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HomeMy WebLinkAbout07-27-15 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKVACANT Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Councilmember At Large BCouncilmember At Large BMayor Pro-Tem Councilmember District 5Councilmember District 5 DANNY EARP Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 27, 2015, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 27, 2015, 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 by Councilmember Jay Martin.The Pledge of Allegiance will be led by Councilmember Jay Martin. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Presentation Presentation -- Resolution Resolution -- Tribute to Tommy Charles Moser Tribute to Tommy Charles Moser -- State Representative, (District State Representative, (District (a) 128,) Wayne Smith.  City Flag presentation by Mayor Rigby.128,) Wayne Smith.  City Flag presentation by Mayor Rigby. (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding the minutes of the City Council meeting held on Consider approval or other action regarding the minutes of the City Council meeting held on (a) July 13, 2015 July 13, 2015 -- P. Fogarty P. Fogarty Consider approval or other action regarding a resolution to the TML Resolution Committee Consider approval or other action regarding a resolution to the TML Resolution Committee (b) requesting statewide support of a coastal barrier system, and including a request for funding requesting statewide support of a coastal barrier system, and including a request for funding for design, construction, and maintenance for a coastal barrier system protecting the for design, construction, and maintenance for a coastal barrier system protecting the HoustonHouston--Galveston Ship Channel region Galveston Ship Channel region -- Mayor Rigby Mayor Rigby Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement (c) with the City of Morgan's Point for the use of City of La Porte facilities for disaster response with the City of Morgan's Point for the use of City of La Porte facilities for disaster response - C. AlexanderC. Alexander Consider approval or other action regarding an Ordinance amending Fiscal Year 2014Consider approval or other action regarding an Ordinance amending Fiscal Year 2014-15 (d) Budget Budget -- M. Dolby M. Dolby Consider approval or other action regarding recommended date of September 14, 2015, for Consider approval or other action regarding recommended date of September 14, 2015, for (e) the Public Hearing on the City's Fiscal Year 2015the Public Hearing on the City's Fiscal Year 2015--2016 Proposed Budget 2016 Proposed Budget -- M. Dolby M. Dolby Consider approval or other action regarding an ordinance amending Chapter 74 of the City Consider approval or other action regarding an ordinance amending Chapter 74 of the City (f) Code of Ordinances by establishing regulations and fees related to the rental of fire hydrant Code of Ordinances by establishing regulations and fees related to the rental of fire hydrant meters meters -- S. Wolny S. Wolny Consider approval or other action regarding a contract with Trikings Construction for the Consider approval or other action regarding a contract with Trikings Construction for the (g) construction of a concrete parking lot at 114 South 3rd Street in the amount of $69,170.92, construction of a concrete parking lot at 114 South 3rd Street in the amount of $69,170.92, plus a five (5) percent construction contingency of $3,458.55 for a combined total of plus a five (5) percent construction contingency of $3,458.55 for a combined total of plus a five (5) percent construction contingency of $3,458.55 for a combined total of plus a five (5) percent construction contingency of $3,458.55 for a combined total of $72,629.47 $72,629.47 -- B. Eng B. Eng 7.REPORTSREPORTS Receive report of the Fiscal Affairs Committee Receive report of the Fiscal Affairs Committee -- Councilmember Engelken Councilmember Engelken (a) 8.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION Discussion and possible action regarding development of a multiDiscussion and possible action regarding development of a multi--use convention center along use convention center along (a) the waterfront of Citythe waterfront of City--owned acreage owned acreage -- Councilmembers Martin, Earp and Zemanek Councilmembers Martin, Earp and Zemanek Discussion and possible action regarding further exploring the City options and opportunities Discussion and possible action regarding further exploring the City options and opportunities (b) related to energy saving performance contracting related to energy saving performance contracting -- C. Alexander C. Alexander 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Budget Workshop Meeting, Monday, August 10, 2015Budget Workshop Meeting, Monday, August 10, 2015 • City Council Meeting, Monday, August 24, 2015City Council Meeting, Monday, August 24, 2015 • Planning and Zoning Commission Meeting, Thursday, August 20, 2015Planning and Zoning Commission Meeting, Thursday, August 20, 2015 • Zoning Board of Adjustment Meeting, Thursday, August 27, 2015Zoning Board of Adjustment Meeting, Thursday, August 27, 2015 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 10.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   Martin, Kaminski, Zemanek, Leonard, Engelken, Earp,   Councilmembers   Martin, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, and Mayor RigbyClausen, and Mayor Rigby   11.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the July 27, 2015, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the July 27, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on July 21, 2015.bulletin board on July 21, 2015.   Council Agenda Item Council Agenda Item July 27, 2015 July 27, 2015 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 by Councilmember Jay Martin.The Pledge of Allegiance will be led by Councilmember Jay Martin. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Presentation Presentation -- Resolution Resolution -- Tribute to Tommy Charles Moser Tribute to Tommy Charles Moser -- State Representative, (District State Representative, (District (a) 128,) Wayne Smith.  City Flag presentation by Mayor Rigby.128,) Wayne Smith.  City Flag presentation by Mayor Rigby. (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item July 27, 2015 July 27, 2015 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 City Council meeting held on Consider approval or other action regarding the minutes of the City Council meeting held on (a) July 13, 2015 July 13, 2015 -- P. Fogarty P. Fogarty Consider approval or other action regarding a resolution to the TML Resolution Committee Consider approval or other action regarding a resolution to the TML Resolution Committee (b) requesting statewide support of a coastal barrier system, and including a request for funding requesting statewide support of a coastal barrier system, and including a request for funding for design, construction, and maintenance for a coastal barrier system protecting the for design, construction, and maintenance for a coastal barrier system protecting the HoustonHouston--Galveston Ship Channel region Galveston Ship Channel region -- Mayor Rigby Mayor Rigby Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement (c) with the City of Morgan's Point for the use of City of La Porte facilities for disaster response with the City of Morgan's Point for the use of City of La Porte facilities for disaster response - C. AlexanderC. AlexanderC. AlexanderC. Alexander Consider approval or other action regarding an Ordinance amending Fiscal Year 2014Consider approval or other action regarding an Ordinance amending Fiscal Year 2014-15 (d) Budget Budget -- M. Dolby M. Dolby Consider approval or other action regarding recommended date of September 14, 2015, for Consider approval or other action regarding recommended date of September 14, 2015, for (e) the Public Hearing on the City's Fiscal Year 2015the Public Hearing on the City's Fiscal Year 2015--2016 Proposed Budget 2016 Proposed Budget -- M. Dolby M. Dolby Consider approval or other action regarding an ordinance amending Chapter 74 of the City Consider approval or other action regarding an ordinance amending Chapter 74 of the City (f) Code of Ordinances by establishing regulations and fees related to the rental of fire hydrant Code of Ordinances by establishing regulations and fees related to the rental of fire hydrant meters meters -- S. Wolny S. Wolny Consider approval or other action regarding a contract with Trikings Construction for the Consider approval or other action regarding a contract with Trikings Construction for the (g) construction of a concrete parking lot at 114 South 3rd Street in the amount of $69,170.92, construction of a concrete parking lot at 114 South 3rd Street in the amount of $69,170.92, plus a five (5) percent construction contingency of $3,458.55 for a combined total of plus a five (5) percent construction contingency of $3,458.55 for a combined total of $72,629.47 $72,629.47 -- B. Eng B. Eng ****************************************************************** ****************************************************************** LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A VACANT DOTTIE KAMINSKI Councilmember District 4 Councilmember At LargeB JAY MARTIN DANNY EARP Mayor Pro-Tem Councilmember District 1 Councilmember District 5 CHUCK ENGELKEN MIKE CLAUSEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE July 13, 2015 Monday,July 13, 2015, The City Council of the City of La Porte met in aregular 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, Earp,Engelken,Clausen and Zemanek. Absent: Councilmembers Leonard and Martin.Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. 2. INVOCATION The invocation was given by Rickie Edwards, New Hope Missionary Baptist. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rigby. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation The representative for requested the proclamation be presented at the August 10, 2015, meeting. 5. PUBLIC COMMENTS (Limited to five minutes per person.) th Safety Manager of NDS, Jo Soto, 326 S. 16, addressed Council representing the company with concerns of the truck ordinance; andshe requested Council review the ordinance and the effect on businesses. Mike Cobb, 109 Summerwinds Dr., addressed Council in opposition to the proposed 124-unit apartment complex located at the southwest corner of Underwood Rd. and Caniff Rd. that will be presented at the July 16, 2015, Planning and Zoning Commission Meeting. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular meeting held on June 22, 2015, and special called city council meeting held on June 29, 2015 P. Fogarty 17 Page of July 13, 2015, Council Meeting Minutes (b) Consider approval or other action regarding a Resolution authorizing the City Manager to execute all contracts and agreements with the State of Texas and such other parties that shall be necessary for conducting a business study of the La Porte Municipal Airport with expenditures from Fiscal Year 2016 Budget of $9,000.00 D. Mick (c) Consider approval or other action regarding aResolution to approve revised Harris County Multi-Hazard Mitigation Plan for the City of La Porte K.Gauthier (d) Consider approval or other action the City of La Porte Code of Ordinances by revising certain regulations related to enforcement of school zones within the corporate limits of the City of La Porte K. Adcox (e) Consider approval or other action authorizing the Mayor to execute an agreement between San Jacinto Community College District and the City of La Porte for the transfer of obsolete Self Contained Breathing Apparatus equipment and parts T. Leach Regarding Consent Agenda Item D, Councilmember Earp questioned if the different timings in school zones can be on the same schedules. Chief of Police Ken Adcox commented the City can work with the District on the various school zone schedules. Councilmember Clausen commented the various/staggered timings are due to there not being enough buses and drivers to get students out of school at the same time. Councilmember Zemanek asked if the public can be notified of the school zone times before the flashing lights on Spencer Highway. Chief of Police Ken Adcox responded with the ordinance change, the signage will have to be adjusted Councilmember Engelken moved to approve Consent Agenda items pursuant to staff MOTION PASSED. recommendations. Councilmember Clausen seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinance from the Consent Agenda: Ordinance 2015-3587 AN ORDINANCE BY REVISING CERTAIN REGULATIONS RELATED TO ENFORCEMENT OF SCHOOL ZONES WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE;PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation of the La Porte Planning and Ordinances of the City of La Porte by adding definitions, and revising regulations related to exterior storage, tree preservation and temporary signs E. Ensey 27 Page of July 13, 2015, Council Meeting Minutes The public hearing opened at 6:12 p.m. City Planner Eric Ensey presented a summary and advised that the Planning and Zoning Commission recommended approval of the request. Councilmember Earp asked if the trees are replanted, will it replace the payment. City Planner Eric Ensey responded yes, the ordinance is written for an individual to receive credit for replanting trees on their property. Councilmember Earp asked how the tree fund is utilized. Mr. Ensey responded for planting trees in the community. Councilmember Zemanek asked if there are plans in the future to utilize the $600,000.00 in the tree fund account. City Manager Corby Alexander responded the City has ideas for utilizing the tree fund monies but will have to solidify plans. Mayor Rigby asked if having a tree ordinance was a requirement. City Manager Corby Alexander responded he is not aware that an ordinance is required for tree preservation. Councilmember Clausen asked if there is an ordinance for landscaping. Mr. Ensey responded yes. Councilmember Zemanek asked if the dead trees at 5 Points and the entrance to Highway 225 can be replaced from the tree fund account. City Manager Corby Alexander responded yes. Councilmember Earp asked if a citizen will have to pay a $200.00 per sign fee for garage sale signs in the proposed ordinance. Mr. Ensey advised he will confirm but does not believe fees have been charged for garage sale signs. Mayor Rigby requested City Secretary Patrice Fogarty confirm if the City has an existing ordinance for garage sales and forward findings to City Council and City Planner Eric Ensey. Paula Bridges, 813 River Creek Dr., addressed Council with clarification for the definition of exterior storage. City Planner Eric Ensey responded exterior storage outside of a building. Maggie Anderson, 909 Garden Walk, addressed Council and requested a committee be formed to research a resolution for the possible cost of posting garage sale signs. The public hearing closed at6:26 p.m. Councilmember Earp moved to approve exterior storage as written,send the tree preservation and temporary signs back to the Planning and Zoning Commission for review. Councilmember seconded MOTION PASSED. Engelken. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin 8. DISCUSSION OR OTHER ACTION (a) Discussion and possible action regarding report on list of Dangerous Buildings in La Porte R. Davidson 37 Page of July 13, 2015, Council Meeting Minutes Deputy Building Official Russell Davidson presented a summary for Dangerous Buildings in th La Porte. Mr. Davidson informed a voluntary consent has been signed for 201 N. 7. The following th structures remain on the Dangerous Buildings List: 203 Bay Oaks Dr.; 204 N. Forrest Ave; 302 N. 7 thththndthst St.; 313 S. 7 St.; 330 S. 5 St.; 402 S. 15 St.; 422 S. 2 St.; 514 N. 5 St., and 626 N. 1St. Mayor Rigby asked if there are other structures that need to be destroyed but are not due to lack of funding. Mr. Davidson responded no, there is not a budgetary constraint. Councilmember Earp asked if homeowners are contacted and advised what needs to be resolved with the structures before reaching City Council on the Dangerous Building List. Mr. Davidson responded yes. Councilmember the buildings. Councilmember MOTION PASSED. seconded Kaminski. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin (b) Discussion and possible action regarding request of WCA to increase commercial containerized solid waste collection fees, under terms of City of La Porte-WCA commercial solid waste collection franchise agreement D. Mick Public Works Director Dave Mick presented a summary and advised the agreement will be starting year 3 of 5 on November 1, 2015. WCA District Manager Kenneth Ramzinski presented a summary on labor and insurance costs and requested a 5 percent increase. MOTION Councilmember Engelken moved to deny the increase. Councilmember seconded Earp. PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin 9. REPORTS (a) Receive report of the Drainage and Flooding Committee Councilmember Clausen Councilmember Clausen provided a report of the Drainage and Flooding Committee meeting held on June 29, 2015. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised the City will provide s which were given during her public comments; and advised everyone how pleased and comforted the Moser family is by the support shown by Council and City staff during their time of bereavement. 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 47 Page of July 13, 2015, Council Meeting Minutes or existing policies Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin, and Mayor Rigby Councilmember Zemanek commented he hopes the Houston Astros start winning baseball games th again; and Mayor Rigby commented on the great time everyone had during the July 4 festivities and thanked the Rotary and George Watkins for all their hard work. 12. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.074 Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander. Texas Government Code, Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside. Texas Government Code, Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd. Texas Government Code, Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside. Texas Government Code, Section 551.071(2) Consultation with Attorney: Meet with City Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures. City Council recessed the regular Council meeting to convene an executive session at 7:21 p.m. regarding the items listed above. 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 9:06 p.m. Regarding Section 551.074 Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander. Councilmember Engelken moved to increase City Manager Corby Alexander salary by $1000per month and changes will also be made to the terms of his contract. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin 57 Page of July 13, 2015, Council Meeting Minutes Regarding Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside. Councilmember Zemanek moved to approve the waiver of permit fees for future construction of properties and certain home sites and to deny the Madison St. right-of-way and reimbursement of MOTION PASSED. already paid permit fees. Councilmember Engelken seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd. MOTION Councilmember Clausen moved to deny the proposal. Councilmember Earp seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.087(1) Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside. Councilmember Engelken moved for staff to explore the possibility of development. Councilmember MOTION PASSED. seconded Earp. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.071(2) Consultation with Attorney: Meet with City Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures. No action was taken. 14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 9:10 p.m.Councilmember Zemanek seconded. Motion passed unanimously. _______________________________ Patrice Fogarty, City Secretary 67 Page of July 13, 2015, Council Meeting Minutes Passed and approved on July 27, 2015. ________________________________ Mayor Louis R. Rigby 77 Page of July 13, 2015, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Mayor RigbyMayor RigbySource of Funds:Source of Funds: Requested By:Requested By: N/AN/A City CouncilCity CouncilAccount Number:Account Number: Department:Department: N/AN/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/AN/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. TML Resolution Cover Sheet TML Resolution Cover Sheet 2. Resolution for TML Resolution Committee Resolution for TML Resolution Committee regarding Support for Coastal Barrier regarding Support for Coastal Barrier System, including fundingSystem, including funding SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Council is being asked to consider submitting a resolution to the TML Resolution Committee, which Council is being asked to consider submitting a resolution to the TML Resolution Committee, which meets at the Annual Conference in September, requesting statewide support of a coastal barrier meets at the Annual Conference in September, requesting statewide support of a coastal barrier system, and including a request for funding for design, construction and maintenance for a coastal system, and including a request for funding for design, construction and maintenance for a coastal barrier system protecting the Houstonbarrier system protecting the Houston--Galveston Ship Channel region.Galveston Ship Channel region. The TML Constitution states that a resolution for consideration at the Annual Conference must be The TML Constitution states that a resolution for consideration at the Annual Conference must be submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. For submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. For 2015, this provision means that a resolution from any member city, TML region, or TML affiliate must 2015, this provision means that a resolution from any member city, TML region, or TML affiliate must arrive at the TML headquarters no later than 5 pm on August 10, 2015.arrive at the TML headquarters no later than 5 pm on August 10, 2015. Action Required of Council:Action Required of Council: Consider approval or other action of a resolution to be sent to the TML Resolution Committee showing Consider approval or other action of a resolution to be sent to the TML Resolution Committee showing statewide support of a coastal barrier system, and including the request for funding for design, statewide support of a coastal barrier system, and including the request for funding for design, construction, and maintenance for the Houstonconstruction, and maintenance for the Houston--Galveston Ship Channel region.Galveston Ship Channel region. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 2015 TML RESOLUTION COVER SHEET Sponsoring Entity: _City of La Porte, Region 14_______________________________________________ (City, TML Affiliate, and/or TML Region) The Houston-Galveston Ship Channel Region is home to a large percentage of the_ Brief Background: Texas population, the largest and most important concentration of petroleum refining and petro_____ chemical processing plants in the U.S.,and the Port of Houston, the second busiest port in the nation._ All are extremely vulnerable to the devastating and costly destruction of hurricane storm surge._____ This resolution is intended to show statewide support What the Resolution is Intended to Accomplish : for Hurricane Storm Surge Protection by means of a coastal barrier system for this nationally________ strategic area, request state funding for additional studies and planning, and request the entire Texas Federal delegation to seek and support federal funding for the design, construction and_______ maintenance of a coastal barrier system for the Houston-Galveston Ship Channel region. ___________ : Municipal governments along How the Resolution is City-Related/How it Addresses a Municipal Issue the Texas coast and Galveston Bay would be severely impacted with respect to infrastructure, facilities, tax base and economies by a major storm event. Damage from hurricane storm surge can__ be mitigated by a coastal barrier system.__________________________________________________ The Houston-Galveston Ship Channel area is the economic engine of the State Statewide Importance : of Texas and the entire United States. Three words sum up the importance: People, Economy, Jobs! To date, a coastal barrier system for hurricane storm surge protection is supported by 24__________ municipalities, 12 community organizations, The Harris County Mayors and Council Association, The Chambers County Mayors Coalition and the 130 industry members of the East Harris County______ Manufacturers Association._________________________________________________________ _ __________________________________________________________________________________ Submitted ByName: : Louis R. Rigby Title: Mayor City: City of La Porte, Texas Email :rigbyl@laportetx.gov Telephone: 281-470-5019 PLEASE DO NOT WRITE ON THE BACK OF THIS FORM A RESOLUTION OF THE TEXAS MUNICIPAL LEAGUE SUPPORTING A COASTAL BARRIER SYSTEM TO PROTECT THE HOUSTON/GALVESTON REGION FROM STORM SURGE AND SUB-TROPICAL RAIN EVENTS; REQUESTING FUNDING FROM THE STATE OF TEXAS TO PROVIDE FOR COMPREHENSIVE STUDIES TO DETERMINE THE MOST EFFECTIVE COASTAL BARRIER SYSTEM TO SAFEGUARD THE REGION; REQUESTING THE TEXAS FEDERAL DELEGATION TO SEEK AND SUPPORT FEDERAL FUNDING FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A COASTAL BARRIER SYSTEM FOR THE AREA; AND PROVIDING FOR DELIVERY OF SUCH RESOLUTION TO ALL TEXAS STATE LEGISLATORS AND THE ENTIRE TEXAS FEDERAL DELEGATION REPRESENTING TEXAS CITIZENS IN WASHINGTON, D.C. WHEREAS, the Houston/Galveston region is home to the largest and most important concentration of petroleum refining and petrochemical processing plants in the United States, and the Port of Houston is the second-busiest port in the nation; and WHEREAS , the region is hit by a major hurricane about every 15 years; and the Perryman - of $73 billion in gross product, $61.3 billion in income and 863,000 jobs while causing an enormous amount of damage to the economy of the United States; and WHEREAS , storm surge entering Galveston Bay as a result of a hurricane or other significant storm event tends to increase in height as it moves further up into the Bay and the Houston Ship Channel, endangering human life, destroying property, and damaging sensitive ecosystems; and WHEREAS , a coastal barrier system, using manmade sand dunes (revetments covered with sand and natural grasses) along the length of the coast connecting to the existing Galveston Seawall as well as large moveable flood gates, is essential to protect the industries, citizens, and WHEREAS , such a coastal barrier system currently under serious study is based on a proven concept directly modeled from other technologies successfully installed around the world - including in Rotterdam, the Netherlands, St. Petersburg, Russia, along the Thames River in London, England, and in New Orleans, Louisiana; and WHEREAS , such a coastal barrier system is technically feasible, economically sound, environmentally friendly and socially equitable, and justifies funding from the State of Texas to conduct comprehensive studies to determine the most effective coastal barrier system to safeguard the entire Houston/Galveston region to include the coastal barrier system currently under study modeled from proven technologies used in the Netherlands and elsewhere. NOW, THEREFORE, BE IT RESOLVED: The Texas Municipal League fully endorses and supports state funding for studies to advance the continued development of a coastal barrier system, which would provide comprehensive protection to the people, industries, businesses, schools, government facilities, residences, and associated infrastructure within the Houston/Galveston region. In addition, the Texas Municipal League respectfully encourages and requests our federal Texas delegation to seek and support federal funding for the design, construction and maintenance of a coastal barrier system to provide Hurricane Storm Surge Protection for this nationally strategic area of our state. PASSED, APPROVED and ADOPTED by the membership of the Texas Municipal League this the ______ day of September,2015. APPROVED By: ________________________ President ATTEST: _______________________ Bennett Sandlin Executive Director REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A C. AlexanderC. AlexanderSource of Funds:Source of Funds: Requested By:Requested By: N/AN/A AdministrationAdministrationAccount Number:Account Number: Department:Department: N/AN/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/AN/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Facility Use Agreement with Morgan's Facility Use Agreement with Morgan's Point SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In March, the City of La Porte allowed MorganIn March, the City of La Porte allowed Morgan’’s Point to use the Citys Point to use the City’’s Emergency Operations Center s Emergency Operations Center for the emergency response related to the ship collision in the Houston Ship Channel.  Subsequent to for the emergency response related to the ship collision in the Houston Ship Channel.  Subsequent to this event, the City of La Porte was approached by representatives from City of Morganthis event, the City of La Porte was approached by representatives from City of Morgan’’s Point recently s Point recently to discuss emergency operations center arrangement in the event that Morganto discuss emergency operations center arrangement in the event that Morgan’’s Point experienced s Point experienced another disaster in the future. another disaster in the future.  The attached Facility Use Agreement sets forth basic provisions for the use of La PorteThe attached Facility Use Agreement sets forth basic provisions for the use of La Porte’’s Emergency s Emergency Operations Center (or other office space as determined by event circumstances) for disaster response Operations Center (or other office space as determined by event circumstances) for disaster response by up to six Morganby up to six Morgan’’s Point employees.  La Portes Point employees.  La Porte’’s current EOC and Police Station can accommodate s current EOC and Police Station can accommodate these employees in the event of a disaster.  This agreement does not preclude either city from seeking these employees in the event of a disaster.  This agreement does not preclude either city from seeking reimbursement for eligible expenses incurred by each city related to the disaster response.      reimbursement for eligible expenses incurred by each city related to the disaster response.      reimbursement for eligible expenses incurred by each city related to the disaster response.      reimbursement for eligible expenses incurred by each city related to the disaster response.       Staff recommends approval of the Interlocal Agreement with MorganStaff recommends approval of the Interlocal Agreement with Morgan’’s Point for the provision of office s Point for the provision of office space in the City facilities for disaster response.space in the City facilities for disaster response. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement with the Consider approval or other action authorizing the Mayor to execute a Facility Use Agreement with the City of MorganCity of Morgan’’s Point for the use of City facilities for disaster response.s Point for the use of City facilities for disaster response. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate FACILITY USE AGREEMENT WHEREAS were one to occur; and WHEREAS , the City of La Porte, Texas has volunteered to assist the City in its disaster recovery efforts following a disaster by providing office space and office equipment for employees and storage space for equipment ; NOW, THEREFORE, Porte facilities, and other services as may be agreed upon by the Parties during a disaster. TERMS The Parties mutually agree as follows: 1. La Porte will make available office space and office equipment for up to six employees and storage space for equipment at its facilities located in La Porte, Texas, provided its facilities are deemed safe to be occupied. 2. and as it may be extended. Additional disaster recovery space or services may be provided by La Porte, upon their City Council 3. City Manager, or City Attorney, as follows, or to an emergency location as determined during an emergency: 1415 Main Street , TX 77571 City of La Porte 604 W. Fairmont La Porte, TX 77571 Entered into this the __th day of _________, 20__. 1 ____________________________________ Michel Bechtel, Mayor ATTEST: _________________________ Megan Mayes, City Secretary CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: _________________________ Patrice Fogarty, TRMC, MMC 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: July 27, 2015 Source of Funds: N/A Requested By: Michael Dolby, CPA Account Number: N/A Department: Finance Amount Budgeted: N/A Report: Resolution: Ordinance: XX Amount Requested: N/A Exhibits: Ordinance Budgeted Item: YES NO Exhibits: Excerpt from FY 2015 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2014-15 Budget on September 8, 2014. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2014-15 Budget. (*denotes funds with current changes) Previously Proposed Original Budget Amended BudgetAmended Budget General Fund $ 42,524,058 $ 42,852,320 $ 44,380,886 Grant Fund 502,678 1,114,282 1,144,334 Street Maintenance Sales Tax Fund 795,000 795,000 795,000 Emergency Services District Sales Tax Fund 1,322,638 1,390,917 1,390,917 Hotel/Motel Occupancy Tax 826,039 828,589 833,589 Economic Development Corporation 1,418,611 1,518,611 1,518,611 Tax Increment Reinvestment Zone 2,807,737 2,807,737 2,807,737 Utility 8,056,291 8,133,236 8,133,236 Airport 47,496 78,082 78,082 La Porte Area Water Authority 1,129,481 1,129,481 1,129,481 Motor Pool 3,130,099 3,177,768 3,177,768 Insurance Fund 6,247,649 6,247,649 6,247,649 Technology Fund 220,000 269,600 269,600 General Capital Improvement 1,615,000 1,790,000 1,790,000 Utility Capital Improvement 1,175,000 1,375,000 1,375,000 Sewer Rehabilitation Capital Improvement 350,000 350,000 350,000 Drainage Improvement Fund 240,000 240,000 240,000 2010 Certificates of Obligation Bond Fund 280,000 280,000 280,000 General Debt Service 4,358,723 4,358,723 4,358,723 Utility Debt Service 277,226 277,226 277,226 La Porte Area Water Authority Debt Service 691,838 691,838 691,838 Total of All Funds $78,015,564 $79,706,059 $81,269,677 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2014-15 Budget for the following items: A.$30,052 in the Grant Fund for the installation of playground equipment in Glen Meadows Park. Park Zone 3 funds will be utilized. (The transfer from the General Fund to the General CIP fund can be reduced by the same amount and funds reallocated to the RFC reconstruction.) B.$1,500,000 in the General Fund to transfer the reserve for health insurance into the Insurance Fund. C.$28,566 in the General Fund for repairs to the PD/EOC. The funding will come from reimbursement monies for the use of the EOC during the chemical event that occurred in the ship channel in March. D.$5,000 in the Hotel/Motel Fund for a catch up payment to the La Porte Heritage Society. Approved for City Council Agenda Corby D. Alexander, City Manager Date EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 14-15FY 14-15 RevenuesExpenses Governmental Fund Types: General Fund$ 41,057,475$ 42,524,058 Grant Fund 409,287 502,678 Street Maintenance Sales Tax 1,105,715 795,000 Emergency Services District 1,104,815 1,322,638 Hotel/Motel Occupancy Tax 576,500 826,039 Economic Development Corporat 2,213,130 1,418,611 Tax Increment Reinvestment 2,688,633 2,807,737 Total Governmental Types 49,155,555 50,196,761 Enterprise: Utility 8,079,000 8,056,291 Airport 59,500 47,496 La Porte Area Water Authority 1,284,359 1,129,481 Total Enterprise 9,422,859 9,233,268 Internal Service Motor Pool 2,668,048 3,130,099 Insurance Fund 5,781,791 6,247,649 Technology Fund 477,688 220,000 Total Internal Service 8,927,527 9,597,748 Capital Improvement: General 1,020,000 1,615,000 Utility 2,100,500 1,175,000 Sewer Rehabilitation 300,500 350,000 Drainage Improvement Fund 267,750 240,000 2010 C/O Bond Fund - 280,000 Total Capital Improvement 3,688,750 3,660,000 Debt Service: General 4,228,560 4,358,723 Utility 277,726 277,226 La Porte Area Water Authority 691,838 691,838 Total Debt Service 5,198,124 5,327,787 Total All Funds$ 76,392,815$ 78,015,564 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 14-15FY 14-15 RevenuesExpenses Governmental Fund Types: General Fund$ 41,057,475$ 44,380,886 Grant Fund 1,011,947 1,144,334 Street Maintenance Sales Tax 1,105,715 795,000 Emergency Services District 1,104,815 1,390,917 Hotel/Motel Occupancy Tax 579,050 833,589 Economic Development Corporat 2,388,130 1,518,611 Tax Increment Reinvestment 2,688,633 2,807,737 Total Governmental Types 49,935,765 52,871,074 Enterprise: Utility 8,148,161 8,133,236 Airport 60,086 78,082 La Porte Area Water Authority 1,284,359 1,129,481 Total Enterprise 9,492,606 9,340,799 Internal Service Motor Pool 2,684,011 3,177,768 Insurance Fund 5,781,791 6,247,649 Technology Fund 477,688 269,600 Total Internal Service 8,943,490 9,695,017 Capital Improvement: General 1,020,000 1,790,000 Utility 2,100,500 1,375,000 Sewer Rehabilitation 300,500 350,000 Drainage Improvement Fund 267,750 240,000 2010 C/O Bond Fund - 280,000 Total Capital Improvement 3,688,750 4,035,000 Debt Service: General 5,832,377 4,358,723 Utility 277,726 277,226 La Porte Area Water Authority 691,838 691,838 Total Debt Service 6,801,941 5,327,787 Total All Funds$ 78,862,552$ 81,269,677 Wolny, Shelley From:Dolby, Michael Sent:Thursday, May 28, 2015 9:44 AM To:Wolny, Shelley Subject:FW: Park Zone and Rec Center Shelley, PleasesetupabudgetamendmenttoincreaseParkZone3for$30,052.33toinstallplaygroundequipment; reduceplaygroundrenovations(Gen620)infund15by$30,052.33;increasetheRFC15projectaccount$30,052.33and reduceourCIPtransferinnondepartmentalby$30,053.33. thanks CƩƚƒʹLeach,Traci {ĻƓƷʹWednesday,May27,20154:38PM ƚʹEpting,Rosalyn;Dolby,Michael {ǒĬƆĻĭƷʹFW:ParkZoneandRecCenter RozandMichael: PleaseseetheemailchainbelowregardingthespecialtyflooringattheRecreationCenter. MichaelPleaseinitiatethepaperworktogetthisontheupcomingquarterlybudgetamendmentandgetthosePark ZonefundsmovedwheretheyneedtobetopayfortheplaygroundequipmentforGlenMeadowsPark(currently fundedviaFund015).YouwilllikelyneedtogetwithScottondoingtheJEfortheaccountingpieceofit,asIamnot ountofthatPOfortheequipmentreplacement,nordoIknowthestatusofpayment. 100%suretheexactam RozIthinkthisgivesusenoughfundingtogetthewoodfloorsandthespecialrubberflooringinthecardio/weight areas.Pleaseconfirmthat$30Kwillgapusfromreplacementtoupgradedflooring. Bothofyouguysletmeknowifyouforeseeanyasnafusinthemechanicsofthisproposedplan. Thankseveryoneforthepatienceaswetrytofigureoutawaytogetsomereallynicefloorsforthefacility! Traci City of La Porte General Fund (001) Summary Beginning Fund Balance 9/30/13$ 27,356,085 Plus Estimated 13-14 Revenues 40,854,898 Less Estimated 13-14 Expenditures 40,843,582 Reserve for Health Insurance 1,500,000 Reserve for Health Insurance1,500,000 Reserve for Utility System Improvements 5,000,000 Estimated Fund Balance 9/30/14 20,867,401 Plus 14-15 Revenues: General Property Taxes 14,728,500 Franchise Fees 2,158,666 Sales Tax 4,417,259 Industrial Payments 12,054,598 Other Taxes 60,000 License & Permits 388,050 Fines & Forfeits 1,461,800 Charges for Services 4,090,650 Parks & Recreation 230,000 Recreation & Fitness Center 200,900 Golf Course 1,031,545 Miscellaneous 40,000 Operating Transfers 124,507 Interest Income 71,000 Total Revenues 41,057,475 Equals Total Resources 61,924,876 Less 14-15 Expenditures: Emergency Services 4,626,227 Police 11,921,484 Golf Course 1,489,527 Administration 5,232,287 Finance 1,518,104 Non-Departmental 6,422,172 Public Works 5,418,221 Parks 3,940,908 Planning 1,955,128 Total Expenditures 42,524,058 Ending Fund Balance 9/30/15$ 19,400,818 EstimatedProjected 2013-142014-15 Revenues$ 40,854,898$ 41,057,475 Expenditures 47,343,582 42,524,058 Revenues over Expenditures$ (6,488,684) $ (1,466,583) Targeted Reserve- 120 days of expenditures Estimated days - 167 days Goal: $13,967,516 1 Day = $116,396 77 Wolny, Shelley From:Dolby, Michael Sent:Thursday, June 04, 2015 12:49 PM To:Leach, Traci Cc:Alexander, Corby; Gauthier, Kristin; Wolny, Shelley Subject:RE: Check from Gallagher Marine Services Traci, Sinceweareincreasingthebudgetforanunappropriateditem,isabudgetamendmentrequired?Wearegoingto councilagainnextmonthforabudgetamendmentforthecontingencyaccount,sowecanaddthisitem. thanks CƩƚƒʹLeach,Traci {ĻƓƷʹThursday,June04,20159:57AM ƚʹDolby,Michael /ĭʹAlexander,Corby;Gauthier,Kristin {ǒĬƆĻĭƷʹCheckfromGallagherMarineServices Michael: OEMisexpectingacheckfromGallagherMarineServicesinanamountjustshortof$38,000asreimbursementforuse ofthe/źƷǤ͸ƭEOCduringthechemicaleventthatoccurredintheShipChannelinMarch.TherehavebeenseveralEOC relatedrepairsandmodificationsthatneedtobemadeasaresultofthesustaineduseofthefacilityduringthis event.Atthistime,itappearsthattherepairsandEOCworkwillcomeinaround$10,000.IhaveaskedKristintomove forwardwiththeseimprovementsnowsowecanhavetheminplaceforthisǤĻğƩ͸ƭseasonshouldanactivationbe required. Itismyunderstandingthattheremainderofthefundsmayhavebeendiscussedasafundingopportunitytomakeother ng.ThereareafewoftheserequestsreflectedinthePDproposedFY16 improvementsthroughoutthePDbuildi budget.AdecisionontheseadditionalimprovementshasnotyetbeenmadebyCMO.Ianticipatediscussingthese itemsduringourdepartmentmeetingswithCorbyfortheFY16budget. So,fortheinterim,pleasecoordinatewithKristinonmakingsurethosefundsareavailablefortheEOCrepairs. PleasecontactmeorKristinifyouhaveanyquestions. Thanks! Traci TraciLeach AssistantCityManager 2814705012(office) 2818136094(mobile) leacht@laportetx.gov ͻŷĻCityofLaPorteembracesitsheritage,communityvalues,andopportunities,whileimprovingthequalityoflifefor ourƩĻƭźķĻƓƷƭ͵ͼ 1 Wolny, Shelley From:Bedford, Michelle Sent:Tuesday, July 07, 2015 3:54 PM To:Wolny, Shelley Subject:Use of Funds Received from 15SHIP Incident for Painting at PD TheCityreceivedacheckforutilizationofthePD/EOCfacilitiesandrelatedreimbursementsintheamountof $37,645.21fromGallagherMarineSystems.ThefundsweredepositedonoraboutJune8,2015byFinanceintothe GeneralRevenueAccountfortheCity. easwereidentifiedasneedingtobepainted.Itwas Duetotheamountofthepeopleinourfacility,severalcommonar decidedthatallcommonareasshouldbepaintedatthesametimeandquoteswereobtained.Thelowquotewasfor $18,566.00.CityManagementdiscussedutilizationoffundsreceivedforthisandotherprojectsthathavebeen budgetedforintheFY15/16budget.ChiefAdcoxverifiedthroughMs.Leachthattheuseofthefundingisapproved. Thankyou. 1 Wolny, Shelley From:Leach, Traci Sent:Thursday, June 04, 2015 1:07 PM To:Wolny, Shelley Cc:Dolby, Michael; Alexander, Corby Subject:Budget Amendment Item Shelley: IneedtoaddanitemtothequarterlybudgetamendmentfortheLaPorteHeritageSociety03760635656030.The Cityremitsanannualpaymentof$5,000eachyearfordocents.Typically,thispaymentIsmadeattheendofthe calendaryearoncetheCityreceivestheannualreportofdocenthours,etc.TheCitydidnotreceivethisreportforFY 2014andthusdidnotmakeapayment.DuringtheFY2015budgetreview,welookedatprioryearexpendituresand reducedthatlineitemtobeconsistentwithPYexpenditures.TheFY2015budgethas$10,000budgetedforHeritage Societyandincluded$5,000forthisǤĻğƩ͸ƭpaymentpluscostsforrepairstotheDepot.However,theCityhasjust receivedthereportsforthepast2yearsandweneededtomake2paymentstocatchup.Inordertodothis,thebudget amountmustbeincreasedby$5,000toaccountfortheextrapaymentfortheyearthatwasmissed. Pleaseletmeknowifyouhaveanyquestions. Thankyou! TraciLeach AssistantCityManager 2814705012(office) 2818136094(mobile) leacht@laportetx.gov ͻŷĻCityofLaPorteembracesitsheritage,communityvalues,andopportunities,whileimprovingthequalityoflifefor ourƩĻƭźķĻƓƷƭ͵ͼ 1 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A M. DolbyM. DolbySource of Funds:Source of Funds: Requested By:Requested By: N/AN/A FinanceFinanceAccount Number:Account Number: Department:Department: N/AN/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/AN/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Budget Calendar Budget Calendar SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In accordance with Article IV, Section 4.03 of the CityIn accordance with Article IV, Section 4.03 of the City’’s Charter and Section 102 of the Local s Charter and Section 102 of the Local Government Code, Council shall determine the place and time of the Public Hearing on the proposed Government Code, Council shall determine the place and time of the Public Hearing on the proposed budget, and shall cause to be published a notice of the place and time.  Not less than ten (10) days after budget, and shall cause to be published a notice of the place and time.  Not less than ten (10) days after date of publication, Council will hold a Public Hearing on the proposed budget.date of publication, Council will hold a Public Hearing on the proposed budget. Staff is recommending that a Public Hearing for the Fiscal Year 2015Staff is recommending that a Public Hearing for the Fiscal Year 2015--2016 Proposed Budget be held on 2016 Proposed Budget be held on Monday, September 14, 2015, at a Regular Called meeting of the City Council to begin at 6:00 p.m.Monday, September 14, 2015, at a Regular Called meeting of the City Council to begin at 6:00 p.m. Additionally, staff is would like to discuss the proposed dates for the budget workshops.  Staff Additionally, staff is would like to discuss the proposed dates for the budget workshops.  Staff thth recommends holding the budget workshops during the week of August 10recommends holding the budget workshops during the week of August 10.. Action Required of Council:Action Required of Council: Approve the recommended date of September 14, 2015, for the Public Hearing on the CityApprove the recommended date of September 14, 2015, for the Public Hearing on the City’’s FYs FY 2015-2016 Proposed Budget.2016 Proposed Budget. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate BUDGET CALENDAR FY 2015-2016 DAY DATE ACTIVITY Saturday April 18 Pre-Budget Workshop with Council Monday April 20 Budget Kickoff – Initial Discussion and Packet Distribution Begin Departmental Input of 2014-2015 Estimates (Level 150) Begin Departmental Input of 2015-2016 Projections ( Level 200) Friday April 24 Overtime Projections due from Divisions for FY 2014 Estimates and FY 2015 Projections Monday May 6 Complete Input of All Capital Outlay Requests in Operational Budgets Wednesday Friday May 15 Complete Departmental Input of 2014-2015 Estimates (Level 150) Complete Departmental Input of 2015-2016 Projections (Level 200) Revenue Estimates and Projections due to Finance Goals, Objectives and Performance Measures due to Finance Thursday May 28 Proposed budgets to City Manager (Revenues & Expenditures) Week June 15-19 City Manager review with Departments Thursday June 25 Final Revenue Estimates Prepared Monday July 6 Budget review compilations by City Manager Monday July 13 City Council to determine place and time of Public Hearing Monday July 27 City Manager sends City Council Proposed Budget Week Aug 10-14 City Manager Budget Workshops with Council Monday Aug 10 City Council to decide on dates of Public Hearings on tax rate (if needed) 15 days 30 days* Thursday Aug 27 Post Notice of Public Hearing and Notice of Property Tax Revenue Increase 10 days Monday Sep 14 City Council Adopts Budget/Public Hearing Monday Sep 28 City Council Adopts Tax Rate– IF NOT ADOPETED WITH BUDGET *30 days prior to setting the tax levy. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A S. WolnyS. WolnySource of Funds:Source of Funds: Requested By:Requested By: N/AN/A FinanceFinanceAccount Number:Account Number: Department:Department: N/AN/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/AN/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. Fire Hydrant Meter Rental Application Fire Hydrant Meter Rental Application SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   The City currently provides fire hydrant meters to contractors within the City.  Currently, the deposit is The City currently provides fire hydrant meters to contractors within the City.  Currently, the deposit is only $600, and the contractors are charged a daily fee of $1.00 and $2.00 per each 1,000 gallons.  The only $600, and the contractors are charged a daily fee of $1.00 and $2.00 per each 1,000 gallons.  The meters cost approximately $1,500 to replace.  The current deposit is not enough to cover replacement meters cost approximately $1,500 to replace.  The current deposit is not enough to cover replacement or damage to the meters.  Additionally, the low fee does not encourage contractors to return the meters or damage to the meters.  Additionally, the low fee does not encourage contractors to return the meters in a timely manner.in a timely manner. Staff is recommending that the deposit be increased to $1,500, and the daily fee be increased to $15 Staff is recommending that the deposit be increased to $1,500, and the daily fee be increased to $15 dollars a day.  The consumption charges would be based on the current commercial rate for a 3dollars a day.  The consumption charges would be based on the current commercial rate for a 3””meter meter as outlined in Appendix A of the Cityas outlined in Appendix A of the Cityas outlined in Appendix A of the Cityas outlined in Appendix A of the City’’’’s Code of Ordinances.  Additionally, staff recommends that a fee of s Code of Ordinances.  Additionally, staff recommends that a fee of s Code of Ordinances.  Additionally, staff recommends that a fee of s Code of Ordinances.  Additionally, staff recommends that a fee of $25.00 be charged for the initial attachment to the hydrant and any subsequent relocation of the meter, $25.00 be charged for the initial attachment to the hydrant and any subsequent relocation of the meter, which will be handled by the meter readers.which will be handled by the meter readers. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance establishing the fire hydrant meter fees as indicated Consider approval or other action of an ordinance establishing the fire hydrant meter fees as indicated with an effective date of October 1, 2015.with an effective date of October 1, 2015. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate FOR OFFICE USE ONLY: Employee Initials Deposit Amount Paid: Receipt#: Deposit Receipt #: Account #: Service Order #(if any) FIRE HYDRANT METERRENTAL APPLICATION Applicant agreestopay a depositof$1,500.00for a firehydrantmeter to besetbytheCityattherequestedaddress.An initial setup fee of $25.00 will be required at each location. Readingswill be obtained monthly by a meter technician.The water usage rates will be charged at the commercial rate for a 3meter as outlined in Exhibit A of the Citys Code of ”’ Ordinances. A daily fee of $15 per day will be charged monthly in addition to the monthly consumption billed. Incase Waterservice will not a meterisreportedaslostorstolen,the deposit of $1,500 will be forfeited toreplacesuchmeter. beprovideduntilthisfeehasbeenpaid. Date of Application:/ / ContractorInformation ContractorName: FederalTaxpayerID: Billing Address:StreetAddress: City:State:ZipCode: ServiceAddress/Installation Location (ifnostreetaddressisassigned please providenameofsubdivision and/ornamesofnearest : streetintersection(s)) Authorized Representative/Contact Person: Title of Authorized Representative:Mobile Phone #: Office Phone #:Fax #: E-mail Address: Purpose of fire hydrant usage: Estimateperiod oftimeused: Meter#:Beginning Read: IfthisisforaCityofLa Portejob,pleasefilloutthefollowing: Cityof La Porte Ordinance # or CIP#: Cityof La Porte Contact Name/Title: Bysigningbelow,thecontractorunderstandsthatthemeterremainsthepropertyofthecity. The contractor understands that the meters are not to be moved from one location to another without authorization from City personnel. A $25.00 moving fee will be required to relocate the meter to a new site. Thecontractorisliablefor thelossoranydamagesustainedtothemeter, valve orconnectionsduringitsperiodofuse. SignatureofAuthorizedRepresentativeDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Fund 15Fund 15 B. EngB. EngSource of Funds:Source of Funds: Requested By:Requested By: 015015--98929892--649649-- Planning & DevelopmentPlanning & Development Department:Department: Account Number:Account Number: 11001100 Report:Resolution:Resolution:Ordinance:Ordinance: $125,000.00$125,000.00 Amount Budgeted:Amount Budgeted: Other: $72,629.47$72,629.47 Amount Requested:Amount Requested: AttachmentsAttachments : : Budgeted Item:Budgeted Item:YESYESNONO 1. Notification Report Notification Report 2. Bid from Trikings Construction Bid from Trikings Construction 3. Bid Tabulation Bid Tabulation 4. Site Plan Site Plan 5. Trikings Construction References Trikings Construction References SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS rd The City received bids to provide for the construction of a concrete parking lot located at 114 South 3The City received bids to provide for the construction of a concrete parking lot located at 114 South 3 Street.  The parking lot will provide much needed parking along Main Street for patrons to their Street.  The parking lot will provide much needed parking along Main Street for patrons to their thth businesses from 5businesses from 5 Street to Broadway along Main Street.  The project is funded by an Economic Street to Broadway along Main Street.  The project is funded by an Economic Development Fund transfer.Development Fund transfer. To expedite the completion of the project our Public Works Department has completed the subTo expedite the completion of the project our Public Works Department has completed the sub--base base and sub-grade work. Public Works has also installed the electrical conduits and secured the lighting for grade work. Public Works has also installed the electrical conduits and secured the lighting for the parking lot. The total amount spent or encumbered to date is $36,331.00.  This leaves a current the parking lot. The total amount spent or encumbered to date is $36,331.00.  This leaves a current remaining project balance is $88,669.00.        remaining project balance is $88,669.00.         The contractorThe contractor’’s bid was examined and it is staffs bid was examined and it is staff’’s recommendation to award the contract to Trikings s recommendation to award the contract to Trikings Construction for $ 69,170.92, plus a 5% construction contingency in the amount of $3,458.55 for a total Construction for $ 69,170.92, plus a 5% construction contingency in the amount of $3,458.55 for a total requested amount of $72,629.47.  While Trikings is a newly formed company, staff conducted requested amount of $72,629.47.  While Trikings is a newly formed company, staff conducted background reference checks and recommends awarding the bid to Trikings.background reference checks and recommends awarding the bid to Trikings. The current project balance minus the award amount leaves $16,039.53 and should cover the The current project balance minus the award amount leaves $16,039.53 and should cover the remaining work which will be wiring and installing lights and providing landscaping and irrigation.  remaining work which will be wiring and installing lights and providing landscaping and irrigation.   Action Required of Council:Action Required of Council: Consider approval or other action of a contract with Trikings Construction for the construction of a Consider approval or other action of a contract with Trikings Construction for the construction of a rdrd concrete parking lot at 114 South 3concrete parking lot at 114 South 3 Street in the amount of $69,170.92, plus a 5% construction Street in the amount of $69,170.92, plus a 5% construction contingency of $3,458.55 for a combined total of $72,629.47.contingency of $3,458.55 for a combined total of $72,629.47. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: July27,2015 Source of Funds: Fund 15 Requested By: _Bob Eng______ Account Number:015-9892-649-1100 Department: __Planning____________ Amount Budgeted: $125,000.00 Report: _X__Resolution: ____Ordinance: ____ Amount Requested: $72,629.47 Budgeted Item: XYES NO Exhibits: 1.Notification Report 2.Bid from Trikings Construction 3.Bid Tabulation 4.Site Plan 5.Trikings Construction References SUMMARY & RECOMMENDATION The City received bids to provide for the construction of a concrete parking lot located at 114 South 3 rd Street. The parking lot will provide much needed parking along Main Street for patrons to their businesses th from 5 Street to Broadway along Main Street. The project is funded by an Economic Development Fund transfer. To expedite the completion of the project our Public Works Department has completed the sub-base and sub-grade work. Public Works has also installed the electrical conduits and secured the lighting for the parking lot. The total amount spent or encumbered to date is $36,331.00. This leaves a current remaining project balance is$88,669.00. recommendation to award the contract to Trikings Construction for $ 69,170.92, plus a 5% construction contingency in the amount of $3,458.55 for a total requested amount of $72,629.47. While Trikings is a newly formed company, staff conducted background reference checks and recommends awarding the bid to Trikings. The current project balance minus the award amount leaves $16,039.53 and should cover the remaining work which will be wiring and installing lights and providing landscaping and irrigation. _________ _____________________________________________________________________ Action Required of Council: Consider approval or other action of a contract with Trikings Construction for the construction of a concrete parking lot at 114 South 3 rd Street in the amount of $69,170.92, plus a 5%construction contingency of $3,458.55 for a combined total of $72,629.47. Approved for City Council Agenda $15,038.19$141,302.81$1,793.00$1,025.00$159,159.00 Paskey Incorporated Extended Price 15038.1985.69179325 Unit price $7,161.96$92,228.57$5,774.47$1,227.78$106,392.78 Precise Services, Inc. Extended Price 7161.9655.935774.4768.21 Unit price $6,000.00$90,826.92$900.00$594.50$98,321.42 Brooks Concrete, Inc. Extended Price 600055.0890014.5 Unit price $3,500.00$87,397.00$750.00$3,075.00$94,722.00 AAA Asphalt Paving Extended Price Sealed Bid #15010 - S. 3rd Street Public Parking Lot 35005375075 Unit price $5,000.00$84,099.00$850.00$1,025.00$90,974.00 Aztec Remodeling & Extended Landscaping, Inc. Price 50005185025 Unit price $750.00$80,471.20$900.00$738.00$82,859.20 Extended Taylor & Taylor Price Construction 75048.890018 Unit price $5,000.00$59,495.92$1,600.00$3,075.00$69,170.92 Trikings Construction Extended Price 500036.08160075 Unit price 1649 QTY 41 11 UOM LSSYLS EA 6" concrete with 4" rebar on 12" centers Mobilization for entire project Remove and replace car stops Description Striping as specified TOTAL BID Item 1234 References for TriKings Construction: Syed Omar-Owner 1) Paul Eley 281-319-6403 /TxDOT Area Office Construction Project Manager Comment: Works well with others, professional, punctual, fast learner, dependableworker. 2003-2004/ Project: IH- 610 West Loop from IH 610 South Loop to IH-10.24/7 job Project Inspector for: bridge structures and slabs, concrete paving, concrete testing, utilities relocations, traffic signals foundations, embankment, rip rap andmonthly pay sheets. 2) Glen Scantlin 281-319-6400 /TxDOT Area Office Construction Project Manager Comment: hard worker, takes initiative, coordinates with Contractor, responsible for monthly pay sheets. 2004-2007/Project: IH 610/IH 10 West Loop Interchange. Project Inspector for: bridge structures and slabs, concrete paving and testing, embankment, rip rap, high mast lighting and pay sheets. 3) Alan Hohle 713- 802-5347 TxDOT Computerized Traffic Management Systems (CTMS) Supervisor 2007-2010: Various locations in Houston Comment: Works well with limited supervision and knowledgeable about material testing, requirements and specifications. Ability to make decisions in the field to ensure successful project completion. Project Manager for: CTMS projects including all book keeping and records as well as field coordination and inspections. This job entailedplacement of Computerized Traffic Management Systems (CTMS). With this placement concrete sidewalks, ramps, rip rap, and traffic signals needed to be relocated or replaced. Includes all material testing approvals and payment. 4) Ugonna Ughanzie,TxDOT 713-802-5661 Director of Traffic Engineering out of Country 5) Dock Gee, TxDOT713-802-5405 Director of Traffic Management Systems and Construction out on medical leave. Council Agenda Item July 27,2015 7. (a) Receive report of Fiscal Affairs Committee Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date RequestedJuly 27, 2015__Appropriation: : Requested By:Councilman Jay Martin___ Source of Funds: N/A Department: City Council _ Account Number: N/A Report:__ __Resolution: _____Ordinance: _ ___Amount Budgeted: N/A Exhibits:Conference Centers Research Amount Requested: N/A Exhibits: ConceptPictures Budgeted Item: N/A Exhibits: Deer Park Civic Center, Proposed Exhibits: Deer Park, E-Mail Exhibits: Uses Surrounding the Hagerty Conference Center Exhibits: Kingwood Community Center Rental Rates _____________________________________________________________________________________ SUMMARY & RECOMMENDATION The City of La Porte does not have a multi-use civic center. An opportunity may exist for the City of La Porte and/or the Economic Development Board to construct a multi-use civic center on the 7.5 acres of property that the City of La Porte owns on the waterfront of Galveston Bay. This facility would be available for use by the citizens of La Porte, businesses of La Porte, and visitors from other communities. Management of the facility could be contracted out like the concession business at the golf course. Another, or same, contractor could manage the catering, setup, booking, etc. twelve Economic Development Staff collected information on (12) conference/civic/community centers. Seven of the centers are publicly-owned facilities in the Greater Houston Area, while the other five are privately-owned facilities across North America. Each of the five privately-owned and operated conference centers are on the waterfront. For information on each of the twelve (12) conference/civic/community centers surveyed, please see the enclosed Excel spreadsheet. In summary, please note the following: $3.5 The best estimate to construct a 26,250 square-foot community/conference center is million . Please note the files regarding the City of Deer Park. The Evelyn Kennedy Civic Center, which is 5,198 square feet in size, will serve a maximum capacity of 200 people. A 26,250-square-foot community/conference center five times would be roughly as large as the Evelyn Kennedy Civic Center. Based upon the square footage (i.e. size), maximum capacity, location, and pricing to reserve each facility, staff proposes that the best projects with which to compare a proposed project on the waterfront in La Porte are the: Hagerty Conference Center in Traverse City, Michigan, o Proposed Conference Center in Deer Park, Texas, o Kingwood Community Center in Houston, Texas, and o City Centre in Missouri City, Texas o Based upon the square footage (i.e. size), maximum capacity, location, and pricing to reserve each facility, staff proposes that the second best projects with which to compare a proposed project on the waterfront in La Porte are the: Bridge Water Events in Baytown, Texas o Waterfront Event Center in Galveston, Texas o Trolley Station Ballroom on the Strand in Galveston, Texas o Waterfront Banquet & Conference Center in Ontario, CANADA, and o Pasadena Convention Center o Staff included a map showing the parks, resorts, hotels, restaurants, and retail in the area surrounding the Hagerty Conference Center on Lake Michigan. Staff included the Rate Sheet for the Kingwood Community Center, because their rates were the highest among all the public-owned community centers surveyed in the Greater Houston Area. Action Required by Council: Provide staff with direction regarding this proposed project. Approved for City Council Agenda ___________________________________ _______________________ Corby D. Alexander, City Manager Date From: Debbie Westbeld \[mailto:dwestbeld@deerparktx.org\] Sent: Monday, July 13, 2015 3:01 PM To: Livingston, Scott Subject: Deer Park civic center Scott, Attached is the handout that was shown to City Council last month by our architect. It shows 3 different options. City Council likes Option #3 the best. That is the one I was telling you about. It's a 20,000 sf facility that would be built next to our existing Jimmy Burke Activity Center. They are trying to figure out how to pay for it. They have not voted on anything....this is all just being discussed. It's a 20,000 sf building that would cost $3.5 million. The 2 big conference rooms could be combined, forming an 11,000 sf room. With no tables or chairs, that 11,000 sf room could fit over 1,000 people (they say to figure 10 sf of "cushioned personal space" per person if they are standing around socializing). Also, here's a guide that I found, which shows the various ways a room can be set up and how many people it would hold: Hope this helps. I'll keep you posted. Debbie Debbie Westbeld Economic Development Administrator City of Deer Park 281-478-2042 (office) 281-628-5114 (cell) dwestbeld@deerparktx.org 710 E. San Augustine, Deer Park, TX 77536 Kingwood Community Center 4102 Rustic Woods Drive, 77345 (281) 348-2570 G9-060.14 Kingwood Community Center Rental Rates 4102 Rustic Woods Drive, 77345 For reservations call (281) 348-2570 Damage Deposit - is refundable and is equal to the total rental fee. Facilities Available Commercial Rate For Rent Out by 7:00 pm Out after 7:00 pm Each Additional Out by 7:00 pm Out after 7:00 pm Each Additional For 1st - 3 hours For 1st - 3 hours Hour For 1st - 3 hours For 1st - 3 hours Hour Auditorium-Full $362.95 $379.00 $90.74 $725.91 $741.96 $181.48 Clean-Up/Set-Up $156.00 Auditorium-Half $181.47 $197.52 $25.92 $362.95 $379.00 $51.85 Clean-Up/Set-Up $78.00 Commercial Kitchen $129.62 $129.62 $51.85 $259.25 $259.25 $103.70 Meeting Room 1 $42.82 $58.87 $10.70 $85.64 $101.69 $16.05 Clean-Up/Set-Up $16.00 (Up to 30 persons) Meeting Room 1 $58.87 $74.93 $16.05 $101.69 $117.75 $21.40 Clean-Up/Set-Up $16.00 (30+ persons) Meeting Room 2 $42.82 $58.87 $10.70 $85.64 $101.69 $16.05 Clean-Up/Set-Up $16.00 (Up to 30 persons) Meeting Room 2 $58.87 $74.93 $16.05 $101.69 $117.75 $21.40 Clean-Up/Set-Up $16.00 (30+ persons) Servery $25.93 $25.93 N/A $25.93 $25.93 N/A REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 27, 2015July 27, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A C. AlexanderC. AlexanderSource of Funds:Source of Funds: Requested By:Requested By: N/AN/A AdministrationAdministrationAccount Number:Account Number: Department:Department: N/AN/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/AN/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Local Government Code Local Government Code SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Section 302 of the Texas Local Government Code, entitled Section 302 of the Texas Local Government Code, entitled ““energy savings performance contractingenergy savings performance contracting” for local governments, allows municipalities to contract with vendor to make facility improvements for local governments, allows municipalities to contract with vendor to make facility improvements funded by energy savings associated with those improvements.  Under performance contracting, the funded by energy savings associated with those improvements.  Under performance contracting, the City would contract with a third party to address energy efficiency needs for the various City facilities.  City would contract with a third party to address energy efficiency needs for the various City facilities.  The third party would perform an assessment and identify a projected dollar value associated with those The third party would perform an assessment and identify a projected dollar value associated with those efficiency improvements.  The identified saving would then be used to pay for improvements.  The third efficiency improvements.  The identified saving would then be used to pay for improvements.  The third party would be under contract to guarantee those savings.party would be under contract to guarantee those savings. This item is placed on the agenda for Council direction and feedback.  Should Council have any interest This item is placed on the agenda for Council direction and feedback.  Should Council have any interest in further exploring the City options/opportunities related to energy saving performance contracting, staff in further exploring the City options/opportunities related to energy saving performance contracting, staff will move forward with requesting qualifications for vendor specializing in performance contracting.  We will move forward with requesting qualifications for vendor specializing in performance contracting.  We will move forward with requesting qualifications for vendor specializing in performance contracting.  We will move forward with requesting qualifications for vendor specializing in performance contracting.  We could then select a vendor to help make the determination whether or not actually executing a could then select a vendor to help make the determination whether or not actually executing a performance contract would be advantageous to City of La Porte.performance contract would be advantageous to City of La Porte. Action Required of Council:Action Required of Council: Provide direction/feedback on whether we should pursue the energy savings performance contracting Provide direction/feedback on whether we should pursue the energy savings performance contracting options/opportunities.options/opportunities. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 1of 9 LOCAL GOVERNMENT CODE TITLE 9. PUBLIC BUILDINGS AND GROUNDS SUBTITLE C. PUBLIC BUILDING PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT CHAPTER 302. ENERGY SAVINGS PERFORMANCE CONTRACTS FOR LOCAL GOVERNMENTS This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 1184, 84th Legislature, Regular Session, for amendments affecting this section. Sec. 302.001. DEFINITIONS. In this chapter: (1) "Baseline" means a calculation or set of calculations in an energy savings performance contract that may be based on historical costs, revenues, accuracy, or related components and used for determining: (A) the costs for energy or water usage by a local government and related net operating costs; (B) the billable revenues from providing energy, water, or other utilities to users; or (C) the efficiency or accuracy of metering or related equipment, systems, or processes or procedures. (2) "Energy or water conservation or usage measures" means: (A) the installation or implementation of any of the items, equipment, modifications, alterations, improvements, systems, and other measures described by Subdivision (4) that are intended to provide: (i) estimated energy savings; (ii) an estimated increase in billable revenues; or (iii) an estimated increase in meter accuracy; or (B) the training for, or services related to, the operation of the items, equipment, modifications, alterations, improvements, systems, or other measures described by Paragraph (A). http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 2of 9 (3) "Energy savings" means an estimated reduction in net fuel costs, energy costs, water costs, stormwater fees, other utility costs, or related net operating costs from or as compared to an established baseline of those costs. The term does not include an estimated reduction due to a decrease in energy rates that is not derived from increased conservation or reduced usage. (4) "Energy savings performance contract" means a contract between a local government and a provider for energy or water conservation or usage measures in which the estimated energy savings, increase in billable revenues, or increase in meter accuracy resulting from the measures is subject to guarantee to offset the cost of the energy or water conservation or usage measures over a specified period. The term includes a contract for the installation or implementation of the following in new or existing facilities, including all causally connected work: (A) insulation of a building structure and systems within the building; (B) storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat- reflective glazed and coated window or door systems, or other window or door system modifications that reduce energy consumption; (C) automatic energy control systems, including computer software and technical data licenses; (D) heating, ventilating, or air-conditioning system modifications or replacements that reduce energy or water consumption; (E) lighting fixtures that increase energy efficiency; (F) energy recovery systems; (G) electric systems improvements; (H) water-conserving fixtures, appliances, and equipment or the substitution of non-water-using fixtures, appliances, and equipment; (I) water-conserving landscape irrigation equipment; (J) landscaping measures that reduce watering demands and capture and hold applied water and rainfall, including: (i) landscape contouring, including the use of berms, swales, and terraces; and http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 3of 9 (ii) the use of soil amendments that increase the water-holding capacity of the soil, including compost; (K) rainwater harvesting equipment and equipment to make use of water collected as part of a storm-water system installed for water quality control; (L) equipment for recycling or reuse of water originating on the premises or from other sources, including treated municipal effluent; (M) equipment needed to capture water from nonconventional, alternate sources, including air-conditioning condensate or graywater, for nonpotable uses; (N) metering or related equipment or systems that improve the accuracy of billable-revenue-generation systems; or (O) other energy or water conservation-related improvements or equipment, including improvements or equipment relating to renewable energy or nonconventional water sources or water reuse. (5) "Guarantee" means a written guarantee of a provider that the energy savings, increase in billable revenues, or increase in meter accuracy from the energy or water conservation or usage measures will at least equal the cost of the energy or water conservation or usage measures, all causally connected work, and ancillary improvements provided for in an energy savings performance contract. (6) "Increase in billable revenues" means an estimated increase in billable revenues as compared to an established baseline of billable revenues. (7) "Increase in meter accuracy" means an estimated increase in efficiency or accuracy of metering or related equipment, systems, or processes or procedures that is calculated or determined by using applicable industry engineering standards. (8) "Local government" means a county, municipality, or other political subdivision of this state. The term does not include a school district authorized to enter into an energy savings performance contract under Section 44.901, Education Code. (9) "Meter guarantee" means a guarantee of a stipulated or agreed upon increase in billable revenues to result from the estimated increase in meter accuracy, based on stipulated or agreed http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 4of 9 upon components of a billable revenue calculation in an energy savings performance contract. (10) "Provider" means an entity in the business of designing, implementing, and installing of energy or water conservation or usage measures or an affiliate of such an entity. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 78, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 4, eff. June 16, 2007. Acts 2011, 82nd Leg., R.S., Ch. 982 (H.B. 1728), Sec. 5, eff. September 1, 2011. Sec. 302.002. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) The governing body of a local government may enter into an energy savings performance contract in accordance with this chapter. (b) Each energy or water conservation or usage measure must comply with current local, state, and federal construction, plumbing, and environmental codes and regulations. Notwithstanding Section 302.001, an energy savings performance contract may not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1319, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 79, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 5, eff. June 16, 2007. Sec. 302.003. PAYMENT AND PERFORMANCE BOND. Notwithstanding any other law, before entering into an energy savings performance http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 5of 9 contract, the governing body of the local government shall require the provider of the energy or water conservation or usage measures to file with the governing body a payment and performance bond relating to the installation of the measures in accordance with Chapter 2253, Government Code. The governing body may also require a separate bond to cover the value of the guarantee. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1319, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 80, 121(23), eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 6, eff. June 16, 2007. Sec. 302.004. METHOD OF FINANCING; TERMS OF CONTRACT. (a) An energy savings performance contract may be financed: (1) under a lease-purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing; (2) with the proceeds of bonds; or (3) under a contract with the provider of the energy or water conservation or usage measures that has a term not to exceed the lesser of 20 years from the final date of installation or the average useful life of the energy or water conservation or usage measures. (a-1) Notwithstanding other law, the governing body of a local government may use any available money, other than money borrowed from this state, to pay the provider of the energy or water conservation measures under this section, and the governing body is not required to pay for such costs solely out of the savings realized by the local government under an energy savings performance contract. The governing body may contract with the provider to perform work that is related to, connected with, or otherwise ancillary to the measures identified in the scope of an energy savings performance contract. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 6of 9 (b) An energy savings performance contract shall contain provisions requiring the provider of the energy or water conservation or usage measures to provide a guarantee. If the term of the contract exceeds one year, the local government's contractual obligations in any one year during the term of the contract beginning after the final date of installation may not exceed the total energy and water savings, the net operating cost savings, and the stipulated or agreed upon increase in billable revenues resulting from the estimated increase in meter accuracy, divided by the number of years in the contract term. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 1999, 76th Leg., ch. 361, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1319, Sec. 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 81, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 7, eff. June 16, 2007. Acts 2011, 82nd Leg., R.S., Ch. 982 (H.B. 1728), Sec. 6, eff. September 1, 2011. Sec. 302.005. BIDDING PROCEDURES; AWARD OF CONTRACT. (a) An energy savings performance contract under this chapter may be let in accordance with the procedures established for procuring certain professional services by Section 2254.004, Government Code. Notice of the request for qualifications shall be published in the manner provided for competitive bidding. (b) Before entering into an energy savings performance contract, the governing body must require that the energy savings, increase in billable revenues, or increase in meter accuracy estimated or projected by a provider be reviewed by a licensed professional engineer who: (1) has a minimum of three years of experience in energy calculation and review; (2) is not an officer or employee of a provider for the contract under review; and (3) is not otherwise associated with the contract. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 7of 9 (c) In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract. Sections 1001.053 and 1001.407, Occupations Code, apply to work performed under the contract. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 12, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1319, Sec. 7; Acts 2003, 78th Leg., ch. 1276, Sec. 12.005, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, Sec. 82, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 8, eff. June 16, 2007. Sec. 302.006. METER GUARANTEES. (a) This section applies to any energy savings performance contract that: (1) provides for any metering or related equipment, system, or process or procedure; and (2) includes a meter guarantee by the provider, regardless of whether the meter guarantee is a part of a broader guarantee applicable to other energy or water conservation or usage measures or causally connected work. (b) Not later than the fifth anniversary of the effective date of an energy savings performance contract, an engineer shall test a statistically relevant sample of the meters installed or implemented under the contract to determine or calculate the actual average accuracy and shall compare the actual average accuracy to the baseline average accuracy of those tested meters. (c) A meter guarantee applies if the engineer reports to the local government and the provider that the average accuracy of the tested meters as of the testing date is less than the baseline average accuracy of the tested meters as of the testing date. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 8of 9 (d) The amount payable under the meter guarantee must be determined for each year subject to the engineer's report and is equal to the difference between: (1) the agreed increase in billable revenues based on the estimated accuracy of all of the meters for each year, according to the energy savings performance contract; and (2) the revenues for the same year that would result from applying the engineer's reported actual average accuracy of the tested meters to all of the meters subject to the energy savings performance contract, using the same contract components that were used to calculate the agreed increase in billable revenues for that year, assuming the annual decrease in actual average accuracy of all the meters was a pro rata percentage of the reported total decrease in actual average accuracy. (e) Notwithstanding Subsection (d), if the meter guarantee in the contract is part of a broader guarantee applicable to other energy or water conservation or usage measures or causally connected work under the contract, the amount payable under the meter guarantee for any year during the measurement period is reduced or offset by the difference between: (1) the sum of the energy savings and the increase in billable revenues resulting from the other energy or water conservation or usage measures or causally connected work for that year during the measurement period; and (2) the guaranteed amount of the energy savings and the increase in billable revenues from the other energy or water conservation or usage measures or causally connected work for that year during the measurement period. (f) A test conducted under this section must be performed in accordance with the procedures established by the International Performance Measurement and Verification Protocol or succeeding standards of the United States Department of Energy. (g) An engineer conducting a test under this section shall: (1) verify that the tested meters have been properly maintained and are operating properly; and (2) comply with Section 302.005(c). http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 LOCAL GOVERNMENT CODE CHAPTER 302. ENERGY SAVINGS PERFORMAN...Page 9of 9 Added by Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 9, eff. June 16, 2007. Sec. 302.007. EXEMPTION FROM OTHER CONTRACTING LAW. Chapter 2269, Government Code, does not apply to this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 3.04, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (25), eff. September 1, 2013. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.302.ht720201 m//5 Council Agenda Item Council Agenda Item July 27, 2015 July 27, 2015 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Budget Workshop Meeting, Monday, August 10, 2015Budget Workshop Meeting, Monday, August 10, 2015 • City Council Meeting, Monday, August 24, 2015City Council Meeting, Monday, August 24, 2015 • Planning and Zoning Commission Meeting, Thursday, August 20, 2015Planning and Zoning Commission Meeting, Thursday, August 20, 2015 • Zoning Board of Adjustment Meeting, Thursday, August 27, 2015Zoning Board of Adjustment Meeting, Thursday, August 27, 2015 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 10.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   Martin, Kaminski, Zemanek, Leonard, Engelken, Earp,   Councilmembers   Martin, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, and Mayor RigbyClausen, and Mayor Rigby   11.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 27, 2015, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the July 27, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on July 21, 2015.bulletin board on July 21, 2015.   ****************************************************************** ******************************************************************