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HomeMy WebLinkAbout2010-5-17 special meetingMINUTES OF SPECIAL CALLED REGULAR MEETING, PUBLIC HEARING AND WORKSHOP OF THE LA PORTE CITY COUNCIL May 17, 2010 Call to order The meeting was called to order by Mayor Barry Beasley at 6:00 p.m. Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, Daryl Leonard, John Zemanek, Mike Clausen, Mike Mosteit, Chuck Engelken and Mayor Barry Beasley Members of Council Absent: Mayor Pro Tern Black Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms and Stacey Osborne Legal: Clark Askins City Secretary's Office: Martha Gillett Planning: Debbie Wilmore and Brian Sterling Police Department: Ken Adcox and Chris Paige Parks and Recreation: Stephen Barr Finance: Michael Dolby Municipal Court: Judge Mitrano Others Present: Gwenda and Monique Moser, Julia Adam, Julia Schaeffer, Adam Yanelli of the Bayshore Sun, Dottie Kaminski, Phillip Hoot, Jeannie Zemanek, David Janda, Dan Chappell and other citizens. 2. The Invocation was given by Reverend Dan Chappell of Fairmont Park Church. 3. Councilman Louis Rigby led the Pledge of Allegiance. 4. Presentations/Proclamations 5. Consider approval or other action regarding an ordinance declaring the results of the City of La Porte Joint General Election held on May 8, 2010, for At -Large Position A, Councilmember District 4 position and Councilmember District 5 position (Ord. 3249) - Mayor Beasley Mayor Beasley provided summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3249, AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 8, 2010, FOR THE ELECTION OF A COUNCILPERSON AT -LARGE -POSITION A, COUNCILPERSON DISTRICT 4, AND COUNCILPERSON DISTRICT 5, FINDING Minutes of Special Called Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council on May 17, 2010 2 COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve ordinance 3249 as presented by Mayor Beasley. Second by Leonard Councilmember. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Zemanek, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black 6. Consider approval or other action regarding an ordinance declaring the results of the City of La Porte Special Sales Tax Election (Ord. 3250) — Mayor Beasley Mayor Beasley provided summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3250, AN ORDINANCE DECLARING THE RESULTS OF A SPEICAL ELECTION HELD IN THE CITY OF LA PORTE ON MAY 8, 2010, TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION; "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS", FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Mosteit to approve ordinance 3250 as presented by Mayor Beasley. Second by Councilmember Engelken. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Zemanek, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black Administer Statement of Elected/Appointed Officers and Oaths of Office and Issue Certificate of Election to newly elected Councilmember At -Large "A" position, Councilmember District 4 position and Councilmember District 5 position — D. Mitrano Judge Denise Mitrano administered the Statement of Elected/Appointed Officers and Oaths of Office and Issued Certificate of Election to newly elected Councilmember Zemanek At -Large "A" position, Councilmember Moser District 4 position and Councilmember Rigby District 5 position. 8. Consider approval or other action regarding an ordinance appointing a member of the City Council to serve as Mayor Pro-Tem of the City of La Porte, for term running from June 1, 2010 to May 31, 2011 (Ord. 3251) — Mayor Beasley Minutes of Special Called Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council on May 17, 2010 3 Mayor Beasley provided summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3251, AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD JUNE 1, 2010 THROUGH MAY 31, 2011, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Zemanek to appoint Councilmember Leonard as Mayor Pro -Tern as presented by Mayor Beasley. Second by Councilmember Moser. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Zemanek, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black 9. Consent agenda - Any item may be removed by a Councilperson for discussion. A. Council to consider approval or other action of minutes of Regular Meeting and Public Hearing held on May 10, 2010 — M. Gillett B. Council to consider approval or other action regarding an ordinance amending the City of La Porte 2009-2010 Fiscal Year Budget (Ord. 3252) — M. Dolby C. Council to consider approval or other action authorizing the City Manager to sign a grant application and other documents pertaining to the application and acceptance of a grant award for the purchase of ProQA Software, through the Texas Department of Health and Human Services EMS Local Project Grant, FY 2011 — K. Adcox D. Council to consider approval or other action authorizing the City Manager to sign a grant application and other documents pertaining to the application and acceptance of a grant award for the 2010 JAG Local Solicitation Grant from the Bureau of Justice Assistance, Justice Department — K. Adcox E. Council to consider approval or other action awarding bid # 10023 for construction of the Little Cedar Bayou Park Enhancement Project — S. Barr F. Council to consider approval or other action authorizing an agreement between the City of La Porte and MUSCO Lighting, to provide, install and maintain lighting assemblies, concrete poles and footings, computer controls and associated appurtenances for the Little Cedar Bayou Tennis Courts — S. Barr Council had questions on items E and F. Assistant City Attorney Clark Askins read the following agenda captions: Minutes of Special Called Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council on May 17, 2010 4 Ordinance 3252 — AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Clausen to approve the consent agenda as presented. Second by Councilmember Moser. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Zemanek, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black 10. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Phillip Hoot — 927 Seabreeze — addressed Council regarding the consent agenda and suggested public comments be before the consent agenda item. In addition, he questioned Council as to why he may no longer stand in the back and asked if there was an ordinance in place that prohibits citizens from standing in the back during a Council Meeting. He will vote against statues at Five Points in the survey sent out in the water bills. He asked the cost of the statues. 11. Council to continue Public Hearing from March 8, 2010 City Council Meeting regarding condemnation of substandard building located at 401 N. 6th Street Motion was made by Councilmember Moser to continue Public Hearing at the August 23, 2010 Meeting. Second by Councilmember Zemanek. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Zemanek, Clausen, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black 12. Consider approval or other action regarding an ordinance condemning substandard building located at 401 N. 6th Street (Ord. 3165) — D. Wilmore Motion was made by Councilmember Moser to continue Public Hearing at the August 23 2010. Second by Councilmember Zemanek. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Leonard, Zemanek, Clausen, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: Mayor Pro Tern Black Minutes of Special Called Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council on May 17, 2010 5 13. Close Regular Meeting and Open Workshop Meeting The Regular Meeting was closed and the Workshop Meeting was opened at 6:23 p.m. A. Discuss Branding Campaign — S. Osborne Economic Development/Main Street Coordinator Stacey Osborne discussed a Branding Campaign. Council directed staff to use the Seagulls for the official City Logo and continue with the other components of the branding campaign. Council requested a copy of all branding information. Councilman Rigby requested the names of people who gave positive comments about proposed new brand. B. Discuss La Porte Boy's Baseball Association Agreement — S. Barr Parks and Recreation Director Stephen Barr discussed the La Porte Boy's Baseball Association Agreement. Council directed staff to move forward. Any signage placed in the new facility, would need to be consistent. Staff needs to clarify the hours of operation of the new facility. 14. Close Workshop Meeting and Open Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 7:04 p.m. 15. Receive Report from Fiscal Affairs Committee — Chairman Engelken Chairman Engelken provided a report from the Fiscal Affairs Committee. 16. Receive Inspections Report from City Staff — D. Wilmore Chief Building Official provided the monthly Inspections Report 17. City Manager Ron Bottoms provided Administrative Reports for the following: May 18, 2010 — Special Called Fiscal Affairs Committee Meeting — 5:00 p.m. May 19, 2010 — Plant Manager's Breakfast — Five Points — 7:30 a.m. Minutes of Special Called Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council on May 17, 2010 6 May 20, 2010 — Harris County Mayor and Council Association Dinner — Monument Inn — 6:30 p.m. May 22, 2010 — Hurricane Workshop — Pasadena Convention Center —10:00 a.m. — 3:00 p.m. May 31, 2010 — City Offices closed in Observance of Memorial Day Newly Elected City Official's Orientation- TML — July 23-24- Irving, Texas 18. Council Comments: Rigby, Moser, Black, Leonard, Zemanek, Engelken, Mosteit Clausen, and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 19. Executive Session — pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) 20. Considerations and possible action on items considered in executive session. 21. Adjournment Being no further business, the meeting was duly adjourned at 7: 23 p.m. Respectfully submitted, Martha Gillett, TRMC City Secretary Passed and approved on this 14th day of June 2010. Mayor Bad Lj REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: Mayor Beasley City Council Department: Exhibits: Ordinance Exhibits: Election Reports Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council to approve an ordinance declaring results of the City of La Porte General Election held on May 8, 2010. Approve attached ordinance _`y . 5 A ; Ron Bottoms, City Manager Date ORDINANCE NO. 2 010 - 310 AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 8, 2010, FOR THE ELECTION OF A COUNCILPERSON-AT- LARGE--POSITION Al COUNCILPERSON DISTRICT 4l AND COUNCILPERSON DISTRICT 5y FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 8th day of May, 2010, an election for the purpose of electing a Councilperson-at-Large--Position A; Councilperson District 4; and Councilperson District 5; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON-AT-LARGE--POSITION A John P. Zemanek Jr. 558 COUNCILPERSON -- DISTRICT 4 Tommy Moser 145 Charles "Heavyfed" Gilliam 14 COUNCILPERSON -- DISTRICT 5 Abraham Rosa 55 Louis Rigby 169 as shown in the official election returns heretofore delivered by the Election Manager and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to -wit: COUNCILP$RSON-AT-LARGE--POSITION A John P. Zemanek, Jr. COUNCILPERSON -- DISTRICT 4 Tommy Moser COUNCILPERSON -- DISTRICT 5 Louis Rigby Section 2. 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 was 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, Texas Government 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 17th day of May, 2010. OF PORTE By: easley Mayor 2 ATTEST: �� &d Mar a A. Gillett City Secretary APPRO D: �/� X4�� i [/• a L, Knox W. 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N —� —� Ln O A V W co C: 00 W 00 — cn w N T <D n 7 A pnj W N 3 m 0 W tD N O O 7 N W O K M N fD � Q C CD 7 A O M C 3 Dee Anne Thomson Bill Fennell Totals T REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: Mayor Barry Beasley Department: City Council Exhibits: Ordinance Exhibits: Election Results Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council to approve an ordinance declaring results of the City of La Porte Special Sales Tax Election held on May 8, 2010. A/tioil Re uired by Council: Appro e tached or i nce A ove for Ci touncil Aizenda Ron Bottoms, City Manager Date ORDINANCE NO. 2010- AN ORDINANCE DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF LA PORTS ON MAY 8, 2010, TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTS AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS"y FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWY AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 8th day of May, 2010, a special election to permit voting for or against the proposition: "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS"; and there were cast at said election on said proposition, the following number of votes: FOR THE PROPOSITION "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS": 560 AGAINST THE PROPOSITION "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS": 143 as shown in the official election returns heretofore delivered by the Election Manager and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the adoption of the following proposition, to -wit: "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS". Section 2. The sales and use tax effective date shall be October 1, 2010, the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on which the Comptroller of Public Accounts receives notice of the results of the election. Section 3. 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 was 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, Texas Government 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. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 17th day of May, 2010. !7:0FZ- PORTFs By: arry'Beasley/ Mayor 2 ATTEST: Martha A. Gillett City Secretary APPRO s r Knox W. As ins City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: Mayor Barry Beasley Department: City Council Report: Resolution: Ordinance:X Exhibits: Ordinance Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council to approve an Ordinance appointing a Mayor Pro-Tem of the City of La Porte, for the term expiring May 31, 2011. by Council: appointing a Mayor Pro Tem. s ot /o Ron Bottoms, City Manager Date ORDINANCE NO. 2 010 - ,5.) 'S 1 AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD JUNE 1, 2010, THROUGH MAY 31, 2011y FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby appoints Daryl Leonard to serve as Mayor Pro-Tem of the City of La Porte, for the period June 1, 2010, through May 31, 2011, or until his successor shall have been duly appointed and qualified. Section 2. The Mayor Pro-Tem shall serve in such office during said term, during the absence or incapacity of the Mayor and shall do all things, perform all duties, and in fact have all the powers and duties of the Mayor of the City of La Porte during such absence or incapacity of the Mayor. Section 3. 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 was 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 the Open Meetings Law, Chapter 551, Texas Government 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. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2010-3�!�' PASSED AND APPROVED, this 17th day of May, 2010. By: ATTEST: LA "A Aw Martha -A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney CITY OF LA PORTE PAGE 2 L: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: Ordinance: XX Exhibits: Ordinance Exhibits: Excerpt from FY 2010 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2009-10 Budget on September 21, 2009. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2009-10 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2007 Certificate of Obligation Bond Fund 2009 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Action Required by Council: Previously Proposed Original Budget Amended Budget Amended Budget $ 32,894,465 $ 33,049,924 $ 33,049,924 2,160,353 2,628,903 2,628,903 700,000 700,000 700,000 344,700 433,771 433,771 977,522 1,003,281 1,003,281 1,910,464 1,912,674 1,912,674 1,413,966 1,413,966 1,413,966 7,740,176 7,708,571 7,708,571 3,500 3,500 3,500 22,368 22,368 22,368 974,545 974,545 974,545 1,360,393 1,364,643 1,364,643 1,969,367 1,969,367 1,969,367 4,497,908 4,497,908 4,497,908 1,184,405 1,221,111 1,221,111 2,255,100 2,543,600 2,543,600 105,000 257,000 257,000 350,000 408,168 408,168 169,000 169,000 169,000 376,570 376,570 376,570 256,503 256,503 256,503 16,219 16,219 16,219 966,497 966,497 966,497 1,125,492 1,125,492 1,125,492 9,600,000 9,600,000 9,600,000 504,000 504,000 561,000 4,076,755 4,076,755 4,076,755 326,314 326,314 326,314 740,456 740,456 740,456 $ 79,022,038 $ 80,271,106 $ 80,328,106 Adopt Ordinance Amending Fiscal Year 2009-10 Budget for $57,000 in the Transportation and Other Infrastructure Fund for professional engineering services for concrete street replacement and storm sewer on South 8th Street. gpproorWCIAgenda Ron Botto ity anager Date ORDINANCE NO. 2010- 3-,� 52 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2009, through September 30, 2010, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2009, and a public hearing scheduled for September 21, 2009 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1, 2009, through September 30, 2010. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: 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 was 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 the Open Meetings Law, Chapter 551, Texas Government 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. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the I ?#-day of , 2010. CITY F LA PORTE, TEXAS Barry Be sley, Ma r �ATTEST: 1 I1 �,rity Martha Gillett, CSecretary APP VE � s Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Fund Types: General Fund 32,894,465 32,894,465 Grant Fund 1,995,712 2,160,353 Street Maintenance Sales Tax 726,845 700,000 Community Investment 231,361 344,700 Hotel/Motel Occupancy Tax 495,100 977,522 Section 4B Sales Tax 1,476,490 1,910,464 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,223,277 40,401,470 Enterprise Utility 8,288,732 7,740,176 Sylvan Beach - 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,360,393 Total Enterprise 10,739,528 10,100,982 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Fund 4,214,727 4,497,908 Technology Fund 1,191,597 1,184,405 Total Internal Service 7,624,924 7,651,680 Capital Improvement: General 1,525,000 2,255,100 Utility 592,500 105,000 Sewer Rehabilitation 301,600 350,000 Drainage Improvement Fund 290,500 169,000 2004 C/O Bond Fund - 376,570 2005 C/O Bond Fund - 256,503 2005 GO Bond Fund - 16,219 2006 C/O Bond Fund - 966,497 2007 C/O Bond Fund - 1,125,492 2009 C/O Bond Fund 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,351,681 15,724,381 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Funds 75,090,734 79,022,038 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds Governmental Fund Types: General Fund Grant Fund Street Maintenance Sales Tax Community Investment Hotel/Motel Occupancy Tax Section 4B Sales Tax Tax Increment Reinvestment Total Governmental Types Enterprise: Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Total Enterprise Internal Service Motor Pool Insurance Fund Technology Fund Total Internal Service Capital Improvement: General Utility Sewer Rehabilitation Drainage Improvement Fund 2004 C/O Bond Fund 2005 C/O Bond Fund 2005 GO Bond Fund 2006 C/O Bond Fund 2007 C/O Bond Fund 2009 C/O Bond Fund Other Infrastructure Total Capital Improvement Debt Service: General Utility La Porte Area Water Authority Total Debt Service FY 09-10 FY 09-10 Revenues Expenses 32,894,465 33,049,924 2,357,477 2,628,903 726,845 700,000 231,361 433,771 495,100 1,003,281 1,476,490 1,912,674 1,403,304 1,413,966 39,585,042 41,142,519 8,288,732 7,708,571 - 3,500 51,875 22,368 1,227,771 974,545 1,171,150 1,364,643 10,739,528 10,073,627 2,218,600 1,969,367 4,214,727 4,497,908 1,191,597 1,221,111 7,624,924 7,688,386 1,813,500 2,543,600 592,500 257,000 301,600 408,168 290,500 169,000 - 376,570 - 256,503 - 16,219 - 966,497 - 1,125,492 9,631,481 9,600,000 10,600 561,000 12,640,181 16,280,049 4,089,272 4,076,755 321,596 326,314 740,456 740,456 5,151,324 5,143,525 Total All Funds 75,740,999 80,328,106 Copy REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 10, 2010 Requested By: S. Gillett Department: Public Works Report: X Resolution: Ordinance: Exhibits: Contract for Professional Engineering Services Exhibits: Exhibits: Appropriation Source of Funds: Fund 005 Account Number: 005-9892-702-1100 Amount Budgeted: $ N/A Amount Requested: $57,000 Budgeted Item: No SUMMARY & RECOMMENDATION The City Council, at the April 10, 2010 Retreat, discussed the use of the Street Maintenance Sales Tax fund in the upcoming budget for the replacement of South 81h Street from Fairmont Parkway to Little Cedar Bayou Drive with concrete curb and gutter street and associated storm sewer. It was suggested that design begin this summer to be ready for bidding at the beginning of the upcoming budget year. The City of La Porte has selected the firm of Cobb Fendley & Associates to provide professional engineering services to provide design, bidding and construction phase services for this Project. The Agreement with the Engineer is as follows: Design $ 35,500 Bidding Phase 2,000 Construction Phase 6,500 Reimbursable Expenses 500 Survey 8,000 Total $ 57,000 Funds are available for the design in Fund 005, Transportation and Other Infrastructure Fund. Action Required by Council: Authorize the City Manager to execute a contract with Cobb Findley and Associates to provide professional engineering services for concrete street replacement and storm sewer on South 8th Street in the amount of $57,000. Approved for City Council Agenda Ron Bottoms, City Manager Date 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance: X Exhibits: Inspection Report Exhibits: Ordinance Exhibits Budget Source of Funds: General Funds Account Number: #001-9092-524-6021 Amount Budgeted: U5,658.00 Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The August 10, 2009, October 12, 2009, December 14, 2009, January 25, 2010 and March 08, 2010 public hearing for 401 N. 6`" Street was continued until May 17, 2010. Subsequent to the first public hearing meeting, legal notices, in accordance with Article VIII; Section 82-475 of the Code of Ordinances, were provided to the structure owner. The individual attended each public hearing and was aware of the continuances granted by Council. Staff also sent meeting reminder letters. An April 30, 2010 site visit to 401 N. 6`h Street showed no change. Also, on the same date, I spoke with the owner (Mary Riley) by phone and she advised she has been unsuccessful in getting financial assistance so she is in the process of selling the property. She has a document stating an expected closing date on or before May 19, 2010. I spoke with the realtor on May 1, 2010 and she explained they are reviewing the heirship documents/ title so the exact closing date is unknown at this time. The realtor is part of a company that typically purchases property, makes repairs and then resells the property. The structure was damaged by fire in October 2005 and the purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure should or should not be condemned and demolished. Based on this new information, the recommendation of the Dangerous Building Inspections Board is to table the structure and continue the public hearing for 90-days. This will allow us an opportunity to follow-up on the possible ownership change, provide notifications and schedule meetings with the new owner. Action Required by Council: Cider tibling the structure and continuing the public hearing for 90-days or other action regarding the structure at N.6"' treet Ron Bottoms, City Manager s1314�6'1 Date City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: June 26 2009 STREET ADDRESS: 401 N 6T11 HCAD OWNER:GEORGE EUGENE RILEY; 904 S KANSAS ST. LA PORTE. TX 77571-5808 DEED OWNER: EUGENIA MAE RILEY C/O GEORGE EUGENE RILEY: 904 S KANSAS ST, LA PORTE, TX 77571-5808 LEGAL: LOTS 17 18 BLK 91 • LA PORTE OCCUPANCY TYPE: RESIDENTAL ZONING: R-1 NON -CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER: ® SEWER: ELECTRICAL: 0 GAS: 0 NO.OF DWELLING UNITS: VACANT: 0 OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ® 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; ® 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 0 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; DANGEROUS BUILDINGS INSPECTIONS FORM PAGE 2 0 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; ® 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; ® 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ® 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #: 1. (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS THE 2006 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE AS ADOPTED AMENDED AND ENACTED BY CITY ORDINANCES #04-2700, #96-2700-K AND #96-2079-L. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. AL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII SECTION 82-478, IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED BUILDING OFFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE DATE FIRE CHIEF'S OFFICE DATE DANGEROUS BUILDINGS INSPECTIONS FORM PAGE 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab UNK UNABLE TO INSPECT 2. Pier & Beam a. Footings N/A N/A b. Sills N/A N/A c. Joists N/A N/A B. Walls 1. Exterior UNK UNABLE TO INSPECT 2. Interior UNK UNABLE TO INSPECT Means of Egress 1. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior UNK UNABLE TO INSPECT 2. Porches, Steps, Stairs A 3. Windows A D. Roof 1. Rafters D FIRE DAMAGE 2. Deck, Shingles D POOR CONDITION E. Ceilings 1. Joists UNK UNABLE TO INSPECT 2. Ceiling D HOLES VISIBLE THRU 1 WINDOW /DOOR F. Floors A G. Other N/A N/A II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D NO DEADFRONT: BROKEN CONDUIT 2. Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other N/A N/A B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO INSPECT b. Lavatories UNK UNABLE TO INSPECT c. Water/Closets UNK UNABLE TO INSPECT d. Tub/Shower UNK UNABLE TO INSPECT e. Water Heater UNK UNABLE TO INSPECT 2. Water Piping UNK UNABLE TO INSPECT 3. Drain, Waste & Vent UNK UNABLE TO INSPECT 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & A/C 1. Heating UNK UNABLE TO INSPECT 2. Air Conditioning UNK UNABLE TO INSPECT III. PROPERTY CONDITIONS 1. Accessory Structures N/A N/A 2. Condition of Grounds D WEEDS, DEBRIS & DOWNED TREE 3. Other Comments: Date of Fire October 12, 2005 S:\CPSharmVNSPECTION DIVISIONWLL OTHER STUFnCode Enforcemcnt\Dag Buildings\DANG BLDG INSP FORM2.doc 02-2004 Rev. �bt►c. �e-ar� �yq -I end Y�- ORDINANCE NO. 2009- 2,01 �&l AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 91; Lots 17, 18, La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley c/o George Eugene RileL ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk 91, Lots 17, 18, LaPorte, which is further described as 401 N 6th Street, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of LaPorte; and Ordinance No. 2009- Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 26, 2009 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571- 5808 and Eugenia Mae Riley c/o George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571-5808, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 10, 2009 at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which notices were "undelivered", Post Office attempted 2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2) deliveries by 7-23-09 Eugenina M. Riley % George E. Riley), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; that such hearing was continued for 60 days, to October 12, 2009, and on that date the hearing was continued for another 60 days, to December 14, 2009; and on that date the hearing was continued for another 30 days, to January 25, 2010; and on that date the hearing was continued for another 30 days, to March 08, 2010; and on that date the hearing was continued for another 60 days, to May 17, 2010; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on May 17, 2010 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. 2009- 1 Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of LaPorte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that George Eugene Riley, who resides at 904 S Kansas St.; La Porte, TX 77571-5808 and Eugenia Mae Riley c/o George Eugene Riley, who resides at 904 S Kansas St.; LaPorte, TX 77571-5808 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to entirely remove or tear down such building(s), and further orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, by registered mail, return receipt requested. Ordinance No. 2009- 1 Page 4 Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was 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 the Open Meetings Law, Chapter 551, Texas Government 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. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 2010. CITY OF LA PORTE Mayor ATTEST: City Secretary APPROVE : City Attorney ACTION OF CITY COUNCIL On this, the day of , the City Secretary of the City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. ATTEST: City Secretary CITY OF LA PORTE IM Mayor CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Martha Gillett, TRMC, CMC City Secretary SACity Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc 13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 5/17/10 Requested By: Stacey Osborne Department: Administration Report: x Resolution: Ordinance: Presentation on the La Porte Branding Exhibits: Campaign Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In 2008 the City of La Porte commissioned North Star Destination Strategies to create a comprehensive branding campaign for the City of La Porte. This presentation is an overview of the recommendations North Star presented to the City, and how staff have been implementing the branding campaign over the past year. Action Required by Council: Provide guidance to staff. 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I m or Ur, LA- J _j NI, r. h is 0 is m 0 0 m ca cu m a = 0 Iz- Ln cn ti C: (n 0 in 0 10-6 SD cu .- 0 > CO 6 'D . @) m u- M .0 IL Em 0) _ C:j V) 0) > > m W Z3 c (n 0 c 0 0 (D 0 0 I-_ CU C: E - 0 6 (U 0- 0 M UJ r- CA cu 0 :D E >esaarEn5 - U) r o 0— r o Cl) 0 0 4" a) 0 0 F- "I r 4-1 3 tz S/ c) E c(D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: Stephen L. Barr Department: Parks & Recreation Report: X Resolution: Ordinance: Exhibits: DRAFT Amended Contract for LPBBA Exhibits: Exhibits: Appropriation Source of Funds: N/A Acc't Number: Amount Budgeted: Amount Requested: SUMMARY & RECOMMENDATION With the completion of the new baseball complex at Pecan Park, the agreement between the City of La Porte and the La Porte Boy's Baseball Association will require amendment. Attached is a strike -highlight copy of the draft amended agreement for your review. There are several substantial bullet point changes in the amended draft that can be discussed as follows: • Three of the existing seven fields at Fairmont Park will be de -commissioned and designated for other uses (i.e. for youth football and drill team use). Designated use of the four remaining Fairmont Park fields as primarily "Practice Only" fields, with tournament use limited to 4 tournaments per year, and no games to start after 8pm. This limited use will restore the neighborhood status to the baseball field use as the park now closes at 1 Opm instead of 1 Ipm. • Since the Fairmont Park fields would be mostly practice only, the City would shut down the concession operation there. The Association could use the room for cold sandwiches and canned drink sales during tournaments only. Of course the new concession operation at Pecan Park would be at their discretion. In addition, we would like to use some of the existing storage at the Fairmont Park to store City equipment and supplies, leaving some room for their needs as well. • The Batting Cage at Fairmont Park would be eliminated as it is at the end of its useful life. There are two brand new batting cages at the new facility that are available for use by the Association. • Under the current operations, advertising on the outfield fences was not allowed because the Fairmont Park Homeowner's Association did not want it. This was not part of the formal agreement but was the policy of the City and the Association as a courtesy to the FPHOA. The new field is not in a neighborhood and so could be a source of additional revenues to the Association to defer the individual player participation costs. The City would retain the right to review and approve potential advertising, with all revenues going to the Association. These are the primary changes to the draft amended Agreement. Action Required by Council: Receive report on the Draft Amended Agreement Between the City of La Porte and the La Porte B� Baseball Association Regarding the Use of Designated Youth Baseball Facilities, and provide staff Ron Bottoms, City Manager Date DRAFT AMENDED AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOY'S BASEBALL ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES BECAUSE, the City of La Porte (the "City') is the owner and operator of various youth baseball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Boy's Baseball Association (the "Association") has provided the or!panizati6h� of youthbaseball teams, conducted `instructional league and tournament play7for the youth of LaPorte for many years, and has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various youth baseball facilities owned by the City; and Because, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community,; its'supportand funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: The City will provide limited use of the youth baseball facilities as described in "Exhibit A" which is attached and herein as if set out herein verbatim, and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in February through the last weekend in December for each year that this Agreement is in effect. Use is limited to Monday through Sunday, from 7:OOam until 11:00pm each day for Pecan Park, and 7:00am until 9:QOpm for practice at Fairmont Park. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting youth baseball league games, practice games, league/team practices, tournament games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. The fields at Fairmont :Park are" -now, desigrtated, primarily for practice use. Any scheduled tournament games to be held at F'airmontnlark will rewire the written shall not be unreasonably withheld Th'e'iAssoci; wil!'shedule n4 11 more than tournaments annually that utilize the practice fields',ai* Fair ont Park. No' tourna games at Fairmont Park may 6e scheduled'to begin after 8. m Page 1 of 8 The City will assume limited responsibility for maintenance of all structures located on City property at Pecan Park and Fairmont ;Park as set forth in this Agreement. Except for routine marking, dragging, watering and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be responsible for routine marking, dragging, and other field preparation as necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. The City has also provided at ResaR PaFk, with ass+staRse—fFOM the essGGiatiOn a an open air, paytlion , containing' 4estroom :'storage, and concession facilities, aad-a maintenance storage area, a satellite'=storage ;building fas44y and two batting cages `at.Pecan' Park, as listed in Exhibit A. The fa� open ,air pavilion containing restroom, ,storage, and concession facilities, the Maintenance facility for- City ;use',w th designated'' torage area for the, Association, the satellite storagea,building, and any permanent attachments to said fasitify facilities, are the property of the City. The concession facility at Fairmont Park, will no onger be in operation >- , .. . _ Association for portabi 100o and.drink`service,only, Except as set out herein in Paragraph 3 below, the City agrees to maintain utility service to the concession/restroom, and storage structure's various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Peark,and Fairmont Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Pecan and'Fairmont Parks are not reserved and are available on a first -come, first -served basis. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth baseball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, aiF GenditieR and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages and twf-maintenance inside and around the batting cages. The Association agrees to clean the restroom facilities at its expense, in addition to the City's regular cleaning schedule on an as needed basis, during the Association's use of the facilities particularly including tournament use, to assure that the restrooms are clean and operable. The Association agrees to clean the concession Page 2 of 8 portion of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property. I1VA right to solicit advertising boards for,the. outfield Park Per the;architect's recommendation, signs advertisers and sign content prior to instailation,'Aii revenues generatea ay.the aovernsing boards shall be the property of the AssociatianY V. Batting cages shall not be open for use by the general public by the association under any circumstances, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other baseball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth baseball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup youth baseball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). M The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. Page 3 of 8 VII. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. Vill. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association's scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. X. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XI. Page 4 of 8 This Agreement shall be in force for a period of five (5) years, beginning with the date of its execution. At the end of the term of the agreement, both the City and the Association have the option to continue the agreement for an additional five (5) year term. Such option shall be executed in writing by the President of the Association and the City Manager or his designee. Should either party choose not to exercise their option, the agreement shall be considered to be at an end. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other boy's baseball facilities that may be contemplated in the City . XI I. The Association shall maintain a favorable financial position during the term of this Agreement. The Association will provide an official annual report on the Association's fiscal condition to the City, comprised of a balance sheet, revenue statement and expense statement. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. LAW If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Page 5 of 8 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the th day of May, 2010 by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the th day of May, 2010 by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Boy's Baseball Association, authorizing such execution. ATTEST: Martha Gillett, City Secretary ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney CITY OF LA PORTE M Ron Bottoms, City Manager LA PORTE BOY'S BASEBALL ASSOCIATION By: Page 6 of 8 Ken Ural, President EXHIBIT "A" The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows: PECAN PARK FACILITIES Field #1 is the northernmost baseball field at the park, located on the northeast corner of the park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada Road, and on the west, by Field #2. Field #2 is located immediately west of Field #1, east of Field #3, and to the northeast of the Maintenance Facility. Field #3 is located immediately west of Field #2, north of Field #4, and to the northwest of the Maintenance Facility. Field #4 is located immediately south of Field #3, north of Field #5, and to the southwest of the Maintenance Facility. Field #5 is located immediately south of Field #4, north of Field #6, and directly west of the Pavilion. Field #6 is located immediately south of Field #5, north of Field #7, and to the southwest of the Pavilion. Field #7 is located immediately south of Field #6, directly west of Field #8, in the southwest corner of the park. Field #8 is located immediately east of Field #7, and south of Field #9, and directly west of Canada Road. Field #9 is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and directly west of Canada Road. Field #10 is located directly east of Canada Road, northeast of Field #9, and south of Field #1, southeast of the Pavilion, and directly west of Canada Road. Pavilion/Concession /Restrooms are located northwest of Field #10, southwest of Field #9. Facility Maintenance Storage Area is located southwest of Field #2, southeast of Field #3, and Page 7 of 8 northeast of Field #4. Satellite Storage Building is located diagonally between and north of Fields #7 & #8, and to the southeast of Field #6. Batting Cages are located directly east of Field #8, directly east of Canada Road, on the southeast corner of the park. FAIRMONT PARK PRACTICE FACILITIES Field #1 is the southernmost baseball field at the park, located on the southwest corner of the park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle parking lot off Farrington; on the east by Field #2; and on the north by Field #3. Field #2 is located immediately east of Field #1, and southeast of the Concession/Restroom building. Field #3 is located immediately north of Field #1, and northwest of the Concession/Restroom building. Field #4 is located immediately east of Field #3, and northeast of the Concession/Restroom building. CGnoessien/Restroom Building is located in the center of the cloverleaf formed by Fields #1 -4. Storage Buildin Area is located east of the Concession/Restroom building, outside the cloverleaf formed by Fields #1-4. Page 8 of 8 16 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 17, 2010 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance: Exhibits: Highlight Memo on Inspection Division Activities Exhibits: April Activity Report Exhibits Budget Source of Funds: Account Number: Amount Budgeted: _ Amount Requested: Budgeted Item: YES SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. Action Required by Council: Re ive tall report Ron $ottoms, City Manager Date NO To: Mayor and City Council From: Debbie S. Wilmore, Chief Building Official CC: Ron Bottoms, City Manager; John Joerns, Assistant City Manager; and Tim Tietjens, Director of Planning Date: 5/7/2010 Re: Highlight Memo on Inspection Division Activities The following is our monthly report on some of the highlights of the Inspection Services Division and our April Activity Report. Assistance on 8702 Huntersfield In October 2009, a variety of violations were identified. The major problem was exterior building maintenance and our challenge was a homeowner working out of the country. Staff coordinated with a local realtor. Special letters and extra time was involved; however, the realtor was finally able to secure the necessary funds, obtain the necessary permit and initiate repairs. The project took longer than normal; however, both parties worked well together and each was appreciative of the other's assistance. Dangerous Buildings In late 2009/early 2010, staff worked with (6) owners to discuss options regarding their structures. Owners were in agreement with staff; however, many did not have the time or the experience to coordinate the demolition. They chose to utilize staff s assistance and signed voluntary consent to demolish forms. We began the written quote process and are now awaiting the issuance of the demolition purchase order. Highlight Memo Con't. Page 2 Since (1) of the structures is non-residential, asbestos work is also scheduled. During the process (1) property changed ownership and staff met with the new owner who decided to sign a voluntary form as well. Also, (1) property was foreclosed and since the building was demolished by them and the problem is now a demolition debris problem, that location has been pulled. We have (5) structures that will be demolished in May. Those addresses are as follows: ❖ 203 East Main Street ❖ 710 Park Drive ❖ 406 Bay Oaks Drive ❖ 415 Bay Oaks Drive ❖ 406 So. Shady Lane ❖ 325 East A Street (foreclosure — now a demolition debris clean-up issue) April Activity Report • (2) New Commercial permits — Valuation is $620,000 11006 Spencer Hwy. — New office building (Jacinto Medical Group) 1434 W. Fairmont Pkwy — Interior Build -out (Asian Wok Restaurant) • Decrease of (71) inspections from March • Decrease of (59) customer (counter) sign -ins from March • Decrease of (44) code enforcement cases from March Of the (287) April cases, (187) were weed cases • Of the (287) April cases, (58) or 20% were resolved in April (Due to the annual notification process, weed violations won't be resolved until May) 0 Page 2 NEW RESIDENTIAL PERMITS: 0 VALUATION 0 NEW COMMERCIAL PERMITS: 2 VALUATION: 620,000 INSPECTIONS PERFORMED: 307 SLABS 43 ELECTRICAL 40 PLUMBING 40 COVERUP 18 FINAL 35 FRAME 8 MISC. 123 CUSTOMER SIGN IN: 487 OPEN RECORDS REOUEST: 6 COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR REMODELS OVER $50,000 15 FOLLIS CONSTRUCTION - 11518 OLD LA PORTE RD 7D - 09-144 - SHELL ONLY DRAGON PRODUCTS - 1701 N E ST. - 09-570 - TRUCK TERMINAL YARD ATLANTIS HOMES INC - 1607 W MAIN ST - 09-618 - SHELL ONLY FOLLIS CONSTRUCTION - 11518 OLD LA PORTE RD - 09-934 - BUILD OUT FOLLIS CONSTRUCTION - 223 N 1 OTH ST - 09-1141 - METAL BUILDING PARK CONSTRUCTION INC. - 3600 CANADA RD - 09-1307 -NEW BUILDING CONSTRUCTION MASTERS OF HOU - 3202 LUELLA - 09-1396 - CHILD CARE MRE BUILDERS - 702 HWY 146 S - 09-1496 - NEW HOTEL (SUPER 8) ATLANTIS HOMES - 1607 W. MAIN ST. - 09-1763 - BUILDOUT STAINLESS WELDING - 11001 FAIRMONT PKWY # H - 10-115 - BUILDOUT DUROTECH - 3501 LUELLA BLVD - 10-219 - NEW COMMERCIAL RAM DESIGN - 920 W MAIN - 10-295- CLP ARCH WAREHOUSE RACK CO - 10051 PORTER #900- 10-400- PALLET RACKS G & G CONSTRUCTION - 10-614 -NEW COML SOUTHWEST TX CONSTRUCTION - 10-615- BUILDOUT TIRZ NONE CODE ENFORCEMENT CODE ENFORCEMENT CASES NUMBER OF COMPLAINTS, CASES APRIL 2010 COMMUNITY SERVICE CITY INITATED CITIZEN COMPLAINT TOTAL ALCOHOL CHECK 2 0 2 BASKETBALL GOALS 0 0 0 BUILDING MAINTENANCE 1 3 4 BUILDING PLACEMENT 0 0 0 CAR FLYERS 0 0 0 CONTAINERS 0 0 0 COIN OPERATED MACHINE 0 0 0 DANGEROUS BUILDING 0 0 0 DEBRIS 10 6 16 EXTERIOR STORAGE 0 2 2 FENCES 0 0 0 FORWARD TO OTHER DEPARTMENTS 1 1 2 GRAFFITI 0 0 0 HEALTH ISSUES 0 0 0 HOUSE MOVING 1 0 1 ILLEGAL DUMPING 0 1 1 ILLEGAL MOBILE HOMES 0 0 0 JUNK VEHICLES 4 4 8 LIVESTOCK 1 0 1 MISCELLANEOUS 0 3 3 OFFICE TRLR 0 0 0 OFF SITE PARKING 0 0 0 POOLS 0 2 2 SCREENING REQUIRED 0 0 0 SECURING BUILDINGS 0 1 1 SEWAGE 0 1 1 SIGNS 0 0 0 SIGNS ON R O W 22 0 22 SUBSTANDARD STRUCTURES 0 0 0 TEMP STORAGE CONT 0 0 0 UNSAFE ELEC 0 1 1 UNSAFE PLBG 0 0 0 WATER/DRAINAGE/ STANDING 0 0 0 WEEDS 174 13 187 WORK WITHOUT PERMIT 21 5 26 ZONING 2 3 5 BLDG CODE VIOLATION 1 0 1 BLDG CODE-SANIT 0 0 0 R O W OBSTRUCT 0 1 1 R O W DAMAGE 0 0 0 TOTAL 240 47 287 TOTAL OF 287 COMPLAINTS, CASES APRIL 2010 TOTAL COMPLAINTS, CASES 287 100% CASES RESOLVED 58 20% CASES UNRESOLVED 229 80% NEW MUNICIPAL COURT CASES THIS MONTH 21 C REDD N MOHAMED P MORNES JHAYMAN S FRENCH B SHAW R PEDROZA D BEACHAM O GARCIA JR K CONE P NEUMANN M HERNANDEZ(4) A GONZALEZ E HOWELL D WILSON (2) K SANDERS B COPELAND LAWSUITS IN PROGRESS (NON -MUNICIPAL COURT CASES) CLIFF HALL (1) S:\CPShare\INSPECTION DWISIOMInsoections\Monthly Reports 2010APRILMONTHLYREPORT doc