The URL can be used to link to this page

Home My WebLink About12-11-06 Joint Special Called Regular Meeting of La Porte Development Corporation and City Council Minutes 4tJ M~ ~ (tV\ t ,'.1-0 01 SIGN IN SHEET Please sign in. PRINT your name and address. If your wish to speak before Council please complete the form to the right. NAME rQJA \a \)\~()\ex \() , ADDRESS E:c.or'\Q IV,", l c..... A \ \ l ~ 11 c:.JL- 2 MINUTES OF THE JOINT SPECIAL CALLED MEETING OF THE LA PORTE DEVELOPMENT CORPORATION BOARD OF DIRECTORS AND LA PORTE CITY COUNCIL December 11, 2006 * Changes to minutes noted at meeting are italicized. 1. Call to Order President Pat Muston and Mayor Alton E. Porter called the meeting to order at 5:00 p. m. Members Present: Bill Love, Howard Ebow, Chuck Engelken, Tommy Moser, Mike Clausen, Ed Matuszak, Pat Muston, Mayor Porter, Mike Mosteit, Louis Rigby. Members Absent: Barry Beasley and Peter Griffiths. Staff Present: Interim City Manager John Joerns, City Consultant/Advisory Debra Feazelle, Assistant City Attorney Clark Askins, Main Street Coordinator Debra Dye, Assistant City Secretary Sharon Harris and Interim Finance Director Michael Dolby. Others Present: Bobby Grisham and Paul Chavez, Bay Area Economic Development Alliance. 2. Motion was made by Board Member Engelken to approve the Minutes of November 6.2006 Joint Special Called Regular Meeting of La Porte Development Corporation Board and City Council Meeting.~ Second by Board Member Love. Motion carried unanimously. Ayes: Bill Love, Pat Muston, Mike Clausen, Chuck Engelken and Tommy Moser. Nays: None Abstain: None Motion was made by Councilman Engelken to approve the Minutes of November 6.2006 Joint Special Called Regular Meeting of La Porte Development Corporation Board. Second by Councilman Ebow. Motion carried unanimously. Ayes: Mike Clausen, Chuck Engelken, Howard Ebow, Mike Mosteit, Louis Rigby, Tommy Moser and Mayor Porter. Nays: None Abstain: None 3. La Porte City Council to consider approval or other action regarding an agreement between the La Porte Development Corporation and Consultivo Consulting Services and authorizing expenditures by the La Porte Development Corporation not exceeding $75,000.00. Motion was made by Board Member Love to approve an agreement between the La Porte Development Corporation and Consultivo Consulting Services and authorizing expenditures by the La Porte Development Corporation not exceeding 75.000.00. Second by Board Member Clausen. Motion carried unanimously. Ayes: Bill Love, Pat Muston, Mike Clausen, Chuck Engelken and Tommy Moser. Nays: None La Porte Development Corporation - 12/11/06 - Page 2 Abstain: None La Porte City Council to consider approval or other action regarding an agreement between the La Porte Development Corporation and Consultivo Consulting Services and authorizing expenditures by the La Porte Development Corporation not exceeding $75,000.00. Motion was made bv Councilman Engelken to approve an agreement between the La Porte Development Corporation and Consultivo Consulting Services and authorizing expenditures bv the La Porte Development Corporation not exceeding 75,000.00. Second by Board Member Clausen. Motion carried unanimously. Ayes: Mike Clausen, Chuck Engelken, Howard Ebow, Mike Mosteit, Louis Rigby, Tommy Moser and Mayor Porter. Nays: None Abstain: None 5. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (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) A. SECTION - 551-087 - (ECONOMIC DEVELOPMENT) MEET WITH INTERIM CITY MANAGER, CITY CONSULTANT/ADVISOR AND CITY ATTORNEY, REGARDING ECONOMIC DEVELOPMENT (PROJECT AUSTIN POWERS) B. SECTION - 551-072 - (PROPERTY SALE OR EXCHANGE) MEET WITH INTERIM CITY MANAGER, CITY CONSULTANT/ADVISOR AND CITY ATTORNEY REGARDING CITY/COUNTY HOTEL PROJECT The La Porte Development Corporation and Council retired to Executive Session at 5:08 p.m. and returned to the Regular Meeting and reconvened at 5:30 p.m. 6. Considerations and possible action on items considered in executive session. 5A - Councilmember Ebow made a motion to proceed with documentation for Austin Powers Project. Second by Councilmember Mosteit. Motion carried unanimously. 5A - Board Member Love made a motion to direct staff to proceed with Austin Powers Project. Second by Board Member Engelken. Motion carried unanimously. 7. Administrative Reports. John Joerns updated the Board on the Economic Development Position. La Porte Development Corporation - 12/11/06 - Page 3 8. Board Comments The Board will began meeting monthly beginning January 8, 2007. 9. Adjournment The meeting was duly adjourned at 5:37 p.rn. Re~~ly submitted, - Ir/~~ Martha A. GIllett City Secretary TRMC, CMC La Porte Development Corporation Secretary d approved on tbis ?/II- day of if fJ1'...-/ , 200t;} Pat Muston, President 3 REQUEST FOR LA PORTE DEVELOPMENT BOARD AGENDA ITEM Agenda Date Requested: Januarv 8. 2007 Appropriation Requested By: Debra Feazelle Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: * Exhibits: Draft of Public Hearing Notice Amount Requested: Exhibits: Excerpt from AG's handbook re: Public Hearin2lPublic Notice · Public Hearinl! Requirement for Expendinl! Section 4B Tax Proceeds · Public Notice Requirement and the 60-Dav Ril!ht to Petition Budgeted Item: SUMMARY & RECOMMENDATION To move forward with any proposed expenditure of funds for a proposed project, the La Porte Development Corporation must hold a Public Hearing at which interested persons shall be entitled to speak: and present written materials for or against the approval of a particular section 4B project. The publication ofthe Public Hearing notice triggers a 60 day period for the public to file a petition. Staffis requesting La Porte Development Board approve and authorize January 22,2007 as the date of the Public Hearing and authorize staff to publish notice of the Public Hearing (draft attached). Action Required by La Porte Development Corporation: Approve motion setting January 22,2007 as the Public Hearing date to authorize staffto publish said Public Hearing Notice. )/~ /P? Date / ( [DR-iiJT THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE PUBLIC HEARING NOTICE Notice is hereby given that a public hearing of the La Porte Development Corporation will be held at 5:00 P.M. on Monday, January 22, 2006, in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte Texas 77571. The Public is invited to attend the public hearing and make comments regarding a proposed project: The board will conduct a Public Hearing for the expenditure of funds related to the creation of jobs and job training found by the board to be suitable for the development or expansion of manufacturing facilities. The proposed manufacturing center is near the intersection ofFairmont Parkway and South Sixteenth Street and zoned light industrial. Project information is available Monday through Friday from 8:00 a.m. to 5:00 p.m. in the City Secretary's Office, 604 W. Fairmont Parkway, La Porte, Texas 77571. If you have any questions, please contact the City Manager's office at 281-471-5020. All interested persons are invited to attend and express any comments they have regarding the proposed project and the plan of financial participation relating to the La Porte Development Corporation. A regular meeting of the La Porte Development Corporation will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Corporation. Citizens wishing to address the Corporation pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by-Council. This facility has disability accommodations available. Requests for accommodations or interpretive services meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's Office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. I. The Sales Tax for Economic Development Public Hearing Requirement for Expending Section 48 Tax Proceeds A Section 48 corporation must hold at least one public hearing on a proposed project, including a proposal to expend funds on maintenance and operating expenses of a project.188 This hearing must be held before the corporation expends any Section 48 funds on the project. There is nothing in the Act that prohibits the Section 48 corporation from holding one public hearing to consider a group of Section 48 projects. After the projects have been considered at a public hearing and 60 days have passed since the first public notice of the nature of the projects, the development corporation is free to make expenditures related to the projects pursuant to the adopted budget. Public Notice Requirement and the GO-Day Right to Petition The public has a right to gather a petition objecting to a particular Section 48 project.189 The petition must be submitted within 60 days of the first published notice of a specific project or type of project and must be signed by more than 10 percent of the registered voters of the city. State law does not indicate what would constitute the first published notice of a project. A city should ensure that it provides 60 days notice of the specific project or the category of projects. If a petition is pursued by the public, the petition can ask that the city hold an election on the issue before that specific project or type of project is undertaken. If the petition is submitted in a timely manner and an election is required, the corporation may not undertake the project until the voters approve the project at an election on the issue. If the voters disapprove the project at the election, the Section 48 tax proceeds may not be used for that purpose. It is important to note that a petition cannot force an election on a project if the voters have previously approved the specific project or that general category of projects at an earlier election called under the Act. Cities that know what types of projects they want to undertake may be well advised to specifically list each of these types of projects in the ballot wording when the Section 48 tax is first considered by the voters. If the city includes each of these types of projects in the original ballot proposition, it can assert that the public has already approved that type of project at a prior election. In this scenario, the city arguably would not be required to call an additional election even if a petition were submitted regarding the project. Specific Costs of a Section 48 Project That May be Funded Cities must understand what general categories are available for expenditures. They additionally need to know what types of specific expenditures are contemplated within each of these categories. For assistance in understanding what is permitted under the Act, cities should review the definition of the term "cost" under Section 2(4) of the Act. Section 2(4) of the Act defines what costs may be applied to a Section 48 project. It states in pertinent part that costs for a project may include: a) Land and facility improvements: the cost of acquisition, construction, improvement, expansion of land, buildings, and acquisition of right-of-way. HANDBOOK on ECONOMIC DEVELOPMENT LAWSfor TEXAS CITIES 39 4 4B SALES TAX COLLECTIONS BY FISCAL YEAR, WITH CUMULATIVE PERCENTAGES ncrease ove ncrease ove ncrease ove Amount Cumulativ Prior Year Amount Cumulativ Prior Year Amount Cumulativ Prior Year Amount Cumulativ DEC 0.00% 74,981 8.33% 55,015 5.76% -26.63% 75,907 7.40% JAN 0.00% 37,601 12.51% 79,713 14.10% 112.00% 64,606 13.70% FEB 0.00% 95,607 23.13% 94,538 23.99% -1.12% 104,473 23.89% MAR 0.00% 70,694 30.99% 59,644 30.24% -15.63% 142,690 37.80% APR 0.00% 80,642 39.94% 72,576 37.83% -10.00% 60,014 43.66% MAY 0.00% 112,040 52.39% 98,620 48.15% -11.98% 104,497 53.85% JUN 0.00% 56,518 58.67% 66,398 55.10% 17.48% 65,130 60.20% JUL 0.00% 53,133 64.58% 76,268 63.08% 43.54% 62,891 66.33% AUG 0.00% 86,667 74.20% 102,538 73.82% 18.31% 105,048 76.57% SEP 50,484 26.74% 62,981 81.20% 24.75% 70,029 81.14% 11.19% 89,399 85.29% OCT 53,865 55.26% 71,969 89.20% 33.61% 80,628 89.58% 12.03% 70,177 92.14% NOV 84,472 100.00% 97,220 100.00% 15.09% 99,532 100.00% 2.38% 80,644 100.00% TOTAL 188,821 900,053 % 1::,. over PY 376.67% 955,499 % 1::,. over PY 6.16% 1,025,476 % 1::,. overPY 7.32% Avg % Inc 24.48% Avg % Inc 12.63% Avg % Inc 11.35% ncrease ove ncrease ove ncrease ove Amount Cumulativ Prior Year Amount Cumulativ Prior Year Amount Cumulativ Prior Year Amount Cumulativ DEC 70,749 7.68% -6.79% 66,358 6.65% -6.21 % 77,258 7.30% 16.43% 83,572 6.70% JAN 60,893 14.28% -5.75% 64,039 13.07% 5.17% 79,657 14.82% 24.39% 91,203 14.00% FEB 111,674 26.40% 6.89% 99,282 23.02% -11.10% 110,784 25.29% 11.58% 115,093 23.22% MAR 70,048 34.00% -50.91% 62,134 29.24% -11.30% 74,949 32.36% 20.62% 84,512 30.00% APR 61,288 40.65% 2.12% 59,095 35.17% -3.58% 70,284 39.00% 18.93% 95,383 37.64% MAY 87,036 50.09% -16.71% 107,656 45.96% 23.69% 108,753 49.28% 1.02% 135,514 48.50% JUN 77,799 58.54% 19.45% 85,247 54.50% 9.57% 67,672 55.67% -20.62% 104,076 56.84% JUL 71,445 66.29% 13 .60% 72,799 61.80% 1.90% 90,556 64.22% 24.39% 98,464 64.72% AUG 77,038 74.65% -26.66% 98,905 71.71% 28.38% 112,827 74.88% 14.08% 120,765 74.40% SEP 78,683 83.18% -11.99% 72,694 78.99% -7.61% 79,427 82.38% 9.26% 87,808 81.44% OCT 69,380 90.71% -1.14% 72,058 86.21 % 3.86% 87,055 90.60% 20.81% 102,022 89.61% NOV 85,593 100.00% 6.14% 137,559 100.00% 60.71% 99,485 100.00% -27.68% 129,680 100.00% TOTAL 921,625 % 1::,. overPY -10.13% 997,827 % 1::,. overPY 8.27% 1,058,708 % 1::,. overPY 6.10% 1,248,091 % 1::,. overPY 17.89% Avg % Inc -5.98% Avg % Inc 7.79% Avg % Inc 9.44% Avg % Inc 18.94% 1/2/2007 11 :05 AM