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HomeMy WebLinkAbout09-10-18 Regular Meeting of the La Porte City Council LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP NANCY OJEDA Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 27, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, August 27, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. 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 Ojeda, Zemanek, J. Martin, Bentley, Kaminski, Engelken, and Earp. Also present were City Secretary Patrice Fogarty, Assistant City Manager Jason Weeks and Assistant City Attorney Clark Askins. Councilmember Kristin Martin was absent. 2. INVOCATION The invocation was given by Shane Klinkerman, La Porte First Assembly of God. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS nd (a) Recognition Employee of the 2Quarter 2018 Bianca Cuccerre (Recreation Center Specialist) City of La Porte Parks and Recreation Department Mayor Rigby nd Mayor Rigby recognized Bianca Cuccerre as Employee of the 2 Quarter 2018. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Jay Gipson, 901 S. Iowa, addressed Council with concerns of high school students parking on both Chuck Rosa, 812 S. Virginia, addressed Council and commented on property tax rates. Bob Wagstaff, 9614 Rustic Gate, informed he will speak during the public hearing portion of the 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 minutes of the meeting held on August 13-14, 2018 P. Fogarty Page 1 of 5 August 27, 2018 Council Meeting Minutes (b) Consider approval or other action regarding a Resolution authorizing the resale of tax delinquent property located at Lot 24, Block 70, Town of La Porte S. Wolny (c) Consider approval or other action awarding Bid #18020 for Northwest Park Pool Building- R. Epting (d) Consider approval or other action awarding Bid #18016 for Carpet and Vinyl Installation C. Alexander (e) Consider approval or other action regarding a Resolution authorizing the City Manager to execute documents in relation to the 2018-2019 STEP Comprehensive Grant through the Texas Department of Transportation R. Parker (f) Consider approval or other action regarding a Resolution authorizing the City Manager to execute documents in relation to the 2018-2019 STEP CMV (Commercial Motor Vehicle) Grant through the Texas Department of Transportation R. Parker (g) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Triten Real Estate Partners for its facility at 4100 Malone Drive, in the Bayport Industrial District D. Pennell (h) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Triten Real Estate Partners for its facility at 9701 New Decade Drive, in the Bayport Industrial District D. Pennell (i) Consider approval or other action authorizing the purchase of non-residential size water meters from Core and Main D. Pennell Regarding Items E and F, Councilmember Zemanek requested a statistical analysis be placed in the Friday memo. Councilmember Engelken made a motion to approve all Consent Agenda items pursuant to staff recommendations. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember K. Martin was absent. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve zone change request #18-92000007, for a change from General Commercial th (GC) to Planned Unit Development (PUD) on a 4.22 acre tract of land located on the east side of S. 16 St., and north of the W. M St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17- 32 & Tracts 1-16, Block 1143, La Porte Subdivision; consider approval or other action regarding an th classification of a 4.22 acre tract of land located on the east side of S. 16 St., and north of the W. M St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17-32 &Tracts 1-16, Block 1143, La Porte Subdivision, from General Commercial (GC) to Planned Unit Development (PUD) I. Clowes The public hearing opened at 6:14 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing closed at 6:15 p.m. Page 2 of 5 August 27, 2018 Council Meeting Minutes Councilmember Bentley made a motion to accept the recommendation by the Planning and Zoning Commission th changing the zoning classification of a 4.22 acre tract of land located on the east side of S. 16 St., and north of the W. M St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17-32 &Tracts 1-16, Block 1143, La Porte Subdivision, from General Commercial (GC) to Planned Unite Development (PUD). Mayor Rigby seconded the motion. Prior to council action, Assistant City Attorney Clark Askins read the caption of the Ordinance AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF A 4.22 ACRE TRACT OF LAND LOCATED ON THE EAST TH SIDE OF S. 16 ST. AND NORTH OF THE W. M STREET R.O.W. AND LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 17-32 &TRACTS 1-16, BLOCK 1143, LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mayor Rigby asked for the vote on the pending motion. MOTION FAILED 1/7. Ayes: Mayor Rigby Nays: Councilmembers Bentley, Engelken, Ojeda, Zemanek, Kaminski, Earp and J. Martin Absent: Councilmember K. Martin (b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve Special Condition Use Permit #18-91000008 to allow for a Skilled Nursing Facility, to locate on a 6.95-acre tract of land within a PUD zoning district, located on the west side of Underwood Rd., north of Fairmont Pkwy., and south of Caniff Rd. and legally described as Tracts 718B, 719, and 719A, La Porte Outlots; consider approval or other action regarding an Ordinance Conditional Use Permit #18-91000008, to allow for a Skilled Nursing Facility to be located on a 6.95- acre tract of land within a PUD zoning district and legally described as Tracts 718B, 719, and 719A, La Porte Outlots I. Clowes The public hearing opened at 6:18 p.m. City Planner Ian Clowes presented a summary. Councilmember Earp asked if there will be enough parking at the proposed facility. Mr. Clowes responded yes, there will be plenty of parking. Councilmember Martin asked if there were any plans for drainage. Mr. Clowes advised there is an approved general plan approved by the Planning and Zoning Commission but there are no details of a drainage plan that has to be approved by the City Engineer and Public Works. Councilmember Martin and developments. President of Summer Winds Homeowners Association Bob Wagstaff, 9614 Rustic Gate, spoke in favor of the facility. The public hearing closed at 6:21 p.m. Page 3 of 5 August 27, 2018 Council Meeting Minutes Councilmember Engelkenmade a motion to accept the recommendation by the Planning and Zoning Commission. Councilmember Kaminski seconded. MOTION PASSED UNAINMOUSLY 8/0. Councilmember K. Martin was absent. Ayes: Mayor Rigby, Councilmembers Bentley, Engelken, Ojeda, Zemanek, Kaminski, Earp, and J. Martin Nays: None Absent: Councilmember K. Martin Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3718 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000008, TO ALLOW FOR A NURSING CARE FACILITY (SKILLED NURSING FACILITY) USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 6.95 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS TRACTS 718B, 719, AND 719A, LA PORTE OUTLOTS, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. AUTHORIZATIONS (a) Consider approval or other action regarding appointment of members to various City boards, committees, and commissions P. Fogarty City Secretary Patrice Fogarty presented a summary. Council directed City Secretary Patrice Fogarty to bring back attendance of all boards; meetings that were cancelled due to a lack of a quorum; and the attendance requirements of each board. Councilmember Zemanek made a motion to postpone appointments to the next meeting after providing information. Councilmember Bentley seconded. MOTION PASSED UNAINMOUSLY 8/0. Councilmember K. Martin was absent. 9. REPORTS (a) Receive report of the La Porte Development Corporation Board Meeting Councilmember Nancy Ojeda Councilmember Nancy Ojeda provided an update of the La Porte Development Corporation Board Meeting held prior to the City Council Meeting. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised Council the City is required to publish a notice for the public e tax rate presented during the budget meetings and the posting of that rate does not hold Council to the tax rate that was presented at those budget meetings. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Engelken, Earp, Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Bentley and Mayor Rigby nd Councilmember Engelken congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018 and the Summer Winds Homeowners Association for getting a good neighbor; Councilmember congratulated Page 4 of 5 August 27, 2018 Council Meeting Minutes nd Bianca Cuccerre as Employee of the 2Quarter 2018; recognized the Police Department for being nd active in the community; Councilmember Ojeda congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018; commented she is exciting for the Skilled Nursing Facility and encouraged members in the audience to participate in the City University program; Councilmember J. Martin commented he voted in support of the Skilled Nursing Facility but is disappointed in the lack of background information of the owner and requested an audit of hotel taxes paid in La Porte; Councilmember Kaminski nd congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018 and wished Councilmember K. Martin the best on the upcoming birth of her baby; Councilmember Zemanek congratulated Bianca nd Cuccerre as Employee of the 2 Quarter 2018; commented an individual of quality was lost due to the passing of Senator John McCain; and congratulated the Little League team in Hawaii; Councilmember nd Bentley congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018; commented he enjoyed the La Porte Fire Department Banquet and continues to be impressed with the professionalism and esprit de corps of City employees; and Mayor Rigby congratulated Bianca Cuccerre as Employee of the nd 2 Quarter 2018; and presented a trophy from the Houston Yacht Club that was awarded to the City. 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 6:30 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember K. Martin was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 10, 2018. ________________________________ Mayor Louis R. Rigby Page 5 of 5 August 27, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 10, 2018 Source of Funds: N/A Requested By: Corby D. Alexander Account Number: N/A Department: Administration Amount Budgeted: N/A Report: Resolution: Ordinance: Amount Requested: N/A Exhibits: Subordination Agreement Budgeted Item: N/A Exhibits: Chapter 380 Agreement SUMMARY & RECOMMENDATION On October 10, 2016, the City entered into a Chapter 380 Agreement with Roland Ybarra for the right-of-way at West Main Street and Sens Road with the intent of building a new El Toro restaurant at this location. On December 12, 2016, this agreement was amended to list the fair market value as 75% of the appraised value, consistent with City policy at that time. Recently, the City was notified that Ybarra Restaurants (a.k.a. El Toro) is ready to move forward with their project and in order to secure a loan with the bank, the bank is requesting the City sign a Subordination Agreement. The Subordination Agreement means that in the event El Toro defaults, the money owed to the City would be paid once the bank is paid. The current 380 agreement has a subordination agreement clause. The attached agreement would be consistent with that clause. Action Required by Council: Consider approval or other action authorizing the City Manager to execute the proposed subordination agreement. Approved for City Council Agenda Corby Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 10, 2018 Source of Funds: Requested By: Cherell Daeumer Account Number: Department: Finance/Purchasing Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION Background: Bid #18021 for Automotive Parts was opened and read on July 24, 2018; bids were received by XL Auto Parts and Allen and Kerber Auto Supply. One bidder did not s required Pricing Sheet so they were deemed non-responsive. The other bidder did not complete all sections of the pricing sheet. Also, staff discovered after the bid opening the term of the contract was not included in the bid documents. ndation is to reject all bids and re-bid at a later date. Action Required by Council: Consider approval or other action to reject all bids for Bid# 18021 for Automotive Parts. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 10, 2018 Source of Funds: 003 Requested By: Don Pennell Account Number: 003-7085-533-5110 Department: Public Works________________________ Amount Budgeted: $200,680 Report: x Resolution: Ordinance: Amount Requested: $156,447 Exhibit: Bid Tabulation Budgeted Item: Yes Exhibit: Vendor Access Report Exhibit: Letter of Recommendation Exhibit: References for G&A Directional Exhibit: Project Location Map SUMMARY & RECOMMENDATION Advertised, sealed Bid # 18023 Bayshore Park Waterline Relocation Re-bid was opened and read on July 17, 2018. Bid requests were advertised in the Bay Area Observer, posted on the City of La Porte website site and Public Purchase with four (4) contractors returning bids. G&A Directional Boring Inc. submitted the lowest bid in the amount of $130,372. The potential for unforeseen challenges exists with re-routing the customer service lines to the new meter locations in front of the properties; therefore, staff recommends a project contingency of 20%. Project Benefits, Liabilities, and Operating Cost: Benefits: Elimination of the aging water main will reduce leaks, resulting in increased reliability of the water system. The proposed project also provides increased water main size, attributing to increased fire flow in the immediate area. Relocation to the front of the properties will aid in access for future meter and water main maintenance. Liabilities of Maintaining the Status Quo: The occurrence of water main leaks will likely increase if work is deferred for an extended period of time. Operating Costs: Operating costs will not be affected. Action Required of City Council: Consider approval or other action authorizing the City Manager to execute a contract with G&A Directional Boring Inc. for Bayshore Park Waterline Relocation in the amount of $130,372, plus a project contingency of $26,075, for a total authorization of $156,447. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 10, 2018 Source of Funds: 2018-19 Budget Requested By: Alex Osmond Account Number: 001.6048.551.2090 Department: Administration Amount Budgeted: $60,000 Report: Resolution: Ordinance: Amount Requested: $55,688.78 Exhibits: Bid Tabulation Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION Recently, the Bay Forest Golf Course staff field tested three (3) types of 2019 golf carts. The manufacturers tested were: Yamaha, EZGO, and Club Car. These known brands were selected for the test because they are currently available through Council approved cooperatives/buy-boards. The low bidders were Yamaha and EZGO, with equal bid amounts of $214,600.00 for one-time payment. Yamaha was the lowest bidder for a four (4) year payment plan amount of $55,688.70 and total charges of $222,754.80, which included finance charges. The field testing of the golf carts resulted in the 2019 Yamaha model (48V with chargers and accessories) being the preferred cart. In addition to the field test conducted by Staff, other factors contributing to the Yamaha car being favored include: Overall performance experience with the brand in service for the last 12 years. In fact, the 2019 model shows improvement over the 2015 model (currently in operation) Yamaha Services/Maintenance Program exceeds the others, including not just regionalized mobile service capability as offered by others, but a local mobile and shop services capability from a known provider. 2019 Yamaha car includes on-board towing system that has been recommended for use by other courses in the area that have them in operation Four-year purchase payment plan is the most favorable and is within budget Best offer of trade-in allowance Yamaha will finance the purchase to allow four annual payments at 4.52% interest All extra parts and accessories requested are included in the pricing Satisfactory warranty terms The 2019 Yamaha car is available on BuyBoard Contract 529-17. Staff recommends replacing the seventy four (74) 2015 carts currently in operation with the purchase of the 2019 Yamaha model golf carts utilizing BuyBoard Contract 529-17. Payment for these new carts could occur by the annual payment amount over four (4)fiscal yearsbeginning October 1, 2018 of $55,688.70 or a one-time payment of $214,600.00, which would save the City in finance charges. If Council decided to move forward with one-time payment option in order to save money on the financing charges, annual lease fees could be set-up in FY2018-19 or the following year to begin saving for the future replacement of the 2019 carts. This option would require an increase in the current proposed budget to the golf course of $214,600 if the Council wished to begin the saving for future replacement in FY19 or an increase of $154,600 in FY19 with annual lease fee payments to be discussed in next Action Required by Council: Consider approval or other action replacing the seventy four (74) 2015 cars currently in operation with the purchase of the 2019 Yamaha model golf cars utilizing BuyBoard Contract 529-17. Approved for City Council Agenda Corby Alexander, City Manager Date 103600 61607.2854032.7756448.0458971.26 334659.08231059.35 $15,370.04 $231,059.08 $246,429.12 9ǣƷĻƓķĻķ tƩźĭĻ /ƌǒĬ /ğƩͲ \[\[/ 14002018201920202021 4.47% ** 4522.42 $3,122.42 ƓźƷ tƩźĭĻ** off board towing 57746577465774657746 318200103600 $16,384.00 $230,984.00 $214,600.00 9ǣƷĻƓķĻķ tƩźĭĻ 430014002018201920202021 9œDhΉĻǣƷƩƚƓ $2,900.00 $57,746.00 ƓźƷ tƩźĭĻ not statednot stated 329300114700 55688.755688.755688.755688.7 tƩźĭĻ $8,154.80 9ǣƷĻƓķĻķ $214,600.00$222,754.80 —ğƒğŷğ 445015502018201920202021 4.52% 55688.7 $2,900.00 ƓźƷ tƩźĭĻ on board towing 4 7474 v— ğĬǒƌğƷźƚƓ Ʒƚ DƚƌŅ /ğƩ vǒƚƷĻƭ bĻƷΉtĻƩ /ğƩ Payment Amounts: Interest (after trade-in, less interest)Financed Amount(after interest paid) 5ĻƭĭƩźƦƷźƚƓ {ǒĬƷƚƷğƌ 2019 48 Volt cars with chargers, as specifiedTowing: State Onboard or OffboardTrade-In Allowance on 2015 Yamaha cars with ChargersFinance RateAnnual Installment 123 bƚ͵ LƷĻƒ ** REQUEST FOR CITY COUNCIL AGENDA ITEM September 10, 2018 Appropriation Agenda Date Requested Corby Alexander Source of Funds: N/A Requested By: Administration Account Number: N/A Department: Amount Budgeted: N/A Report Resolution: Ordinance: Amount Requested: N/A Exhibit: 2018 Interlocal Agreement Redline & Final Budgeted Item: YES NO Exhibit: 2015 Interlocal Agreement SUMMARY & RECOMMENDATION Porte municipal court services; agreement with them for these services. The proposed Interlocal Agreement Municipal Court is for a term of five (5) fiscal years, commencing on October 1, 2018. The proposed fee for the first fiscal year is $43,500 for the first 600 citations processed through La Porte Municipal Court and $72 per citation processed above 600. The agreement includes an annual escalation fee increase of three percent (3%) after the first fiscal year. Under the proposed agreement, the City of La Porte would provide municipal court clerical services and provide hold court. The clerical services would include assisting defendants, issuing and clearing warrants, receiving and depositing payments, maintaining court records, submitting monthly and quarterly reports to the state, creating court dockets, and issuing jury summons. The City of would provide whatever Ordinances may be necessary to give City of La Porte the and appoint/provide for judicial, prosecutorial and bailiff personnel. A copy of the proposed Interlocal Agreement Court is attached. Point will be available to answer any questions concerning the agreement. Action Required by Council: Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with the City of Approved for City Council Agenda Corby D. Alexander, City Manager Date THE STATE OF TEXAS§ §INTERLOCAL AGREEMENT—COURT COUNTY OF HARRIS§ Whereas, the City of La Porte, Texas, and the City of Morgan’s Point, Texas are adjacent to one another, and City of Morgan’s Pointfinds that efficiency of city services will be better served by the use of City of La Porte’s facilities for municipal court services; and Whereas,the parties enter into this Agreement for the purpose of providing municipal court services for the benefit of their communities; Now, therefore,the City Councils of the City of La Porteand the City of Morgan’s Point mutually agree as follows: I. City of La PorteandCity of Morgan’s Pointenter into this Agreement by and through their duly elected officials, and it is the intention of both parties to conform this Agreement in all respects with Chapter 791of theTexas Government Code, more commonly known as “The Interlocal Cooperation Act.” II. City of La Porteshall: (a)Provide municipal court clerical services. This includescollecting and receipting fines and court costs, filing Office of Court Administration Reports, filing State Comptroller’s Office reports, remitting payments to the State Comptroller, preparing reports of moving traffic convictions to the Department of Public Safety and all other reasonable and necessaryfunctions of a municipal court. City of La Porteshall collect fines and costs in connection with citations issuedby the City of Morgan’s Point, process citations in the dedicated court software; answer questions from defendants, enter and clear warrants and cases in SETCIC, Incode and OMNI; and perform other municipal court duties as required in the normal course of business. (b)Pay all wages,salaries, and other compensation of thecourt clerksincluding payroll taxes, retirement, social security taxes, if any,and any other payroll expenses for the services provided by City of La Porte; (c)Provide facilities for the municipal court judge and prosecutor for City of Morgan’s Pointto prepare for and hold court, and conduct such activities as are necessary to the fulfillment of court obligations. City of La Portewill provide a municipal court clerk to act for the municipal court of City of Morgan’s Pointwhen court is in session. (d)Timely deposit all fines and costs collected for the City of Morgan’s Point to the financial institution of their designation. III. City of Morgan’s Pointshall: (a)Pay to City of La Portefor the municipal court services described above the sum of $438,5000.00for each the first fiscal year this Agreement is in placefor the first 600 citations processed through City of La Porte’s Municipal Court under this Agreement, and will pay $7280.00 per citation above600.The City shall increase the sum paidto the City of La Porte by three percent (3%) each fiscal year this Agreement is in place after the initial fiscal year. This payment shall be prorated and paid monthly. This Agreement shall becomeeffective onSeptember October 1, 2018.,and City of Morgan’s Pointshall pay City of La Porte$4,000.00 for that month. (b)Provide whatever Ordinances may be necessary to give City of La Portethe full authority, power, rights, and privileges to act for City of Morgan’s Pointinaccordance with this agreement; and (c)Appoint and provide judicial, prosecutorial and bailiff personnel, including the Municipal Court Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant Prosecuting Attorneys andClerk of the Court.City of Morgan’s Pointshall be solely responsible for the payment of any fees due to these appointees,except as provided in Section II (b) of this Agreement. (d)Store aAll case records with final dispositions shall be stored at City of Morgan’s Point. (e)Will eEnsure that its court software is consistent with that used by LaPorte. Any costs required for licenses, set up, repair, updates, interfaces, or maintenance to the court management software shall be borne solely by Cityof Morgan’s Point.City of La Porteshall provide the server and work station to house City of Morgan’s Pointcourt software at City of La PorteCity Hall. City of Morgan’s Pointagrees to pay the costs of printing citation books and court files. (f)Will adopt a window fine schedule and standing orders that are identical to those of City of La Porte. IV. This Agreement shall be for a term of fivethreefiscal yearsplus one month, commencing on September October 1, 2018, and extending through September30, 20231; provided, however, that this Agreement shall automatically extend for successive one year terms unlessnotice of termination is given by June 30prior to the end of any term. Provided further, that either party mayterminate this Agreement by giving notice to the other party at least 90days prior to the date of termination. All written notice shall be sent to the address of the parties shown herein. V. 2 In order to have a more effective relationship between the parties, and to provide the best possible municipal courtoperations, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the City Administrator of City of Morgan’s Pointand the City Manager of City of La Porte, or their designee, and they may also bring any questions to the governing bodies of the respective cities. VI. (a)At all times this agreement is in force, the municipal court clerkof City of La Porte shall be under the supervision of the appropriate staff at City of LaPorte,and is fully an employee of the City of La Porte.City of Morgan’s Pointshall have no supervisory role or obligation for employment conditions. (b)Each party shall pay for services provided under this Agreement out of current annual funds. (c)Each party agrees that this Agreement fairly compensates each party for the services and functions performed under this Agreement. (d)To the extent permitted by law, no public official or employee of either City of Morgan’s Pointor City of La Porteshall be personally liable for any action arising from the performance of duties under this Agreement. (e)The City of Morgan’s Point municipal court staff and police force have been responsible for issuance of tickets and all legal requirements related to the processing of citations through their own municipal court, and will continue to have its own police force issue tickets within its boundaries. City of Morgan’s Point agrees to hold the City of La Porte harmless as to any errors in the issuance of citations, paperwork or other court management activities that City of La Porte has no involvement in or control over. VII. Independent Contractor.Both parties mutually agree that City of La Porteis an independent contractor, and shall have exclusive control of performance hereunder, and is in no way to be considered an employee of the City of Morgan’s Point.Nothing herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint-venturers, or any similar relationship. VIII. Risks.Each party agrees to carry such policies of insurance as each deems appropriate to cover any risks arising out of this Agreement; provided further thatCity of La Porteagrees to carry, as a minimum, insurance with liability limits of One Million Dollars “aggregate.” Policies are available for inspection by City of Morgan’s Pointupon request. 3 IX. No third party beneficiaries. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. X. No waiver of immunity. Nothing in this Agreement shall be construed to waive any immunities from suit or liability enjoyed by the parties, their past or present officers, employees, or agents. XI. Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the state and federal courts of Harris County, Texas. XII. Amendments.Thisagreement may be modified, changed, or altered at any time, upon mutual agreement of parties, provided that any such modification, change, or alteration be reduced to writing. XIII. Severability. If any clause, paragraph, section or portion of thisAgreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect, and the parities shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. IN WITNESS WHEREOF, we have hereunto set our hands effective the ______ day of _______________, 20185, in duplicate originalsin Harris County, Texas. CITY OF LA PORTECITY OF MORGAN’S POINT By:________________________By:________________________ Louis R. Rigby, MayorMichel Bechtel, Mayor ATTEST:ATTEST: _____________________________________________________________ Patrice Fogarty, City SecretaryMegan Mayes, City Secretary Cityof La PorteCity of Morgan’s Point 4 THE STATE OF TEXAS § § INTERLOCAL AGREEMENTCOURT COUNTY OF HARRIS § Whereas, the City of La Porte, Texas, and the City of , Texas are adjacent to one another, and finds that efficiency of city services will be better served by the use of City of La Porte; and Whereas, the parties enter into this Agreement for the purpose of providing municipal court services for the benefit of their communities; Now, therefore, the City Councils of the City of La Porte and mutually agree as follows: I. City of La Porte and enter into this Agreement by and through their duly elected officials, and it is the intention of both parties to conform this Agreement in all respects with Chapter 791 of the II. City of La Porte shall: (a) Provide municipal court clerical services. This includes collecting and receipting fines and court to the State Comptroller, preparing reports of moving traffic convictions to the Department of Public Safety and all other reasonable and necessary functions of a municipal court. City of La Porte shall collect fines and costs in connection with citations issued by the , process citations in the dedicated court software; answer questions from defendants, enter and clear warrants and cases in SETCIC, Incode and OMNI; and perform other municipal court duties as required in the normal course of business. (b) Pay all wages, salaries, and other compensation of the court clerks including payroll taxes, retirement, social security taxes, if any, and any other payroll expenses for the services provided by City of La Porte; (c) Provide facilities for the municipal court judge and prosecutor for to prepare for and hold court, and conduct such activities as are necessary to the fulfillment of court obligations. City of La Porte will provide a municipal court clerk to act for the municipal court of City of Mo when court is in session. (d) institution of their designation. III. shall: (a) Pay to City of La Porte for the municipal court services described above the sum of $43,500.00 for the first fiscal year this Agreement is in place for the first 600 citations processed through City of La Porte Municipal Court under this Agreement, and will pay $72.00 per citation above 600. The City shall increase the sum paid to the City of La Porte by three percent (3%) each fiscal year this Agreement is in place after the initial fiscal year. This payment shall be prorated and paid monthly. This Agreement shall become effective on October 1, 2018. (b) Provide whatever Ordinances may be necessary to give City of La Porte the full authority, power, rights, and privileges to act for in accordance with this agreement; and (c) Appoint and provide judicial, prosecutorial and bailiff personnel, including the Municipal Court Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant Prosecuting Attorneys and Clerk of the Court. shall be solely responsible for the payment of any fees due to these appointees, except as provided in Section II (b) of this Agreement. (d) Store all case records with final dispositions at . (e) Ensure that its court software is consistent with that used by LaPorte. Any costs required for licenses, set up, repair, updates, interfaces, or maintenance to the court management software shall be borne solely by . City of La Porte shall provide the server and work station to house Point court software at City of La Porte City Hall. agrees to pay the costs of printing citation books and court files. (f) Will adopt a window fine schedule and standing orders that are identical to those of City of La Porte. IV. This Agreement shall be for a term of five fiscal years, commencing on October 1, 2018, and extending through September 30, 2023; provided, however, that this Agreement shall automatically extend for successive one year terms unless notice of termination is given by June 30 prior to the end of any term. Provided further, that either party may terminate this Agreement by giving notice to the other party at least 90 days prior to the date of termination. All written notice shall be sent to the address of the parties shown herein. V. In order to have a more effective relationship between the parties, and to provide the best possible municipal court operations, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the City Administrator of and the City Manager of City of La Porte, or their designee, and they may also bring any questions to the governing bodies of the respective cities. VI. 2 (a) At all times this agreement is in force, the municipal court clerk of City of La Porte shall be under the supervision of the appropriate staff at City of La Porte, and is fully an employee of the City of La Porte. City shall have no supervisory role or obligation for employment conditions. (b) Each party shall pay for services provided under this Agreement out of current annual funds. (c) Each party agrees that this Agreement fairly compensates each party for the services and functions performed under this Agreement. (d) To the extent permitted by law, no public official or employee of either or City of La Porte shall be personally liable for any action arising from the performance of duties under this Agreement. (e) icipal court staff and police force have been responsible for issuance of tickets and all legal requirements related to the processing of citations through their own municipal court, and will continue to have its own police force issue tickets within its b agrees to hold the City of La Porte harmless as to any errors in the issuance of citations, paperwork or other court management activities that City of La Porte has no involvement in or control over. VII. Independent Contractor. Both parties mutually agree that City of La Porte is an independent contractor, and shall have exclusive control of performance hereunder, and is in no way to be considered an employee of the . Nothing herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint-venturers, or any similar relationship. VIII. Risks. Each party agrees to carry such policies of insurance as each deems appropriate to cover any risks arising out of this Agreement; provided further that City of La Porte agrees to carry, as a minimum, insurance available for inspection by City of Morgan Point upon request. IX. No third party beneficiaries. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. X. No waiver of immunity. Nothing in this Agreement shall be construed to waive any immunities from suit or liability enjoyed by the parties, their past or present officers, employees, or agents. XI. 3 Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the state and federal courts of Harris County, Texas. XII. Amendments. This agreement may be modified, changed, or altered at any time, upon mutual agreement of parties, provided that any such modification, change, or alteration be reduced to writing. XIII. Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect, and the parities shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. IN WITNESS WHEREOF, we have hereunto set our hands effective the ______ day of _______________, 2018, in duplicate originals in Harris County, Texas. CITY OF LA PORTE CITY OF By: ________________________ By: ________________________ Louis R. Rigby, Mayor Michel Bechtel, Mayor ATTEST: ATTEST: _______________________________ ______________________________ Patrice Fogarty, City Secretary Megan Mayes, City Secretary City of La Porte City of 4 THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of La Porte will hold a Public th Hearing on the 10 day of September 2018, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the opportunity to comment on the overall budget. This budget will raise less revenue from property taxes than last year's budget by $-1,509,587.00, which is a -6.80 percent decrease from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is $274,982.00. The City of La Porte must, by Charter requirement, adopt its fiscal budget by September 30, 2018. Copies of the adopted budget will be available for public inspection and copying at the office of the City Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, during normal business hours. Copies will also be ma CITY OF LA PORTE Patrice Fogarty, TRMC, MMC City Secretary civil service employees ($486,248) - insurance from the General Fund for CIP million (Including $1.2 million from Street Maintenance Sales Tax Funding) change to health No increase in property tax rateNo utility fund rate increaseMerit increases for nonMeet & confer increases for civil service employees ($267,264)No Capital projects of approximately $17.6 millionVehicle replacement of $664,590$1.2 $2 million transfer from General Fund for health insurance Budget Summary for Fiscal Year 2019 All Funds - Expenditures Consolidated Summary of All Funds (In millions) All Funds - Revenues Employee Positions Citywide General Fund Days of Working Capital Days of Working Capital General Fund Revenue Sources General Fund Revenues General Fund Revenues In Lieu of Taxes & Ad Valorem Taxes Tax Rate Breakdown by Department Historical Trends Industrial Payments $0.40 $0.40 $0.33 $0.36 $0.24 $2.25 $2.25 $2.25 $2.22 $2.25 $2.92 $2.55 $2.43 $2.25 $2.30 $5.00 $5.00 $4.50 $4.98 $4.49 General Fund Revenues Sales Tax, Franchise Taxes, Residential Solid Waste and Interest General Fund Emergency ServicesPoliceGolf CourseAdministrationFinancePublic WorksParks & RecreationPlanning & Engineering 5,677,5141,717,3096,403,7754,419,3551,601,407 5,183,9451,677,782 13,770,76440,451,851 Proposed . - Cuts 13,55924,208 (7,313) $866,856 lower than FY2018. (32,500)(96,671)(50,043) (124,898)(273,658) CMO $568,000 5,191,2581,710,2825,774,1851,717,3096,453,8184,405,7961,577,199 40,725,509 13,895,662 Requested Departmental) - General Fund Total General Fund Expenditures (Excluding Non Fund PoliceGolf CourseAdministrationFinancePublic WorksParks & RecreationPlanning & Development Emergency Services *The FY2019 expenditures are projected to be *Additionally, the FY2019 budget estimates a surplus of General General Fund Expenditures Expenditures by Activity * *Budget to Budget General Fund Expenditures Departmental - Utility Fund Water ProductionWater DistributionWastewater CollectionWastewater TreatmentUtility BillingNon Utility Fund Days of Working Capital Days of Working Capital Revenues vs. Expenses Utility Fund Comparison Authority Fund Other Enterprise Funds Airport La Porte Area Water Revenues vs. Expenses Airport Fund Comparison Revenues vs. Expenses La Porte Area Water Authority Comparison Fund MaintenanceReplacementEmployee Health ServicesRisk DivisionReplacement Motor Pool FundInsurance FundTechnology Internal Service Funds Revenues vs. Expenses Motor Pool Fund Comparison Revenues vs. Expenses Insurance Fund Comparison Revenues vs. Expenses Technology Fund Comparison Fund Fund Occupancy Tax Development Special Revenue Funds Grant FundStreet Maintenance Sales Tax Emergency Services District FundHotel/Motel Economic TIRZ Fund Grant Fund Comparison Revenues vs. Expenditures Revenues vs. Expenditures Street Maintenance Sales Tax Fund Comparison Comparison Revenues vs. Expenditures Emergency Services District Fund Revenues vs. Expenditures Hotel/Motel Occupancy Tax Fund Comparison Comparison Fund Development Revenues vs. Expenditures Economic Capital Improvement Projects Summary *Includes CIP contingencies. (In millions) 65,794 $ 350,000$ 922,000$ 750,000 $3,569,000$1,295,000$1,482,414$1,238,000$9,500,000 $ $19,328,697 Total Proposed Expenditure Total 050) Fund General Fund CIP (Fund 015) Utility Fund CIP (Fund 003)Airport Fund (010)LP Area Water Authority Fund (016)Sanitary Sewer Rehabilitation Fund (Fund 018)Drainage Fund (Fund 019)Street Maintenance Fund (Fund 033)Drainage Bond Fund (FundTWDB Loan Fund (Fund 052) Fund Summaries 65,00030,00060,00070,300 355,000430,000250,000650,000 Project Budget $ 480,700 Project Name (Prefunding) Texas Ave/E G St to Fairmont (EDC Funded) – Facility Assessment at Wood Falls Park at Fairmont Park Improvements Main Street Sidewalk (Prefunding) General Fund CIP Decorative Broadway Lighting (EDC Funded)StreetPublic WorksSurvey Equipment ReplacementParking LotPlaygroundEastWave Pool RenovationsPrivate Fiber 28,00030,000 100,000 1,000,000 $3,569,000 $ 20,000 Project Budget Total (cont’d) Program Center Remodel/Expansion (Prefunding) Homes General Fund CIP Project Name HabitatClubhouse RepairsRecreation & FitnessCommunity CooperationContingency 25,00050,00045,00025,00045,00015,00050,000 250,000140,000300,000 $ 350,000 $1,295,000 Project Budget Total Program Water Plant house) - Collegeview – Pump Station Construction Phase I Replacement Program (in Station Improvements Utility Fund CIP house Water Line Replacement - Project Name Replace Ground Tank HillridgeAerial CrossingsExterior Cleaning of Lomax Water TowerPumps & Equipment ReplacementInValveLiftCommercial Water Meter ReplacementResidential Water Meter ReplacementContingency $ 180,000 $ 180,000 Project Budget Total CIP Replacement Project Name Valve LPAWA $ 350,000 $ 350,000 Project Budget Total Fund CIP Sewer Rehabilitation Project Name Sanitary Sewer Rehabilitation 60,00027,00065,00050,00075,000 275,000100,000150,000100,000 $922,000 $ 20,000 Project Budget Total Fund CIP III Improvements Design Sewer System house) - Drainage Improvements Design Phase – f Storm o Flooding Mitigation Materials (in City Elevation Benchmarks Cedar Bayou Lomax Drainage Improvements Design Drainage Project Name TV InspectionDrainageVerifyBrookglenBayside Terrace DrainageF101Battleground EstatesBob’s Gully Drainage AnalysisLittleContingency 40,00050,00050,000 698,000200,000 $ 200,000 $1,238,000 Project Budget Total house) - Repair (Slab Jacking) Street Surfacing Project Name Handicap Ramp and Sidewalk ReplacementAsphaltConcrete Repair (Small Sections)ConcreteStreet Repair Material (inStreets/Drainage Contingency Street Maintenance Fund CIP $ 750,000 $ 750,000 Project Budget Total 2010 CO – Phase III – Project Name Little Cedar Bayou Bond Fund CIP $ 9,500,000 $ 9,500,000 Project Budget Total Project Name Lomax Lift Station Consolidation TWDB Loan Fund Debt Service Summary (In millions) Questions? REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested September 10, 2018 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report X Resolution: Ordinance: Amount Requested: N/A Exhibit: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to make appointments to boards, commissions and committees. Staff has determined the following individuals have agreed to volunteer for another term should Council wish to appoint them. Regarding the Airport Advisory Board Consider new appointments or reappointing Hector Villarreal to Position 4, and Van Wigginton to Position 5, to three-year terms expiring August 31, 2021. Regarding the Building Codes Appeals Board Consider new appointments or reappointing Paul Larson to Position 3, and Mike Mosteit to Position 4, to three-year terms expiring August 31, 2021, or until successors have been appointed and qualified. Regarding the Civil Service Commission Consider ratifying the appointment of Keith Trainer to a three- year term expiring August 31, 2021. Regarding the Chapter 172 Employee Retiree Insurance and Benefits Committee Consider new appointment or reappointing Aaron Corrales to Retiree Representative to a two-year term expiring August 31, 2020, or until a successor has been appointed and qualified. Regarding the Economic Alliance Houston Port Region Consider appointing Mayor Rigby as designee to the Board of Directors of the Economic Alliance Houston Port Region. Each of the 11 member cities of the Economic Alliance H ouston Port Region is represented on the Board by their Mayor. Mayor Rigby has been serving as the and wants to continue. Regarding the Fire Code Review Committee Consider ratifying Jeff Brown as appointee of Council District 2, Andy Wilborn as appointee of Council District 3, Mark Follis as appointee of Council District 4, Jim Bridge as appointee of Council District 5, Bryan Moore as appointee of At Large A, and Lynn Green as appointee of the Mayor, to three-year terms expiring August 31, 2021, or until a successor has been appointed and qualified. Regarding the La Porte Fire Control Prevention & Emergency Medical Services District Board Consider new appointments or reappointing Danny Campise, Thomas Dye III, and Johnny Jones, to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. Regarding the La Porte Area Water Authority Consider new appointments or reappointing Stephanie Bellew to Member 4 position, and Ken Schlather to Member 5 position, to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. Regarding the La Porte Development Corporation Board (EDC) Consider new appointments or reappointing Danny Earp, Venessa Guerrero, and Shelley Fuller to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. Regarding the La Porte Tax Reinvestment Zone Number One (TIRZ 1) Consider new appointments or reappointing Barry Beasley to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, and Chester Pool to Position 7, to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. FYI: TIRZ bylaws state if you are a Board member on the TIRZ, you are also a Board member on the Redevelopment Authority. Regarding the La Porte Redevelopment Authority Consider reappointment of Barry Beasley to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, Chester Pool to Position 7, and appointment of David , to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. position is vacant at this time.) FYI: While the ISD and County must appoint their representative to a position on the TIRZ Board, the Mayor must appoint all members Porte Redevelopment Authority, with the consent and approval of City Council. On the TIRZ Board, the City has the first 6 appointments, and other taxing authorities get the other three. On the Redevelopment Authority, the City appoints all members. Regarding the Planning and Zoning Commission Consider new appointments or reappointing Hal Lawler as the , who shall also serve as chairman, Richard Warren as the Council District 2 appointee, and Jo Ann Pitzer as the Council District 3 appointee, to three-year terms expiring August 30, 2021, or until successors have been appointed and qualified. Regarding the Southeast Texas Housing Finance Corporation Board of Directors Consider new appointment or reappointing Betty Moore as a director to a one-year term expiring on August 31, 2019, or until a successor has been appointed and qualified. Regarding the Zoning Board of Adjustment Consider new appointments or reappointing Chester Pool to Position 1, Thomas Deen to Position 2, Rod Rothermel to Position 3, and Dennis Oian to Position 4, to two-year terms expiring August 31, 2020, or until successors have been appointed and qualified. Additionally, the Alternate 1 position on the Zoning Board of Adjustment is vacant, leaving an unexpired term ending August 31, 2019. Consider an appointment to fill the vacancy through August 31, 2019, or until a successor has been appointed and qualified. Action Required by Council: Consider making appointments to various boards, committees and commissions. Approved for City Council Agenda Corby D. Alexander, City Manager Date Council Agenda Item September 10, 2018 9 (a)Receive report of the Drainage and Flooding Committee Meeting Councilmember Jay Martin