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HomeMy WebLinkAbout02-08-16 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKKRISTIN MARTIN 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 February 8, 2016, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held February 8, 2016, 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 Thomas Park, Fairmont Park Church.The invocation will be given by Thomas Park, Fairmont Park Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Earp.The Pledge of Allegiance will be led by Councilmember Earp. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Recognition Recognition -- Retirement of Sgt. Steven Ermel Retirement of Sgt. Steven Ermel -- (City of La Porte Police Department) (City of La Porte Police Department) - Mayor (a) RigbyRigby Recognition Recognition Recognition Recognition ---- Retirement of Lt. Gary Rice Retirement of Lt. Gary Rice Retirement of Lt. Gary Rice Retirement of Lt. Gary Rice ---- (City of La Porte Police Department) (City of La Porte Police Department) (City of La Porte Police Department) (City of La Porte Police Department) -- Mayor Mayor (b)(b) RigbyRigby (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) January 25, 2016 January 25, 2016 -- P. Fogarty P. Fogarty Consider approval or other action awarding Bid No. 16006 for Tractors and Mowers Consider approval or other action awarding Bid No. 16006 for Tractors and Mowers - D. (b) PennellPennell Consider approval or other action regarding an Ordinance vacating, abandoning and closing Consider approval or other action regarding an Ordinance vacating, abandoning and closing (c) the West "N" Street Rightthe West "N" Street Right--OfOf--Way and repealing Ordinance No. 2006Way and repealing Ordinance No. 2006--2890 2890 -- T. Tietjens T. Tietjens Consider approval or other action regarding a Resolution adopting Civil Rights Policies and Consider approval or other action regarding a Resolution adopting Civil Rights Policies and (d) forms for the Historic Colored School forms for the Historic Colored School -- T. Tietjens T. Tietjens Consider approval or other action regarding an Ordinance amending the City of La Porte Consider approval or other action regarding an Ordinance amending the City of La Porte (e) Fiscal Year 2015Fiscal Year 2015--2016 Budget 2016 Budget -- M. Dolby M. Dolby 7.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION Discussion and possible action regarding an Ordinance amending Chapter 70 "Traffic and Discussion and possible action regarding an Ordinance amending Chapter 70 "Traffic and (a) Vehicles" of the City Code of Ordinances, to change speed limit change on S. Broadway from Vehicles" of the City Code of Ordinances, to change speed limit change on S. Broadway from N. Forrest Avenue to Wharton Weems and on Wharton Weems to SH 146 N. Forrest Avenue to Wharton Weems and on Wharton Weems to SH 146 -- T. Leach T. Leach 8.REPORTSREPORTS Receive report of the La Porte Development Corporation Board Receive report of the La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, February 18, 2016Planning and Zoning Commission Meeting, Thursday, February 18, 2016 • City Council Meeting, Monday, February 22, 2016City Council Meeting, Monday, February 22, 2016 • Zoning Board of Adjustment Meeting, Thursday, February 25, 2016Zoning Board of Adjustment Meeting, Thursday, February 25, 2016 • 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 Earp, Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Councilmembers Earp, Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken and Mayor RigbyLeonard, Engelken 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 February 8, 2016, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the February 8, 2016, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on February 2, 2016.Hall bulletin board on February 2, 2016. Council Agenda Item Council Agenda Item February 8, 2016 February 8, 2016 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Thomas Park, Fairmont Park Church.The invocation will be given by Thomas Park, Fairmont Park Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Earp.The Pledge of Allegiance will be led by Councilmember Earp. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Recognition Recognition -- Retirement of Sgt. Steven Ermel Retirement of Sgt. Steven Ermel -- (City of La Porte Police Department) (City of La Porte Police Department) - Mayor (a) RigbyRigby Recognition Recognition -- Retirement of Lt. Gary Rice Retirement of Lt. Gary Rice -- (City of La Porte Police Department) (City of La Porte Police Department) - Mayor (b) RigbyRigby (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Sgt. Steve Ermel Steve Ermel began his career with the La Porte Police Department in 1993. Initially assigned to the Patrol Division, he attained the additional roles of Field Training Officer, S.W.A.T. team member, and Bicycle Patrol Officer. During his time as patrolman, Ermel received various In 1998, Steve was assigned to the Criminal Investigations Division, where his primary duties included the investigation of Delinquent Juvenile Activities and a broad range of other investigate duties until his promotion to Sergeant in 2000. Upon promoting, Sergeant Ermel was initially assigned to the Patrol Division where he began his supervisory career as a Relief Shift Patrol Sergeant. In addition to his primary patrol duties, Taser Coordinator. Sergeant Ermel assisted in the development of Fitness program and was instrumental in preparing and presenting the inception of the Fitness Program to the La Porte Civil Service Commission for approval. In 2008, Sergeant Ermel was ap Division. As the Street Crimes Sergeant, he supervised a select group of detectives who addressed the areas of Code Enforcement, Narcotic-related activities, Gang-related activities, Burglary-related activities, Asset Forfeiture/Seizure procedures, and various other covert Operations. In 2014, Sergeant Ermel returned to the Patrol Division for his final tour-of-duty as a shift supervisor, while also re-assuming his role as Field Training Supervisor. Due to the development, implementation, and maintenance of the Physical Fitness Program, Sergeant Ermel acquired a vast amount of Law Enforcement training experience in his career including certifications by the Texas Commission on Law Enforcement (T.C.O.L.E.) as a Police Firearms Instructor, Law Enforcement Academic Instructor, and Master Peace Officer. Ermel will now enter the private business sector, while simultaneously completing a degree in Business Administration. Lt Gary Rice Gary Rice began his law enforcement career as a dispatcher for the City of Webster in 1969. A year later he attended police academy class number 1 at the Regional Law Enforcement Training Center in Texas City. Upon graduating from the academy, he was immediately assigned to patrol duties with the City of Webster. Gary remained with the City of Webster until 1973 when he accepted an offer to come to work for the La Porte Police Department. As a new officer with La Porte, Gary was afforded an opportunity in 1974 to implement and charter the existing La Porte Police Officers Association. As founding father, charter member and past president of the association, he remains an active member of the association to this day. Garyworked general Patrol Duties in La Porte until he was promoted to the rank of sergeant in 1979. As a sergeant, his duties varied from Patrol to Communications. Gary also worked as a Detective and a sergeant assigned to the Harris County Organized Crime and Narcotics Task Force for a number of years. He served as both rvisor as well as a K-9 handler until he was promoted to the rank of Lieutenant in 1999. During the more than 15 years he has been a Lieutenant, Gary has served as a patrol commander for all-three s patrol shifts and the Criminal Investigation Section. He finished his career as commander of day shift patrol, which also oversees DOT, traffic, jail operations and the department. Lt. Rice holds TCOLE certificates in telecommunications, firearms instructor, and is a master police officer. He also earned a Certificate of Technology in Law Enforcement from San Jacinto College. Lt Rice already has plans in place for extensive travel, with hobbies including sport shooting and motorcycle riding. He remains affiliated with the Texas State Rifle Association, National Rifle Association, Blue Knights Law Enforcement Motorcycle Club, and Texas Masons. Lt. Rice will also continue to donate his time to fund raising events - - benefiting our wounded soldiers recovering from their injuries at Brooke Army Medical Center in San - providing a weekend of fishing and fun for our wounded warriors from numerous military hospitals around the country. Council Agenda Item Council Agenda Item February 8, 2016 February 8, 2016 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) January 25, 2016 January 25, 2016 -- P. Fogarty P. Fogarty Consider approval or other action awarding Bid No. 16006 for Tractors and Mowers Consider approval or other action awarding Bid No. 16006 for Tractors and Mowers - D. (b) PennellPennell Consider approval or other action regarding an Ordinance vacating, abandoning and closing Consider approval or other action regarding an Ordinance vacating, abandoning and closing (c) the West "N" Street Rightthe West "N" Street Right--OfOf--Way and repealing Ordinance No. 2006Way and repealing Ordinance No. 2006--2890 2890 -- T. Tietjens T. Tietjens Consider approval or other action regarding a Resolution adopting Civil Rights Policies and Consider approval or other action regarding a Resolution adopting Civil Rights Policies and Consider approval or other action regarding a Resolution adopting Civil Rights Policies and Consider approval or other action regarding a Resolution adopting Civil Rights Policies and (d)(d) forms for the Historic Colored School forms for the Historic Colored School -- T. Tietjens T. Tietjens Consider approval or other action regarding an Ordinance amending the City of La Porte Consider approval or other action regarding an Ordinance amending the City of La Porte (e) Fiscal Year 2015Fiscal Year 2015--2016 Budget 2016 Budget -- M. Dolby M. Dolby ****************************************************************** ****************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem DANNY EARP Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JANUARY 25, 2016 Monday January 25, 2016, The City Council of the City of La Porte met in a regular meeting on at the City 6:00 p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Engelken, Earp, Zemanek, Kaminski, K. Martin, J. Martin and Leonard. Absent: Councilmember Clausen. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION – The invocation was given by Clark Askins. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition – Retirement of Burnett “Burnie” Willis (City of La Porte Finance Department) – Mayor Rigby. Mayor Rigby recognized Burnett “Burnie” Willis for 30 years of services with the City of La Porte. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, addressed Council in favor ofItem 8(b), adopting a policy regulating carrying of handguns by handgun license holders at government meetings in the City. Claus Nielsen, 3101 S. Broadway St., addressed Council requesting options to purchase the Windsail Apartments instead of demolishing them in order for him to make renovations and continue an improved tax base for the City. Bill Scott, 1722 Lomax School Rd., addressed Council with concerns regarding notices to abate he received from Code Enforcement. Mr. Scott presented photos of property he commented is in worse condition than his property. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the City Council Meeting held on January 11, 2016 – P. Fogarty (b) Consider approval or other action regarding a professional services agreement with HDR Engineering, Inc., for on-going GIS technical services – B. Sterling 16 Page of January 25, 2016, Council Meeting Minutes (c) Consider approval or other action authorizing expenditure by the La Porte Development Corporation for an enhancement grant in an amount not to exceed $42,057.86, payable to Brotamonte Asset 1, LLC., for infrastructure improvements to apartment building complex located at 315 N. 2 Street – S. Livingston nd (d) Consider approval or other action expenditure by the La Porte Development Corporation for an incentive grant in an amount not to exceed $152,889.82, payable to Fischer’s Hardware for infrastructure improvements to property located at 1010 S. Broadway Street – S. Livingston (e) Consider approval or other action regarding a Resolution requesting financial assistance from the Texas Water Development Board – D. Pennell (f) Consider approval or other action regarding a Resolution designating the City of La Porte as the management agency for wastewater collection and treatment – D. Pennell (g) Consider approval or other action regarding purchase of Neptune meters from HD Supply- Houston – M. Dolby (h) Consider approval or other action regarding a Resolution adopting an Anti-NIMBYism (Not in my Backyard) Action Plan for the City of La Porte – T. Tietjens (i) Consider approval or other action regarding an Ordinance amending Chapter 50 “Parks and Recreation,” of the Code of Ordinances of the City of La Porte by adding rules for renters and open riding users utilizing the Livestock and Rodeo Arena – R. Epting Regarding Item C, Councilmember Zemanek questioned how long the enhancement grant has been in discussion. Economic Development Coordinator Scott Livingston responded at least 2-3 months without looking at the actual application to be certain. City Manager Corby Alexander advised November 19, 2015. Councilmember Zemanek commented it will be hypocritical of City Council to support the enhancement grant while moving forward with condemnation of property in another part of town. Regarding Item D, Councilmember K. Martin questioned when did the City begin giving incentive grants for the interior structure of businesses. Economic Development Coordinator Scott Livingston responded it is not an enhancement grant, it is an expansion of a business; and the City looks at the total capital expenditure that includes the interior. Regarding Item D, Councilmember Engelken requested the item be voted on separately. Ordinance 2015-3620: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AMENDING CHAPTER 50 “PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING RULES FOR RENTERS AND OPEN RIDING USERS UTILIZING THE LIVESTOCK AND RODEO ARENA; 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 FINDED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND PROVIDING AN EFFECTIVE DATE. Councilmember Engelken moved to approve Consent Agenda items A; B; E; F; G; H and I pursuant MOTION PASSED to staff recommendations. Councilmember Leonard seconded. UNANIMOUSLY 8/0. Councilmember Clausen was absent. 26 Page of January 25, 2016, Council Meeting Minutes Councilmember Engelken moved to approve Consent Agenda item C pursuant to staff MOTION FAILED. recommendations. Councilmember K. Martin seconded. Ayes: Mayor Rigby, Councilmembers K. Martin and Engelken Nays: Councilmembers Earp, Leonard, Zemanek, Kaminski and J. Martin Absent: Councilmember Clausen Councilmember Zemanek moved to authorize expenditure by the La Porte Development Corporation for an incentive grant in an amount not to exceed $120,000.00, with an estimated 10- year payback period of multiple payments over time based on conditions per the development agreement, to Fischer’s Hardware, Inc., for infrastructure improvements to property located at 1010 MOTION PASSED. S. Broadway Street. Councilmember Leonard seconded. Ayes: Councilmembers K Martin, J. Martin, Kaminski, Zemanek and Leonard Nays: Mayor Rigby, Councilmembers Earp and Engelken Absent: Councilmember Clausen 7. AUTHORIZATIONS (a) Consider approval or other action regarding a Resolution adopting proposed amendments made by the La Porte Development Corporation Board of Directors to the by-laws of the La Porte Development Corporation – S. Livingston Economic Development Coordinator Scott Livingston presented a summary. Mayor Rigby moved to approve a Resolution adopting amendments to the by-laws of the MOTION FAILED. La Porte Development Corporation. Councilmember J. Martin seconded. Ayes: Mayor Rigby and Councilmember J. Martin, Nays: Councilmembers Earp, K. Martin, Zemanek, Kaminski, Leonard and Engelken Absent: Councilmember Clausen (b) Consider approval or other action regarding an Ordinance authorizing and ordering the issuance, sale and delivery of City of La Porte, Texas, general obligation refunding bonds, series 2016 – M. Dolby Finance Director Michael Dolby presented a summary and informed Council the City has an opportunity for refunding bonds. Robert Henderson, Financial Advisor, spoke and presented a summary. Councilmember Earp questioned if the new savings is for the City after all costs of transactions. Mr. Henderson responded yes. Councilmember Earp moved to approve an Ordinance authorizing and ordering the issuance, sale and delivery of the City of La Porte, Texas general obligation refunding bonds, series 2016. MOTION PASSED UNANIMOUSLY. Councilmember Councilmember Leonard seconded. Clausen was absent. Ordinance 2015-3621: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE, SALE AND DELIVERY OF CITY OF LA PORTE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016; DELEGATING TO AUTHORIZED REPRESENTATIVES THE AUTHORITY TO APPROVE THE AMOUNT, INTEREST RATES, PRICE AND TERMS THEREOF AND CERTIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AUTHORIZING THE 36 Page of January 25, 2016, Council Meeting Minutes REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; AND MAKING OTHER PROVISIONS REGARDING THE BONDS AND MATTER INCIDENT THERETO. Consider approval or other action regarding RFP No. 16503 for Lifeguard services at City (c) pools/recreation facilities – R. Epting Parks and Recreation Director Rosalyn Epting presented a summary . Councilmember Earp moved to approve a contract with Pool Management Inc., and increase the budget by $55,750.00 for Lifeguard services at City pools/recreation facilities. Councilmember MOTION PASSED UNANIMOUSLY. Councilmember Clausen was absent. Kaminski seconded. 8. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding designs for Main Street and Fairmont elevated water tanks – T. Leach Assistant City Manager Traci Leach presented a summary. Councilmember Zemanek moved to approve funding for design Option No. 2, the “orange” one, MOTION La Porte Life by the Bay for both water towers. Councilmember Leonard seconded. PASSED UNANIMOUSLY. Councilmember Clausen was absent. (b) Discussion and possible action regarding adoption of policy regulating carrying of handguns by handgun license holders at government meetings in city – C. Alexander City Manager Corby Alexander presented a summary. Councilmember Leonard commented people should be able carry weapons if it is legal in the state. MOTION Councilmember Leonard moved that both open and concealed carry not be prohibited. FAILED FOR LACK OF A SECOND. Councilmember Earp moved to allow concealed carry but not open carry in any meeting where the MOTION PASSED. Open Meeting Act applies. Councilmember Engelken seconded. Ayes: Mayor Rigby and Councilmembers K. Martin, Earp, Engelken, Leonard, Kaminski and Zemanek Nays: Councilmember J. Martin Absent: Councilmember Clausen Councilmember Earp moved to exclude any weapons at all City of La Porte Election Polling MOTION PASSED Locations where voting is taking place. Councilmember Leonard seconded. UNANIMOUSLY. Councilmember Clausen was absent. 9. ADMINISTRATIVE REPORTS City Manager Corby Alexander reminded City Council of the Retirement Party for Lieutenant Gary Rice and Sergeant Steven Ermel from the City of La Porte Police Department. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmembers Engelken, Earp and Kaminski congratulated Burnie Willis; Bonnie Garrison; Gary Rice and Steven Ermel on their retirement from the City and thanked the Finance Department for the refunding of bonds; Councilmember Martin commented he appreciates the improvements at Delta Courts made by Mr. Nielsen, and the City has made a commitment to the community and encouraged Council to move forward with the condemnation plan at Windsail Apartments; 46 Page of January 25, 2016, Council Meeting Minutes Councilmember K. Martin congratulated Burnie Willis; Bonnie Garrison; Gary Rice and Steven Ermel on their retirements from the City and thanked them for their service; Councilmember Zemanek congratulated Burnie Willis; Bonnie Garrison; Gary Rice and Steven Ermel on their retirement from the City; agreed with Councilmember J. Martin to move forward with condemnation and commented how proud he was to attend the Martin Luther King, Jr., Celebration where Tommy Moser was also well honored; Councilmember Leonard congratulated Burnie Willis; Bonnie Garrison; Gary Rice and Steven Ermel on their retirement from the City; welcomed Councilmember Earp back and thanked everyone for their phone calls and well wishes during his recovery from surgery and Mayor Rigby congratulated Burnie Willis; Bonnie Garrison; Gary Rice and Steven Ermel on their retirement from the City and commented how nice it was for the La Porte Civic Club to honor Tommy Moser during the Martin Luther King Jr., Celebration. 11. 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 551.072 – For the purpose of deliberating the purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss a Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan’s Point regarding a 4.42 acre tract of land currently. Texas Government Code, Section 551.071 (2) – Consultation with City Attorney: Meet with City Attorney to discuss Join Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan’s Point regarding a 4.42 acre tract of land currently within the City of La Porte’s corporate boundary and proposed to be annexed within the City of Morgan’s Point corporate boundary. City Council recessed the regular Council meeting to convene an executive session at 7:26 p.m. regarding the items listed above. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 7:43 p.m. Regarding Texas Government Code, Section 551.072 – For the purpose of deliberating the purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss a Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan’s Point regarding a 4.42 acre tract of land currently. Councilmember Leonard moved to decline any exchange of property with the City of Morgan’s MOTION PASSED. Point. Councilmember Earp seconded. Ayes: Councilmembers K. Martin, Earp, Engelken, Leonard, Kaminski and Zemanek Nays: Mayor Rigby and Councilmember J. Martin Absent: Councilmember Clausen Regarding Texas Government Code, Section 551.071 (2) – Consultation with City Attorney: Meet with City Attorney to discuss Join Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Agreement with the City of Morgan’s Point regarding a 4.42 acre tract of land currently within the City of La Porte’s corporate boundary and proposed to be annexed within the City of Morgan’s Point corporate boundary. No action was taken. 56 Page of January 25, 2016, Council Meeting Minutes 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn MOTION PASSED the meeting at 7:45 p.m. Councilmember Zemanek seconded. UNANIMOUSLY. Councilmember Clausen was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on February 8, 2016. ________________________________ Mayor Louis R. Rigby 66 Page of January 25, 2016, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: February 8, 2016 Source of Funds: Motor Pool Requested By: Don Pennell 009-8080-552-8050 009-7077-533-8050 Department: Public Works Account Number: 009-7071-531-8050 009-6049-551-8050 Report: X Resolution: Ordinance: $ 38,997.00 Exhibits: Summary of Vehicle Replacement Amount Budgeted: $ 36,816.00 $ 31,760.00 Exhibits: Bid Tabulation $ 13,095.00 Amount Requested $ 36,357.00 Exhibits $ 37,602.00 $ 37,123.00 $ 10,965.00 Budgeted Item: YES SUMMARY & RECOMMENDATION The FY 2016 budget includes funding for the replacement of three (3) Tractors 80-40, 71-76, 77- 55 and one (1) zero turn mower 49-09. Two Divisions requested that the tractors 80-40 and 77-55 be upgraded to cab with A/C. 71-76 is being upgraded to a larger tractor for routine right-of-way mowing and to serve as back up to the larger tractors in the fleet. Sealed Bid #16006 was opened and read on Tuesday, January 12, 2:00 p.m. The bid was advertised in the Bay Area Observer and posted to PublicPurchase.com. Twenty three vendors were notified of the bid and eleven downloaded the documents. Four vendors responded with bids Successful bid with trade-in allowance where possible is Lansdowne Moody for the tractors and Wowco for the zero turn mower as follows: BUDGET ITEMBUDGETEDBIDUSER #1 Utility Tractor 80-40 38,997.00 36,357.00 Parks 1 #2 Utility Tractor 77-55 36,816.00 37,602.00Airport #3 Utility Tractor 71-76 31,760.00 37,123.00 Street 2 #4 Zero Turn Mower 49-09 13,095.00 10,965.00Golf TOTAL 120,668.00 122,047.00 1 with $4,000 trade-in allowance deducted. 2 with optional $1,750 trade-in allowance All units were included in the 2015-16 budget that was approved by the Council in September 2015. The budget shortfall for 77-55 is made up from unit 77-61 Bushhog purchase $3,407.00 under budget. The budget shortfall for 71-76 is made up from 71-36 Tractor and slope mower purchase $36,033.84 under budget. Action Required by Council: Consider approval or other action to award Bid No. 16006 to Lansdowne Moody for the purchase of three (3) tractors in the amount of $111,082.00 including the trade-in allowance. Consider approval or other action to award Bid No. 16006 to Wowco for the purchase of one (1) zero turn mower in the amount of $10,965.00 including the trade-in allowance. Approved for City Council Agenda Corby D. Alexander, City Manager Date 466445001440677159691500800013733515969-9500 υЊЍЌͲБЉЍ͵ЉЉ Extended Price .ƩƚƚƉƭźķĻ 9ƨǒźƦƒĻƓƷ 46644500144067715969 Unit Price J Deere 5085; J Deere 5085E Make/Model H240 Loader J Deer 5100EJ Deer 2997R Tractors Mower 337504484538650127151750500011724512715-6750 υЊЋЌͲЋЊЉ͵ЉЉ Extended ‘h‘/h 9ƨǒźƦƒĻƓƷ /ƚƒƦğƓǤ Price 33750448453865012715 .źķ ğĬǒƌğƷźƚƓ Ʒƚ {ĻğƌĻķ .źķ ϔЊЏЉЉЏ ƩğĭƷƚƩƭ ğƓķ aƚǞĻƩƭ Unit Price Kubota M7060HDKubota M5-091 Bid Tabulations are not final and may not be indication of final award Make/Model Kubota M5- ZD326P-60 Tractors Mower 091HF HFC 36357416023712311815400011508211815-4000 υЊЋЋͲБВА͵ЉЉ Extended Price NA \[ğƓƭķƚǞƓĻ aƚƚķǤ Unit Price 36357416023712311815 Kubota M5-091Kubota M5-091 Kubota M7060 Make/Model 2D326P-60 Tractors Mower -300 υЊЌͲЏВВ͵ЉЉ 13999300013999 Extended \[ĻğŭǒĻ /źƷǤ hǒƷķƚƚƩ tƚǞĻƩ Price NA 9ƨǒźƦƒĻƓƷ 13999 Unit Price Exmark LZD S Make/Model 902K605 Tractors Mower NO BIDNO BIDNO BID QTY 111111 Optional trade-in allowance for 2003 Option trade-in allowance for 2010 Zero turning radius riding mower Utility Tractor - Diesel PoweredUtility Tractor - Diesel PoweredUtility Tractor - Diesel Powered "ZD326P0-60" diesel powered Kubota 323 zero turn mower TL90 New Holland Tractor Total after allowance Proposed Allowance Description Sub TotalSub Total Item 123456 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 8, 2016February 8, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Tim TietjensTim Tietjens Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance No. 2006 Ordinance No. 2006--28902890 2. Revised Ordinance Revised Ordinance 3. Revised Deed Revised Deed 4. Area Map Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At its June 12, 2006 meeting, City Council passed and approved Ordinance No. 2006At its June 12, 2006 meeting, City Council passed and approved Ordinance No. 2006--2890, which 2890, which vacated, abandoned, and closed the West vacated, abandoned, and closed the West ““NN””Street RightStreet Right--ofof--Way as shown on the attached exhibit.  Way as shown on the attached exhibit.  The description of the rightThe description of the right--ofof--way originally provided in this ordinance was not in a metes & bounds way originally provided in this ordinance was not in a metes & bounds format, thereby creating conflicts with a deed to the rightformat, thereby creating conflicts with a deed to the right--ofof--way provided to the owner in 2012. way provided to the owner in 2012.  The owner has requested the City issue a revised ordinance and deed with matching metes & bounds The owner has requested the City issue a revised ordinance and deed with matching metes & bounds descriptions of the subject rightdescriptions of the subject right--ofof--way in order to facilitate clear title to the West way in order to facilitate clear title to the West ““NN””Street RightStreet Right--ofof- Way from the ownerWay from the owner’’s title company.s title company. Action Required of Council:Action Required of Council: Consider approval or other action repealing original Ordinance No. 2006Consider approval or other action repealing original Ordinance No. 2006--2890 as passed by Council on 2890 as passed by Council on June 12, 2006; andJune 12, 2006; and  Consider approval or other action of an ordinance containing a metes and bounds description of the  Consider approval or other action of an ordinance containing a metes and bounds description of the previously-abandoned West abandoned West ““NN””Street RightStreet Right--ofof--Way and a corresponding deed issued to the adjacent Way and a corresponding deed issued to the adjacent owner for the subject rightowner for the subject right--ofof--way.way. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AREA MAP 1143 11411142 W M ST WEST "N" STREET 11761175 RIGHT-OF-WAY 1177 1178 Res. K Res. C 1 inch = 200 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 8, 2016February 8, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Tim TietjensTim Tietjens Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Civil Rights Resolution Civil Rights Resolution 2. Compliance Documents Compliance Documents SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In order to be eligible for the federal Community Development Block Grant (CDBG) funding being utilized In order to be eligible for the federal Community Development Block Grant (CDBG) funding being utilized for the Historic Colored School project as recently approved By Harris County Community Services for the Historic Colored School project as recently approved By Harris County Community Services Department, a series of required administrative forms/documents need to be approved by resolution. If Department, a series of required administrative forms/documents need to be approved by resolution. If the documents look familiar to you, it is because a resolution for the documents as well as the Fair the documents look familiar to you, it is because a resolution for the documents as well as the Fair Housing Activity Statement (FHAST) was passed as part of the Hurricane Ike Recovery projects.Housing Activity Statement (FHAST) was passed as part of the Hurricane Ike Recovery projects.  The required forms/documents relate to the following civil rights areas: The required forms/documents relate to the following civil rights areas: Citizen Participation and Grievance Procedures documenting the CityCitizen Participation and Grievance Procedures documenting the City’’s Civil Rights Officers Civil Rights Officer Section 3 Employment Plan for Minority and WomenSection 3 Employment Plan for Minority and WomenSection 3 Employment Plan for Minority and WomenSection 3 Employment Plan for Minority and Women-- Owned Business Owned Business Owned Business Owned Business Excessive Force PolicyExcessive Force Policy Section 504 selfSection 504 self--evaluation form for project monitoringevaluation form for project monitoring Fair Housing Policy as previously approved globally in FHAST documentationFair Housing Policy as previously approved globally in FHAST documentation Staff will have our Grant Administrator (Grantworks) available to answer any questions.Staff will have our Grant Administrator (Grantworks) available to answer any questions. Action Required of Council:Action Required of Council: Consider approval or other action of a resolution adopting civil rights policies and forms for the Historic Consider approval or other action of a resolution adopting civil rights policies and forms for the Historic Colored School CDBG Project # C2014Colored School CDBG Project # C2014--0043.0043. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate CITIZEN PARTICIPATION PLAN CITY OF LA PORTE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Harris County Community Development Block Grant (CDBG) Program and Local Government Requirements found in 24 CFR §570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at City Hall, 604 W Fairmont Parkway, La Porte, TX 77571-6215, (281) 470-5011during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG project. 1.A person who has a complaint or grievance about any services or activities with respect to the CDBG project, whether it is a proposed, ongoing, or completed CDBG project, may during regular business hours submit such complaint or grievance, in writing to theCity Managerat 604 W Fairmont Parkway, La Porte, TX 77571-6215or may call (281) 470-5011. 2.A copy of the complaint or grievance shall be transmitted by theCity Managerto the entity that is the subject of the complaint or grievance and to the City Attorney within five (5) working days after the date of the complaint or grievance was received. 3.TheCity Managershall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to person who made the complaint or grievance within ten (10) days. 4.If the investigation cannot be completed within ten (10) working days per 3. above, the person who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5.If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG for their further review and comment. 6.If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low-and moderate-income in developing proposals for the use of CDBG funds. The City, based upon the specific needs of the community’s residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: 1.Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2.When a significant number of non-English speaking residents are a part of the potential service area of the CDBG project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 3.Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements for individuals who require auxiliaryaids or services if contacted at least two days prior to the hearing. 4.A public hearing held prior to the submission of a CDBG application must be held after 5:00 PM on a weekday or at a convenient time on a Saturday or Sunday. 5.When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. Corby D. Alexander, City ManagerDate SECTION 3 POLICY In accordance with 12 U.S.C. 1701u, (Section 3), the City of La Porte agrees to implement the following steps, which, to the greatest extent feasible, will provide job training, employment and contracting opportunities for Section 3 residents and Section3 businesses of the areas in which the program/project is being carried out. A.Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B.Assign duties related to implementation of this plan to the designated Civil Rights Officer. C.Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations and contracts. D.Maintain a list of those businesses that have identified themselves asSection 3 businesses for utilization in grant funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general Grant Recipient procurement needs. E.Maintain a list of those persons who have identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are available through either the Grant Recipient or contractors. F.Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors’ performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or HCCSDto the Grant Recipient. G.Submit reports as required by HUD or HCCSDregarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of calendar year end which identify and quantify Section 3 businesses and employees. H.Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of the City of La Porte, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Corby D. Alexander, City ManagerDate Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), the City of La Portehereby adopts and will enforce the following policy with respect to the use of excessive force: 1.It is the policy of the City of La Porte to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2.It is also the policy of the City of La Porte to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non- violent civil rights demonstrations within its jurisdiction. 3.The City of La Porte will introduce and pass a resolution adopting this policy. As officers and representatives of the City of La Porte,we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. _____________________________ Corby D. Alexander, City Manager _____________________________ Date Section 504 Policy against Discrimination based on Handicap and Grievance Procedures In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities of the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), City of La Porte hereby adopts the following policy and grievance procedures: 1.Discrimination prohibited.No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development (HUD). 2.City of La Porte does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its federally assisted programs and activities. 3.City of La Porte’s recruitmentmaterials or publications shall include a statement of this policy in 1. above. 4.City of La Porteshall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis of handicap in violation of 24 CFR Part 8. 5.For hearing and visually impaired individuals eligible to be served or likely to be affected by the CDBG program, City of La Porteshall ensure that they are provided with the information necessary to understand and participate in the CDBG program. 6.Grievances and Complaints a.Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for City of La Porte to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. b.Complaints should be addressed tothe City Manager at 604 W Fairmont Parkway, La Porte, , TX 77571-6215 or call (281) 470-5011who has been designated to coordinate Section 504 compliance efforts. c.A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. d.A complaint should be filed within thirty (30) workingdays after the complainant becomes aware of the alleged violation. e.An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation . will be conducted by the «Official_Title»Informal but thorough investigations will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. f.A written determination as to the validity of the complaint and description of resolution, if any, , shall be issued bythe City Managerand a copy forwarded to the complainant with fifteen (15) workingdays after the filing of the complaint where practicable. g.The Section 504 coordinator shall maintain the files and records of the City of La Porte relating to the complaints files. h.The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination/resolution as described in f. above. The request for reconsideration should be made to the City of La Porte within ten workingdays after the receipt of the written determination/resolution. i.The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of a Section 504complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. j.These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City of La Porte complies with Section 504 and HUD regulations. Corby D. Alexander, City ManagerDate Fair Housing Policy In accordance with Fair Housing Act, the City of La Porte hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing: 1.City of La Porteagrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin). 2.City of La Porteagrees to plan at least one activity during the contract term to affirmatively further fair housing. 3.City of La Porte will introduce and pass a resolution adopting this policy. As officers and representatives of the City of La Porte, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. _____________________________ Corby D. Alexander, City Manager _____________________________ Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 8, 2016 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 2016 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2015-16 Budget on September 14, 2015. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2015-16 Budget. (*denotes funds with current changes) Proposed Original Budget Amended Budget General Fund $ 43,193,303 $ 43,335,826 * Grant Fund 929,342 929,342 Street Maintenance Sales Tax Fund 1,895,000 1,895,000 Emergency Services District Sales Tax 1,372,053 1,387,341 * Fund Hotel/Motel Occupancy Tax 773,071 773,071 Economic Development Corporation 1,147,143 1,147,143 Tax Increment Reinvestment Zone 2,514,956 2,514,956 Utility 7,439,169 7,439,169 Airport 63,806 63,806 La Porte Area Water Authority 1,149,726 1,149,726 Motor Pool 2,800,017 2,964,963 * Insurance Fund 6,997,143 6,997,143 Technology Fund 622,000 622,000 General Capital Improvement 1,067,669 1,067,669 Utility Capital Improvement 1,080,000 1,080,000 Sewer Rehabilitation Capital Improvement 350,000 350,000 Drainage Improvement Fund 470,000 470,000 2015 Certificates of Obligation Bond Fund 4,520,000 4,520,000 General Debt Service 4,190,493 4,190,493 Utility Debt Service 267,409 267,409 La Porte Area Water Authority Debt Service 692,850 692,850 $83,535,150 $83,857,907 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2015-16 Budget for the following items: A.$15,288 in the Emergency Services District Fund for EKG monitor maintenance. Funding has already been approved by the ESD Board. B.$15,000 in the General Fund for repairs to the City Hall water line. C.$67,430 in the General Fund for demolition costs for Windsail Apartments. D.$33,971 in the Vehicle Replacement Fund for replacement of a vehicle involved in an accident. The Motor Pool will be reimbursed once funding from the insurance company is received. E.$130,975 in the Vehicle Replacement Fund for replacement of a wrecked ambulance. The Motor Pool will be reimbursed once funding from the insurance company is received. F.$4,343 in the General Fund for EMS modems. G.$55,750 in the General Fund for the Lifeguard Contract. EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 15-16FY 15-16 RevenuesExpenses Governmental Fund Types: General Fund$43,334,397$43,193,303 Grant Fund644,443929,342 Street Maintenance Sales Tax1,219,1881,895,000 Emergency Services District1,217,9881,372,053 Hotel/Motel Occupancy Tax651,500773,071 Economic Development Corporat2,438,8751,147,143 Tax Increment Reinvestment2,499,3312,514,956 Total Governmental Types52,005,72251,824,868 Enterprise: Utility8,574,2007,439,169 Airport56,70063,806 La Porte Area Water Authority1,324,7271,149,726 Total Enterprise9,955,6278,652,701 Internal Service Motor Pool3,078,2892,800,017 Insurance Fund5,804,8816,997,143 Technology Fund520,240622,000 Total Internal Service9,403,41010,419,160 Capital Improvement: General1,612,6691,067,669 Utility101,0001,080,000 Sewer Rehabilitation300,500350,000 Drainage Improvement Fund271,000470,000 2015 C/O Bond Fund-4,520,000 Total Capital Improvement2,285,1697,487,669 Debt Service: General3,920,4554,190,493 Utility250267,409 La Porte Area Water Authority-692,850 Total Debt Service3,920,7055,150,752 Total All Funds$77,570,633$83,535,150 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 15-16FY 15-16 RevenuesExpenses Governmental Fund Types: General Fund$43,334,397$43,335,826 Grant Fund644,443929,342 Street Maintenance Sales Tax1,219,1881,895,000 Emergency Services District1,217,9881,387,341 Hotel/Motel Occupancy Tax651,500773,071 Economic Development Corporat2,438,8751,147,143 Tax Increment Reinvestment2,499,3312,514,956 Total Governmental Types52,005,72251,982,679 Enterprise: Utility8,574,2007,439,169 Airport56,70063,806 La Porte Area Water Authority1,324,7271,149,726 Total Enterprise9,955,6278,652,701 Internal Service Motor Pool3,078,2892,964,963 Insurance Fund5,804,8816,997,143 Technology Fund520,240622,000 Total Internal Service9,403,41010,584,106 Capital Improvement: General1,612,6691,067,669 Utility101,0001,080,000 Sewer Rehabilitation300,500350,000 Drainage Improvement Fund271,000470,000 2015 C/O Bond Fund-4,520,000 Total Capital Improvement2,285,1697,487,669 Debt Service: General3,920,4554,190,493 Utility250267,409 La Porte Area Water Authority-692,850 Total Debt Service3,920,7055,150,752 Total All Funds$77,570,633$83,857,907 A Wolny, Shelley From:Leach, Traci Sent:Thursday, December 03, 2015 11:20 AM To:Wolny, Shelley Cc:Alexander, Corby; Dolby, Michael Subject:RE: Budget amendment information TPWRoofRepair:IamwaitingonScotttogivemeafirmnumber.Iamthinkingitwillbeabout$40,000 CityHallWaterLinerepair:$15,000 $15,000 Hall CityWaterLinerepair: AccessSystemforWWTP:$10,000(MichaelcanUtilityFundpayforthis?Ibelieveitisnecessarytoensurethatthe plantissecure.) From:Wolny,Shelley Sent:Tuesday,December01,20158:04AM To:Leach,Traci<LeachT@laportetx.gov> Subject:RE:Budgetamendmentinformation Iprobablyhavethem,butjustincase,canyousendthemtome?IķƚƓ͸Ʒwanttomissanything. Thanks, Shelley From:Leach,Traci Sent:Tuesday,December01,20157:01AM To:Wolny,Shelley<WolnyS@laportetx.gov> Subject:Budgetamendmentinformation HaveIsentyoumytwoprojectsthatneedtobeincludedforthenextquarterlyamendment? TraciLeach AssistantCityManager 2814705012(office) 2818136094(mobile) leacht@laportetx.gov ͻŷĻCityofLaPorteembracesitsheritage,communityvalues,andopportunities,whileimprovingthequalityoflifefor ourƩĻƭźķĻƓƷƭ͵ͼ B 1 Wolny, Shelley From:Nolen, Ray Sent:Wednesday, January 27, 2016 9:44 AM To:Wolny, Shelley Cc:Alexander, Corby; Dolby, Michael; Hartleib, Matthew Subject:RE: Unit #59-40 Importance:High Sensitivity:Confidential Shelley, ThefinalquotefortheambulanceremountjustcameinfromFrazerresultinginafinalcosttabulationforreplacement costsofunit#5940. $46,700Α2015Dodge4500Chassis(budgetadjustmentcompletedandequipmentalreadypurchased) $47,175ΑFrazerModularRepair&Remount(purchaseorderrequestneedstobeenteredbyEMS) $35,900ΑStrykerPowerLoadSystemandPowerCot(purchaseorderneedstobeenteredbyEMS) $1,200ΑMicrosoftSurfacePro3ComputerTablet9purchaseorderneedstobeenteredbyEMS) Total$130,975 Ray Nolen Chief of EMS City of La Porte 281.471.9244 (office) 281.471.0688 (fax) Website: http://www.lpems.org "Proud of our Past, Committed to our Future" HIPAANOTICE:ShouldthisemailcommunicationincludeanyProtectedHealthInformation(PHI),itisbeingemailedtoyouafter securingtheappropriateauthorizationfromthepatientorundercircumstancesthatdonotrequirepatientauthorization.You,the recipient,areobligatedtomaintainitinasafe,secureandconfidentialmanner.Redisclosurewithoutadditionalpatientconsentor aspermittedbylawisprohibited.Unauthorizedredisclosureorfailuretomaintainconfidentialitycouldsubjectyoutopenalties describedinfederalandstatelaw. IMPORTANTWARNING:Thismessageisintendedfortheuseofthepersonorentitytowhichitisaddressedandmaycontain informationthatisprivilegedandconfidential,thedisclosureofwhichisgovernedbyapplicablelaw. Ifyouarenottheintendedrecipient,ortheemployeeoragentresponsibletodeliverittotheintendedrecipient,youarehereby notifiedthatanydisclosure,copyingordistributionofthisinformationisStrictlyProhibited.Ifyouhavereceivedthismessageby error,pleasenotifythesenderimmediately. E 1 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM JanuarJanuaryy 25, 2016 25, 2016AAppropriationppropriation Agenda Date Requested:te Requested: General FundGeneral Fund RosalRosalyyn Eptinn EptinggSource of Funds:Source of Funds: Requested BByy:: 001.8081.551.5007001.8081.551.5007 Parks & RecreationParks & RecreationAAccount Number:ccount Number: Department:t: $230,000.00$230,000.00 AAmount Budmount Budggeted:eted: Report:Resolution:Resolution:Ordinance:Ordinance: AAmount mount Other: Requested:Requested: Attachments :ts : BudBudggeted Item:eted Item:YESYESNONO 1. Lifeguard Services Bid Tabulationguard Services Bid Tabulation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS During the BudBudgget Workshop, Council discussed the budet Workshop, Council discussed the budgget for the lifeet for the lifegguardinuardingg contract at the Ci contract at the Citty Pools. Staff was instructed to determine how much it would cost to run all lifef was instructed to determine how much it would cost to run all lifegguard operations in uard operations in house. Staff determined that the Citf determined that the Cityy could run life could run lifegguard operations for a total of $230,000. Staff uard operations for a total of $230,000. Staff also a reported that bids would still be advertised to determine if the services could be contracted out at t bids would still be advertised to determine if the services could be contracted out at a a lower amount. nt. Staff went out to bid for the 2016 summer pool season lifeut to bid for the 2016 summer pool season lifegguard services. The Cituard services. The Cityy received bids received bids from three companies. The lowest bidder is Pool Manaanies. The lowest bidder is Pool Managgement Inc. ement Inc. ((PMIPMI)) with a bid of $285,750. The with a bid of $285,750. The bid b tabulation is attached as an exhibit. attached as an exhibit. IfCouncilapprovesthebidtherewouldbeanincreaseof$55750tothebudgetwhichwouldrequIf Council approves the bid, there would be an increase of $55,750 to the budpprovesthebidtherewouldbeanincreaseof$55750t othebudgetwhichwouldrequireapproves the bid, there would be an increase of $55,750 to the budgget, which would reqet, which would require a u budget amendment. PMI offers some additional items in the bid that the Citndment. PMI offers some additional items in the bid that the Cityy was not was not ggoinoingg to pro to provide if v pools were run in house. Those items are prorun in house. Those items are proggramminrammingg of classes and additional marketin of classes and additional marketingg. P. PMI M would have a full time Proa full time Proggram Director that would offer a proram Director that would offer a proggramminrammingg plan for the pools. Some plan for the pools. Some of the possible proggrams offered would be swimminrams offered would be swimmingg lessons, aerobics, CPR & First Aid, ka lessons, aerobics, CPR & First Aid, kayyak instrucak instruction, t etc. PMI is willinwillingg to pa to payy the Cit the Cityy 75% of the net profit for all pro 75% of the net profit for all proggramminrammingg. The pro. The proggrams PMI offrams PMI offer e would be an added benefit to the communitadded benefit to the communityy. Staff asked PMI what the savin. Staff asked PMI what the savinggs would be if we res would be if we removed m the services of the Pro of the Proggram Director. PMI’s response was as follows, “The Proram Director. PMI’s response was as follows, “The Proggram Director is ram Director is an a integral person in our senior manaon in our senior managgement team. Given the level of proement team. Given the level of proggrams rams yyou maou mayy elect to ha elect to have, this v individual is there to serve there to serve yyou. There is no extra cost to have them, nor is there a discount if ou. There is no extra cost to have them, nor is there a discount if yyouou do not. d Should your citcityy elect to have PMI teach lessons for example, the re elect to have PMI teach lessons for example, the reggional Proional Proggram Director is thram Director is there to e assist.” There are pros and cons to runninros and cons to runningg life lifegguard services in house or contractualluard services in house or contractuallyy. Some of the mai. Some of the main pros n and cons are listed below.e listed below. When life lifegguards are all emplouards are all employyees of the Citees of the Cityy, the, theyy are under complete control of the Cit are under complete control of the Cityy in terms of schedulinof schedulingg and discipline. With contracted services the compan and discipline. With contracted services the companyy controls all disc controls all discipline, i the Cittyy onl onlyy tell the Compan tell the Companyy how man how manyygguards are required and at what time.uards are required and at what time. The contractor provides the Citontractor provides the Cityy a certificate of insurance and has liabilit a certificate of insurance and has liabilityy covera coveragge if somee if somethintg were to occur. This provides one additional lato occur. This provides one additional layyer of liabiliter of liabilityy protection. protection. In House operations take a lot of time for traininuse operations take a lot of time for trainingg. This takes mana. This takes managgement staff awaement staff awayy from from other G regular duties durinar duties duringg the busiest season of the the busiest season of the yyear. Not to mention, the HR Department tiear. Not to mention, the HR Department time that m is required to process approximateluired to process approximatelyy 50 emplo 50 employyees with backees with backgground checks, druround checks, drugg screens, screens, and orientations.ations. Retention of lifetion of lifegguards in house is a recurrinuards in house is a recurringg issue. With contractin issue. With contractingg out, the contractor u out, the contractor usuallsy has a bibigggger lifeer lifegguard base and is able to fill shifts as summer beuard base and is able to fill shifts as summer beggins to come to an end.ins to come to an end. If the CitCityy were to contract out, the Contractor would be providin were to contract out, the Contractor would be providingg classes that the Cit classes that the Cityy was was not providiningg. This would become and extra revenue stream and service to the communit. This would become and extra revenue stream and service to the communityy.. Action Required of Council:uired of Council: 1.Consider approval or other action of a contract with Pool Manader approval or other action of a contract with Pool Managgement Inc. and include the ement Inc. and include the budbget increase of $55,750 in the upcominase of $55,750 in the upcomingg bud budgget amendment; or et amendment; or 2.Direct staff to bet staff to beggin the recruitment process for lifein the recruitment process for lifegguard services to be manauard services to be managged in house.ed in house. Approved for City Council Agendaor City Council Agenda Corby D. Alexander, City Manageexander, City ManagerrDateDate ORDINANCE NO. 2016 - AN ORDINANCE AMENDING CHAPTER 70 “TRAFFIC AND VEHICLES” OF THE CODE OF ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHILCES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, 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. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; Now Therefore, upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of §545.356, Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 70, “Traffic and Vehicles,” Article III, “Operation of Vehicles,” Division 2. “Speed Limits”, Section 70-103 “Forty mile per hour zones,” of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec. 70-103. - Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles; (3) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (5) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (6) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles." (9) Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10) Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles. (11) (12) Along SH 146 northbound and southbound frontage roads, from the intersection of Barbours Cut Blvd. to the intersection of McCabe road, a distance of approximately 2.966 miles.” Section 2 : That Chapter 70, “Traffic and Vehicles,” Article III, “Operation of Vehicles,” Division 2. “Speed Limits”, Section 70-104 “Forty-five mile per hour zones,” of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: Sec. 70-104. - Forty-five mile per hour zones. “ The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles; (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles; 2 (5) (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles; (6) (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles; (7) Along BS146 D from a point 538 feet north of N. Forrest Avenue to SH 146, a distance of approximately 1.567 miles.” Section 3 : That Chapter 70, “Traffic and Vehicles,” Article III, “Operation of Vehicles,” Division 2. “Speed Limits”, Section 70-106 “Fifty-five mile per hour zones,” of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec. 70-106. - Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 feet, 4.318 miles.” (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 3 Section 8 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the______ day of _________________, 2016. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 4 Council Agenda Item February 8, 2016 8. (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item February 8, 2016 February 8, 2016 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, February 18, 2016Planning and Zoning Commission Meeting, Thursday, February 18, 2016 • City Council Meeting, Monday, February 22, 2016City Council Meeting, Monday, February 22, 2016 • Zoning Board of Adjustment Meeting, Thursday, February 25, 2016Zoning Board of Adjustment Meeting, Thursday, February 25, 2016 • 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 Earp, Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Councilmembers Earp, Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken and Mayor RigbyLeonard, Engelken and Mayor Rigby   11.ADJOURNADJOURN ****************************************************************** ******************************************************************