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Home My WebLink About07-22-19 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDONLUNSFORD CouncilmemberAt Large A STEV E G I L L ETT CouncilmemberAt Large B DANNY EARP Cauncilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Mayor Pro -Tern Cauncilmember District 3 THOMAS GARZA Cauncilmember District 4 JAY MARTIN Cauncilmember District 5 NANCY OJ EDA Cauncilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 22, 2019, beginning at 6:00 pm in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Pastor Philp Dunn, Lighthouse Baptist Church. PLEDGES —Will be led by Councilmember Brandon Lunsford. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Recognition - Float Entry Winners for the 4th of July Parade [Mayor Louis R. Rigby] (b) Recognition of the Employees of the Second Quarter 2019 - Sharon Harris, Deputy City Secretary, and LPPD Patrol Officer Luis Gonzalez. [Mayor Louis R. Rigby] 4. PUBLIC COMMENTS (Limited to five minutes per person.) 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the City Council meeting held on July 8, 2019. [Mayor Louis R. Rigby] (b) Award Bid Number #19015 for Hillridge Water Plant Improvements Phase II. [Ray Mayo, Interim Public Works Director] 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3748 amending the Code of Ordinances of the City of La Porte, Chapter 106 'Zoning' by granting Special Conditional Use Permit #19-91000004, to allow for the redevelopment of the existing pre -check truck facility on a 20.769-acre tract of land located at 900 E. Barbours Cut Blvd., and legally described as Reserve A, Block 1, Port of Houston Authority, followed by discussion and possible action to consider adopting Ordinance 2019-3748 amending the Code of Ordinances of the City of La Porte, Chapter 106'Zoning' by granting Special Conditional Use Permit #19-91000004, to allow for the redevelopment of the existing pre -check truck facility on a 20.769-acre tract of land located at 900 E. Barbours Cut Blvd., and legally described as Reserve A, Block 1, Port of Houston Authority. [Ian Clowes, City Planner] (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3749 amending the Code of Ordinances of the City of La Porte, Chapter 106 'Zoning' by granting Special Conditional Use Permit #19-91000005, to allow for additional senior living units in the Morgan's Landing development on a 9-acre tract of land located at 3300 Bay Area Blvd., and legally described as Reserve C, Block 1, Bay Area 28, followed by discussion and possible action to consider adopting Ordinance 2019-3749 amending the Code of Ordinances of the City of La Porte, Chapter 106 'Zoning' by granting Special Conditional Use Permit #19-91000005, to allow for additional senior living units in the Morgan's Landing development on a 9-acre tract of land located at 3300 Bay Area Blvd., and legally described as Reserve C, Block 1, Bay Area 28. [Ian Clowes, City Planner] (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial", followed by discussion and possible action regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial". [Ian Clowes, City Planner] (d) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19- 92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, followed by discussion and possible action to consider adopting Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. [Ian Clowes, City Planner] (e) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district; Discussion, and possible action to consider adopting Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19- 91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district. [Ian Clowes, City Planner] (fJ The City Council will hold a public hearing to receive comments regarding a recommendation by the La Porte Fire Control, Prevention, and Emergency Medical Services District Board to adopt proposed budget for the fiscal year which begins October 1, 2019, as approved by the Board of Directors of the District at its meeting held on June 18, 2019; consider approval of proposed budget of the La Porte Fire Control, Prevention, and Emergency Medical Services District. [Donald Ladd, Assistant Fire Chief] (g) The City Council will hold a public hearing to receive comments regarding a recommendation by staff to deny retail electric rate increase proposed by CenterPoint Energy Houston Electric, LLC for customers within the City of La Porte; discussion and possible action to consider adopting Ordinance 2019-3753, denying retail electric rate increase proposed by CenterPoint Energy Houston Electric, LLC., for customers within the City of La Porte. [Corby Alexander, City Manager] 7. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt Ordinance 2019-3754, amending the La Porte Code of Ordinances Chapter 22, "Businesses", regarding regulation of massage business establishments. [Councilpersons Garza, Lunsford, and Bentley] (b) Presentation, discussion, and possible action on a presentation regarding salary for certain City positions [Matt Hartleib, Human Resources Manager] 8. REPORTS (a) Receive report of the La Porte Development Corporation Board Meeting. [Councilmember Nancy Ojeda] 9. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee Meeting, Monday, August 12, 2019 • Budget Workshop Meetings, week of August 12th • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • City Council Meeting, Monday, August 26, 2019 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 11. EXECUTIVE SESSION City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding City Secretary Lee Woodward. City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding City Manager Corby Alexander. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the July 22, 2019, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all tines, and to the City's website, www.LaWrteTXgov, in corrpliance with Chapter 551, Texas Governrrent Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward, City Secretary Council Agenda Item July 22, 2019 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Pastor Philp Dunn, Lighthouse Baptist Church. PLEDGES —Will be led by Councilmember Brandon Lunsford. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Recognition - Float Entry Winners for the 4th of July Parade [Mayor Louis R. Rigby] (b) Recognition of the Employees of the Second Quarter 2019 - Sharon Harris, Deputy City Secretary, and LPPD Patrol Officer Luis Gonzalez. [Mayor Louis R. Rigby] 4. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** The Rotary Club of La Porte hosted an impressive and very successful Fourth of July Parade. This annual tradition has grown throughout the years and this year, awards were given to the best floats. Over a dozen floats competed, and we are pleased to recognize this year's winners: • Most Original Float went to Scout Troop 930 with their "One Last Parade Flag Retirement" float. • 1st Place - Next Level Dance — Dance Across America • 2nd Place - Frank's Collision with George and Martha Washington • 3rd Place - Cross Fit 146 - Make America Fit Again Also, we give heartfelt thanks to our La Porte Rotary organization, the volunteers from our Citizens Police Academy, the LPHS Interact students and City staff that participated in making the July 4th Parade something the citizens of La Porte are very proud of. A special "thank you" to the founder of our Independence Day parade, George Watkins - Thank you, George, and thanks to everyone in connection with the event. It is something we look forward to every year, and are very proud to have in our City. Presentation to be made at the meeting Council Agenda Item July 22, 2019 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the City Council meeting held on July 8, 2019. [Mayor Louis R. Rigby] (b) Award Bid Number #19015 for Hillridge Water Plant Improvements Phase II. [Ray Mayo, Interim Public Works Director] ****************************************************************** LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE J U LY 8, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MARTIN Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, July 8, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Pastor Ben Rosenberger of Bayshore Baptist Church. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Steve Gillett. 3. PRESENTATIONS, PROCLMATIONS, AND RECOGNITIONS (a) Proclamation in recognition of Park and Recreation Month. [Mayor Louis R. Rigby] 4. PUBLIC COMMENTS (Limited to five minutes per person.) There were no comments offered. 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting) (a) Approve the minutes of the meeting held on June 24, 2019. [Mayor Louis R. Rigby] (b) Approve renewal of contract with SHI (Software House International) for use of the Microsoft Office 365 platform. [Grady Parker, IT Manager] (c) Approve an interlocal agreement between Harris County and the City of La Porte regarding the extension of a freeway non -consent towing program to the City of La Porte, for the towing of disabled vehicles from roadways. [Ron Parker, Chief of Police] (d) Authorize the City Manager to execute a professional services agreement with Lockwood Andrews & Newman, Inc., to provide preliminary engineering services for the Northside Neighborhood Drainage Improvement Project, in the amount of $59,530.00. [Lorenzo Wingate, P.E., City Engineer] Councilperson Engelken moved to approve the consent agenda; the motion was adopted, 9-0. 6. STATUTORY AGENA (a) Presentation, discussion, and possible action directing staff to revise the listing of Capital Improvement Projects for funding in Fiscal Year 2019-2020. [Michael Dolby, Finance Director] Mayor Rigby moved to direct staff to revise the listing of General Fund Capital Improvement Plan (CIP) projects for funding in Fiscal Year 2019-2020 by removing the South 7th Street Paving and Drainage for $2,865,000; considering the revised design for Five Points Restroom and Pavilion in August; and changing the Public Works Facility (Design) to a Preliminary Engineering Report (PER) for $75,000; and to research Page 1 of 2 July 8, 2019, Council Meeting Minutes alternate funding for the remaining protects; the motion was adopted, 8-1, Councilperson Garza voting against. (b) Presentation, discussion, and possible action to approve a nominations(s) to fill an open positon(s) on the Fiscal Affairs Committee [Mayor Louis R. Rigby] No nominations were made. 7. REPORTS (a) Receive a report on the Drainage and Flooding Committee meeting. [Councilperson Jay Martin] Councilperson Martin reported on the Drainage and Flooding Committee meeting held at 5:00 p.m., noting updates were received from Jeremy Ratcliff of the Harris Council Flood Control District (HCFCD) and City Engineer Lorenzo Wingate. 8. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, July 18, 2019 • City Council Meeting, Thursday, July 22, 2019 • Zoning Board of Adjustment Meeting, Thursday, July 25, 2019 City Manager Corby Alexander said there were no reports to be given. 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilpersons congratulated the Parks and Recreation Department on their proclamation; thanked City employees and the Rotary Club for a wonderful Fourth of July parade and events; offered gratitude to LPPD, Code Enforcement, and other City departments who helped out a local veteran in recovery; recognized the City Manager and Finance Director for the CIP discussion and suggested bringing forth guidelines for future budget discussions; thanked EMS for the good job they do all the time; acknowledged the assistance of the City Manager and staff on a proposed electric line project for working with Harris County to find a better solution; gave appreciation to the staff and Council for patience while a new member worked through tonight's budget discussion; reported on a visit this morning with former Mayor Virginia Cline. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 7:57 p.m. Lee Woodward, City Secretary Page 2 of 2 July 8, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 7-22-19 Requested By: Ray Mayo Department: Public Works Report ir Resolution 1�'°' Ordinance Exhibits: Bid Tabulation Engineer's Estimate Engineer's Letter of Recommendation Access Report Public Purchase Access Report CivCast W. W. Payton Bid Appropriation Source of Funds: 003 Account Number: 00370855335120 Amount Budgeted: $ 1,210,689 Amount Requested: $ 1,128,750 Budgeted Item: i; Yes ir No SUMMARY Sealed bid #19015 for the Hillridge Water Plant Improvements Phase II Re -bid was publicly opened and read on June 25, 2019. The bid was advertised in the Bay Area Observer on May 2 and May 9, 2019, and posted on the City of La Porte website, Public Purchase and CivCast. There were ninety-seven (97) vendors notified with thirty-seven (37) downloading the bid documents from Public Purchase. The access report for CivCast indicated two -hundred eleven (211) plan holders. Six contractors submitted bids. W.W. Payton Corporation submitted the lowest bid in the amount of $1,075,000. The previous bid #19011 returned only one respondent. The bid was rejected by City Council on May 13, 2019. The bidding period was extended to allow for more responses and the construction time was extended to 365 days for substantial completion. References were checked for W.W. Payton Corporation, all returned favorable responses. Staff recommends awarding the project to W.W. Payton Corporation in the amount of $1,075,000.00 with a total project allocation of 1,128,750.00 which includes a 5% construction contingency in the amount of $53,750.00. Project Benefits, Liabilities and Operating Costs Benefits: • The proposed project will provide a Booster Plant building that meets code and current TCEQ standards. The project will upgrade the electrical service to the facility and will incorporate an energy efficient motor control center. The project will increase the pumping capacity and equipment redundancy by adding one 40 Horsepower booster pump. Liabilities: • The scope and cost of the proposed work would likely increase if the proposed project is deferred for an extended period of time. Operating Costs: • It is anticipated that maintenance costs and electrical costs will decrease with the addition of a new structure with energy efficient components. RECOMMENDED MOTION Move to consider approval or other action to award Bid 19015, Hillridge Water Plant Improvements Phase II Rebid to W.W. Payton Corporation and authorize the City Manager to enter into a construction contract in the amount of $1,075,000.00, with a total project allocation of $1,128,750.00 including a 5% construction contingency in the amount of $53,750.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Qz z 000 oa ME oo oo 0000 a J m �a a00 cli �Q O HL Mw rn � v v I I v Q �- Z ° v 4- o 0 O v v v •- c M,. U H Q w w w (R N H W U O O yo 0 m a v v 0 0 (O M 0 N 0 V 0 0 0 0 O Ih m 04 O G}- 14 - - - o i» - p H Q Avvmvm U G W IL _ Qz o oo o 0 0 0 v - v - v ro v c d a w w w w N I��n Q Z8 8 8o u°i v�i J c; I- Q m H m m L I IT ool 1 LE _ Qz 00 0 v v c O1 a U a � w U F o 0cl - - - 0 o LEI 0 Z J U U W U U ° m N - s o o- c_ o ° _ mv� v 'vim o� E� �'� r r- v �� r r r r a _ i _ - - - - - - - ' o - _ - - ° - o m o m m o z m m z _ Twos U - - - - - _ - - _ - - _ 3" N a ..2 3 N a 3 m J o O -_ -- v - - a m r z - = a r o m z o a r _ - W_ -_ W J J W J Or R O1 a c U - a 3 m 3 c v E Q— S a o c o r W 2 E o = r W = �°' FoF - - m o G_ d Or ZO o 5 - o 3 Ea G _ o o 7 w`o U 7 U a na== o =`-o - o aoGUEQ-_- �0 s''`�;a ° 0 a U o_ u? d o? c_ - = m a? c? a _„v O r O o E m o c m? a' o a m '" E_ 3 G = - o Q __ - O ° m r O r r s v ? > 3 v m o s m c s -_ 3 m U _ m e c w m s s v a s c~ 'v° c w; o w w -� _ a„ w Era°, ¢ m w v m°o _ w o 2 v N a ° - r° a` ci E o— v o o _ E o m U o lea o r v mE ?_ -0000° _--mc7o"=�= -o� - aa-�o _ °0v> u� —o� - a _ _ ___ a��.am Wes` -m=v=va` a -ovv - - _= - _ oa�v .. _- - -�__ ° `-0� - �w� - ° o o --- --� �__ �� oU Jm° Go - — wow° — vom Wv' m�in ci= oEvo v�vinm vi° _ __�"__via— �v�mv�o °wm _ a_= =ww °ci cn N a N 011pllinloin of Probable Cost 0 Ell 1".;4< Project City of La Porte Hillridge Water Plant Item Quantity System lBooster Pump Station - February 23, 2018 Unit Unit Cost Total Cost civil 4" Thick Sidewalk 285 SF $ 8 $ 2,280 Remove, disposal and Replace Class A Concrete for 6" Driveway 1200 SF $ 15 $ 18,000 Remove Existing Fence 75 FT $ 8 $ 600 8' Chain Link Fence 90 FT $ 60 $ 5,400 Chain Link Fence, Access Gate, 12' Wide I EA $ 1,000 $ 1,000 Subtotal $ 27,280 Structural Monorail runway beam 39 LF $ 82 $ 3,179 Reinforced concrete floor slab, 6" thick 1000 SF $ 8 $ 8,000 Reinforced concrete grade beams 209 LF $ 55 $ 11,495 Fill removal & disposal 112 BCY $ 20 $ 2,240 Granular fill placement & compaction, 6" thick 700 SF $ 3 $ 2,100 Select fill placement & compaction 70 BCY $ 31 $ 2,170 Subtotal $ 29,184 ArchiteOurol Precast Concrete Pump/Control Building 10001 SF $ 174 $ 174,000 Subtotal 174,000 Process 8" Gate Valve 2 EA $ 1,550 $ 3,100 10" Gate Valve I EA $ 2,500 $ 2,500 12" Gate Valve I EA $ 3,000 $ 3,000 12" Gate Valve and Box 2 EA $ 3,250 $ 6,500 8" Check Valve 2 LF $ 4,400 $ 8,800 10" Check Valve I EA $ 7,100 $ 7,100 8" Water Line, Ductile Iron Piping and Fittings 85 LF $ 80 $ 6,800 10" Water Line, Ductile Iron Pipe and Fittings 50 LF $ 100 $ 5,000 12" Water Line, Ductile Iron Pipe and Fittings 165 LF $ 120 $ 19,800 600 gpm 40 hp Pump 2 EA $ 19,200 $ 38,400 1,100 gpm 60 hp Pump I EA $ 25,800 $ 25,800 New Tank Penetration for Suction Line I IS $ 15,000 $ 15,000 Chlorination Equipment 11 IS I $ 35,000 1 $ 35,000 Subtotal $ 176,800 Mechanical &'Plum6ing louvers, fans, and split system I L $ 20,500 $ 20,500 Subtotal $ 20,500 Motor Control Center I IS $ 185,000 $ 185,000 Autosensory Panel I IS $ 55,000 $ 55,000 Conduit & Conductors I IS 1 $ 60,0001 $ 60,000 Miscellaneous Equipment I IS $ 47,500 $ 47,500 Subtotal $ 347,500 Direct Costs Subtotal of Direct Costs 775,264 Contingency 15.0% % $ 116,290 tub"Totoll With Contingency $ $91,554 Mobilization and Demobilization 5.0% % $ 44,578 Contractor CH&P 10.0% % $ 89,155 Insurance and Bonds 2.0% % $ 17,831 Prime Construction Contract Total $ 1,043,118 Page 1 of 1 July 2, 2019 Mr. Ray Mayo Assistant Director of Public Works City of La Porte, Texas 2963 N. 23rd Street La Porte, TX 77571 Re: Letter of Recommendation Hillridge Water Plant Improvements Project — Phase It City of La Porte, Texas City Bid #19015 HDR Job No. 16-064 / 19-014 Dear Mr. Mayo: On June 25, 2019, the City received six (6) bids for the above referenced project. The following is a summary of our bid evaluation, Bid Tabulation Sheet — Six (6) construction firms, participated in the bidding process. Each bid was checked for mathematical errors and/or bid irregularities. Errors were discovered on three of the bids. Appropriate corrections to the errors were made and included in the attached bid tabulation. The errors did not affect the order of the bids. The project was bid with Base Bid items, Supplemental Items, and Cash Allowance Items. The Base Bid included the construction of a 50'x20' Precast Concrete Booster Station Building and the installation of the chlorine disinfection system and the electrical system. Cash Allowance Items were included for electrical service and controller programming. The corrected bid totals for the project received from the six firms are as follows: Contractor Total Bid Amount W.W. Payton Corporation $1,075,000.00 R&B Group, Inc. $1,103,375.00 Sustanite Support Services, LE $1,112,500.00 B5 Construction Company, Inc. $1,168,899.00 Black Castle General Contractor $1,250,080.00 Resicom, Inc. $1,752,174.00 A copy of the bid tabulation is attached in Section I of this report. TeleRhone Conversations with References — HDR contacted references provided by the lowest responsive bidder, W.W. Payton Corporation, and asked them to respond to a questionnaire. HDR received overall good ratings on their previous projects of similar size and nature. The references 4828 Loop Central Drive, SLAG 800, Houston, TX 77081-2220 T (713) 622-9264 F (713) 622-9265 Texas Registered Engineering Finn F-754 indicated that they were satisfied with the work W.W. Payton had performed and would use them again in the future. A copy of the questionnaires are attached! in Section 2 of this report. In addition, WN. Payton has also recently completed a project of similar size and nature with HDR for another local municipal client. HDR was satisfied with their overall performance and quality of workmanship. Required Bid Documents & Statement of guallfications, — W.W. Payton submitted all of the required City of La Porte forms with their bid and provided a Statement of Qualifications Package Including information about the company, references, completed and working: projects and equipment owned. A copy of the submitted forms and the statement of qualifications are attached in Section 3 of this report. In summary, W.W. Payton Corporation appears to be a responsible firm that should be capable of performing the specified work in a satisfactory manner. For these reasons listed above, HDR recommends that the City of La Porte award the Hillridge Water Plant Improvements — Phase 11 Project to W.W. Payton Corporation for a total bid amount of One Million, Seventy Five Thousand Dollars and Zero Cents ($1,076,000,00). If you have any questions, please feet free to contact us. Sincerely, Aeerin,, Inc. F:M Page 2 of 2 Date, 7/1/2019 Project: Hillridge Water Plant Improvements, Phase 11 Owner: City La Porte, Texas Construction Cost: $1.1 Mililion Contractor: W. W. Payton Corporation Year Completed: On -Going Reference Name: Teague Harris, company: IDS Engineering Group Email: Spoke on the phone, P. E. 713-462-3178 Dear Mr, Harris, K W. Payton Corporation is the apparent low bidder for the City of La Porte Hillridge Water Plant Improvements Project, Phase it, and has submitted your name as a reference. Reference responses will be included in [ADl R's Bid Evaluation and Letter of Recommendation for this project. HDR would appreciate your time in rating your experience with this Contractor. Please circle the nurnber corresponding to the response which best indicates your opinion of the Contractor as it relates to each item. Excellent Above Average Below Poor Average Average Rate the Contractor's overall performance and quality of work IS 9 8 7 6 5 4 3 2 1 No Opinion Rate the Contractor's construction supervision & project 109 8 7 6 5 4 3 2 1 No Opinion management teams Rate the Contractor's ability to complete the project within the 10 \_0'1/ 8 7 6 5 4 3 2 1 No Opinion time allotted Were there any change orders on the project? If so, what were Yes, always reasonable, fair and honest. the reasons? Were they reasonable? -Provide similar costs to other contractors Rate the Contractor's responsiveness to warranty work 10 8 7 6 5 4 3 2 1 No opinion requests, and the quality of the warranty work. 11� Rate the Contractor's restoration and clean-up work. 10 C�) 8 7' 6 5 4 3 2 1 No Opinion Would you want to work with this Contractor again? Yes Thank you for your time in participating, in the proposal evaluation process for this project, Sincerely, Additional notes: Mr. Harris says KK Payton is one of the best contractors for Ryan NOROMV, v F,.' water plant work and that this line of work is the Contractor's specialty. He even says that he requests W.W. Payton to bid on any relevant work IDS has 4828 Loop Central Drive, Suite 800, Houston, TX 77081-2220 T (713) 622-9264 F (713) 622-9265 Texas Registered Engineering Firm F-754 loillool)� Date: 7/1/2019 Project! Hillridge Water Plant Improvements, Phase 11 owner: City LaPorte, Texas Construction Cost: $1.1 Mlillion Contractor: W. W. Payton Corporation Year Completed, On -Going Reference Name: Tommy Woolley company: City of Conroe Email: twoolleyiPpitypfconroe.or Dear Mr. Woolley, W. W. Payton Corporation is the apparent low bidder for the City of La Porte Hillridge Water Plant Improvements Project, Phase 11, and has submitted your name as a reference. Reference responses will be included in HDR's Bid Evaluation and Letter of Recommendation for this project. H'DR would appreciate your time in rating your experience with this, Contractor. Please circle the number corresponding to the response which best indicates your opinion of the Contractor as it relates to each item. Excellent Above Average Below Poor Average Average Rate the Contractor's overall performance and quality of work 10 8 7 6 5 4 3 2 1 No Opinion Rate the Contractor's construction supervision & project 10 9 "_-� 7 6 5 4 3 2 1 No Opinion management teams Rate the Contractor's ability to complete the project within the 10 09 8 7 6 6 4 3 2 1 No Opinion time allotted Were there any change orders on the project? If so, what were Yes, one for extra geotechnical services. Yes, only the reasons? Were they reasonable? $800 for an additional services needed for the tank. Rate the Contractor's responsiveness to warranty work 10 9 (�B:) 7 6, 5 4 3 2 1 No Opinion requests, and the quality of the warranty work. Rate the Contractor's restoration and clean-up work. 10 (�) 8 7 6 5 4 3 2 1 No Opinion Would you want to work with: this Contractor again? Yes, we would hire them again Thank you for your time In parlicipating in the proposal evaluation process for this project. Sincerely, Additional notes- 4828 Loop Central Drive, Suite 800, Houston, TX 77081.2220 T 1713) 622-9264 F (713) 622-9265 Texas Registered engineering, Firm F-754 01 � Al, "A"", i T, - IZ, 5 Project: Hillridge Water Plant Improvements, Phase 11 Owner: City La Porte, Texas Construction Cost: $1.1 Million Contractor: W. W. Payton Corporation Year Completed: On -Going Reference Name: Jim Cartwright, Company: Langford Engineering P. E. zmail: Spoke on the phone, 713-461-3530i Dear Mr. Baker, W. W. Payton Corporation is the apparent low bidder for the City of La Porte Hillridge Water Plant Improvements Project, Phase 11, and has submitted your name as a reference. Reference responses wilt be included in HDR's Bid Evaluation and Letter of Recommendation for this project. HDR would appreciate your time in rating your experience with this Contractor. Please circle the number corresponding to the response whiich best indicates your opinion of the Contractor as it relates to each item, Excellent Above Average Below Poor Average Average Rate the Contractor's overall performance and quality of work & 9 8 7 6 5 4 3 2 1 No Opinion Rate the Contractor's construction supervision & project 10 (D 8 7 6 5 4 3 2 1 No Opinion management teams Rate the Contractor's ability to complete the project within the time allotted Were there any change orders on the project? If so, what were the reasons? Were they reasonable? Rate the Contractor's responsiveness to warranty work requests, and the quality of the warranty work. Rate the Contractor's restoration and clean-up work. Would you want to work with this Contractor again? 10 8 7 6 5 4 3 2 1 No Opinion Js needed, and not to drive up project price 10 (D8 7 6 5 4 3 2 1 No opinion 10 (—Q—) 8 7 6 5 4 3 2 1 No Opinion Yes Thank you for your time in participating in the proposal evaluation process for this project. Additional notes: Sincerely, W.W. Payton has done an extensive rehab of Water Plant #1 in Ryan Nakelby, Harris County MUD, #33 that is similar in scope to that of the proposed Hillridge Project. Mr, Cartwright noted that the Contractor worked very well with a re-s,coping of a previous project, 4828 Loop Central Drive, Suite 800, Hoimton, TX 77081-2220 T (713) 622-9264 F 1713) 622-9265 Texas Registered Engineering Firm F-754 Submitted to: City of La Porte M Principal Office: 30655 F.M. 529, BROOKSHIRE, TEXAS 77423 Mailing Address: P.O. BOX 1056, KATY, TEXAS 77492-1056 (Corporation) The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereafter made. M How many years has your organization been in business, as a general contractor under your present Business name? 28 How many years' experience in this type of construction work has your organization had: (a) as a general contractor? 28 (b) as an electrical contractor? 28 3. What projects has your organization completed? See the attached Supplemental Information (SI-1) 4. Have you ever failed to complete any work awarded you? No If so, where and why? N/A 5. Have you completed any projects within the area of this project? Yes If so, when, where & what? We have completed..various water plants within Harris, Fort Benq, Brazoria, Galveston & Montgomery Counties. We do all phases of construction including civil, mechanical and electrical with our construction forces. 6. 'The work, if awarded you, will have the personal supervision of whom? a. For administrative management? Eric A. Sliva / Chad J. Payton b. For gtneral construction superintendence? Dana L. Nelson 1) What experience does the designated General Construction Superintendent have in this type of work? All excavation & dirt, all structural items, all mechanical & electrical (including SgAPA)_and various. Other items. QUALIFICATION STATEMENT 7. What equipment do you own that is available for the proposed work? We own our own bulldozers, backhoes, loaders and various sizes of trucks and trailers. All hand, power & motorized tools and a "ui ment required to accomplish the construction connected with this proposed contract is owned by W, W. Payton Co oration and are maintained in a new or first-class service condition. Other c ui ument re uired an a tem rarer ar occasional basis is rented or leased, as required. We also have required instrumentation & test equipment for electrical work. 8. Do you have adequate bonding capacity to provide a performance bond and labor and material pa men bond for this project? What is your available bonding capacity? Yes 9. List the construction projects your organization has underway on this date. Please see the attached Supplemental Information (SI-2) 10. Banking Reference - Austin County State Bank 43,6 South Front Street.... Bellville, Texas 77418 Ph: (979) 8'65-4200 Contact: Jim O'Jibway 11. Accountant - Morris, Ligon & Rodriguez 13333 Southwest Freeway #190, Sugar Land, Texas 77478 Ph: (713) 242-2400 Contact: Steve Ligon 12. Surety Company - Hartford Fire Insurance Company c/o Marsh & McLennan Agency 2500 City West BLVD, Suite 2400 Houston, Texas 77042 Ph: (713) 780-6100 Contact: Glen Odell, Agent QUALIFICATION STATEMENT W. W. Payton Corporation (Name of Organiz-ati P Wesley W. Payton — President STATE OF TEXAS Wesley W. Payton, being duly sworn, deposes and says that he is the President of the above W. W. Payton Corporation and that the answers to the foregoing questions and all statements there in contained are true and correct. My Commission Expires: 9-12-2022 Sworn to before me this 25th day of June, 2019 otary,,Tublic) I��'aerfy Campbell KIMBERLY CAMPBELL My Nob" ID 9131720413 Expires September 12,2022 Access Report Agency City of La Porte (TX) Bid Number 19015 Bid Title HILLRIDGE WATER PLANT IMPROVEMENTS PHP Vendor Name Accessed First Time Most Recent Access aztec remodeling &landscaping 2019-05-02 09:56 AM CDT 2019-06-18 10:41 AM CDT Tukmol General Contractor 2019-05-03 02:29 AM CDT 2019-05-03 02:29 AM CDT North America Procurement Co2019-05-08 02:21 AM CDT 2019-06-21 03:26 AM CDT Horseshoe Construction, Inc 2019-05-02 06:53 PM CDT 2019-06-11 08:32 AM CDT Perkens WS Corporation 2019-05-09 06:33 AM CDT 2019-06-23 11:51 PM CDT PierCon Solutions 2019-06-20 03:08 PM CDT 2019-06-20 03:08 PM CDT Control Panels USA, Inc. 2019-05-02 10:56 AM CDT 2019-05-02 10:57 AM CDT CMS 2019-05-02 11:40 PM CDT 2019-06-24 11:40 PM CDT Highlander Contracting, LLC 2019-05-02 10:56 AM CDT 2019-05-02 10:56 AM CDT Wayne Enterprises 2019-05-02 01:23 PM CDT 2019-06-25 01:21 PM CDT T & C Construction, Ltd 2019-05-02 04:16 PM CDT 2019-05-02 04:19 PM CDT Hendee Enterprises 2019-05-02 09:59 AM CDT 2019-05-02 10:01 AM CDT The Blue Book Building & Cons 2019-05-23 10:46 PM CDT 2019-05-23 10:46 PM CDT SAK Construction, LLC 2019-05-02 04:52 PM CDT 2019-05-02 04:52 PM CDT Monroe Pump Service Inc. 2019-05-03 01:03 PM CDT 2019-05-03 01:06 PM CDT R J Construction Company, Inc 2019-05-02 12:23 PM CDT 2019-05-02 12:28 PM CDT ConstructConnect 2019-05-02 12:30 PM CDT 2019-05-02 01:25 PM CDT SO 2019-05-02 04:24 PM CDT 2019-05-02 04:24 PM CDT BidClerk 2019-05-03 04:39 AM CDT 2019-06-25 12:08 AM CDT Hearn Company 2019-05-16 08:42 AM CDT 2019-05-16 08:42 AM CDT SmartProcure 2019-05-06 09:31 AM CDT 2019-06-24 08:13 PM CDT W.W. Payton Corportion 2019-05-02 09:15 AM CDT 2019-06-27 09:18 AM CDT Dodge Data & Analytics 2019-05-02 10:20 AM CDT 2019-07-02 04:30 AM CDT Construction Software Technolc2019-05-02 02:12 PM CDT 2019-06-25 02:54 PM CDT Construction Journal 2019-05-06 03:38 AM CDT 2019-05-24 02:45 PM CDT IMS 2019-05-03 03:13 AM CDT 2019-05-03 03:13 AM CDT Freese and Nichols, Inc. 2019-05-09 04:01 PM CDT 2019-05-09 04:01 PM CDT ConstructConnect 2019-05-09 04:42 AM CDT 2019-05-09 04:42 AM CDT Webtech 2019-05-03 06:41 AM CDT 2019-06-15 05:59 AM CDT BrainSurface LLC 2019-05-11 02:46 AM CDT 2019-05-11 02:46 AM CDT Ferguson - Plant Division 2019-06-21 01:06 PM CDT 2019-06-21 01:06 PM CDT BBI 2019-05-06 09:53 AM CDT 2019-05-06 09:53 AM CDT ferguson WW 2019-06-10 08:22 AM CDT 2019-06-10 08:48 AM CDT Onvia 2019-05-02 01:01 PM CDT 2019-06-20 03:54 PM CDT Dodge Data & Analytics 2019-05-06 03:26 PM CDT 2019-05-06 03:26 PM CDT Advanced Starlight Internationa 2019-05-08 09:02 AM CDT 2019-06-22 11:46 AM CDT Boyer, Inc. 2019-05-02 09:45 AM CDT 2019-06-17 05:51 PM CDT ConstructConnect 2019-05-02 04:06 PM CDT 2019-06-17 05:00 PM CDT HDR Engineering, Inc. 2019-05-02 09:24 AM CDT 2019-05-02 09:35 AM CDT SSE II RE -BID Documents ost Recent Response Date Original Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawings - Hillridge Water Plant Improvements.pdf Bid 19015 Hillridge Water Plant Improvements Phase II -Rebid.pdf Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawii Bid 19015 Hillridge Water Plant Improvements Phase II -Rebid.pdf Bid 19015 Hillridge Water Plant Improvements Phase II -Rebid.pdf Original Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Bid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase I Bid 19015 Hillridge Water Plant Improvements Phase II-Rebid.pdfBid Drawings - Hillridge Water Plant Impro). Bid 19015 Hillridge Water Plant Improvements Phase II-Rebid.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pd Original Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Bid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase I Bid 19015 Hillridge Water Plant Improvements Phase II-Rebid.pdfAddendum No. 1 - 19015 Hillridge Water PI Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawii Addendum No. 1 - 19015 Hillridge Water Plant Ph II.pdf Bid 19015 Hillridge Water Plant Improvements Phase II -Rebid.pdf Bid 19015 Hillridge Water Plant Improvements Phase II -Rebid.pdf Bid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase I Original Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawii Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawii Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfBid Drawings - Hillridge Water Plant Improvements.pd Addendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawii Original Pre -Bid Meeting Minutes 3-7-19.pdfBid Drawings - Hillridge Water Plant Improvements.pdfBid 19015 ngs - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase II -R� I-Rebid.pdfAddendum No. 1 - 19015 Hillridge Water Plant Ph Il.pdfOriginal Pre -Bid Meeting Minutes 3 ngs - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase II -R� ngs - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase II -R� ngs - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase II -R� fOriginal Pre -Bid Meeting Minutes 3-7-19.pdfBid 19015 Hillridge Water Plant Improvements Phase II -R� ngs - Hillridge Water Plant Improvements.pdfBid 19015 Hillridge Water Plant Improvements Phase 11 -R� ebid.pdf 7-19. pdf ebid.pdf ebid.pdf ebid.pdf ebid.pdf ebid.pdf City of La Porte - Hillridge Water Plant Improvements Phase II -REBID CivCAST Planholders List 7-2-19 Company Company Type Contact Name Contact Phone Contact Fax Email Notes SCHI ER CONSTRUCTION CO., I NC General Contractor Brenda Carlson 281469-1822 281469-1373 brenda@schiermnstruction.mm Download Plans Bussell & Sons, LLC General Contractor Kenneth Gassiot 2813519801 2813516454 kgassiot@bussellandsons.mm Download Plans C4 Partners General Contractor Toni Johnson 281-373-0367 x120 281-373-4587 tjohnson@c4partners.net Download Plans Sustanite Support Services General Contractor Bart Ada ms 281-615-1449 Bids@s3-sustanite.mm Download Plans Brookstone General Contractor Ryan Busking 2819149796 rbusking@brookstone-tx.mm Download Plans Resimm, Inc General Contractor Ike Anya 713-666-7775 713-666-0775 ike@resimmincmm Download Plans Schier Construction Co., Inc. General Contractor Jim Schier 281469-1822 281469-1373 jims@schiermnstruction.mm Download Plans Resimm, Inc. General Contractor Michelle Turner 713-666-7775 713-666-0775 construction@resimmincmm Download Plans B-5 construction General Contractor charlie Bell 2813563264 charlio-hell j?ig,f,it undr ,rj,rgii.rnd,curn Download Plans Flatiron General Contractor Ben Lane 972482-1040 blane@flatironmrp.mm Download Plans Gadberry Construction General Contractor Dustin Gadberry 214-325-5628 Bustin@gccorp.net Download Plans Gael,lnc. General Contractor John Roughneen 2817342030 johnroughneen@att.net Download Plans C& C Water Services General Contractor Garrett Huebner 8327617793 garrett@crcwaterservims.mm Download Plans Double Oak General Contractor Jen Renfrew 936.931.9301 936.931.9305 bids@doubleoakincmm Download Plans ALLCO, LLC General Contractor Brandon Harrison 409-860-4459 409-860-3857 bharrison@allm.mm Download Plans DSP Industrial, Inc. General Contractor Duane Partlow 281932-9380 dspindustrial@yahoo.mm Download Plans Alice General Contractor Billy Patterson 409-860-4459 409-860-3857 bpatterson@allm.mm Download Plans W.W. Payton Corporation General Contractor Chad Payton 281-371-7068 281-371-7069 bids@wwpayton.mm Download Plans Gemini Contracting Services, Inc. General Contractor Jim VanSchuyver 713453-4691 713453-5361 info@gemini-mntracting.mm Download Plans C3 Constructors General Contractor Chris Wade 9362232610 estimating@c3mnstructors.mm Download Plans B-S Construction Company General Contractor Sara Taylor 281-356-3264 281-356-3640 sara.taylor@b-5mnstruction.mm Download Plans Industrial Solution, Inc. General Contractor Willie Bowman 409-926-9331 willie@industrial-solution.mm Download Plans R & B Group, Inc. General Contractor Elizabeth Morse 713-862-5800 713-862-5807 emorse@randbgroup.mm Interested, Download Plans T Gray Utility & Rehab Co. General Contractor George Tamez 2817453353 2812547995 george.tamez@tgrayutility.mm Download Plans Wharton -Smith General Contractor Kenneth Marcell 225-754-0550 kmarcell@whartonsmith.com Download Plans, Not Bidding FUSED Industries LLC General Contractor Scott C Caudill 434-987-7955 smtt.caudill@fusedindustries.mm Download Plans,lnterested N& S Construction., LP General Contractor Frank Oliver 281440-1414 281440-5050 foliver@nsmnstruction.net Download Plans SER Construction Partners, LLC. General Contractor Eric Garza 713473-7900 713473-7919 eric@sermnstruction.net Download Plans TexasChile General Contractor JOSE BRAUN 8325173180 braun@txchile.mm Download Plans Hinton, LLC. General Contractor Julio Gaviria 281-767-6300 281-767-6301 julio.gaviria@flintm.mm Download Plans D G MEDINA CONSTRUCTION, LLC General Contractor D Medina 832-598-2234 bids@dgmedina.com Download Plans, Not Bidding H KONCRETE LLC General Contractor LUIS MENDEZ 2814522434 hkkoncrete@gmaiLmm Download Plans F & LCoatings and Concrete, LLC General Contractor Christel Ferric 281-316-2203 281-316-1991 christel@flmatings.mm Download Plans Black Castle General Contractor General Contractor Rodney A. Schwarzlose 830-387-4623 rodneys@blackcastlegcmm Download Plans Black Castle General Contractor General Contractor Kaley Nickel 8329393625 kaleyn@blackcastlegcmm Download Plans Gilleland Smith Construction, Inc. General Contractor Damon Gilleland (281) 676-8231 (281) 936-1223 damon@gillelandsmith.mm Download Plans D&L Quailty Painting, INC. General Contractor Bob Bokemeyer 281458-3588 281458-2415 bbokemeyer@dlpainting.mm Download Plans Star Construction Services General Contractor Stephen Wheaton 2816913364 srw@scs-prostar.mm Download Plans Waste Corporation of Texas LP Subcontractor Sandra Carpenter 832-570-7319 8325707319 scarpenter@wcamerica.mm Interested SITELENS Subcontractor Lupe Garcia 281-903-0244 lupe@sitelens.m Download Plans Andrew -Jordan Industrial Subcontractor Michael Chambers (832)243-6888 (832)486-9239 mchambers@ajielectricmm Download Plans,lnterested Hydro Resources, Mid -Continent Inc Subcontractor Amy Majors 5128584375 5128584666 AMajors@HydroResourms.mm Download Plans Control Panels USA, Inc. Subcontractor Jason Triggs 210420-7732 jtriggs@mntrolpanelsusa.net Download Plans Prime Controls Subcontractor Jason Ford 281-253-2126 j.ford@prime-mntrols.mm Download Plans J&A Coating, LLC Subcontractor Kimberly Anderson 9036391022 9036391225 kim@jamatings.mm Download Plans Mesa Contracting Subcontractor J.D Trotter 972424-5333 972424-5338 jtrotter@mesamntracting.net Download Plans, Not Bidding Rangeline Tapping Subcontractor Jarred Tompkins 346-600-3390 jarred@rangeline.mm Interested Power Lift Foundation Systems, Inc. Subcontractor Steve Barbour 800441-5438 sbarbour@powerliftfoundation.mm Download Plans BL Technology, Inc. Subcontractor Candace Ekonomakis 832-698-8000 832-698-8081 CEkonomakis@blti.mm Download Plans The Murillo Company Subcontractor Sean Zadeh 4695639039 azadeh@murillommpany.mm Download Plans Backwater Fence Subcontractor Chris Morton 8326806107 cmorton@backwaterfence.mm Download Plans Texas Industrial Control Manufacturing Subcontractor Coy Sisson 281-296-8300 281-296-8302 CoySisson@icmtx.mm Download Plans American Inshore Divers Corp. Subcontractor Mike Aiken 281-581-2443 info@aidcus.mm Download Plans Garland Heating and Air Conditioning Subcontractor David Echols 9722783506 9722783506 dechols@garlandheatingandair.mm Download Plans,lnterested Corrosion Control Resources Subcontractor Drew Johnson 8774326730 8663972297 drew@mrrosioncr.mm Download Plans JTB Services Inc Subcontractor Brian Bulgier 713-941-4141 713-941-3405 bnbulgier@jtbservims.mm Download Plans Titan Quality Power Services Subcontractor Jeremiah Barnett 346-322-2530 jeremiahbarnett@titangps.mm Download Plans Hi -Tech Electric, Inc. Subcontractor Manuel Castillo 2814875100 2814875600 mcastillo@hitechelectricmm Download Plans Grimsley Electric, Inc. Subcontractor Trey Bauchman 325-641-0564 325-646-7784 trey@grimsleyelectricmm Download Plans Terrafirma Earth Technologies Subcontractor Nasser Amity 281-710-2535 281-652-5584 namiry@tfearth.mm Download Plans Millennium Plus, Inc. Subcontractor Bob Gardiner 281-648-3437 bob@mpielectricmm Download Plans Mickie Service Company Subcontractor Andrew Latiolais 210.823.7176 andrew@mickieservice.mm Download Plans MultiVolt Electric Subcontractor Dathan Dalton 2542951985 dathan@multivoltelectricmm Download Plans Electrical Automation Controls Subcontractor F. ACOSTA 2813629600 FlorencioAmsta@EACtx.mm Download Plans Loran C Company Subcontractor Dale McChesney 281-331-6991 281-331-5339 dalemcchesney@loranccompany.mm Download Plans K4 Environmental LLC Subcontractor Jody Kirgan 832413-5959 jody@k4ellcmm Download Plans NATIONAL FENCE COMPANY Subcontractor DON YOUNG 281-590-5000 281-590-5088 bids@nationalfencetx.mm Download Plans, Not Bidding Pfeiffer & Son, Ltd. Subcontractor Bill Baker 281471-4222 281471-6856 bill@pfeifferandson.mm Download Plans EAC Subcontractor Chad Hyman 281-362-9600 281-296-8302 chadhyman@eactx.mm Download Plans Bland Insulation Subcontractor Donald Bland 903-887-7473 903-887-7472 blandinsulation@embargmail.mm Download Plans LandPro, Inc. Subcontractor Jessica Kendall 281-591-7372 estimating@landproincnet Download Plans Mersino Global Pump Subcontractor Matt Shakerian 3462412881 matt.shakerian@globalpump.mm Interested, Download Plans J.W. Reneau Roofing Co. Subcontractor Larry Reneau 281442-1451 281442-0508 Idreneau@msn.mm Download Plans BelectRic LLC Subcontractor Bobby Rosenbusch 281-766-1325 281-356-3640 bobby.rosenbusch@brelectllcmm Download Plans Landpro, Inc. Subcontractor Richard Stafford 281-591-7372 281-591-7375 richard@landproincnet Download Plans Chlorinator Maintenance Construction Subcontractor James Manuel 713472-1201 713477-1221 jamesmanuel@me.mm Download Plans Foster Fence LTD Subcontractor Alex Carlson 832-584-0643 acarlson@fosterfence.mm Download Plans Universal Coating Specialists, LLC. Subcontractor Keith Blakley 281442-6400 832437-2145 keith@ucs-tx.mm Download Plans Chlorinator Maintenence Inc. Subcontractor Pam Manuel 7134721201 7134727717 pmanuel7l@outlook.mm Download Plans A&H Services Subcontractor Allen Lott 832492-4930 anhservims@yahoo.mm Download Plans Texas Industrial Control Manufacturing Subcontractor Storm Ruffin 936-703-5102 stormruffin@icmtx.mm Download Plans Fitch Services Inc. Subcontractor Lee Fitch 832467-0926 832467-0928 fitchservims@sbcglobal.net Download Plans foster fence Subcontractor Jose Posada 2814567273 Jposada@fosterfence.mm Download Plans Tank Builders, Inc. Subcontractor Kent Kromer 817-510-0160 817-510-0166 kekromer@tankbuildersincmm Download Plans Clarion Electrical, LLC Subcontractor Nathan Ladner 281-373-0367 nladner@clarionelecmm Download Plans Clarion Electrical LLC Subcontractor Mike Leach 346-818-7090 281-373-4587 mleach@clarionelecmm Download Plans Ace Controls LLC Subcontractor Agmed Aguirre 713-589-5494 713-589-5559 agmed.aguirre@acemntrolsllcmm Download Plans M.A.K. Fencing, Inc Subcontractor Fred Keyes 8329190295 makfencing@gmaiLmm Download Plans Clean Seal America Inc. Subcontractor Bobby Wright 7134196139 cleansealamerica@hotmail.mm Download Plans C & C Fence Corp Subcontractor Ana Howard 713-947-9888 713-947-9932 ahoward@ccfence.mm Download Plans Holes Inc. Subcontractor Eddie Jester 281469-7070 281469-6207 edjester@holesincmm Download Plans Bastrop Alamo Masonry Subcontractor Randy Ray 5127187895 bamasonryllc@gmaiLmm Download Plans Ferguson Waterworks Supplier Victor Rodriguez 8329959713 victor.rodriguezl@ferguson.mm Download Plans Pumps of Houston, Inc. Supplier Sabrina Hoffart 832448-5923 281-931-1083 shoffart@pumpsofhouston.mm Download Plans Ferguson Waterworks Supplier Dave Williams 9185056524 dave.williams@ferguson.mm Download Plans FERGUSON PLANT DIVISION Supplier VAN ESA GARZA 210-662-4902 210-662-4825 vanesa.garza@ferguson.mm Download Plans Hammer &Steel Supplier Denise Mayberry 9362578790 dmayberry@hammersteel.mm Download Plans The Valve Agency Inc Supplier Heather Wray 281-883-4331 972-200-1442 sales@thevalveagency.mm Download Plans Industrial Networking Solutions Supplier Ravi Chhabra 972-248-7466 rchhabra@industrialnetworking.mm Download Plans Page 1 of 3 City of La Porte - Hillridge Water Plant Improvements Phase II -REBID CivCAST Planholders List 7-2-19 Company Company Type Contact Name Contact Phone Contact Fax Email Notes Waukesha -Pearce Industries Supplier Nathan Parker 713-551-0434 713-551-0799 parker@wpi.com Download Plans Benningfield Steel Fabrication, LLC Supplier Tim Thomas 832-831-3691 832-831-3692 tim@benningfieldsteel.mm Download Plans, Not Bidding Weisinger Incorporated Supplier Dean C. Wilburn 936-756-7721 936-756-7723 dwilburn@weisingerincmm Download Plans Pump Solutions Supplier Brett Rose 817403-6638 817-684-0905 brett@pumpsolutions.net Download Plans Smith Pump Company Supplier Matt Ramburger 1-254-776-0377 1-254-399-8274 mattr@smithpump.mm Download Plans Environmental Improvements, Inc. Supplier Blake Roye 713-461-1111 blake@ei2hou.mm Download Plans Hartwell Environmental Supplier David Alston 281-351-8501 281-351-8323 dalston@hartwellenv.com Download Plans Ferguson WW Plant Div Supplier Tom Ellis 512-635-1865 512-930-2388 tom.ellis@ferguson.mm Download Plans Macaulay Controls Supplier Sarah Guzman 713412-8159 SGuzman@macaulaymntrols.mm Download Plans Macaulay Controls Company Supplier Nicole Peters 2812820100 npeters@macaulaymntrolsmm Download Plans WWaterTech, Inc. 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Plan Room Bid Clerk Bid Clerk 800-746-9554 800-746-8307 govtbids@prime-vendor.mm Download Plans Construction Journal Plan Room Pamela Exton 8007855165 8005817204 bids@mnstructionjournal.mm Download Plans Page 2 of 3 City of La Porte - Hillridge Water Plant Improvements Phase II -REBID CivCAST Planholders List 7-2-19 Company Company Type Contact Name Contact Phone Contact Fax Email Notes Paint Bid Tracker Other Will Dodds 412431-8300 412431-5428 wdodds@paintbidtracker.mm Download Plans Construction Bid Source Other Sherri Schweickert 8887869450 8887869450 sherri@mnstructionbidsource.mm Download Plans SPI Other Devin Monk 5125313953 dmonk@spartnerships.mm Download Plans ENTRAM CORP Other JOHN FALCONE 888-888-0900 contact@envirobidnet.mm Download Plans Contractors Register, Inc. Other Maria Deg 800431-2584 govbidops@thebluebook.mm Download Plans Technical Assurance Other JILLIAN MCKENZIE 281-296-9997 JMCKENZIE@TECHNICAL-ASSURANCE.COM Download Plans Peter Move Other Peter Malon (281) 469-1855 peter562h@yahoo.mm Download Plans Municipal Valve and Equipment Other Michael Robertson 512-847-9725 mrobertson@municipalvalve.mm Download Plans METRO TEX FABRICATORS Other ADRIAN GARCIA 713473-3900 agarcia@metrotexfab.mm Download Plans Schroder Material Handling Other Leslie Cox 8642779933 schroderap@gmail.mm Download Plans Alsay Incorporated Not Specified Charlie Liesberger 281444-6960 281444-7081 charlie.liesberger@alsaywater.mm Download Plans Delos Data Not Specified Dale Dobbins 713468-6303 dobsdata@msn.mm Download Plans Wingo Service Company, Inc. Not Specified Al Sheldt 2813679990 asheldt@wingommpanies.mm Download Plans TOTAL PtANHOLDERS-211 Page 3 of 3 City of La Porte GecUon0041O Bid Form BID FORM BID 19015-HILLRIDGE WATER PLANT IMPROVEMENTS PHASE II -REBID W.W. p�-vtoO�q[�Or8t�/D Bid of Payton anindividual proprietorship, acorporation organized and existing under laws ofthe State ofTexas, .for the HiUhdge Water Plant Improvements Phase 11, for the City of La Porte, Harris County, Texas. The undersigned bidder has carefully examined the Instructions tuBidders, this Pnopnoe|. the (3anens| Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, ouperintendenoe, maohinery, equipment, tools, moterie|a, services and other means ofconstruction tocomplete all the work upon which he bids, aocalled for inthe Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements ofthe City ofLaPorte. TOTAL BASE BID VVrtte /O'�r � It is understood and agreed that the work shall be complete in full within 350 calendar days after the date onwhich work iatobecommenced aoestablished bythe Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added urdeleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal nho| be returned to the undersigned un|eaa, in case of the acceptance of this proposal the undersigned should fail to enter into e construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days afterthe Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and ohoU be considered as payment for damages duo to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. City ofLoPorte Secttm002O instcucbonsioBiddes bisunderstood that the Owner rea me the right bzreject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid phoae contained in this proposal have been carefully checked and are submitted as correct and final Date 6'25-19 Signed By Wesley VKP8 President (Title) Company W.W. Payton Corporation (Address) (Telephone Number) (Email Address) Witness Marilyn R. Payton - Secretary SEAL (if Bidder inaCorporation) Acknowledge receipt nfAddenda Below: 1 - - - - Addendum No. 6-17-19 - - CITY OF LA PORTE, TEXAS WJ_?11'W_RRJ1L47.FRL_W4.1' A. BASE BID ITEMS BID ITEM DESCRIPTION UNIT QTY UNIT PRICE COST I Mobilization, complete in place, the sum of. (5% maximum) I '-s- 40,000.00 40,000.00 2 Site Work, including site stripping, grading, seeding or sodding, complete I L.S. in place, the sum of 0 n 5 000.00 Construct 50'x2O'(1,000 SF) Booster Station Precast Concrete Building, including but not limited to foundation, bedding and backfill, handrails, floor drains, drain line, roof, sidewalk, pipe bollards, MCC Room and I L.s. 375,000.00 375,000M equipment, chlorine feed room and equipment, and all associated architectural, structural, mechanical, and electrical appurtenances as shown on plans and as described in specifications, complete in place, the sum of 4 One (1) Horizontal Split Case Booster Pumps (1,000 gpin @120-ft Head), I L.S. 30,000.00 30,000.00 or equivalent, complete in place, the sum of 5 Two (2) Horizontal Split Case Booster Pumps (650 gpm at 120-11 Head), or I L.S. 40,000.00 40,000.00 equivalent, complete in place, the sum of-, Station Piping to include all booster pump suction and discharge header 6 piping as identified on the plans, including valves, fittings, and any 1 L.s. 60,000.00 60,000.00 requirements for proper operation of the plant as shown on plans and as described in specifications, complete in place, the sum of Yard Piping to include all onsite water mains and drain lines outside booster station building as identified on the plans, including proposed 7 flanged connection to Ground Storage Tank, valves, fittings, wet I L-S. 30,000.00 30,000.00 connections, drain lines connection to downspouts and grate inlet, and any trench safety requirements as shown on plans and as described in specifications, complete in place the sum of. Removal of bends, abandonment of water lines and suction lines, and 8 installation of blind flanges as shown on plans and as described in I L.s. 2,000.00 2,000.00 specifications-, complete in place, the sum of: Wet connection to existing 12" water line, including two 12" gate valves 9 and boxes, as shown on plans and as described in specifications, complete I L.S- 6,000.00 6,000.00 in place the sum of Remove and replace 6" thick concrete pavement and driveway, including 10 sawcutting, subgrade, reinforcement andjoints, complete in place, the sum 145 S-y- 150.00 21,750.00 of Remove and replace existing 8-ft chain link fence, install double 8-ft wide I I swing access gate and pedestrian gate as shown on plans and as described I L& 5,250.00 5,250.00 in specifications, complete in place, the sum of Chlorine Disinfection System, including but not limited to, scale for 1504 chlorine cylinder, gas chlorinators, automatic switchovers, injectors, solenoid valves and bypasses, gas sensor and alarm, wall -mounted self- 12 contained breathing apparatus, high pressure booster pump, piping, feed I L.s. 30,000M 30,000M lines, I" schedule 80 PVC injection line, pipe connections, chlorine injection manhole, electrical, and all other items as shown on plans and as described in specifications for a complete and operational chlorine disinfection system, complete in place, the sum of Electrical System installation: Provide and install all work shown on plans and described in specifications including as follows: Provide and install motor control center, lighting and receptacles, PUMP Motor feeders and -711000,00 000-c 13 terininal boxes, electrical service equipment, autosensory controls, I L,S, .37// generator quick connect, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of TOTAL BASE BID ITEMS (A): oc;' 0 C:�Cr HDR Project No. 10048869 BP -4 CITY OF LA PORTE, TEXAS Mi •� .. B. SUPPLEIaIEiS�'AL BIID ITEMS BIID ITEM (DESCRIPTION UNIT QTY UNIT PRICE COST 14 Install extra cement stabilized sand, complete in place the sum of 100 C.Y. 20.00 $20.00 (2) 2,00000 $2,000.00 15 12" x 12" TS&V, complete in place the sum of 1 EA. 7,500.00 7,500.00 TOTAL SUPPLEMENTAL BID ITE 6IS (B): 19,500.00 C. CASH ALLOWANCE ITEMS BID ITEM (DESCRIPTION UNIT QTY UNIT PRICE COST Electrical Service: Include an "Allowance" for electrical service by the CA-1 local Electrical Service Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Electrical Service Provider for a 1 C.A. $25,000.00 $25,000.00 lump sum of: {1) CA-2 Controller Programming: Include an "allowance" for controller programing er Section 16-904 - "Controller," for a lump sum of 1 C.A. $24,500.00 (1) $24,500.00 TOTAL CASH ALLOWANCE ITEMS (C): $49,500.00 TOTAL BIID (A + B + C) Footnotes for Exhibit A 1) Fixed Unit Price determined prior to Bid. Cannot be adjusted by the Bidder. 2) Minimum Bid Price determined prior to Bid. Can be increased by the Bidder, but not decreased, by crossing out the Minimum and inserting revised price on the line above. Cannot be decreased by the Bidder. HDR Project No. 10048869 BP - 5 Ci�y of La Port-- CityofLaPorte Forms, Certifications, Notifications w Respondent Affidavit (Raquired) • Certification byBidder (Requirod) ~ Protection ofResident Workers (Ruqu|rmd) w Indemnity Hold Harmless Agreement (Required) ° Conflict ofInterest Questionnaire (Roquined) ~ Local Bidder Preference Form (Opt|ona|) m Reference Form (Ruquired) • House Bill 89Verification (Rwquir*d) • F<]RPN 1295 (NodfivaUon, due after award) sec'Lion00300 City of La Porto Section 00300 City of La Porte Forms The foregoing prices shall include all labor, materials, equipment, removal, overhea profit, freight, insurance, etc., to cover the finished work specified in this bid. .• All items bid and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this solicitation. Respondent understands that the • reserves the right to reject any or all bids and •: waive any informalities in the solicitation. The respondent agrees that this solicitation shall •- good and may not •- • for a period of sixty (60) calendar days after the scheduled closing time for receiving subriftals,_ The undersigned affirms they are duly authorized to represent this firm, that this proposai has • been prepared in collusion with any • firm, and that the contents contained herein have not •-- communicated to any other firm prior to the • opening. Business Name: W.W. Payton Corporation Address: P.O. BOX 1056 -Katy, Texas 77492 Printed Name: Wesley W. Payt(Y'n ftegident Authorized Signature: Date: 6-25-19 City of La Porte Section 00300 City of La Pore Forms City • La Porte Ordinance #98-2217 prohibits any expenditure • goods • services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained • contacting the City • La Porte Purchasing • at 281-470-5126. If undersigned bidder is not in compliance with Ordinance • it hereby • to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to 4;e deducted by the City of La Porte from the amounts due the undersigneiE7 Failure to remit this certification with the response or non-compliance with sa ord inance shall be just cause for rejection or disqualification of submitted proposal. X The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. Or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: W.W. Payton Corporation Address: P.O. BOX 1056 Katy, Texas 77492 Printed Name: Wesley W. Payton 17Tresident Authorized Signature: Date: 6-25-19 Ciiy of La Porte Section 00300 City of La Porte Forms CITY OF LA FORTE PROTECTION OF RESIDENT WORKERS COMPLIANCE The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens The employer must verify the identity and employment eligibility of anyone to be hirell which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 4�usiness Name: W.W. Payton Corporation I Printed Name: Wesley W. Rg_)ton President Authorized Signature: Date: 6-25-19 City ofLis Porte Section0030O City of La Porte Forms To the fullest extent permitted by kavv Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold hmnn|eoa the City of La Porte, its agents, repreaentotk*aa, officers, directors, officials and employees from and against all a||egobona, denn@nda, proceedings, suits, actions, c/ajrnS' including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attonley'efees. court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out ofO[resulting from any actions, a{tS, enono, mistakes or omissions caused in vvhV|e or port by Contractor relating to work, services end/or products provided in the performance Of this Contn3Ci, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working on an independent contractor for Contractor or said Subcontractors or anyone for whose aCLa any of them may be liable and any injury or d8nnegee claimed by any of Contractor's and Subcontractors employees or independent contractors. The Contractor expressly understands and agrees that any insurance pu|}okaa required by this coNtract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, agents and employees and herein provided. Business Name: W.W. Payton Corporation Address: P.O. BOX 1056 Katy, Texas 77492 Printed Name: Wesley W. Payton President Authorized Signature: CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doina business with local aovernmental entity This auestionnaire reflects chanaes made to the law by H.B. 23, 84th Lea.. Reaular Session. OFFICE USE ONLY This auestionnaire is beina filed in accordance with Chaoter 176. Local Government Code. by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local aovernmental entitv and the vendor meets reouirements under Section 176.006(a). By law this auestionnaire must be filed with the records administrator of the local aovernmental entitv not later than the 7th business day after the date the vendor becomes aware of facts that reauire the statement to be filed. See Section 176.006(a-1). Local Government Code, A vendor commits an offense if the vendor knowinalv violates Section 176.006. Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local aovernmental entitv. Wesley W. Payton 21 - E] Check this box if vou are filina an update to a oreviousiv filed auestionnaire. (The law reauires that vou file an updated completed auestionnaire with the armrooriate filina authority not later than the 7th business day after the date on which vou became aware that the oriainaliv filed auestionnaire was incomplete or inaccurate.) 3:1 Name of local ciovernment officer about whom the information is beino disclosed. N/A Name of Officer 4 J Describe each emDlovment or other business relationship with the local aovernment officer, or a family member of the officer, as described by Section 176.003(a)(2)(A), Also describe anv familv relationship with the local aovernment officer. Complete subparts A and B for each err Dlovm ent or business relationship described. Attach additional Daaes to this Form CIQ as necessarv. A. Is the local aovernment officer or a familv member of the officer receivina or likely to receive taxable income, other than investment income, from the vendor? ElYes a No B. Is the vendor receiving or likelv to receive taxable income. other than investment income. from or at the direction of the local aovernment officer or a familv member of the officer AND the taxable income is not received from the local aovernmental entitv? E:1 Fv-1 Yes L�j No Describe each ernDlovment or business relationship that the vendor named in Section 1 maintains with a conaoration or other business entitv with respect to which the local aovernment officer serves as an officer or director, or holds an ownership interest of one oercent or more. ±j Check this box if the vendor has aiven the local aovernment officer or a familv member of the officer one or more aifts EJ as described in Section 176.003(a)(2)(8). excludina aifts described in Section 176.003(a-1). :7] 6-25-19 Signature of vendor doina business with the aovernmental entitv Date XAjasleNj X V P;iNitnn - Prt=qirjpnt Form orovided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 City ofLaPcrte Seocm00300 City of La PorteFonnn References: Please PRINT cvTYPE here, the names, addresses and other contact information of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may bewilling toprovide areference andrecommendationforyourcumpany.Fai|uretocomp|etoondsubmit this form may be cause to disqualify your proposal. References provided must be for similar events. At least 2 of the 4 required references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and o brief description of the type of event, and any other pertinent information involved for each reference provided. Company Name Contact Address Telephone E-mail (pleae see the attached 2 sheets) Company Name Contact Address Telephone E-mail Company Name Contact Address Telephone E-mail Company Name Contact Address Telephone E-mail Company Name Contact Address Telephone E-mail W.W. PAYTON CORPORATION REFERENCES 1. AEI Engineering, Inc. 616 Cypress Creek Parkway, Suite 250 Houston, Texas 77090 Ph: 281-350-7027 Attn: Mr, Ross Crawford Proj ects: West Memorial MUD Montgomery County MUD 15 BP Improvements @ VvT I & 2 Water Plant #2 Charterwood MUD Conversion to Bleach System 2, Brown & Gay Engineers, Inc, 10777 Westheimer, Suite 400 Houston, Texas 77077 Ph: 281-558-8700 Mr. Doug Baker, RE, Proj ects: Harris County MUD #433 Clay Development Water Plant #2 Pederson Road Water Plant Harris County MUD #71 Water Plant #3 3. LJA Engineering & Surveying, Inc, 2929 Briarpark Drive, Suite 600 Houston, Texas 77042-3703 Ph: 281-782-4932 Mr. Gregg Haan, P.E. Projects: Fort Bend County MUD 134A Harris County MUD 530 Water Plant #2 Water Plant 41 Harris County MUD 531 Water Plant 41 4. Langford Engineering 1080 W. Sam Houston Parkway North, Suite 200 Houston, Texas 77043-5014 Ph: 713-461-3530 Mr. Jim Cartwright, P.E. and John Davis Projects: Harris County MUD #3 3 Inverness Forest ED Improvements to WTP #1 Water Plant Improvements & Remote Well #1 Far Hills MUD Water Plant Improvements W.W. PAYTON CORPORATION REFERENCES 5. Costello, Inc, 9990 Richmond Avenue, Suite 450 North Building Houston, Texas 77042 Ph: 713-783-7788 Mr. Bill Zollman, P.E. Projects: Harris County ID 18 Water Plant #1 (Serving Exxon campus) 6. City of Conroe 300 W. Davis Conroe, Texas 77305 Ph: 936-522-3122 Mr. Tommy Woolley Projects: City of Conroe Cooling Tower at Water Well #24 Montgomery County MUD #105 Water Plant #1 Panorama Village Hydro. Tank Addition 7. Jones & Carter 6330 West Loop South, Suite 150 Bellaire, Texas 77401 Ph: 713-777-5337 Mr. Toby McQueary, P.E. Proj ects: Grand Mission MUD #1 City of Rosenberg Water Plant #3 — Phase I Water Plant #8 Montgomery County MUD # 119 Water Plant #2 — Phase I 8. IDS Engineering Group 13430 NW Freeway, Suite 700 Houston, Texas 77040 Ph: (713) 462-3178 Mr. Teague Harris, P.E. Projects: Harris County MUD #372 Nottingham County MUD Booster Pump Station Water Well & Generator I 1, — Wesley W. Payton (Person's name), the undersigned representative and authorized agent 0 Business name) W.W. Payton Corporation ?inzg!��t•x kwWAft t Z �tff f i;t M t§'f ra-F, being an adult over the age of seventeen 5A.1 above, as required under the,& ovisions of SAibr 1- �lspj L 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above named Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in on Israeli -controlled territory, but does not include an action made far ordinary business purposes, and 2. "Company" means afor-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associotions\that exist to make a profit. 6-25-19 �' 0 Wesley W. Payton - President SIGNATURE OF COMPANY REPRESENTATIVE City of La Porte Section 00431 Bid Bond Form STATE OF TEXAS § § SURETY'S NO. N/A COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS, THAT W.W. Payton Corporation (hereinafter called the Principal), as Principal and Hartford Fire Insurance Company (hereinafter called the Surety), as Surety, are bound unto the City of La Porte, Texas, a home rule municipal corporation of Harris County, Texas (hereinafter called Obligee) in the amount of Five Percent (5%) of the Total Amount Bid" Dollars ($,a o �of T.A�.B. , for the payment whereof said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid to enter into a certain written Contract with Obligee for Bid #19015 lfillridj4e Water Plant Improvements Phase II -Rebid NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully, enter into such written Contract, then this obligation shall be void-, otherwise to remain in full force and effect, IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid anytime after such Bid is opened and before this Bid Bond is returned or before official rejection of such Bid; or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish satisfactory Performance Bond and Payment Bond, and other required contract documents, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages. City of La Porte Section C0431 &d Bojid Fo-M PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in Harris County, Texas. IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this 25th day of Tune , 2019 W.W. Payton Corporation Hartford Fire lnsuraacL�� Principal/ContractorSurety, By: r tz- K, Y Wesle,T*'—. Payton, Presid-e—n't Sharon Cavanaugh, Attorney-'in-Fkt Address: 30655 FM 529 Brookshire, Texas 77423 NOTE: Attach Power of Attorney Address: 3000 Internet Blvd. .. Frisco, Texas 75034 Direct InquirieslCialms to. THE HARTFORD 11OND, T-12 Pu One Hartford Plaza 'do'� W EKw% -, 0� Py - A r y t —*, R N —EY H.Word,Connecticut 06155 calk 888-266-3488 orfer 860-757-5335 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agony Name: MARSH & MCLENNAN AGENCY LLC Agency Code: 61-610074- Hartford Fire insurance Company, a corporation duly organized under the IBM ofthe State of"Connecticut Hartford Casualty insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the tam ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the T!=mpan era) do hereby make, constitute and appoint, up to the amount of Unlimited - Sharon Cavanaugh, C.W. Adams, Roxanne G, Brune, Sharen Groppell, David R. Groppell, Francine Hay, Beverly A. Ireland, Edward L. Moore, Kurt A. Risk, James W. Tomforde, Gloria Villa of HOUSTON, Texas their true and lawful Attorney(s)4n-Fact, each In their separate capacity If more than one Is named above, to sign Its name as surety(les) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by Its Senior Vice President and its corporate seals to be hereto affixed, duly attested by Its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. V V — John Gray, Assistant Secretary M, Ross Fisher, Senior Vice President COU14TY OF HARTFORD fm On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he Is the Senior Vice President of the Companies, the corporations described In and which executed the above Instrument; that he knows the seals of the said corporations; that the seats affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Kathleen T. Maynard (a Notary Public CERTIFICATE My ConuT"sion Expires July 31,2021 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which Is still In full force effective as of June 25, 2019 Signed and sealed at the City of Hartford. Ke4n Heckman, Assistant Moe President Polk 20 is Hartford Fire Insurance Company Hartford Casualty Insurance Collipany Harfford. Accident and Indemnity Company I-larti,ord Ulldtr�trltcrs Insurance Company Twin City Insurance Company, Hartford Insurance Company of Illinois Hartford Insurance Company of the �Mldv'cst Hartford Insurance Company of the solithv\ est - Please address inqUil-"C'S I Claims for all SLIMy and fidelity products is�uej b� Hartford' s wldcnritinLy companies to the l'olloNAlif-10, Photic Number: 888-2, 66-148S Fax - C1ai<<1s 860-757-5835 or 8,(A-221-3963 F--mall ion 1.yl�tlms(CL�tlie}larCfot"d,Co17i ik-lallhi�,, Address The Hartford BOND, T-I 2 One I Iartlbrcd I I n ct focd, CT 06155 Claims Inquiries Notice 2003 IMPORTANT NOTICE To obtain inf0[mobDO Ormake B complaint: You may contact your Agent, You may call, The Hartford's Consumer Affairs to\('frce telephone number for information or to make acomplaint at: 1-800'451-6944 You may contact the Texas Department of Insurance to obtain information On companies coverages, rights, orcomplaints at: ' 1-800-252-3439 You may write the Texas Department ofInsurance: P.O. 8ox1491O4 Austin, TX7O714'9104 Fax: (512)490-1007 Web: E-mail: PREMIUM [)RCLAIM DISPUTES: Should you have a dispute concerning your pnenn1unn Orabout a claim, you should contact the (agent) (company) (agent or the company) first, If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE T(]YOUR POLICY, This notice is for information only and does notbecorne o part orcondition of the attached document, /TX4275'l REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 07.22.19 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution 4' Ordinance Exhibits: Ordinance No. 2019-3748 Proposed SCUP P&Z Recommendation Letter Aerial Map Zoning Map Applicant Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes ir No SUMMARY & RECOMMENDATION Applicant, Jeff Davis, is seeking approval of an amendment to the existing Special Conditional Use Permit (SCUP) to allow for the redevelopment of the existing pre -check truck facility. The specific tract is located at 900 E. Barbours Cut Blvd. and is legally described as Reserve A, Block 1, Port of Houston Authority. The property is owned and operated by the Port Authority of Houston and houses one of their pre -check trucking facilities. The site is operating under an existing SCUP which was approved in 2003. The current SCUP was amended in October of 2017 to allow for extended hours of operation. This was due to an increase in traffic at the port and thus, an increase in trucks being processed through the pre -check facility. The new request is to amend six (6) of the original thirteen (13) conditions in order to facilitate a proposed redevelopment and expansion of the current pre -check truck facility. The amendments are as follows: Condition #3 - "Comply with the General Plan approved be the City." • The Port Authority requests that Permit Condition No. 3 be amended to reflect an amended General Plan approved by the City, which reflects the updated Site Plan (See Exhibit D). Condition #4 -"Ensure that at least 30 percent of the property consists of landscaping and/ or screening." • The Port Authority requests that Permit Condition No. 4 be amended to add "landscaped ponds (either dry or wet) with native grasses at completion of the project" to the 30% requirement. Condition # 5 - "Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provide "in fill" planting of trees and shrubs." • The Port Authority requests that the second and last sentences of Permit Condition No. 5 be amended to read as follows: "Allow existing trees and shrubs exterior to the sound wall to remain as a natural buffer. Provide "in fill" ponds with native grasses and planting of drought -tolerant trees along the boulevard R.O.W., which provides for one year of established watering." Condition #6 - "Provide an irrigation system to ensure that all landscaping and careening is properly maintained by the owner/ developer." • The Port Authority requests that Permit Condition No. 6 be deleted, as irrigation is not needed for native grass and drought tolerant trees per La Porte Zoning Ordinances. Condition # 7 - "Adhere to the provisions and details shown in facilities lighting plan. Ensure that all illumination occurs on site and does not affect nearby residences." • The Port Authority requests that the Permit Condition No. 7 be revised to delete the current text and replace it with, "The revised lighting plan shall adhere to the requirements of applicable City Ordinances." Condition #8 - "Enhance the building facade so that it is architecturally and aesthetically pleasing. The Planning and Zoning Commission must approve the design." • Since there is only a small electrical and IT building proposed in the new design, the Port Authority requests that Permit Condition No. 8 be replace it with, "The Planning and Zoning Commission must approve the design of the new building and canopies". Notices of the Public Hearing, along with comment sheets, were sent to all property owners within 200' of the subject parcel. Staff did not receive any returned comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 7-0 to recommend approval of the proposed SCUP, as presented with no additional conditions. Proposed SCUP (Exhibit A) is attached. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #19-91000004 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3748 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000004, AN AMENDMENT TO SPECIAL CONDITIONAL USE PERMIT NO. 17-91000002, FOR THAT CERTAIN PARCEL OF LAND LEGALLY DESCRIBED AS 20.769 ACRES ALONG EAST BARBOURS CUT BOULEVARD, BEING RESERVE A, BLOCK 1, PORT OF HOUSTON AUTHORITY, LA PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF THE REDEVELOPMENT OF THE EXISTING PRE -CHECK TRUCK FACILITY AT 900 EAST BARBOURS CUT BLVD., AND LOCATED IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 419-91000004, an amendment to Special Conditional Use Permit No. 17- 91000002, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the redevelopment of the existing pre -check truck facility on property generally located at 900 East Barbours Cut Blvd, said property being a 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 22nd day of DULY, 2019. IIn ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor City of La Porte Special Conditional Use Permit #19-91000004 This permit is issued to: Port of Houston Aut Owner or Agent P.O. Box 2562 Houston, TX 77252 Address For Development of: Port of Houston Authority Pre -check truck facility Development Name 900 East Barbour's Cut Blvd, La Porte, TX Address Legal Description: 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. of the Johnson Hunter League, A-35 City of La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Pre -check truck facility Permit Conditions: 1. Adhere to the terms of the Property Owners Value Assurance Program (as described in Exhibit F-1). 2. Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance Program. Comply with the General Plan approved by the City as "2 approved by the and ZoiqiqgCon,1ui11,uli li0uq. 4. Ensure that at least 30 percent of the property consists of landscaping and/or screening WNch shal1 liqcWde n dscaped Found )u;ullher dry or et) Mth qaflve grasses at u;uun,ulNefloiq ()�: the proect. 5. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs u;xterk)r to the sound waI1 to remain as natural buffer. Provide "in fill" pllaRt�R gal 1112886 and >Ilnurv:ull:r > poinds Mth un iuve grasses and p)ll uqfliuq ()i drought toleiraiqt trees Wongthe IboWevaird IIR.:.W., Ilulich Drove ide R)r one year uul u:. l llullu lluu d wateiJing. 3... I irevkle oR...�rfigat )R SY644FR IG uuu" U112 141at afl...11aR&G pRg and s>Gr@9RRg us,...puuupu,.0 Ma� l tauRu u1 I:u�p Ile a ROF41uyVuyl9P8u'. 7. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. 8. A4@iree IIIu@ purve4skaR...aR u,:loull 6:IGWR uuu faGflufies..flg u#uq5 pllouu ...p; uqu">>:uu4q Illnat aoll wlll:uuuTulRo*aR...GGGLirs h uu:vusedIllighfiiuq pNain IhW1 adhere to Illuu y -y y y-y y urequliurven,iu uut uul ppllucWu e C;lty a urv6minces 9. uullu uuub Il o IAJ4(iuRg faubade sethat ul w , aou">Ilu4iGa4y p easuR3..: The Planning and Zoning Commission must approve the design inew buliMliuu nd canop!)iu. . 10. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 11. Hours of operation shall be no earlier than 7 am and no later than11 pm. 42Pay the IDuil:uluG heaiirvuu a g u,ests,.. 13. Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary City of La Porte Special Conditional Use Permit #19-91000004 This permit is issued to: Port of Houston Aut Owner or Agent P.O. Box 2562 Houston, TX 77252 Address For Development of: Port of Houston Authority Pre -check truck facility Development Name 900 East Barbour's Cut Blvd, La Porte, TX Address Legal Description: 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. of the Johnson Hunter League, A-35 City of La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Pre -check truck facility Permit Conditions: 1. Adhere to the terms of the Property Owners Value Assurance Program (as described in Exhibit F-1). 2. Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance Program. 3. Comply with the amended General Plan as approved by the Planning and Zoning Commission. 4. Ensure that at least 30 percent of the property consists of landscaping and/or screening which shall include landscaped ponds (either dry or wet) with native grasses at completion of the project. 5. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs exterior to the sound wall to remain as a natural buffer. Provide "in fill" ponds with native grasses and planting of drought -tolerant trees along the boulevard R.O.W., which provides for one year of established watering. 6. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. 7. The revised lighting plan shall adhere to the requirements of applicable City Ordinances. 8. The Planning and Zoning Commission must approve the design of the new building and canopies. 9. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 10. Hours of operation shall be no earlier than 7 am and no later than 11 pm. 11. Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary City of La Porte Planning and Development Department IlEistala11s1hed 11892 —ss III'ivai�s I Xirrctoir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000004 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a special meeting on June 20, 2019 to hear a Special Conditional Use Permit request by Jeff Davis, applicant; on behalf of Port of Houston Authority of Harris County, Texas, owner; for a Special Conditional Use Permit Amendment to allow for a redevelopment of the existing pre -check truck facility for the Port of Houston. The subject site is located at 900 E. Barbours Cut Blvd and is legally described as Reserve A, Block 1, Port of Houston Authority. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 7-0 to recommend approval of the proposed SCUP amendment. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov I X III I III 13F ( 1. MIN �Special Conditional Use Permit Application Planning and Development Department PROJECT INFORMATION Address where SCUP is being requested: 521-629 E. Barbours Cut Blvd. La Porte,TX 7757 Legal description where SCUP is being requested: 20.7 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas of the Johnson Hunter League, A-35 City of La Porte. Harris County, Texas Zoning District: Planned Unit Development Lot area: 20.7 Description of Request: Amendment of Special Conditional Use Permit No. 03-001 permit condition. Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNER(S) INFORMATION Na Company (if applicable): Port of Houston Authority of Harris County, Texas City: Houston State: Texas Zip:77029 Phone: 713) 670-2676 Email: `davis@poha.com AUTHORIZED AGENT (If other than owner) Name: Company (if applicable): Address: City:, _.w �_._. State: Zip: Phone: Email: OWNER(S) & AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Owner(s)' Signature(s): STAFF USE ONLY. Case Number: Date: Date Application Received: MI May 21, 2019 Mr. Ian Clowes Planning and Development Department City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Subject: Application for Second Amendment of Special Conditional Use (Permit No. SCUP 03-011) Dear Mr. Clowes: This project description/justification letter is being submitted by the Port of Houston Authority of Harris County, Texas (the "Port Authority") in conjunction with its application to amend Special Conditional Use Permit No. SCUP 03-011 (as subsequently amended, the "SCUP"). We request that the application be approved by the City of La Porte Planning and Zoning Commission and City Council (collectively, the "City"). The City issued the SCUP to the Port Authority in August 2003. The SCUP was amended in or about October 2017 at the request of the Port Authority. As set forth in the Port Authority's letter dated August 17, 2017 in support of the first amendment to the SCUP, since the initial issuance of the SCUP, the Port Authority has carried out the permit conditions, including, but not limited to landscaping, irrigation, installing a screen wall with greenery, installing neighborhood -friendly lighting, and completing the required Property Owners Value Assurance Program, the result of which was the creation of a significant "green" buffer area between the facility and the community. To permit the Port Authority's operations to continue to keep pace with the ongoing changes in the industry since the prior SCUP amendment in 2017, the Port Authority is seeking to further update its business processes at the Pre -Check Truck Gate. These changes will permit the facility to operate more efficiently and enable more truck queueing on our facility rather than Barbours Cut Boulevard. This will not only better support terminal operations, but also lessen the impact on neighboring communities. 111 East Loop North • Houston, Texas 7702 • 713-3'70-2400 • PortHouston.com Mr. Ian Clowes Planning and Development Department City of La Porte May 20, 2019 Page 2 Accordingly, the Port Authority seeks to amend SCUP 03-011 Permit Conditions Nos. 3, 4, 5, 6, 8, and 9 as set forth in more detail below: 3. "Comply with the General Plan approved be the City." The Port Authority requests that Permit Condition No. 3 be amended to reflect an amended General Plan approved by the City, which reflects the updated Site Plan (attached). 4. "Ensure that at least 30 percent of the property consists of landscaping and/ or screening." The Port Authority requests that Permit Condition No. 4 be amended to add "landscaped ponds (either dry or wet) with native grasses at completion of the project" to the 30% requirement. 5. "Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provide "in fill" planting of trees and shrubs." The Port Authority requests that the second and last sentences of Permit Condition No. 5 be amended to read as follows: "Allow existing trees and shrubs exterior to the sound wall to remain as a natural buffer. Provide "in fill" ponds with native grasses and planting of drought -tolerant trees along the boulevard R.O.W., which provides for one year of established watering." 6. "Provide and irrigation system to ensure that all landscaping and careening is properly maintained by the owner/ developer." The Port Authority requests that Permit Condition No. 6 be deleted, as irrigation is not needed for native grass and drought tolerant trees per La Porte Zoning Ordinances. 7. "Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences." The Port Authority requests that the Permit Condition No. 8 be revised to delete the current text and replace it with, "The revised lighting plan shall adhere to the requirements of applicable City Ordinances." 8. "Enhance the building fagade so that it is architecturally and aesthetically pleasing. The Planning and Zoning Commission must approve the design." Mr. Ian Clowes Planning and Development Department City of La Porte May 20, 2019 Page 3 Since there is only a small electrical and IT building proposed in the new design, the Port Authority requests that Permit Condition No. 9 be replace the it with, "The Planning and Zoning Commission must approve the design of the new building and canopies". This redesign of the existing facility is expected to have a beneficial effect on the surrounding communities by decreasing truck traffic congestion on Barbours Cut Boulevard and State Highway 146. This amendment application will serve as an update to the August 16, 2017 SCUP amendment application. We appreciate your consideration of the Port Authority's application. We believe that the local benefit of these proposed changes could facilitate minimal impact on the surrounding communities. 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The specific tract, which is part of the greater 235 acre development, is located at 3300 Bay Area Blvd. and is legally described as Reserve C, Block 1, Bay Area 28 Subdivision. The property is currently undeveloped. The 9 acre site, that will be impacted by this SCUP amendment, is part of an overall 235 acre development that will include single family residential, along with multifamily and a small commercial tract. The single family and multi -family portions of the development are currently under construction. The current SCUP approved in December of 2017 allows for up to 100 units for the senior care facility component. The applicant would like to increase the amount to 240 units. Staff did not receive any returned comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 7-0 to recommend approval of the proposed SCUP, as presented. Below is a list of all proposed conditions 1. Project Description, as provided by the developer, shall be included as an exhibit to this SCUP document. 2. The community will consist of the land uses shown in Table 1: Table 1 Land UseAcreage* Single -Family (R-2) 143.9 Multi -Family (R-3) 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial (GC) 1.5 Recreation Center & Park 4.1 menitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3. The community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4. The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the proposed multifamily use. 5. The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6. The placement and exact boundaries between the commercial, multi -family, and senior housing tracts may shift within their corner of the General Plan. 7. The multifamily land use would be to specify that it may not increase more than 5% of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. 8. The maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed .1..00 240 units 9. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be 5'-wide (five-foot wide) concrete trails/sidewalks. 10. Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums. 11. Recreation Center will include, but are not limited to: a swimming pool & splash pad area, changing rooms/cabana, fitness facility, tennis courts, a playground, trails/sidewalks, and other related activities/amenities. 12. Recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) shall total approximately ±7.3 acres, not including the lake. 13. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 14. Single -Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard Minimum 45 feet for no more than At build -out of all lots, the Lot Width 35% of the lots average lot width will meet o exceed 50 feet Minimum 5,400 sq. ft. for no At build -out of all lots, the Lot Area more than 35% of the average lot area will meet or lots exceed 6,000 sq. ft. 15. Minimum front building line will be 20' on cul-de-sac and "knuckle" lots. Front building line will be 25' for the rest of the single family lots. 16. Multi -family Density will not exceed 19.6 units per acre and total units will not exceed 350. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #19-91000005 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3749 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000005, AN AMENDMENT TO SPECIAL CONDITIONAL USE PERMIT NO. 17-91000005, TO ALLOW FOR ADDITIONAL SENIOR LIVING UNITS IN THE MORGAN'S LANDING SUBDIVISION, ON A 9 ACRE TRACT OF LAND LEGALLY DESCRIBED AS RESERVE C, BLOCK 1, BAY AREA 28 SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 419-91000005, an amendment to Special Conditional Use Permit 417- 91000005, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for additional senior living units in the Morgan's Landing Subdivision on a 9 acre tract of land legally described as Reserve C, Block 1, Bay Area 28 Subdivision, La Porte, Harris County, Texas, and being part of a 235 acre tract of land legally described as a portion of a 485.14 acre tract in the Richard Pearsall Survey, A-265, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5 The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 22nd day of DULY, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #19-91000005 This permit is issued to: Paul Grohman, Gromax Dev. Owner or Agent For Development of: Legal Description: Zoning: Use: Permit Conditions: Address La Porte Tract — Master Planned Community Development Name West side of Bay Area Blvd. (3300 Bay Area Blvd) Address IIII CIII' IIII I 235 acre tract of land legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey, A-265, Harris County, La Porte, TX PUD, Planned Unit Development Single Family, Senior Living, Multi -family, Commercial This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. Project Description, as provided by the developer, shall be included as an exhibit to this SCUP document. 2. The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single -Family (R-2) 143.9 Multi -Family (R-3) 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial (GC) 1.5 Recreation Center & Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3. the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4. The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the proposed multifamily use. 5. The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6. The placement and exact boundaries between the commercial, multi -family, and senior housing tracts may shift within their corner of the General Plan. 7. The multifamily land use would be to specify that it may not increase more than 5% of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. 8. The maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed .100 240 units 9. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be 5'-wide (five-foot wide) concrete trails/sidewalks. 10. Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums. 11. Recreation Center will include, but are not limited to: a swimming pool & splash pad area, changing rooms/cabana, fitness facility, tennis courts, a playground, trails/sidewalks, and other related activities/amenities. 12. Recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) shall total approximately ±7.3 acres, not including the lake. 13. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 14. Single -Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard At build -out of all lots, the Minimum 45 feet for no more average lot width will Lot Width than 35% of the lots meet or exceed 50 feet 5,400 sq. ft. for no At build -out of all lots, the Minimum more than 35% of average lot area will meet Lot Area the lots or exceed 6,000 sq. ft. 15. Minimum front building line will be 20' on cul-de-sac and "knuckle" lots. Front building line will be 25' for the rest of the single family lots. 16. Multi -family Density will not exceed 19.6 units per acre and total units will not exceed 350 Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Planning and Development Department IlEistala11s1hed 11892 "" u-ss III'ivai�s I )uirra-.toir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000005 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a special meeting on June 20, 2019 to hear a Special Conditional Use Permit request by Paul Grohman of Gromax Development, applicant; for a Special Conditional Use Permit Amendment to allow for additional senior living units in the Morgan's Landing Subdivision. The subject site is located at 3300 Bay Area Blvd and is legally described as Reserve C, Block 1, Bay Area 28 Subdivision. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 7-0 to recommend approval of the proposed SCUP amendment. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Special Conditional Use Permit Application Planning and Development Department 'PROJECT INFO .......... RMATI4N Address where SCUP is being requested: 3501 Bay Area Blvd. LaPorte, Texas 77571 Legal description where SCUP is being requested: RES A BLK 1 (PUD) BAY AREA 28, RES C BLK1 (PUD) BAY AREA 28 HCAD Parcel Number where SCUP is being requested: 1404630010001, 1404630010003 Zoning District: Lot area: A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte. Description of Request: Total number of units will not exceed 240, request that the cap be set at 240. The units may include independent, assisted, memory care, and skilled nursing. Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. Name: CSBP LAND INVESTMENTS, LP Company (if applicable): CSBP LAND INVESTMENTS, LP Address:1300 POST OAK LANE SUITE 1650 City: HOUSTON State: TX Zip: 77581 Phone: 713-333-1600 Email: RC@CSRP.COM AUTHORIZED AGENT Ilf other than owner-, Name: PAUL GROHMAN Company (if appiicable)� .G ROMAX DEVELOPMENT Address:4201 W. BROADWAY City: PEARLAND State: TX Zip: 77681 � Phone:281-412-9210 Email: PAUL@GROMAXTEXAS.COM OWNER(Sf & AdkNT'CERTIFICATION. I hereby depose and state under the penalties of perjury that all statements, proposalls and/or plans submitted with/or contained in this application are true and correct ° W the application i 159ptlylete to the best of my knowledge and belief. Agent's Signature Date: 5-20-2019 Owner(s)' Siignature(s): Date: STAFF USE ONLY. Date Application Received: Case Number: Special Conditional Use Permit Application Planning and Development Department STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: S itr JLl LEGAL DESCRIPTION: 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public hearing; starting at least on the fgllowing date: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4, Said sign shall remain legible and visible for the entire fifteen (1S) day posting period. jif sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a :,p pli c a ing rf Applicant's Printed Name ,SVbscribed an ,worn before me this day ofIby (Print Applicant's Name). Notary Public (seal) Vylly commission expires: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2019 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution 4' Ordinance Exhibits: Ordinance No. 2019-3750 P&Z Recommendation Letter Proposed Land Use Map Existing Land Use Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION This item is a request for consideration to amend the city's Future Land Use Plan in conjunction with a request by Justin Bennett of Phelan -Bennett Development, applicant, on behalf of Carrington F. Weems owner, who is seeking approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The proposed zone change would allow for the development of an industrial office/warehouse building on the site. The property in question is located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The city's Future Land Use Plan (FLUP) identifies the subject property as "Commercial". In order to accommodate the proposed zone change, staff recommends amending the existing FLUP map to show the property as "Light Industrial". The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet, limit the total number of bay doors to 9 and limit the truck maneuverability on site. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Future Land Use Amendment. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City's Future Land Use Plan, for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3750 AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on June 20, 2019, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for that 5.051 acre tract of land located at the northeast corner of S. 16"' St. and the W. M St. ROW, and legally described as follows: Lots 1-32, Block 1144 and Lots 1-32 Block 1143, La Porte Subdivision, City of La Porte, Harris County, Texas, from its present designation of "Commercial", to "Light Industrial", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend the adoption of said proposed amendments to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after duly noticed public hearing held at its July 22, 2019 meeting, and receipt of the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to 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. 3 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 22nd day of JULY, 2019. CITY OF LA PORTE, TEXAS In Louis R. Rigby, Mayor ATTEST: 52 Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department IlEistala11s1hed 11892 "" u-ss III'ivai�s I )IIIra-.tor June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Request #19-92000002 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on June 20, 2019 for a request to amend the City's Future Land Use Plan as adopted in the Comprehensive Plan for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The request was for approval of a change of the future land use designation from "Commercial" use to "Light Industrial" use The Commission voted 4-3 to recommend approval of the proposed amendments to the City's Future Land Use Map. Respectfully submitted, r Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2019 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution Ordinance Exhibits: Ordinance No. 2019-3751 P&Z Recommendation Letter Aerial Map Zoning Map Future Land Use Map Applicant Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION Justin E. Bennet of Phelan -Bennett Development, applicant, on behalf of Carrington F. Weems, owner seeks approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The subject property is located at the NE corner of S. 16t" St. and the W. M St. right of way (ROW) and is legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The 5.051 acre property is currently undeveloped. The applicant requests a zone change to PUD with a Special Conditional Use Permit (SCUP), allowing for construction of a single 109,000 square foot office/warehouse industrial building. If approved, the applicant will apply for a street/alley closure for the remaining city ROW (15t" St. and 2 alleys). The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet, limit the total number of bay doors to 9 and limit the truck maneuverability on site. Staff mailed public notice to all property owners located within 200 feet of the subject property and received one (1) comment sheet in opposition of the proposed request. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Zone Change. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for zone change request #19-92000002, for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3751 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 5.051 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF S. 16TH ST. AND THE W. M STREET R.O.W. AND LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 5.051 acre tract of land located at the NE corner of S. 161h St. and the W. M Street R.O.W. and legally described as Lots 1- 32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, Harris County, Texas, from General Commercial (GC) to Planned Unit Development (PUD). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 22nd day of DULY, 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department IlEistala11s1hed 11892 "" a -ss I11iiVans I Xirrctoir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #19-92000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the June 20, 2019 meeting on a zone change request by Justin Bennet of Phelan -Bennett Development, applicant; on behalf of Carrington F. Weems, owner; for a zone change of property legally described Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, from General Commercial (GC) to Planned Unite Development (PUD). The site is a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW. The Commission voted 4-3 to recommend approval of the proposed zone change. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov s� i z(15 a� Q O d U N U) 0 f2� a� 4- N N U I z(15 a� Q O d U N U) 0 IMIZINSMEEN u a� 4— N N I I U Address where zone change is being requested: 0 North 16th Street, La Porte, Texas 77571 Legal description where zone change is being requested: LTS 1 TFIRU 32 Block 11,144 LTS 17 THRU 32 & TRS 1 THRU 16 IBLK 1143 LA PORTE HCAD Parcel Number where zone change is being requested: 0242030430001 Zoning District: General Commercial Lot area. 177,855 Square -Feet A request for opprovol of a zone change is hereby made to the City of to Porte. Description of Request:! Rezone to Planned Unit Development to re -plat and develop into one single lot for a new building. Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. Name: F. Carrington Weems, l I Company (if applicable): Address 1603 May Street City: Houston Phone: (713) 416-1562 Name: Justin E. Bennett State: Texas Zip:.770119 Company (if appficable):! Phelan, -Bennett, LLC Address: 5301 Polk Street, Building 25 City, Houston State: Texas Zip: 770,23 Phone: 713-502-2704 Email: jbennett@phelandevco.com OWNER(S) & AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and corr,ect and the appkd,tion is complete to the best of my knowledge and belief. Agent's Signature: Own er(s)'Signature (s): Y IV STAFF USE ONLY.- Case Number: Date: 5/15/2019 E"' I IN 531W Polk StreeL, B_lEkJng 5D A Hrxislon, f X 77023 P�-H...LAON BEI\NETT P13) F02 270/1 .... . ..... COM MEMIMIM The City of La Porte Attention: City Mayor/Ci!ty Council 604 West Fairmont Parkway La Porte, Texas 77571 Re,: South 16 1h Street Development Zoning Change/Special Conditional Use Permit M_ "UT1 =_ Since my last presentation to La Porte City Council with respect to the above -reference project requests, I have made several building design changes to address concerns expressedby Council Members. Please refer to Exhibit A. which depicts the revisions to the building site plan and!, elevations. As I previously presented, I bel�ieve it is noteworthy to explaiin the intended future use of the proposed facility. As designed, my industrial building is single -side loaded, and it can accommodate one to two users ranging from 30,000 square -feet up to 108,000 square -feet. Given; the smaller size of the building combined with the fact that it cannot provide a cross - dock loading configuration (i.e. in -bound loading on one side and out -bound load'i�ng on the opposite; side) nor can the building offer trailer storage on site, this will discourage; a heavy truck operation to locate at this project. The facility also has only one point of access along South 16th Street, which would deter a warehousing group that required multiple points of access for a significant number of truck trips per day. Moreover, with the additional design limitations that I have placed on the facility, specifically a red;uced number of dock doors anit' reduced dock maneuvering space, this industrial bu,ilding will be less attractive to a high - trucking warehouse use. The following design changes have been made to the building - The number of dock doors has been reduced by 50% to 7 dock doors. The length of the dock maneuvering area has been reduced from 125 Feet to 102 Feet. Passenger vehicle parking has been added along the South property line. The dock maneuvering area has been further set back from South 16 1h Street. Attached as Exhibit B is a design manual: developed by NAlOP, a leading national commercial real estate association and HPA, Inc., one of the nation's largest industrial architects. This man:ual designates m�inimum design features for "warehouse" design. As depicted on Exhibit B the minimum truck turning radius for standard semi -trucks designates the, minimum maneuvering distance for a single truck, which is 111 Feet and the minimum maneuvering distance for multiple trucks, which is 131 Feet. The manual further states that a 131-foot to 130-foot maneuvering yard is the most functional for users. Therefore, by reducing the dock maneuvering area to 102 feet in my proposed industrial building, this site feature will discourage a high trucking operation due to this operational inefficiency relative to semi -truck loading/u,n loading and circulation. I respectfully request your favorable consideration of my Zoning Change and Special Conditional Permit Use Requests. I look forward to our visit on July 22, 2019, and please contact me if you have any questions regarding this matter. Very Truly Yours, �Astin, E. Bennett cc: F. Carrington Weems m E z LU U CL 0 > a) W W a) c E z E < o i U -j CL PAINT I . LIGHT FIELD PAINT 1111W .1.11111- IA.E PAINT GLAZING PRELMNARY ELEVATIONS SCHEME10 26 June 2019 PHELAN -BEN N ETT .4�q Ll000 L U44 uj RQ co < o V3 o LD LZ U� & M AL AL A ALa Ao AL M M M A, a M A & AL a A a a A a A At, AL AL AL AL, aL i a omis qjqj qlnoS S� A M TELEPHONE INVESTMENTS, INC, 19 PECAN GORGE COURT SUGAR LAND, TEXAS77479 June 27, 2019 City of La Porte City Mayor Members of City Council 604 West Fairmont Parkway La Porte, Texas 77571 Re: Phelan -Bennett Development= Proposed South 16L Street Project Zoning Change and Special Conditional Use Permit Request Dear Mr. Mayor and Members of City Council: Telephone Investments, Inc. owns that certain 2.29 acres of undeveloped land along South 131M Street and M Street in La Porte, Texas. My partners and I understand that our immediate neighbor to the West has requested City Council's approval with respect to a zoning change (Commercial to Planned Unit Development) and a Special Conditional Use Permit for the development of a 108,000 square -foot industrial/distribution type facility. I have met with Justin, Bennett of Phelan -Bennett Development who is the applicant regarding the above -referenced requests, Mr. Bennett provided my partners and me a detailed overview Of his proposed project. We understand the design, function and speculative nature of his project, and we approve of this use of the neighboring land and his related industrial improvements. This letter shall serve as our full support of Mr. Bennett's project, and we believe his intended zone change to Planned Unit Development and related Special Conditional Use Permit request is consistent with a land use/improvement adjacent to a high frequency truck court within the vicinity of an established industrial park. As adjacent neighbors to Mr. Bennett's proposed project, we respectfully request City Council's approval of the same, ly Niza'rlwOesia , Teleph4he Investments, Inc. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 07.22.19 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution 4' Ordinance Exhibits: Ordinance No. 2019-3752 Proposed SCUP P&Z Recommendation Letter Aerial Map Zoning Map Applicant Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION Applicant, Justin Bennet of Phelan -Bennett Development; on behalf of Carrington F. Weems, owner, is seeking approval of a Special Conditional Use Permit (SCUP) to allow for an office/warehouse facility in the PUD zoning district; on approximately 5.051 acres of land, legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The subject site is located at the NE Corner of S. 16th St. and W. M St. The property is currently undeveloped. The owner of the property is in the process of changing the zoning from GC to PUD. The proposed SCUP, will allow them to construct a spec office/warehouse facility. Preliminary layouts for the project show a 109,000 square foot building fronting onto S. 161h St. with the truck docks to the south. The truck bays will be screened from view of S. 161h and SH 146 by architectural elements on the proposed building. The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The item was not heard by the City Council due to the failure of the requested zone change, making the SCUP unnecessary. Staff did not receive any returned comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 tc recommend approval of the proposed SCUP, as presented with three (3) additional conditions. Below is a list of all proposed conditions. 1. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106-310, Table A "Commercial and Industrial Uses" of the City of La Porte Code of Ordinances) as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. Number of "dock high doors" shall be limited to no more than 7 for a total number of large garage type doors not to exceed 9. 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles, or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored "off chassis" overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A "Industrial Area Requirements", of the City of La Porte Code of Ordinances, as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. 8. The front of the building will face 161h Street. 9. The truck docks will be designed such that they are screened from view from 16th Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #19-91000003 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3752 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000003, TO ALLOW FOR AN INDUSTRIAL OFFICE/WAREHOUSE USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 5.051 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 419-91000003 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for an Industrial Office/Warehouse use on a 5.051 acre tract of land located at the NE corner of S. 161h St. and the W. M Street R.O.W. and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, LaPorte, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5 The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 22nd day of DULY, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney This permit is issued to For Development of Legal Description: Zoning: Use: Permit Conditions: 1W14:11011111011 City of La Porte Special Conditional Use Permit #19-91000003 Justin E. Bennet of Phelan -Bennet Development Owner or Agent 5301 Polk St., Bldg. 25, Houston, TX 77023 Address Spec Office/Warehouse Development Name 0 S. 16t" Street, La Porte. TX WAD 0242030430001) Address Lots 1-32 of Block 1144 (including the 15' alley), Lots 1-32 of Block 1143 (including the 15' alley) and the 151" Street ROW from West L Street to West M Street PUD, Planned Unit Development Industrial Office/Warehouse This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106-310, Table A "Commercial and Industrial Uses" of the City of La Porte Code of Ordinances) as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. Number of "dock high doors" shall be limited to no more than 7 for a total number of large garage type doors not to exceed 9. 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles, or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored "off chassis" overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A "Industrial Area Requirements", of the City of La Porte Code of Ordinances, as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. 8. The front of the building will face 16t" Street. 9. The truck docks will be designed such that they are screened from view from 161" Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Planning and Development Department IlEistala11s1hed 11892 —ss III'ivai�s I )III-r-.toir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000003 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on June 20, 2019 to hear a Special Conditional Use Permit request by, Justin Bennet of Phelan -Bennett Development, applicant; on behalf of Carrington F. Weems, owner; for a Special Conditional Use Permit to allow for an industrial office/warehouse use. The subject site is located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the PUD zoning district. The Commission voted 4-3 to recommend approval of the proposed SCUP with a number of additional conditions. These conditions have been added to the final SCUP document. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov I z(15 a� CL O U N U) 0 u a� 4— N N U Planning and Development Department 604 West Fairmont Parkway La Porte, Texas 77571 281-470-5057 OVERVIEW Approval of a Special Conditional Use Permit (SCUP) is required under the following circumstances: I. To consider approval of certain uses identified as "Conditional Uses" in the city's Commercial and Industrial Use table (Section 106-310 of City of La Porte Code of Ordinances) and Residential Use table (Section 106- 3,31). 2. When developing property in a Planned Unit Development (PUD) zone district, consideration of a SCUP is required in accordance with Section 106-659, of the Code of Ordinances. SCUP requests are reviewed by the Planning and Zoning Commission as a public hearing. The Commission consists of residents of the community appointed by City Council. The Commission meets on the third Thursday of every month, as necessary. The Commission will forward a: recommendation to the City Council for final consideration. SUBMITTAL REQUIREMENTS The following application package must be submitted to the Planning and Development Department at least three (3) weeks prior to the desired hearing date, r= IV( I Completed: application form. Application fee of $400; nonrefundable. Site plan, conceptual site plan or general plan, drawn to scale and dimensioned to Show the location of proposed improvements for the development, Project description/justification letter that thoroughly explains what is being requested and why such SCUP should be approved by the Planning and Zoning Commission and City Council, Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the property for at least 10 days prior to the Planning and Zoning Commission meeting date. Such sign will be provided by the Planning and Development Department. PROCESS Upon receipt of a complete application package by the Planning and Development Department, the SCUP request will be scheduled for the next available Planning and Zoning Commission meeting date as a public hearing. The Planning and Development Department will provide the applicant with a Notice of Public Hearing sign that must be posted on the property where the SCUP is being requested. The sign must be posted on the property visible and within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing. The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at City Hall in conformance with legal requirements. Additionally, the city will send notice of the public hearing to all property owners within 200 feet of the subject property where the SCUP is being requested. a Special Conditional Use Per Application; Planning and Development Department The Planning and Zoning Commission public hearing will be held in: the City Council Chamber at City Hall (604 W. Fairmont Parkway). At the meeting, the Planning and Zoning Commission will conduct a public hearing and provide a recommendation to the City Council on the proposed SCUP. if additional information is requested by the Commission, the public hearing may be continued to a future meeting date. The Commission and City Council may impose special conditions on an SCUP in an attempt to ensure compatibility of the proposed development with surrounding properties and the commuinity as a whole. The Commission is tasked to review the proposed SCUP and offer a recommendation to the City Council for approval, denial, or approval with conditions. Y Following the Commission's public hearing, their recommendation on the proposed SCUP is then forwarded to City Council for consideration. For the City Council public hearing, the Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and post notice at City Hall in conformance with legal requirements. The City Council public hearing will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway). At the meeting, the City Council will conduct a, public hearing and render a decision on the proposed SCUP. However, if additional information is requested by the City Council, the puibli;c hearing may be continued to a future meeting date. )ii The following is an excerpt from the City of La Porte's Code of Ordinances pertaining to SCUP requests. CODE REQUIREMENTS Conditional Use Permits Sec. 106-216. - General conditions for all conditional uses in: all zoning districts. (a) A special conditional use permit may be granted by the city council for the construction of a building andi/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (b) Upon application for a, special conditional use permit and submission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided jn,�cgj,)n 10(,-171 (Amendment procedures). The general site plan, major development site plain, minor development site plan, or preliminary plat shall be drawn to scale and shah show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the development ordinance of the city. W After public hearing and upon recommendation of the city planning and zoning commission, the city council may modify the final planned unit development plan and issue a special conditional use permit containing Such requirements and safeguards as are necessary to protect adjoining property. (d) Failure to begin construction within one year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the planning and zoninp, commission!. E"' I IN 531W Polk StreeL, B_lEkJng 5D A Hrxislon, f X 77023 P�-H...LAON BEI\NETT P13) F02 270/1 .... . ..... COM MEMIMIM The City of La Porte Attention: City Mayor/Ci!ty Council 604 West Fairmont Parkway La Porte, Texas 77571 Re,: South 16 1h Street Development Zoning Change/Special Conditional Use Permit M_ "UT1 =_ Since my last presentation to La Porte City Council with respect to the above -reference project requests, I have made several building design changes to address concerns expressedby Council Members. Please refer to Exhibit A. which depicts the revisions to the building site plan and!, elevations. As I previously presented, I bel�ieve it is noteworthy to explaiin the intended future use of the proposed facility. As designed, my industrial building is single -side loaded, and it can accommodate one to two users ranging from 30,000 square -feet up to 108,000 square -feet. Given; the smaller size of the building combined with the fact that it cannot provide a cross - dock loading configuration (i.e. in -bound loading on one side and out -bound load'i�ng on the opposite; side) nor can the building offer trailer storage on site, this will discourage; a heavy truck operation to locate at this project. The facility also has only one point of access along South 16th Street, which would deter a warehousing group that required multiple points of access for a significant number of truck trips per day. Moreover, with the additional design limitations that I have placed on the facility, specifically a red;uced number of dock doors anit' reduced dock maneuvering space, this industrial bu,ilding will be less attractive to a high - trucking warehouse use. The following design changes have been made to the building - The number of dock doors has been reduced by 50% to 7 dock doors. The length of the dock maneuvering area has been reduced from 125 Feet to 102 Feet. Passenger vehicle parking has been added along the South property line. The dock maneuvering area has been further set back from South 16 1h Street. Attached as Exhibit B is a design manual: developed by NAlOP, a leading national commercial real estate association and HPA, Inc., one of the nation's largest industrial architects. This man:ual designates m�inimum design features for "warehouse" design. As depicted on Exhibit B the minimum truck turning radius for standard semi -trucks designates the, minimum maneuvering distance for a single truck, which is 111 Feet and the minimum maneuvering distance for multiple trucks, which is 131 Feet. The manual further states that a 131-foot to 130-foot maneuvering yard is the most functional for users. Therefore, by reducing the dock maneuvering area to 102 feet in my proposed industrial building, this site feature will discourage a high trucking operation due to this operational inefficiency relative to semi -truck loading/u,n loading and circulation. I respectfully request your favorable consideration of my Zoning Change and Special Conditional Permit Use Requests. I look forward to our visit on July 22, 2019, and please contact me if you have any questions regarding this matter. Very Truly Yours, �Astin, E. Bennett cc: F. Carrington Weems W. � 2 ' cu �1 q Q � E / G 0 a O Q � S t �z \ k 7 'a m -j Uo -i E r9 Ili Ir I,I I I r� 17 r� I J Ir:: III II ,t Ill W r W o CN N LL.� N L � WM m 11I Ir l 'i 1I ,t III I.. ZU Q UA 00 W d i r 7 I r i :I 7 it r 7 li r r�l N 1 O- 7 LU Q -- ---. ---- -- -. - -- --- -.. W a T O ---� W w 0 Q Z177, - -�I-, z 00 II I I III I I o � I . FD co co aU � I ZOO I Q I W I I �� I I I II �QO I IL - p. Wu), �w— I IIWUIII I - - � - I � Q I I I I I II II I LO „0 „0�09 „06S „0-109Z I I � „0-,Z06 � N �— I� I � W W U U .N II > O a z o co ¢ OM LID cn Q W c �1 / of W W }� J V' o C1 lo N �� FED I I ..III I I I I I I II � N II II II I I I I t o I I I I I I N N I I I I I I I I I - ❑a❑ - 10 I I I I I � LO I I I I I I I I N (unoN monNi AON3n03NA H_01H) 1 133211S 439E H1f10S o 17" wul S ilig i qj noS \ \ \ \ \� \ 31 45 \ � } \ q \\} }\\� m .4�q Ll000 L U44 uj RQ co < o V3 o LD LZ U� & M AL AL A ALa Ao AL M M M A, a M A & AL a A a a A a A At, AL AL AL AL, aL i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2019 Requested By: Donald Ladd, Asst. Fire Chief Department: Fire Report ir Resolution 1�'°' Ordinance Exhibits: La Porte Fire Control, Prevention, and Emergency Services District budget Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY The continuation of the La Porte Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) was passed after a citywide vote during elections in May 2016. The mission for the District is to provide the community with the most efficient and progressive Fire Prevention, Protection, and Emergency Medical Services possible in an effective and responsible manner. This is accomplished by providing the best possible training, updated equipment, and protocols for the personnel who respond. LPFCPEMSD will incorporate strategies to help the Fire and Emergency Medical Services Departments accomplish its mission. The LPFCPEMSD Board has established the budget, held a public hearing on it, and approved the budget during the June 18, 2019, meeting. The next step in the process is for the budget approved by the Board be presented to the City Council in a public hearing format. The Council will then approve or decline to approve the budget as presented. The budget exhibit that is attached is the same as what was presented to the Board. Staff is recommending Council approval of the LPFCPEMSD budget as passed by the Board. RECOMMENDED MOTION Move to approve the La Porte Fire Control, Prevention, and Emergency Medical Services District budget for the fiscal year 2019-2020, which begins October 1, 2019, as approved by the Board of Directors of the District at its meeting of June 18, 2019. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date City of La Porte, Texas Emergency Services District Fund Summary Beginning Fund Balance Revenues Sales Tax Interest Income Total Revenues Expenditures Fire Prevention Fire Suppression Emergency Medical Services Total Expenditures Actual Budget Estimated Projected 2017-18 2018-19 2018-19 2019-20 $ 482,640 $ 884,235 $ 884,235 $ 1,245,422 1,452, 028 1,250, 000 1,450, 000 1,375, 000 4,467 4,500 8,100 5,000 1,456,495 1,254,500 1,458,100 1,380,000 26,481 19,328 18,128 21,846 713,828 752,056 740,357 833,295 314,591 345,903 338,428 418,193 1,054,900 1,117,287 1,096,913 1,273,334 Ending Fund Balance $ 884,235 $ 1,021,448 $ 1,245,422 $ 1,352,088 City of La Porte, Texas Fire Prevention - ESD Detail of Expenditures Supplies: 2001 Office Supplies 2003 Protective Clothing 2090 Machinery/Tools/Equipment Supplies Subtotal Services & Charges: 3020 Training/Seminars 4020 Motor Pool: Lease Fees Services & Charges Subtotal Capital Outlay 8050 Motor Vehicles Capital Outlay Subtotal Division Total 34-5050-522 Actual Budget Estimated Requested 2017-18 2018-19 2018-19 2019-20 824 3,500 3,500 3,500 625 - - - 1,449 3,500 3,500 3,500 1,762 6,200 5,000 8,200 6,031 9,628 9,628 10,146 7,793 15,828 14,628 18,346 17,239 - - - 17,239 - - - $ 26,481 $ 19,328 $ 18,128 $ 21,846 City of La Porte, Texas Fire Suppression - ESD Detail of Expenditures Personal Services: 1010 Regular Earnings 1012 Sick Buy Back 1020 Overtime 1035 Longevity 1044 Cleaning Allowance 1060 FICA 1065 Retirement 1080 Insurance - Medical 1081 Insurance - Life Personal Services Subtotal Supplies: 2003 Protective Clothing 2007 Chemical 2009 Medical 2019 Training Field Supplies 2090 Machinery/Tools/Equipment 2091 Office Furniture / Equipment Supplies Subtotal Services & Charges: 3020 Training/Seminars 4002 Machinery/Tools/Equipment 4020 Motor Pool Lease Fees 5001 Accounting 9997 Request for Special Programs Services & Charges Subtotal Capital Outlay: 8021 Mach / Tools & Equipment Capital Outlay Subtotal Division Total 034-5051-522 Actual Budget Estimated Requested 2017-18 2018-19 2018-19 2019-20 $ 80,330 $ 80,310 $ 79,231 $ 82,937 1,821 - - - 720 720 772 864 241 241 241 241 6,186 6,218 6,061 6,279 13,503 13,114 12,899 13,361 10,422 12,000 12,000 12,000 9 36 36 36 113,232 112,639 111,240 115,718 40,675 44,750 42,000 51,750 2,965 4,500 3,000 4,500 5,714 7,400 7,400 8,000 5,488 9,250 10,000 10,750 6,666 13,600 12,000 20,100 61,508 79,500 74,400 95,100 20,694 25,400 25,000 28,200 42,073 49,800 45,000 49,800 432,760 446,782 446,782 460,193 5,000 5,000 5,000 5,000 - - - 18,284 500,881 526,982 521,782 561,477 38,207 32,935 32,935 61,000 38,207 32,935 32,935 61,000 $ 713,828 $ 752,056 $ 740,357 $ 833,295 City of La Porte, Texas Emergency Medical Services - ESD Detail of Expenditures Supplies: 2003 Protective Clothing 2008 Educational 2090 Machinery/Tools/Equipment 2093 Computer Equipment Supplies Subtotal Services & Charges: 3020 Training/Seminars 4002 Machinery/Tools/Equipment 4020 Motor Pool: Lease Fees Services & Charges Subtotal Capital Outlay: 8021 Mach/Tools & Equip 8050 Motor Vehicles Capital Outlay Subtotal Division Total 034-5059-522 Actual Budget Estimated Requested 2017-18 2018-19 2018-19 2019-20 $ 15,135 $ 20,000 $ 20,000 $ 20,000 - 5,000 3,000 - 23,944 4,000 4,000 51,000 - 7,000 6,500 38,000 39,079 36,000 33,500 109,000 13,520 21,375 21,000 21,375 45,410 38,300 35,000 35,700 168,446 171,828 171,828 167,118 227,376 48,136 48,136 $ 314,591 $ 231,503 227,828 224,193 78,400 77,100 40,000 - - 45,000 78,400 77,100 85,000 345,903 $ 338,428 $ 418,193 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2019 Requested By: Corby Alexander, City Manager Department: Administration - CMO Report ir Resolution 4' Ordinance Exhibits: Email from Houston Coalition Proposed Ordinance 2019-3753 Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir No SUMMARY & RECOMMENDATION On April 5, 2019, CenterPoint Energy Houston Electric, LLC ("CenterPoint') submitted a Statement of Intent and Application for Authority to Change Rates ("Application") within the City of La Porte requesting a rate increase, riders, and tariff changes. The Application was filed with each municipality exercising original jurisdiction over CenterPoint's electric rates. CenterPoint is requesting a $193.4 million rate increase of which $186.6 million will be collected from retail customers. In addition, CenterPoint is proposing through a separate Tax Cut and Jobs Act (TCJA) Rider, to return approximately $97 million to customers over a three-year period. After the three-year period, the TCJA Rider expires. The City of La Porte, as a local regulatory authority, exercises original jurisdiction over the rates, operations and services of CenterPoint for customers located within the City of La Porte under Section 33.001 of the Public Utility Regulatory Act ("PURA") in the Texas Utilities Code. The new rates would affect rates, operations or services for CenterPoint retail customers within the City. PURA Sections 36.102 and 36.108 provide that the new rates take effect on the thirty- fifth (35t") day of filing. Additionally, PURA Section 36.108 provides that a local regulatory authority may suspend the operation of the Application for ninety (90) days beyond the date the new rates would otherwise be effective. PURA Section 36.109 provides that unless the local regulatory authority establishes interim rates, the rates in effect at the time the Application is filed remain in effect during the suspension period. The average residential customer using 1,000 kWh per month would experience an approximate 1.91 % increase — $2.50 per month for the first three years, assuming an existing retail rate of $0.125 per kWh. Please note that the residential rate above is inclusive of the TCJA Rider. CenterPoint's summary did not show the rate after the TCJA Rider expires in three years. On May 10, 2019, the City Council approved an Ordinance suspending the electric rate adjustments for 90 days to allow further analysis of the proposed new rates. On May 13, 2019, the City Council approved a resolution to participate in the Coalition of Cities to assist in the analysis of the proposed rate increases of CenterPoint Energy Houston Electric, LLC. On June 6, 2019, the Houston Coalition experts filed testimony with the Public Utility Commission related to these requested rate increases. Rebuttal testimony was filed with the Commission on June 19, 2019. On June 24-27 a Hearing on the Merits for this case was held before the State Office of Administrative Hearing (SOAH) administrative law judges. Houston Coalition legal and exerts participated and presented testimony in the Hearings on behalf of the Coalition of Cities. The Coalition of Cities have recommended to the City of La Porte to conduct a public hearing to receive input from residents and/or CenterPoint Energy as it relates to the proposed new rate increases. At this time, the expert utility rate consultants retained to review CenterPoint's New Rates on behalf of the Coalition have concluded that CenterPoint has not yet demonstrated through its application and testimony that its new rates are just and reasonable, non-discriminatory and in compliance with all applicable laws. Therefore, the Coalition of Cities recommends, and staff concurs, that the City Council adopt an ordinance denying CenterPoint's proposed rate increase and maintain existing rates in effect for customers within our community. ACTION REQUIRED BY COUNCIL Conduct a public hearing to hear from residents and/or CenterPoint Energy related to the proposed rate increase. Move to adopt Ordinance 2019-3753 denying rate adjustments proposed by CenterPoint Energy Houston Electric, LLC for customers within the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date From: Talley, Alisa - ARA To: Talley, Alisa - ARA Subject: CenterPoint Energy Houston Electric Rate Proceeding - Coalition Update and Conference Call Scheduled for Thursday, July 18 at 10:30 am Date: Friday, July 12, 2019 10:45:29 AM Attachments: im9oe002.pm Ord-Denv.docx Dear Houston Coalition of City Members: As a reminder, if CenterPoint filed its Statement of Intent and Application for Authority to Change Rates (Application) with your city on April 5, 2019, the deadline for cities to adopt a rate ordinance approving, modifying, or rejecting CenterPoint Energy Houston Electric, LLC's (CenterPoint or Company) Application is August 8, 2019. The Houston Coalition experts recommend that Coalition cities deny CenterPoint's request for a rate increase. Attached is a sample denial ordinance. The experts reviewed the filing and recommended several adjustments which amount to a significant decrease to CenterPoint's overall request. On June 6, 2019, the Houston Coalition experts filed testimony with the Public Utility Commission (PUC or Commission) in the concurrent proceeding at the Commission. Rebuttal testimony was filed with the Commission on June 19, 2019. Combined with the adjustments recommended by the other city coalitions, the cumulative recommendation is an overall reduction to the Company's stated revenue requirement. Copies of the testimony are available by visiting the PUC Filing Interchange at N;7;tt. / r terc.har) Te.r. uc.texaa Tov and entering the control number 49421. On June 24 — June 27 a Hearing on the Merits for this case was held before the State Office of Administrative Hearing (SOAH) administrative law judges (ALJs). Houston Coalition legal and rate experts participated and presented testimony in the Hearing. Because of the truncated timelines for the PUC proceeding, Coalition legal and rate experts worked diligently to finalize and submit the required initial and reply post -hearing briefs due July 9, and July 16 2019. The City of Houston will conduct a public hearing to consider the determination of just and reasonable rates proposed by CenterPoint Energy to be observed in the City of Houston on July 17, 2019. Member cities can also hold a hearing during one of their City Council meetings. On July 31, 2019, Houston staff will make a recommendation to the Mayor and City Council that City Council approve an ordinance denying Centerpoint's proposed rate increase. It is recommended that the member cities of the Houston Coalition of Cities adopt a similar ordinance denying CenterPoint's proposed rate increase and maintaining existing rates in effect for customers within their jurisdiction. A conference call is scheduled for Thursday, July 18, 2019 at 10:30 am (Call -in Number: 1.866.574.2770 Conference Code: 5941750). More detailed information regarding the Coalition experts' recommendations will be provided during the call. If you have any questions, please contact Alisa Talley at 832.393.8531 or Regards, Alisa 'Palley Division Manager Utility Regulation Division I Legislation Analysis 611 Walker, 13th Floor I Houston, TX 77002 PH: 832.393.85311 FAX: 832.393.8517 EM: alisa,,;,ta,lleho;ts,tontx,;, WEB: Utility ;Regulation Website WEB: 1'o,licv Management Website Utility Regulation Complaint Line: 832.393.85911 EM: ttilityc,omplaints,(ilho;ttst,ontx,,;�ov ORDINANCE NO.2019-3753 AN ORDINANCE RELATING TO THE RETAIL ELECTRIC RATES OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC WITHIN THE CITY OF LA PORTE, TEXAS; DENYING RATE INCREASE REQUEST AND REVISED RATE SCHEDULES AND MAINTAINING CURRENT RATES IN EFFECT; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on April 5, 2019, CenterPoint Energy Houston Electric, LLC ("CenterPoint") submitted a Statement of Intent and Application for Authority to Change Rates ("Application") within the City of La Porte, Texas ("City"), requesting a rate increase, riders, and tariff changes (collectively "New Rates"); and WHEREAS, the City, as a local regulatory authority, exercises original jurisdiction over the rates, operations and services of CenterPoint for customers located within the City under Section 33.001 of the Public Utility Regulatory Act ("PURA") in the Texas Utilities Code; and WHEREAS, the City is a member of the Coalition of Cities ("Coalition") in this CenterPoint electric base rate proceeding, as approved by resolution 2019-07 by City Council on May 13, 2019; and WHEREAS, the New Rates would affect rates, operations or services for CenterPoint retail customers within the City; and WHEREAS, on May 10, 2019, City Council adopted Ordinance No. 2019-3738 suspending the effective date of the New Rates until August 8, 2019 (the "Suspension Period"); and WHEREAS, during the Suspension Period, the City participated as part of the Houston Coalition of Cities ("Coalition") with other cities in the CenterPoint rate case proceedings at the Public Utility Commission of Texas ("PUC") related to rates for CenterPoint's unincorporated area (environs) customers and gathered information from CenterPoint; and WHEREAS, on La Porte City Council held a public hearing ("Public Hearing") regarding CenterPoint's Application on July 22, 2019; and WHEREAS, the expert utility rate consultants retained to review CenterPoint's New Rates on behalf of the Coalition have concluded that CenterPoint has not yet demonstrated through its application and testimony that its New Rates are just and reasonable, non-discriminatory and in compliance with all applicable law; and WHEREAS, City Council determines that CenterPoint's rates in effect as of April 5, 2019, ("Current Rates") are the just and reasonable rates to be observed and to remain in force within the City; and WHEREAS, City Council anticipates that a denial of the New Rates will be appealed to the PUC; and WHEREAS, denial of the New Rates would maintain the Current Rates in effect for customers within La Porte, Texas until further changed under the Utilities Code; and WHEREAS, the City Council finds that the public interest will be served by the adoption of an ordinance denying the New Rates, because they promote the adequate and efficient provision of service, are just and reasonable and nondiscriminatory and are in compliance with all applicable law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That CenterPoint's application for New Rates on file with the City is denied in total. Section 3. That the rates currently in effect as of April 5, 2019, for CenterPoint customers receiving service within the City of La Porte, Texas shall remain in effect until further changed under applicable law. Section 4. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 5. 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. PASSED AND APPROVED this day of July, 2019 ATTEST CITY OF LA PORTE, TEXAS Louis Rigby, Mayor APPROVED AS TO FORM Lee Woodward, City Secretary Clark Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2019 Requested By: Matt Daeumer, Asst. Police Chief Department: Police Report ir Resolution 4' Ordinance Exhibits: Draft Updated Massage Business Ordinance, Final Massage Ordinance, and Response to Previous Agenda Request Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir No SUMMARY At the June 10, 2019 City Council meeting, counciImembers T. Garza, B. Lunsford and B. Bentley requested an agenda item to discuss revisions to the City of La Porte Code of Ordinances related to massage businesses. Within the agenda request Councilperson T. Garza provided an agenda request with proposed changes in red. As an exhibit to the current agenda request, staff has provided feedback on those requested items as an attachment. Currently, the City of La Porte has three operational massage businesses. Police compliance checks at one of these establishments has uncovered illegal activity, including various violations of Article VI I —Massage Businesses of the Code of Ordinances for the City of La Porte. These violations have been referred to the La Porte Municipal Court for criminal prosecution and staff has attempted to work with the involved property owners. In spite of these efforts, staff believes that the regulations should be clarified to attain future compliance. The City Manager's Office, Planning & Development Department, Fire Marshal's Office and Police Department met with Joe Madison of "Love People Not Pixels" (a non-profit group that fights the demand for human trafficking by inspiring a culture shift where individuals, families, and communities defend one another from sexual exploitation) as well as with the City's assistant city attorney. Discussions occurred over several meetings to review the best revisions to the City's current Code of Ordinances related to massage businesses. Additionally, staff reviewed ordinances and processes established by other municipalities. To help ensure that massage businesses operating within the corporate limits of the City of La Porte perform in an ethical and legal manner, staff is requesting the amendment of Article VII — Massage Businesses of the Code of Ordinances of the City of La Porte, which would enhance the regulation of establishments of this nature within the City. Specifically, Massage Businesses would be required to adhere to changes highlighted in yellow: Sec. 22-417. - Investigation by the director of planning and the chief of police. (a) Upon receiving the application for a massage business permit, the director of planning and development shall forward the application to the chief of police to conduct an investigation into the applicant's moral character and personal and criminal history, as well as that of any individuals who are or who are proposed to be employees of the applicant. The chief of police may in his discretion require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation. In addition, the following information shall be provided to the chief of police, as follows: Sec. 22-418. - Issuance of massage business permits; appeal of denial of permit application. (a) The director of planning and development shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that: (3) The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien of any nature on the business and/or equipment used therein; and the manager or other person principally in charge of the operation and affairs of the business, or any employees, have been charged with or convicted of a felony or misdemeanor involving moral turpitude, or was placed on deferred adjudication for such offense, unless such charge or conviction occurred at least five years prior to the date of the application; (b) Any applicant denied a permit shall have the right of appeal to city council. Such appeal shall be taken by filing with the city secretary within ten days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city secretary shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and director of planning of the date and time of such city council hearing. Notice of the time and date of the hearing, setting forth the specific grounds upon which the director of planning and development's decision is based, shall be given in writing by the city secretary through certified United States mail to the applicant at their last known address at least five days prior to the date set for such hearing. in the SaMe „annera ded s�bseet;e„brThe council shall by a majority vote either sustain the action of the director of planning and development or issue the permit. Sec. 22-419'-Display of permits. The massage business penmittee shall display 4is, their permit in an open and conspicuous place that is observable by members of the general public, on the premises ofthe massage business. Sec. 22-423'- DeRial, Suspension and revocation mf permits At no time shall the premises of massage business serve as or provide a residence or dwelling. In addition, no massage business shall have any entrance or any exit way providing edirect passageway toany residence orliving quarters. /a\ All massage establishments operating under the authority of this chapter are declared to be public places, and shall not, during business hours, have the doors to the entrances or exits of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be dosed. /b\ A massage business is prohibited from operating as a private, member only enterprise. /r\ All customer access tothe massage business must occur atthe massage business' front door. (d) Outside windows of a massage business shall be transparent and the view from the outside of the establishment into the lobby/waiting area shall be unobstructed. All massage business establishment shall erect and display inaconspicuous place in areas accessible by employees a sign advising the reader of the national human trafficking hotline, 9'1'1 emergency services, and the phone number tothe La Porte Police Department. RECOMMENDED MOTION Consider approval or other action of an ordinance amending Article VII — Massage Businesses of the Code of Ordinances of the City of La Porte for regulations relating to the operation of massage establishments within the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADDING NEW REGULATIONS RELATING TO THE OPERATION OF MASSAGE ESTABLISHMENTS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 22, "Businesses," Article VH "Massage Businesses" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows, to wit: "ARTICLE VII. - MASSAGE BUSINESSES DIVISION 1. - GENERALLY Sec. 22-400. - Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. Employee shall mean any person over 18 years of age, other than a masseur, who renders any service in connection with the operation of a massage business and who receives compensation from the operator of the business or from patrons. Massage means any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet or any instrument. Masseur means any person who engages in the practice of massage as herein defined and who is licensed therefor by the state. The use of the masculine gender in this article shall include in all cases the feminine gender as well. Patron means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. Any person who shall intentionally or knowingly violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed $2,000.00. DIVISION 2. - PERMITS Sec. 22-415. - Business permit required. No person shall engage in or carry out the business of providing massages unless he has a valid massage business permit issued by the City of La Porte pursuant to the provisions of this article for each and every separate office or place of business conducted by such person. Sec. 22-416. - Application for permit. Any person desiring a massage business permit shall file a written application with the director of planning on a form to be furnished by the planning and development department. The applicant shall accompany the application with a tender of the permit fee required by this article, and shall, in addition, furnish the following: (1) The type of ownership of the business, i.e. whether individual, partnership, corporation or otherwise; (2) The name, style and designation under which the business or practice is to be conducted; (3) The business address and all telephone numbers where the business is to be conducted; (4) Such other information, identification and physical examination of the person as shall be deemed necessary by the director of planning or the chief of police to discover the truth of the matters hereinabove required to be set forth in the application; (5) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; (6) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. Sec. 22-417. - Investigation by the director of planning and the chief of police. (a) Upon receiving the application for a massage business permit, the director of planning and development shall forward the application to the chief of police to conduct an investigation into the applicant's moral character and personal and criminal history, as well as that of any individuals who are or who are proposed to be employees of the applicant. The chief of police may in his discretion require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation. In addition, the following information shall be provided to the chief of police, as follows: (1) A complete list of the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business, as well as copies of all current licenses issued by department of state health services for each masseur to be employed at any permitted location. (2) The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than ten percent of the stock of the corporation, and each officer and director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and the holder of any lien, of any nature, upon the business and/or the equipment used therein; and concerning the manager or other person principally in charge of the operation of the business: a. The names, complete residence addresses and residence telephone numbers; b. The two previous addresses immediately prior to the present address of the applicant; c. Written proof of age; d. Height, weight, color of hair and eyes, and sex; e. Two front face portrait photographs taken within 30 days of the date of application and at least two by two inches in size; f. The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation; g. All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the disposition thereof; h. A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives; (3) The names and addresses of three adult residents of Harris County who will serve as character references. The references must be persons other than relatives and business associates; (b) In addition to the requirements of subsection (a) of this section, the director of planning and development shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that such premises comply with all sanitation requirements as set forth in this article and by the state, and with the regulations of public health, safety and welfare. Sec. 22-418. - Issuance of massage business permits; appeal of denial of permit application. (a) The director of planning and development shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that: (1) The correct permit fee has not been tendered to the city, and in the case of check or bank draft, honored with payment upon presentation; (2) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; (3) The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien of any nature on the business and/or equipment used therein; and the manager or other person principally in charge of the operation and affairs of the business, or any employees, have been charged with or convicted of a felony or misdemeanor involving moral turpitude, or was placed on deferred adjudication for such offense, unless such charge or conviction occurred at least five years prior to the date of the application; (4) The applicant has knowingly made any false, misleading or fraudulent statements of fact in the permit application or in any document required by the city in conjunction therewith; (5) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of application; (6) The applicant, if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years. (7) Before any permit shall be issued under this article by the director of planning and development, the chief of police shall first sign his approval for the application. (b) Any applicant denied a permit shall have the right of appeal to city council. Such appeal shall be taken by filing with the city secretary within ten days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city secretary shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and director of planning of the date and time of such city council hearing. Notice of the time and date of the hearing, setting forth the specific grounds upon which the director of planning and development's decision is based, shall be given in writing by the city secretary through certified United States mail to the applicant at their last known address at least five days prior to the date set for such hearing. ;r the same as ^ evid-ed- i^ suh-&ec#ep,+b�.—The council shall by a majority vote either sustain the action of the director of planning and development or issue the permit. Sec. 22-419. - Display of permits. The massage business permittee shall display 4+s their permit in an open and conspicuous place that is observable by members of the general public, on the premises of the massage business. Sec. 22-420. - Fees generally. The permit fee for a massage business shall be $75.00 per calendar year. Permit fees shall not be prorated. Sec. 22-421. - Additional locations. Should any massage business have more than one location where the massage services are to be provided, a separate permit, issued in accordance with this article, is required for each massage business location. Sec. 22-422. - Return of fee. No portion of any fee collected under this article shall be returned after a permit has been issued. Sec. 22-423. - Denial; Suspension and revocation of permits. (a) A massage business permit may be revoked or suspended in any case where any of the provisions of this article are violated, or where any licensee or employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business, including but not limited to, working without a state license, engaging in sexual contact with customers, or working in the nude, and the permittee has actual or constructive knowledge thereof by due diligence. The revocation proceedings shall be as prescribed by subsection (b) of this section. (b) A massage business permit may be revoked or suspended by the city council after notice and hearing for any cause set forth in this section. The director of planning and development or his authorized agent shall initiate such proceedings by petition to the city secretary in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the length of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the director of planning and development's petition is based, shall be given in writing by the city secretary through certified United States mail to the permittee at his last known address at least five days prior to the date set for such hearing. The city council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive. ..ZMI Mee e . . ........... . . ... Sec. 22-424. -Transfer of permit prohibited. No massage business permit is transferable, severable or divisible, and such authority as a permit confers shall be conferred only upon the permittee named therein. Sec. 22-425. - Notice to city of changes in employment. Every permitted massage business shall immediately inform the city of any changes to the list provided in accordance with section 22-416(4) of this article concerning the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business. Sec. 22-430. - Hours. No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. on any day of the week. Sec. 22-431. -Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business. Sec. 22-432. — Residential or dwelling use prohibited; entrances, exits. At no time shall the premises of a massage business serve as or provide a residence or dwelling. In addition, no massage business shall have any entrance or any exit way providing a direct passageway to any residence or living quarters. Sec. 22-433. — Access; open to public; transparent windows. (a) All massage establishments operating under the authority of this chapter are declared to be public places, and shall not, during business hours, have the doors to the entrances or exits of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be closed. . (b) A massage business is prohibited from operating as a private, member only enterprise. (c) All customer access to the massage business must occur at the massage business' front door. (d) Outside windows of a massage business shall be transparent and the view from the outside of the establishment into the lobby/waiting area shall be unobstructed. (e) Any law enforcement officer may inspect a massage business establishment at any time during business hours to determine whether the establishment is in compliance with this chapter and state law. Sec. 22-434. - Sanitation. (a) All premises used pursuant to this chapter shall be periodically inspected during regular business hours by the Director of Planning and Development or his authorized representative for safety of structure and adequacy of plumbing ventilation, heating and illumination. (b) Floors shall be free from any accumulation of dust, dirt and refuse. Well marked toilet and handwashing facilities for permittees, employees and patrons shall be provided. All walls, ceilings, windows and doors shall be free of dust, dirt, refuse and mold. In high humidity areas, including toilet rooms, shower rooms, steam rooms, locker rooms, and other such rooms, the walls, ceilings and floors shall be constructed or covered with a material that is smooth, nonabsorbent and easily cleaned. Sec. 22-435. - Sheets, towels, etc. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. Soiled linens and towels shall be stored in a clearly marked receptacle and shall not be reused prior to laundering. Sec. 22-436. -Animals prohibited. No animals shall be permitted within a massage business at any time. Sec. 22-437. - Equipment. All equipment used for the treatment of patrons at establishments regulated by this article shall be kept in a clean and sanitary condition, and the equipment shall be kept in a good and safe state of repair at all times. Sec. 22-438. — Signage required. All massage business establishment shall erect and display in a conspicuous place in areas accessible by employees a sign advising the reader of the national human trafficking hotline, 9-1-1 emergency services, and the phone number to the La Porte Police Department." Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of LaPorte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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, 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 contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of , 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward City Secretary APPROVED AS TO FORM: Clark T. Askins Assistant City Attorney ORDINANCE NO. 2019-3754 AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADDING NEW REGULATIONS RELATING TO THE OPERATION OF MASSAGE ESTABLISHMENTS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 22, "Businesses," Article VH "Massage Businesses" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows, to wit: "ARTICLE VII. - MASSAGE BUSINESSES DIVISION 1. - GENERALLY Sec. 22-400. - Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. Employee shall mean any person over 18 years of age, other than a masseur, who renders any service in connection with the operation of a massage business and who receives compensation from the operator of the business or from patrons. Massage means any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet or any instrument. Masseur means any person who engages in the practice of massage as herein defined and who is licensed therefor by the state. The use of the masculine gender in this article shall include in all cases the feminine gender as well. Patron means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. Any person who shall intentionally or knowingly violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed $2,000.00. DIVISION 2. - PERMITS Sec. 22-415. - Business permit required. No person shall engage in or carry out the business of providing massages unless he has a valid massage business permit issued by the City of La Porte pursuant to the provisions of this article for each and every separate office or place of business conducted by such person. Sec. 22-416. - Application for permit. Any person desiring a massage business permit shall file a written application with the director of planning on a form to be furnished by the planning and development department. The applicant shall accompany the application with a tender of the permit fee required by this article, and shall, in addition, furnish the following: (1) The type of ownership of the business, i.e. whether individual, partnership, corporation or otherwise; (2) The name, style and designation under which the business or practice is to be conducted; (3) The business address and all telephone numbers where the business is to be conducted; (4) Such other information, identification and physical examination of the person as shall be deemed necessary by the director of planning or the chief of police to discover the truth of the matters hereinabove required to be set forth in the application; (5) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; (6) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. Sec. 22-417. - Investigation by the director of planning and the chief of police. (a) Upon receiving the application for a massage business permit, the director of planning and development shall forward the application to the chief of police to conduct an investigation into the applicant's moral character and personal and criminal history, as well as that of any individuals who are or who are proposed to be employees of the applicant. The chief of police may in his discretion require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation. In addition, the following information shall be provided to the chief of police, as follows: (1) A complete list of the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business, as well as copies of all current licenses issued by department of state health services for each masseur to be employed at any permitted location. (2) The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than ten percent of the stock of the corporation, and each officer and director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and the holder of any lien, of any nature, upon the business and/or the equipment used therein; and concerning the manager or other person principally in charge of the operation of the business: a. The names, complete residence addresses and residence telephone numbers; b. The two previous addresses immediately prior to the present address of the applicant; c. Written proof of age; d. Height, weight, color of hair and eyes, and sex; e. Two front face portrait photographs taken within 30 days of the date of application and at least two by two inches in size; f. The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation; g. All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the disposition thereof; h. A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives; (3) The names and addresses of three adult residents of Harris County who will serve as character references. The references must be persons other than relatives and business associates; (b) In addition to the requirements of subsection (a) of this section, the director of planning and development shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that such premises comply with all sanitation requirements as set forth in this article and by the state, and with the regulations of public health, safety and welfare. Sec. 22-418. - Issuance of massage business permits; appeal of denial of permit application. (a) The director of planning and development shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that: (1) The correct permit fee has not been tendered to the city, and in the case of check or bank draft, honored with payment upon presentation; (2) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; (3) The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien of any nature on the business and/or equipment used therein; and the manager or other person principally in charge of the operation and affairs of the business, or any employees, have been charged with or convicted of a felony or misdemeanor involving moral turpitude, or was placed on deferred adjudication for such offense, unless such charge or conviction occurred at least five years prior to the date of the application; (4) The applicant has knowingly made any false, misleading or fraudulent statements of fact in the permit application or in any document required by the city in conjunction therewith; (5) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of application; (6) The applicant, if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years. (7) Before any permit shall be issued under this article by the director of planning and development, the chief of police shall first sign his approval for the application. (b) Any applicant denied a permit shall have the right of appeal to city council. Such appeal shall be taken by filing with the city secretary within ten days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city secretary shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and director of planning of the date and time of such city council hearing. Notice of the time and date of the hearing, setting forth the specific grounds upon which the director of planning and development's decision is based, shall be given in writing by the city secretary through certified United States mail to the applicant at their last known address at least five days prior to the date set for such hearing. The council shall by a majority vote either sustain the action of the director of planning and development or issue the permit. Sec. 22-419. - Display of permits. The massage business permittee shall display their permit in an open and conspicuous place that is observable by members of the general public, on the premises of the massage business. Sec. 22-420. - Fees generally. The permit fee for a massage business shall be $75.00 per calendar year. Permit fees shall not be prorated. Sec. 22-421. - Additional locations. Should any massage business have more than one location where the massage services are to be provided, a separate permit, issued in accordance with this article, is required for each massage business location. Sec. 22-422. - Return of fee. No portion of any fee collected under this article shall be returned after a permit has been issued. Sec. 22-423. - Suspension and revocation of permits. (a) A massage business permit may be revoked or suspended in any case where any of the provisions of this article are violated, or where any licensee or employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business, including but not limited to, working without a state license, engaging in sexual contact with customers, or working in the nude, and the permittee has actual or constructive knowledge thereof by due diligence. The revocation proceedings shall be as prescribed by subsection (b) of this section. (b) A massage business permit may be revoked or suspended by the city council after notice and hearing for any cause set forth in this section. The director of planning and development or his authorized agent shall initiate such proceedings by petition to the city secretary in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the length of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the director of planning and development's petition is based, shall be given in writing by the city secretary through certified United States mail to the permittee at his last known address at least five days prior to the date set for such hearing. The city council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive. Sec. 22-424. -Transfer of permit prohibited. No massage business permit is transferable, severable or divisible, and such authority as a permit confers shall be conferred only upon the permittee named therein. Sec. 22-425. - Notice to city of changes in employment. Every permitted massage business shall immediately inform the city of any changes to the list provided in accordance with section 22-416(4) of this article concerning the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business. Sec. 22-430. - Hours. No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. on any day of the week. Sec. 22-431. -Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business. Sec. 22-432. — Residential or dwelling use prohibited; entrances, exits. At no time shall the premises of a massage business serve as or provide a residence or dwelling. In addition, no massage business shall have any entrance or any exit way providing a direct passageway to any residence or living quarters. Sec. 22-433. — Access; open to public; transparent windows. (a) All massage establishments operating under the authority of this chapter are declared to be public places, and shall not, during business hours, have the doors to the entrances or exits of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be closed. (b) A massage business is prohibited from operating as a private, member only enterprise. (c) All customer access to the massage business must occur at the massage business' front door. (d) Outside windows of a massage business shall be transparent and the view from the outside of the establishment into the lobby/waiting area shall be unobstructed. (e) Any law enforcement officer may inspect a massage business establishment at any time during business hours to determine whether the establishment is in compliance with this chapter and state law. Sec. 22-434. - Sanitation. (a) All premises used pursuant to this chapter shall be periodically inspected during regular business hours by the Director of Planning and Development or his authorized representative for safety of structure and adequacy of plumbing ventilation, heating and illumination. (b) Floors shall be free from any accumulation of dust, dirt and refuse. Well marked toilet and handwashing facilities for permittees, employees and patrons shall be provided. All walls, ceilings, windows and doors shall be free of dust, dirt, refuse and mold. In high humidity areas, including toilet rooms, shower rooms, steam rooms, locker rooms, and other such rooms, the walls, ceilings and floors shall be constructed or covered with a material that is smooth, nonabsorbent and easily cleaned. Sec. 22-435. - Sheets, towels, etc. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. Soiled linens and towels shall be stored in a clearly marked receptacle and shall not be reused prior to laundering. Sec. 22-436. -Animals prohibited. No animals shall be permitted within a massage business at any time. Sec. 22-437. - Equipment. All equipment used for the treatment of patrons at establishments regulated by this article shall be kept in a clean and sanitary condition, and the equipment shall be kept in a good and safe state of repair at all times. Sec. 22-438. — 5ignage required. All massage business establishment shall erect and display in a conspicuous place in areas accessible by employees a sign advising the reader of the national human trafficking hotline, 9-1-1 emergency services, and the phone number to the La Porte Police Department." Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of LaPorte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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, 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 contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of , 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward City Secretary APPROVED AS TO FORM: Clark T. Askins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 10, 2019 Councilmembers Garza, Requested By: Lunsford, and Bentley Department: City Council Report i' Resolution ir" Ordinance Exhibits: Current Massage Parlor Ordinance Current Massage Parlor Application Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir No SUMMARY & RECOMMENDATION Councilperson Garza provided an agenda request in writing for the following proposed chainges or ad6flons ain:? in in:?d and uigdei llliigedp, "This petition is intended to make it harder to operate a brothel under the guise of a legitimate business by amending Ord. No. 2015-3598 Sec. 22-418 to convert the permit issued to a conditional use permit. The original language of Ord. No. 2015-3598 Sec. 22-418 is listed below, with amendments notated. Ord. No. 2015-3598 Sec. 22-418. - Issuance of con6flonamassage business permits. The director of planning and development shall issue a massage business permit within 30 days of receipt of the application unless he finds that: (1) The correct permit fee has not been tendered to the city, and in the case of check or bank draft, honored with payment upon presentation; (2) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; (3) The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien of any nature on the business and/or equipment used therein; and the manager or other person principally in charge of the operation and affairs of the business, or any employees, have been convicted of a felony or misdemeanor involving moral turpitude, or was placed on deferred adjudication for such offense, unless such conviction occurred at least five years prior to the date of the application; (4) The applicant has knowingly made any false, misleading or fraudulent statements of fact in the permit application or in any document required by the city in conjunction therewith; (5) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of application; (6) The applicant, if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years. (7) Before any permit shall be issued under this article by the director of planning and development, the chief of police shall first sign his approval for the application. uIT� fer^ n e Ord IPA 2019...xxxx Sec xx...xxx for the con6flons liu"n noun nu.snliunn^nn V............................................................................................................... ..IIIpV yI !LR .2....:( .IL:..ft Ord IPA 2019...xxxx ................................................................................................... Sec xx...xxx Con6flons for Con6flonall Il assa e IC:3unliness IC:�nIe rnlit Staff didn't recommend changing the process of issuing massage business permits to require a special conditional use permit ("SCUP"). All conditions that would be required in a SCUP have been addressed in the revisions to the ordinance. By creating the requirement of a SCUP would add up to three (3) additional months to the process, which would affect those business that are operating in an ethical and legal manner. in nn^uITunli� Issued under tIhn s sectn can be unvoI,,e at any flime for viol fl ns Iin llu611n In2gt in t ....V................................................................................................................................................................................................................................................................................................................................................................................................................2......................................... L!L!IT..!Ite :to :the foI1L . .l.o..2... to aIlner^ to and uineet aIIII the nee;nsair t ap pgE 1Il2n^ nn^uITunii� li un li�1i II III/. Adding verbiage to Sec 22-418 to cover this. : li 11 u.s uIT� to aIln ein to t Ih e fo HoWng 2pgu,gflonaIl uin nn n^ n2121lnll Sll1i ne,int rngy 2,u2]ypg[gte IlDetween the hours f &00 A.11 l t IC „ y,, Leave existing hours in ordinance. It works for our other establishments. In Qa.stsn de Windows of a 'nassagg n2jgn lnllli;nlhrnent ;nlhan Il be trann gn uIT nt and the vliew from the outsde Into the II Ilnlln /wan iflna ain a shaII Inns^ a.snIln;ntuITucb:? . Added this to Sec. 22- 433(d) II II 2irs Ilnn�IIII uIT� rna� n unll ll�,,e u.suITliun a uITu'n ll na. s; nn�ss Ihouirs Current) in our ................... ..................q................................................................................................................................................ Y ordinance. Sec. 22-433, clarified verbiage. nlln^ Ilnu.snliunn^^nn Ilnn^uIT� Ilan^unnn;^ uinnn n^ �Ilnn^^uITnlin� nuIT�lin^^n n nll ...............h.......................................................................................................................................................................................................................,, ................ q....................................... J i....................................................................................................................... p[ggj!Iit1io uneuIT Iiun unaununeuITc o un sli eunt.. n "a2,pllic allnlln^lll the II exas (")crosDafl ns Code s amendedarnended Is eeunI frorn thl ii Staff and Assistant City Attorney does not recommend; this change could also be a safety issue with a therapist locked alone in the business with a customer should something go wrong. Our current ordinance does not allow for solo practitioners to lock the door. Ali unn g Ilnli lln nuIT vide Ilnnuilliiinn^ iquirnllber for e traffii ll�iiun yjcflrns u'nust be li nlln� g� .................. 2..............2........................................... J........................................................................................................................................................................................................................2....................................................................................................... h.............."................ Added to Sec. 22-438, but is already part of state inspection. 2 i un iiiuine Ilnn�llll a urn,ass n^ n^ni llnlliinllnuinn^u�i nu'ovid �^ rIT:?siideiq e r din^Illliiu� i !D22,0 .................................................................................................................................2.................................................................................... h.........,,..,,.....................................................................................................................................2.................................................Ji.................." !b:12g gy Currently in our ordinance. Sec. 22-432, clarified verbiage. icenses ;n;na. e Il:)y the State for the estat llli;nlhrneigt and the g2pl2 uJSl iuqin lit who aii-�:::N uIT� . u.sliuIT� t have a State Illi nceiigse amass be 6s,�212Y2gn2,g,2,iyyiiewalt lle with,t,he Ilojb,by uIT nniiiiiin� Permit required in Sec. 22-419, clarified verbiage; we cannot regulate state licenses. 22.222 2ffi.22.0g.2.22'�iunie uIT e,rnjpll2,Y2Il2yIl n,^in nuuIT n^unn^ini n g,^2 illnii i yin 21111,1111121111 �liceiiqsed nu de II' iiq fo uIT eiinn^uni i ` ffi'ceuIT ernjpll g Iln ill g iii u"nn n^unin^uIT nniiillnnuu.si n^Ila illnn^ V................................................................................................................................................................................................. En :?uinli;nes of a rnassag2 n21gn lnllli;nlhrneigt Secti ns 455 104 and55 353 of the :...,,.IIexas...(")c 9iJI.:toiiq.".......f°:.. f enti, and access t illnn^ nuIT� uinlinn,^n � illnn^ uin nn n^ n^ni llnlllinllnuinn^u�i lin n^u�lin^ uIT ......................................"...........................................................................................................Ji........................................................................................................................2........................................................................................................................................................ n�^II n�^ n�H' Ilnn�llll ne u"n, a'de under a uillnnuuITiii f 9 nNgEa2t 1 liigspgg ill22 uin §2 g statflli,shrnep Currently in ordinance Sec. 22-433 In II II gu::!Etorner access t the Ilea. s; sues amass occur at the Ilna.s;niiuness' �.°Ueair ai ui obvk)u s liroint. p„IT Add to ordinance Sec. 22-433(c) uin;nn n^ n^nillnlllinll uuinn^u ni uin a ni Il urn^ u n II III Ilia^ liu nnlin^ the Ilnu.snliu nn^nn niuITu.siu.suIT� . We discussed this and due to having other businesses that are cash only, we didn't feel it was prudent to try to regulate this, although a cash only business may be an indication of illegal activity. 'ng§2gge estat llli;nlhrnn iqt may 2t Il gY2 a 2l o blich li;s vli;nlillnlle from the outsde of the Inu.slilllin Ilnlillnnllnn^^n uIT Iln gun n^^n IIuITn." We discussed this and it would require a change to the sign ordinance would adversely affect other businesses in the city. Councilpersons Lunsford and Bentley are co-sponsors for the item. ACTION REQUIRED BY COUNCIL Move to direct the City Manager and City Attorney to draft an ordinance amending Section 22.418 of Ordinance 2015-3598, concerning issuance of conditional massage business permits. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 07/22/2019 Requested By: Matt Hartleib Department: Administration - HR Report ir Resolution 1�'°' Ordinance Exhibits: Compensation Presentation Market Data Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY In June of 2017 and later as part of the annual budget process, staff presented to Council, results from a compensation and classification review. Recommended changes resulting from that review were approved and effective on 10/01/2017. In April of 2019, Council received presentations of salary studies conducted by the EMS and Fire departments accompanied by recommendations to increase certain pay grades and salaries for EMS and Fire staff by 20% and 25% respectively. Those approved changes went into effect on 6/1/2019. On July 2, 2019, members of the La Porte Police Officers Association and City Management staff participated in a Meet and Confer meeting to discuss compensation for covered employees. Both sides agreed to approve the market study conducted earlier this year and the recommended increases to the Civil Service Pay Scale. The total cost of the market based increases is just below the contractually agreed to cap of 5%. Pending approval from the LPPOA membership, these changes will be presented to Council for approval and will be effective 10/01/2019. Staff has completed an updated salary survey for all other non -civil service positions on the general pay grade structure. This includes positions in grades 8-44 and does not include positions that report directly to Council. This survey includes benchmarked positions with responsive comparator cities supplemented by a regional compensation survey conducted by the Houston Galveston Area Council in 2018. Results of this survey indicate that the current City of La Porte pay structure for grades 8-44 is 5% lower than the market. It is recommended that pay ranges for grades 8-44 on the general pay structure be increased by 5%. To avoid an increase in existing compression issues in these grades, it is also recommended that salaries for employees in these ranges be increased a corresponding 5%, and the City continues to operate the existing merit program. RECOMMENDED MOTION Consider and discuss presentation from staff regarding a salary study and recommended adjustments to the City of La Porte Position Classifications (pay grade structure) Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date wF L V 4— O O!IE- u 0 cry O 4- V m 4— O N N C� CL Ili EE E FE o •O X N + 73 73 O O Ln 07 _0 N N o O N O W N CAA - ro _ N N -o � - _0 f6 � � Q Q — Q f6 4-, o pA 4-J N o o U EE- -4ch NQ:~'Z • 0 0 0 Ol 00 O N i O N bD 0 0 O Q) U 'lk u V) Q) bn a) 0 4-+ c O 0- E Q 0 Ln c--i O aA O bn 4— O E E .C: E O Q Q 00 U U 0 0 Lfi O N N _0 _0 c c C6 f'� C6 C6 -a -a a 4-+ 4-+ 4-+ 4-+ E ' I� Q0 Ln d' a) r-i r-i r-i O O O O .�+ N N N N 0 0 0 0 0 �-+ O o E m O E � U •- Q LZ - 3 O O � o E �, E 4— J U O v p m tvp i _ J m a o >. bn O w p .� -0 U Q Q cn � C CW C �O N 4 i O oU s— CO N c6 � OU ,� i E L.L U (� O a- V s— y— N GJ W :3 C •� i — cn O > .— °' Q �, E Z) ° o 0 O E tw i m ;1_+ — r .L- oo O tvD � � Q O O O aA 00 c� a� � ° •� � cn O 4—+ _0•— •� hA hA :� O 4-+ U 4-1 U -0 M a� E U o 4-, 4-, -0 O 4-J w Q °; _ •O -E-' O X C 4-' 4j > � O E ,� o o '� -0E a� O c� O w OU Lei U r . �, O U w ._ W >- w m w O o O w -0� E o 0 s— O _0 O s' cn I Q CAA — c6 c� E L- 0 City of La Porte Position Classification Hourly Annualized Classification midpoint I midpoint 2018 HGAC Regional Survey City of Baytown City of Deer Park City of Friendswood City of League City Average midpoint Grade 008 1 $15.3151 $31,856 $3.5,0291 $29,9281 $38,0531 $37,779 $31,972 $34,4531 1 1 $31,813 $36,973 Grade 009 1 $15.9271 $33,128 Grade 010 1 $16.5641 $34,453 $35,831 $39,841 Grade 011 1 $17.2261 $35,831 $39,7061 $34,8641 $39,7071 $41,336 $38,452 Grade 012 1 $17.9151 $37,264 Grade 013 1 $18.6321 $38,754 $37,9731 $3.5,9921 1 $37,779 $36,973 $41,7391 1 $41,336 $43,125 Grade 014 1 $19.3781 $40,307 $44,4471 $40,2501 $45,4531 $45,985 $41,528 Grade 015 1 $20.1521 $41,917 Grade 016 1 $20.9601 $43,596 $49,1181 $41,1981 $43,1341 $43,918 $41,413 $48,3211 $40,7361 $44,3941 $46,500 $46,828 Grade 017 1 $21.7981 $45,340 Grade 018 1 $22.6701 $47,153 1 $47,0801 $46,5511 $43,918 $43,8S3 Grade 019 1 $23.5761 $49,038 $56,4411 $48,4061 $44,8421 $56,493 $42,678 Grade 020 1 $25.6341 $53,318 F 1 $47,0811 1 1 $49,402 $57,678 Grade 021 1 $26.6591 $55,451 $67,8281 $63,5131 $52,7791 $64,426 $56,099 Grade 022 1 $27.7251 $57,669 Grade 023 1 $28.8361 $59,978 $59,8741 $71,8581 $56,7261 $73,216 Grade 025 1 $31.1881 $64,872 $71,7211 $72,0621 $76,494 $65,190 Grade 026 1 $32.4351 $67,465 Grade 027 1 $33.7321 $70,163 $75,4961 1 $67,812 $77,5821 $75,4961 $67,5891 $77,974 $68,343 Grade 029 1 $36.4851 $75,888 $71,314 Grade 030 1 $37.9441 $78,924 Grade 031 1 $39.4621 $82,080 $86,2241 $96,6411 $72,0291 $89,000 $98,373 Grade 034 1 $44.3901 $92,331 F $125,6251 $88,7021 $123,6981 $104,5601 $89,837 $126,5601 $99,2211 $104,2181 $124,4521 $101,484 Grade 035 1 $45.8221 $95,309 F Grade 041 1 $58.4141 $121,501 $157,9921 $135,3031 $124,8141 $142,531 $128,792 $144,0431 $158,3591 $132,5631 $153,370 $158,431 Grade 044 1 $65.7061 $136,668 Variance 1 109% 102% 103% 109%1 101% Average market variance 105% Council Agenda Item July 22, 2019 9. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee Meeting, Monday, August 12, 2019 • Budget Workshop Meetings, week of August 12th • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • City Council Meeting, Monday, August 26, 2019 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 11. EXECUTIVE SESSION City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding City Secretary Lee Woodward. City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding City Manager Corby Alexander. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. ******************************************************************