HomeMy WebLinkAbout04-23-07 Special Called Meeting of the La Porte Development Corporation Board of Directors
2
MINUTES OF THE SPECIAL CALLED MEETING OF THE LA PORTE DEVELOPMENT
CORPORATION BOARD OF DIRECTORS
April 23, 2007
1. Call to Order
Committee members called the meeting to order at 5:04 p. m.
Members Present: 4B Development Board - Bill Love, Chuck Engelken, Mike Clausen
Tommy Moser, and Pat Muston.
Members Absent: Trent Wise and Ed Matuszak
Staff Present: Interim City Manager John Joerns, City Secretary Martha Gillett, Assistant . I
City Attorney Clark Askins, Interim Finance Director Michael Dolby. 6r C'fe-nen 6/t:? Cl-
ft on om ,'( (Ji' (/{llop ftJe 111 Coo r /Ji'f\.a.-!o{
Others Present: Council member Mike Mosteit.
2. Motion was made by Board Member Engelken to approve the Minutes of the Joint Special
Called Meeting of the La Porte Development Corporation Board of Directors and La Porte
City Council held on March 26, 2007 with amendment showing Mike Clausen present.
Second by Board Member Moser. Motion carried unanimously.
Ayes: Bill Love, Mike Clausen, Pat Muston, Chuck Engelken and Tommy Moser.
Nays: None
Abstain: None
Absent: None
3. Consider approval or other action regarding a service agreement between the City of La
Porte and La Porte Development Corporation for a one (1) year term with the option for two
I-year renewals.
Assistant City Attorney Clark Askins recommended changes to the agreement. The Board
directed Mr. Askins to make the changes and bring back to the next board meeting for
approval.
It was the consensus of the board to receive an annual report allocating the costs.
4. 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)
SECTION - 551-072 - (PROPERTY SALE OR EXCHANGE)
MEET WITH INTERIM CITY MANAGER
AND CITY ATTORNEY FOR THE
PURPOSE OF DELIBERATING THE
PURCHASE, EXCHANGE, LEASE OR
Special Called Meeting of the La Porte Development Corporation - 4/2312007
VALUE OF REAL PROPERTY, IN
REFERENCE TO COUNTY HOTEL
PROJECT
SECTION - 551-087 - (ECONOMIC DEVELOPMENT)
MEET WITH INTERIM CITY MANAGER
AND CITY ATTORNEY, REGARDING
ECONOMIC DEVELOPMENT (PROJECT
AUSTIN POWERS)
MEET WITH INTERIM CITY MANAGER
REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS, TO
DISCUSS PROJECT CORVETTE
SECTION 551-087 - (ECONOMIC DEVELOPMENT)
The La Porte Development Corporation retired to Executive Session at 5: 10 p.m. and
returned to the Regular Meeting and reconvened at 5:56 p.m. with no action taken.
5. Considerations and Possible Action on items considered in Executive Session
6. Administrative Reports.
Interim City Manager John Joerns introduced the new Economic Development Coordinator
Gretchen Black.
Interim City Manager John Joerns and Interim Finance Director Michael Dolby provided
Administrative reports on the following:
The next meeting date was set for May ih and a notice of Public Hearing needs to be
published.
7. Board Comments
8. Adjournment
The meeting was duly adjourned at 5:59 p.m.
~tUti~pI1~
Respectfully submitted,
on thi1#aay of ,2007.
2
3
REQUEST FOR 4B BOARD AGENDA ITEM
Agenda Date Requested:
5/01/07
Bud!!et
Requested By: Gretchen Rlack
Source of Funds: 4B Board
Department: 4B Bond
Account Number: n/a
Report: X Resolution:
Ordinance:
Amount Budgeted: nla
Exhibits: Background information from 3-5-07 meeting
Amount Requested:
nlll
Exhibits: Public Hearin2 Power Point
Budgeted Item: YES X NO
Exhibits: Projed Overview Power Point
SUMMARY & RECOMMENDATION
At the March 5, 2007 meeting the Board agreed in principle to fund the additional $1.6 million
dollars needed to complete this joint venture project. The public hearing is the first step in that
process.
Staffwill be conducting a public hearing and presenting summary information for the Joint
Sports Complex between the City of Pasadena and the City of La Porte.
Action Required bv Board:
None.
A
Date
1!1?7
~~
Joint Venture Sports Complex
Project Report
4B Board Meeting
March 5, 2007
Overview
In 2002 citizens of La Porte approved the sale of General Obligation bonds to
provide: a) $1.2M for the development of the City's 33 acre west side park
property located on Canada Road, and b) $2M for the development of a youth
baseball complex. Since that time the City has undergone preliminary discussion
with the City of Pasadena and, to a lesser degree with Harris County, to
participate in a joint venture sports complex located just south of Fairmont
Parkway and east of the Pasadena Convention Center on land owned by the City
of Pasadena, but located in the City of La Porte's extra-territorial jurisdiction.
Council Direction
In September 2006 Council directed staff to implement a conceptual design and
preliminary cost estimate for the project. The report provided back by Randall-
Porterfield Architects, Inc. includes a conceptual design, and preliminary cost
estimate for the project, and is enclosed for your review.
Report Summary
Conceptual Design - The conceptual design shows a total of 23 fields, 9 of which
are designated as La Porte Fields and two "Shared Fields", % usage of each of
these fields would be designated for La Porte, making our total number of 10
fields. Pasadena would have 12 fields, with % usage of the two "Shared Fields",
making a total of 13 fields for their operations which is acceptable to them. This
design, while still conceptual, shows that we can get a working design that will
meet both cities' needs for the project. The design provides 920 parking spaces,
with overflow parking available through a pedestrian bridge and pathway to the
Pasadena Convention Center parking areas. The design also provides pavilions
for restrooms, concessions, and shelter from inclement weather, as well as play
areas that include basketball, volleyball and children's play activities, and a Dog
Park.
Preliminary Cost Estimate -The total preliminary numbers for the project,
including contingency and an 8% annual inflation factor, is $12,525,488. Overall,
through cost sharing, aggressive marketing, and design modification and
monitoring, the Pasadena and La Porte staff are confident that La Porte's share
of the project can be reduced to $3.5M.
FundinQ
The proposed agreement would split the funding on a 40%-60% basis, with the
City of La Porte funding approximately 40%, and the City of Pasadena funding
approximately 60% of the total project. As you may recall, the City of La Porte
has $2M ready for the project. Through the methods related in the previous
paragraph, staffs of both cities are confident that we can reduce the total cost of
the project to approximately $9M. The following is a summary of the proposed
cost savings, based on the preliminary cost estimate, and identified cost savings
measures. Council gave direction to sell Certificates of Obligation for the
additional $1.5M that will be required for the La Porte share.
Staff Recommendation
The La Porte Boy's Baseball Association is very much in favor of consolidating
their baseball operations for league play to a single location. Although if this plan
goes through, they will continue to practice at the Fairmont fields, I'm sure the
surrounding homeowners will be grateful for having organized activities end at 9
pm instead of 11 pm every night. The ability to consolidate games at one site will
allow them to provide their maintenance activities more effectively.
After discussing the project and issues brought forth, if Council directs us to
move forward with the project, we are proposing the following action plan:
· Prepare an Interlocal Agreement between the two cities for Design
Services. The Selection process for the architect/engineering firm
would be included in the agreement. This agreement should take 120-
150 days to complete.
· A second Interlocal Agreement would then be presented, for
Construction and Operations, with assigned areas of operational
responsibility and facility oversight. Construction of the facility,
depending on weather and other considerations, should also be
completed in 120-150 days. Given lead time and contingencies, the
entire project should be completed somewhere in the last quarter of
2007 or first quarter of 2008.
· Council should note that once a decision has been made on the joint
venture sports complex, we can move forward with design of the
Westside park property. The design concept is set for the park, but will
require changing if the joint venture project is scrapped.
FinancinQ Options
Michael Dolby will discuss potential funding options for this project.
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4
REQUEST FOR 4B BOARD AGENDA ITEM
Agenda Date Requested:
5/01/07
Bud2et
Requested By: Gr~tch~n Rlack
Source of Funds: 4B Board
Department: 4B Board
Account Number: 038-6030-565-5007
Report: X Resolution:
Ordinance:
Amount Budgeted: $3,000
Exhibits:
Reimbursement Agreement
Amount Requested:
Exhibits:
Budgeted Item: YES X NO
Exhibits
SUMMARY & RECOMMENDATION
A request by the City to enter into an agreement for services by and between the City and the La
Porte Development Corporation for reimbursement of funds related to services provided to the
Board by city staff and/or their agents and consultants. There is no existing agreement between
the Board and the City.
Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost
plus 5%. Staff anticipates requesting reimbursement only at the end of the fiscal year and that
the costs to be billed to the Corporation will be approximately $3,000 annually.
The term of the agreement is one year, with two subsequent one year renewals as agreeable to
both parties.
Staff recommends approval of the agreement.
Action Required bv Board:
Consideration and approval of the agreement.
Date
Jf /01/07
. I (
AGREEMENTFORSER~CESBYANDBETWEEN
THE CITY OF LA PORTE, TEXAS, AND THE LA PORTE DEVELOPMENT CORPORATION
(SECTION 4B % CENT SALES TAX)
THIS AGREEMENT (this "Agreement"), effective as of May;t:L, 2007, is made by and between the
CITY OF LA PORTE, TEXAS, a municipal corporation and a home-rule city in the State of Texas (the
"CITY"); and the LA PORTE DEVELOPMENT CORPORATION, a nonprofit local government corporation
organized and existing under the laws of the State of Texas (the "CORPORATION").
RECITALS
WHEREAS, the CORPORATION desires to secure services of the CITY to assist the
CORPORATION in the performance of its functions, services, and duties;
NOW, THEREFORE, for and in consideration of the mutual undertakings herein contained, the
CORPORATION and CITY agree as follows:
I.
CITY agrees to assist the CORPORATION in its scope of services as defined by Section II and
Section IV of the "AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA
PORTE DEVELOPMENT CORPORATION" for a term of one (1) year commencing upon the date of
execution of this agreement by both CITY AND CORPORATION, with an option to renew this agreement for
two additional one (1) year terms, subject to the agreement of both parties. This agreement is subject to
termination at any time without cause by either party giving ninety (90)-day written notice to the other.
II.
CITY shall receive compensation for services referred in Section I above in an amount equal to the
direct salary costs plus 5% of City personnel performing services anticipated by this agreement. Payment for
these services shall be made by CORPORATION annually at the end of CITY's fiscal year, and shall be due
within thirty (30) days upon receipt of written invoice from CITY. In all other cases, payment shall be made
upon termination of this Agreement or as otherwise agreed to in writing by both parties.
Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost plus 5%
and paid within thirty (30) days upon receipt of written invoice from CITY, or as determined by separate
agreement with consultant or provider.
III.
CITY will procure, to CORPORATION'S account, supplies, materials, equipment, and services,
utilizing funds allocated in CORPORATION'S approved budget (La Porte Development Corporation _
Section 4B ~ Cent Sales Tax Fund), for the services provided by the CITY on behalf of CORPORATION.
CITY shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies
and materials necessary for the services provided.
IV.
CITY is retained by CORPORATION only for the purpose and to the extent set forth in this
Agreement, and City's relation to CORPORATION, during the period of this Agreement, is that of an
independent entity, and CITY shall be free to dispose of such portion of its entire time not required to satisfy
the terms of this Agreement in any manner it deems advisable. CITY shall not be considered an employee of
CORPORATION.
V.
CITY shall be required to operate within the current guidelines of its governing body and shall notify
CORPORATION of any possible conflicts with such guidelines, as soon as practicable after the occurrence of
said possible conflicts.
VI.
CITY hereby assumes entire responsibility and liability for any and all damage or injury of any kind or
nature whatever to all persons, whether employees of CITY or otherwise, and to all property caused by,
resulting from, arising out of, or occurring in connection with the services provided for in this Agreement and
if any person shall make a claim for any damage or injury as herinabove described, whether such claim may
be based upon the CORPORATION'S alleged active or passive negligence or upon any alleged breach of any
statutory duty or obligation on the part of the CORPORATION, the CITY agrees to indemnify and save
harmless the CORPORATION, its agents, servants, and employees from and against any and all loss, expense,
damage, or injury that the CORPORATION may sustain as result of any such claims and the CITY agrees to
assume, on behalf of the CORPORATION, the defense of any action at law or in equity, which may be
brought against the CORPORATION upon such claim and to pay on behalf of the COPORATION, upon its
demand, the amount of any judgment that may be entered against the CORPORATION in any such action.
VII.
Before commencing the services, the CITY shall procure and maintain liability insurance, at its own
expense, and procure and maintain workers' compensation and employee liability insurance in accordance
with the laws of the State of Texas. The CITY agrees that nothing contained in this paragraph shall limit or
release the CITY from its obligations otherwise provided for in this Agreement, including assumption of
liabilities and indemnifications to the CORPORATION.
If the CITY fails to procure and maintain at least the above insurance, the CORPORATION shall have
the right to procure and maintain the said insurance for and in the name of the CITY, and the CITY shall pay
the cost thereof and shall furnish all necessary information to make effective and maintain such insurance.
VIII.
The CITY for the compensation provided for herein, hereby agrees to pay and shall hold the
CORPORATION harmless against the payment of all contributions, taxes, or premiums which may be payable
under Federal, State, or Local laws arising out of the performance of the work.
IX.
If either the CITY or CORPORA nON believes it has a claim of any nature whatsoever against the
other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim
within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the
occurrence of the event upon which such claim is based. In default of such notice the claim is waived.
x.
All matters relating to the validity, performance, interpretation, or construction of this Agreement or
the breach thereof shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day
and year first above written.
CITY OF AA PORTE 0
By: Ult-~L \~
Alton Porter, Mayor
5 ~ ~iJ 7
Date
ATTEST:
:; PORTEe1:UORPORATION
Chairperson, Board of Directors
S 1--1J /}
Date
ATTEST: \
~()j;l:/Lt1,#d
Secretary, Board of Directors