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HomeMy WebLinkAbout02-28-22LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilperson District 2 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District 4 JAY MARTIN Mayor Pro Tem Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 Notice is hereby given of a regular meeting of the La Porte City Council to be held February 28, 2022, beginning at 6:00 pm in the City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, Texas„ for the purpose of considering the following agenda items. All agenda items are subject to action. Remote participation is available, also. Attend via a screen using this link: https://us02web.zoom.us/-2/87338451427?pwd=N HRwSVJuMVBwZkJrRiUrUTQOMHFMZzO9 Join by phone at 888-475-4499 or 877-853-5257. The meeting ID is 873 3845 1427 and the passcode is 540673. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Minister Rachel Cotton, Agape Centric Inc. PLEDGES — Will be led by Councilperson Brent McCaulley. 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) Police Department - Best Practices Re -Recognition Presentation. [Louis R. Rigby, Mayor] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 5. CONSIDERATION OF COUNCILPERSON ABSENCES (a) Presentation, discussion, and possible action to consider excusing the absence of Councilperson Brandon Lunsford from the February 14, 2022, City Council meeting, in accordance with the City Council Attendance Policy. [Louis R. Rigby, Mayor] 6. 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 regular City Council meeting held on February 14, 2022. [Louis R. Rigby, Mayor] (b) Adopt Ordinance 2022-3866 to update the City's records and information management program. [Lee Woodward, City Secretary] (c) Approve sponsorship agreement with the Houston Yacht Club for the hosting of regattas in 2022. [Corby Alexander, City Manager] 7. 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 2022-3869 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000001, to allow for a secondary dwelling unit on a 0.53-acre tract of land located at 9305 Carlow Lane and legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas in the Low Density Residential (R-1) zoning district; followed by discussion and possible action to consider adopting Ordinance 2022-3869 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000001 to allow for a secondary dwelling unit on a 0.53-acre tract of land located at 9305 Carlow Lane and legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas in the Low Density Residential (R-1) zoning district. [Teresa Evans, Planning & Development Director] (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3870 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000001, a change from Medium Density Residential (R-2) to Low Density Residential (R-1) for an 11.3-acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas; followed by discussion, and possible action to consider adopting Ordinance 2022-3870 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000001, a change from Mid Density Residential (R-2) to Low Density Residential (R-1) for an 11.3-acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas. [Teresa Evans, Planning & Development Director] (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3871 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000002, a change from Medium Density Residential (R-2) to Low Density Residential (R-1) for a 9.98-acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas; followed by discussion, and possible action to consider adopting Ordinance 2022-3871 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000002, a change from Mid Density Residential (R-2) to Low Density Residential (R-1) for a 9.98-acre tract of located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas. [Teresa Evans, Planning & Development Director] (d) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3872 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000003, a change from Medium Density Residential (R-2) to Low Density Residential (R-1) for a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72- 78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas; followed by discussion, and possible action to consider adopting Ordinance 2022-3872 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000003, a change from Mid Density Residential (R-2) to Low Density Residential (R-1) for a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72- 78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas. [Teresa Evans, Planning & Development Director] 8. REPORTS (a) Receive the 2021 La Porte Police Department Racial Profiling Report as presented by the Chief of Police. [Steve Deardorff, Police Chief] 9. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee meeting, March 14, 2022 • City Council meeting, March 14, 2022 • Planning and Zoning Commission meeting, March 17, 2022 • City Council meeting, March 28, 2022 10. COUNCIL COMMENT 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, Councilpersons, and City staff, for which no formal action will be discussed or taken. 11. EXECUTIVE SESSION (a) Texas Government Code Sec. 551.071 (1)(A) - Pending or Contemplated Litigation: The City Council will meet in closed session with the City Manager and legal counsel to discuss SV Sons HWY 146, LLC vs. City of La Porte, Texas. [George Vie, Counsel for City; Clark Askins, Assistant City Attorney; Corby Alexander, City Manager] 12. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURN 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. 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. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. I, Lee Woodward, City Secretary, do hereby certify that a copy of the February 28, 2022, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE TIME TAKEN DOWN Lee Woodward, City Secretary On behalf of the Texas Police Chiefs Association Law Enforcement Recognition Program, Chief Richard Reff will present the La Porte Police Department with its Re -Recognition for meeting all requirements for Best Practices of Law Enforcement, as established by the Texas Police Chiefs Law Enforcement Recognition Program. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Louis R. Rigby, Mayor Department: City Council • Report c - Resolution Ordinance Exhibits: None Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes r No SUMMARY & RECOMMENDATION This item has been added for consideration by City Council of the absence of Councilperson Brandon Lunsford from the February 14 meeting, per the Council's adopted Rules of Procedure, excerpted below. Councilperson Lunsford made the required notification on January 10. 5.04 Rules for Attendance at Regular Meetings of the City Council Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall forfeit his or her office by failing "to attend three consecutive regular Council meetings without being excused by the Council". A member of City Council who will not be able to attend a regular Council meeting shall make a reasonable effort to notify the Mayor, the City Manager's Office, or the City Secretary's Office prior to the meeting, and shall indicate the reason for his or her inability to attend. Absences shall be considered excused if for personal illness, family illness, emergencies, funerals, military service, family events including vacations, weddings, and graduations, business obligations, official city business such as attendance at a conference for municipal officers, or for other good cause as determined by the Council. At the next regular meeting following the meeting at which the member was absent, the City Council shall consider a vote to determine whether the member's absence is deemed excused or unexcused. Absence from a regular meeting shall be considered unexcused if the member fails to convey the reason for his or her absence to the Mayor, City Manager or City Secretary or otherwise fails to give sufficient information to the City Council to enable it to determine the reason for the absence. Furthermore, absence due solely to the refusal of the member to participate in a meeting through telephonic or video conference call, when such measures are legally available to the member in accordance with state law, shall be considered unexcused when the member fails to show good cause why the member could not participate through such methods. If a member is absent for more than fifty (50) percent of a meeting without being excused by the City Council in accordance with rules and procedures established herein, the member shall be considered absent from such meeting. ACTION REQUIRED BY CITY COUNCIL Consider excusing the absence of Brandon Lunsford from the February 14, 2022, City Council meeting. LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE FEBRUARY 14, 2022 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District JAY MARTIN Mayor Pro Tem Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, February 14, 2022, 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, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: Brandon Lunsford Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mavor Riabv called the meetina to order at 6:00 D.M. 2. INVOCATION — The invocation was given by Reverend Dee Spears, Fairmont Park Church, and pledges were led by Councilperson Jay Martin. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Recognition of the Employee of the Year, Kelly Lathrem. [Louis R. Rigby, Mayor] b. Recognition of the Manager of the Year, Lindsay French. [Louis R. Rigby, Mayor] c. Recognition of the service of Randy Hanks. [Louis R. Rigby, Mayor 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Dennis Wise of recyclops spoke on his recycling enterprise. 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 regular City Council meeting held on January 24, 2022. [Louis R. Rigby, Mayor] b. Approve expenditure of the La Porte Development Corporation in an amount not to exceed $27,308.00 to fund an economic incentive agreement between the La Porte Development Corporation and Mark Rosado for the construction of Battleground Saloon at 116 S. Broadway St. [Corby Alexander, City Manager] c. Adopt Resolution 2022-01 authorizing the City Manager on behalf of the La Porte Police Department to submit an application for the General Victim Assistance Grant through the Governor's Office for Fiscal Year 2023, in order to continue full or partial funding for the Crime Victim Liaison position. [Steve Deardorff, Police Chief] d. Adopt Ordinance 2022-3867 for street and alley closure request #21-25000005, to vacate, abandon, and close the H Street right-of-way situated between North Broadway Street and 8t" Street, and authorizing the execution and delivery of a deed to the adjoining landowners and repealing Ordinance 2021-3855. [Corby Alexander, City Manager] e. Adopt Ordinance 2022-3868 approving amendments to the City of La Porte Fiscal Year 2021- 22 Budget. [Shelley Wolny, Assistant Finance Director] f. Authorize the City Manager to execute a professional services contract with CobbFendley and Associates, Inc. for engineering required for utility relocations related to the State Highway 146 widening project. [Ray Mayo, Director of Public Works] Councilperson Bentley pulled item b and Councilperson Garza pulled items e and f. Councilperson Garza moved to postpone consideration of item b to the next meeting; the motion was not seconded and was not considered. Councilperson Bentley moved to approve items a, c, and d; the motion was seconded by Councilperson McCaullev: the motion was adopted. 8-0. Councilperson McCaullev moved to approve an expenditure of the La Porte Development Corporation in an amount not to exceed $27,308.00 to fund an economic incentive agreement between the La Porte Development Corporation and Mark Rosado for the construction of Battleground Saloon at 116 S. Broadway St.; Mayor Pro Tem Martin seconded the motion; the motion was adopted. 6-2. Counciloersons Bentlev and Garza votina aaainst. Councilperson McCaullev moved to adopt Ordinance 2022-3868 approving amendments to the City of La Porte Fiscal Year 2021-22 Budget; the motion was seconded by Councilperson Enaelken: the motion was adopted. 7-1. Councilperson Garza votina aaainst. Councilperson McCaullev moved to authorize the City Manager to execute a professional services contract with CobbFendley and Associates, Inc. for engineering required for utility relocations related to the State Highway 146 widening project; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-1, Councilperson Garza voting against. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve amendments to the March 27, 2017, Local Government Code Chapter 380 Agreement between the City of La Porte and Oakland Land & Development, Inc. [Corby Alexander, City Manager] Councilperson McCaullev moved to approve amendments to the March 27, 2017, Local Government Code Chapter 380 Agreement between the City of La Porte and Oakland Land & Development, Inc.; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-1, Mayor Pro Tem Martin voting against. 7. REPORTS a. Receive report of the Drainage and Flooding Committee meeting. [Mayor Pro Tem Martin, Chair] Mayor Pro Tem Martin reported the Committee met and received updates on the project with the City of Pasadena and with HCFCD, as well as other City projects, and expects to meet next on March 14, 2022. 8. ADMINISTRATIVE REPORTS • Planning and Zoning Commission meeting, February 17, 2022 • Fiscal Affairs Committee meeting, February 28, 2022 • City Council meeting, February 28, 2022 City Manager Corby Alexander introduced new Assistant Emergency Management Coordinator, Adam Kolenc. 9. 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, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated those recognized earlier in the meeting, encouraged EMS and Parks to hang on to Kelly and Lindsay, and offered condolences to the Hanks family; urged those interested to support and not oppose recyclops; mentioned with regret the closing of The Medicine Shop and lauded its owner, Neil; and fondly remembered former Lomax and City of La Porte City Clerk/City Secretary, chair of the Planning Commission, and Councilperson Betty T. Waters, who passed last week. 10. EXECUTIVE SESSION a. Texas Government Code Sec. 551.071 (1)(A) -Pending or Contemplated Litigation: The City Council will meet in closed session with the City Manager and legal counsel to discuss SV Sons HWY 146, LLC vs. City of La Porte, Texas. [George Vie, Counsel for City; Clark Askins, Assistant City Attorney; Corby Alexander, City Manager] b. Texas Government Code Sec. 551.072 - Deliberation regarding the purchase, exchange, lease or value of real property: The City Council will meet in closed session with the City Manager, Director of Public Works, and Assistant City Attorney to discuss the lease of real property at the La Porte Municipal Airport. The Council convened in executive session at 7:17 p.m. 11. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 8:18 p.m. Regarding item a, the Council met with attorney George Vie, via Zoom. Councilperson McCaulley moved to direct counsel to proceed with discussions with the opposing party, as addressed in closed session, and return to the Council for further direction, and to take appropriate post -summary judgment steps; the motion was seconded by Councilperson Engelken; the motion was adopted, 8-0. Regarding item b, Councilperson Garza moved to direct staff to negotiate a lease of real property at La Porte Municipal Airport with TriStar; the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. ADJOURN — Without objection, the Council adjourned at 8:21 p.m. Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: City Secretary's Office Department: City Secretary Report c - Resolution c- Ordinance Exhibits: Proposed Ord. 2022-3866 Existing 1990 Ordinance 1675 Redline comparison of both ordinances RIM PPT Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY & RECOMMENDATION In 1990, pursuant to state statute, the City of La Porte adopted Ordinance 1675 governing records management. In the years since, the City has grown in complexity in terms of size, variety of work methods, storage systems and overall volume of records to be managed. In the same time, the field of records and information management and the laws that relate to it have likewise expanded. This ordinance has been reviewed with the aim of updating the City's records and information management. Microphotography is heavily discussed in the 1990 ordinance, but is much less prevalent with the rise of digital storage. Regardless, methodologies and such detailed information is more appropriate in a process manual than an ordinance. Additionally, the passage of Texas S.B. 944 in 2019 and its modifications to the Public Information Act regarding temporary custodians emphasized the importance of understanding that the definition of governmental records remains based on production and content and not on distinctions in where the information is stored (there's a good brief from the Texas Association of Counties available online at https-//www.county.org/News/County-Issues/2019/Novem ber/SB-944-Public- Information-Act-Temporary-Custodian). Public information requests in the last few years have begun to include more references to other devices used by staff and the necessity of being able to properly (and promptly) store, access, and conduct disposition for records in many formats and locations. The City Secretary and Open Government Analyst recommend adoption of Ordinance 2022-3866 in order to update the City's records and information management program to reflect current practices in this field and their proper application to the City as an organization. ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2022-3866, updating the City's records and information management ordinance. ORDINANCE 2022-3866 AN ORDINANCE AMENDING THE ADMINISTRATION OF THE RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF LA PORTE, TEXAS; DESIGNATING THE CITY SECRETARY AS THE RECORDS MANAGEMENT OFFICER; PROVIDING GENERAL OUTLINE OF DUTIES; PROVIDING OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND FOR ALL OTHER MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING FOR CODIFICATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the Texas Local Government Records Act required the governing body of each local government to adopt an ordinance, order, or plan establishing a records management program before January 1, 1991; and WHEREAS, the City of La Porte established an active and continuing program for the efficient and economical management of all City of La Porte records on January 22, 1990, and now desires to update the records management program provide for an orderly and efficient system of records retention, retrieval, and destruction of the City's records; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. Purpose. Recognizing that the citizens of La Porte have a right to expect, and the City has an obligation to foster, efficient and cost-effective government, and recognizing the central importance of local government records in the lives of all citizens, the City Council of the City of La Porte finds that: 1) the efficient management of local government records is necessary for the effective operation of the City; 2) the preservation of City records of permanent value is necessary to provide staff, residents, and those providing services to and doing business with resources concerning their history and to document their rights of citizenship and property; 3) convenient access to advice and assistance based on well -established and professionally recognized records management techniques and practices is necessary to promote the establishment of sound records management programs in local governments; and 4) the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of local government records is necessary to fulfill these important public purposes. It is declared to be the policy of the City to have a robust resilient records and information management program that oversees efficient, economical, and effective creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures. SECTION 2. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commission means director and librarian of the Texas State Library and Archives Commission (TSLAC). The director and librarian of TSLAC monitor standards in the fields of information and records management developed for use by federal agencies or adopted by national organizations to set standards and recommend any needed amendments to rules and practices. • Custodian means the appointed or elected public officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives City government records. • Department means a City department, division, or the functional equivalent. • Department director/division manager means the officer who by ordinance, order, or administrative policy is in charge of an office of the City. • Digital, when used in reference to a record, means the record is maintained in an electronic data format that requires an electronic device to create, store, access, retrieve, or read the record. • Employee means a person employed by the City. • Essential record means any record of the City necessary to the resumption or continuation of operations of the City in an emergency or disaster, to the recreation of the legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the state. (These are sometimes referred to as vital records, but the City will reserve that term for birth/death/marriage records, as retained by Harris County.) • Local Government Records Act means Title 6 (Records), Subtitle C (Records Provisions Applying to More Than One Type of Local Government), of the Texas Local Government Code, and includes the rules adopted by the Texas State Library and Archives Commission. • Permanent record and record of permanent value mean any City record for which the retention period on a records retention schedule issued by the state library and archives commission is given as permanent. • Physical, when used in reference to a record, means that the record is maintained in a tangible form, such as paper, photographic film, analog tape, or a similar medium. • Records retention schedule (or records control schedule) means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City, their retention periods, and other records disposition information that the records management program may require. • Records liaison officers means the persons designated under Section 8. • Records management/records and information management (RIM) means the application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term records management includes the development of records retention schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space -effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. The term Records and Information Management (RIM) Program also includes the plan developed under Section 4. • Records management officer means the person designated in Section 5. • Retention period means the minimum time that must pass after the creation, recording or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Nomenclature: The following conventions apply for the normative specifications in this Recommended Practice: a) the words `shall' and `must' imply a binding and verifiable specification; b) the word `should' implies an optional, but desirable, specification; c) the word `may' implies an optional specification; d) the words `is', `are', and `will' imply statements of fact. Note — These conventions do not imply constraints on diction in text that is clearly informative in nature. SECTION 3. City Records Declared Public Property. All City records are declared to be property of the City. No City officer or employee shall have, by virtue of his office or employment, any personal or property right to any such records even though he or she may have developed or compiled them. No person shall destroy, remove, or use any City record except as authorized by law or the policies and procedures of the City. However, no policy or procedure regarding use, removal, or destruction of City records shall be adopted which conflicts with this division or applicable state or federal law, and nothing contained in this division shall be construed to authorize the disclosure of City records which are exempt from disclosure under state or federal law. SECTION 4. Records and Information Management (RIM) Program. There is established a records and information management (RIM) program. The City Secretary shall administer the records and information management program and shall be responsible for Citywide files management. In addition, the City Secretary shall have direction and control of the City's records disposition program. This program shall be created and conducted in accordance with State law and the recommendations of the Texas State Library and Archives Commission. SECTION 5. Duties of the Records Management Officer (RMO). A. The City Secretary is the Records Management Officer (RMO) under Local Government Code, § 203.025 (Designation of Records Management Officer) for the City, and shall: 1) appoint a City Records Manager to implement this chapter, who shall be subject to the direction of the City Secretary/RMO; 2) develop, implement, and administer a Citywide records management program that complies with the Local Government Records Act; 3) coordinate, and to the extent practicable, standardize records management practices among City departments and divisions; 4) chair any City records or information governance or oversight committee: 5) serve on any City technology governance or oversight committee; 6) prepare, review, and approve each new and amended records retention schedule for each City department, and make necessary changes to the schedules at intervals set by the records management program; 7) receive reports from the City Records Manager for noncompliance with the records management program by a department director, City employee, or City contractor; 8) provide storage, retrieval, and destruction services for physical records no longer required to be kept in active office space and transferred to the records center; 9) provide support for Citywide document and imaging management systems and services designed to manage digital records; 10) provide consulting services and training to departments and employees on the implementation of the records management program, records and information technology requirements, and other subjects related to records and information management; 11) assist department/division records liaisons to identify essential records and establish a disaster recovery plan for records; and 12) develop procedures to ensure the permanent preservation of the historically valuable records of the City. B. Subject to the direction of the City Secretary, the City Records Manager may perform a duty assigned by this section to the City Secretary. SECTION 6. Records Management Program. A. The Records Manager shall submit the records management program to the City Secretary for approval. The records management program approved by the City Secretary is the City's records management program. B. The records management program must: 1) comply with the Local Government Records Act; 2) to the extent practicable, standardize records management practices among City departments; 3) in cooperation with the commission, establish guidelines for the implementation of records retention schedules; 4) establish training requirements for department records liaisons; 5) establish guidelines for City information technology systems and services to ensure that the systems and services create, store, manage, protect, preserve, dispose of, and provide access to records in compliance with the records management program; 6) establish guidelines for the destruction of records, including the information that must be maintained in a destruction log; 7) improve the efficiency of record -keeping; 8) enable the City Secretary to perform the duties prescribed by this chapter; 9) establish guidelines and eligibility criteria for transferring records to microfilm, or to an electronic or digital format, including guidelines for the disposition of records that have been transferred; 10) provide adequate protection of the essential records of the City, including a disaster recovery plan for records; 11) regulate the operations and use of the storage building serving as the depository of inactive records with continuing value to the City; and 12) establish guidelines to ensure the preservation of long-term or permanent physical and digital records of the City. SECTION 7. Duties of a Councilperson/Council Office. A. Councilpersons shall maintain any record created or received by the Councilperson or the Councilperson's office in compliance with the records management program. B. Unless the City Secretary is the records management officer for a Councilperson's office, the Councilperson must perform the duties of the records liaison as if the Councilperson's office were a department/division, or allow the City Secretary's office to assume those duties. SECTION 8. Responsibilities of Department Directors/Division Managers. All City department directors/division managers are responsible for the implementation and operation of effective files operations, record transfers and dispositions, and other activities within their areas of responsibility. They shall designate records liaisons within their offices and provide the City Secretary/RMO and Records Manager the names of such designees and of all file categories and storage locations under their supervision. Persons designated as records liaisons shall report directly to the director of their department/manager of their division on matters relating to the records management program and should have appropriate access to all files in their department. In the event of the resignation, retirement, dismissal, or removal by action of the department/division head of a person designated as a records liaison officer, the department/division head shall promptly designate another person to fill the vacancy. A department/division head may serve as records liaison officer for the department/division. SECTION 9. Responsibilities of Records Liaisons. Each records liaison shall: 1) cooperate with the City Secretary to implement the records management program in the department/division; 2) distribute information about the records management program to department/division employees; 3) ensure that the creation, storage, retention, destruction, disposition, security, and accessibility of the department's/division's records are in compliance with the records management program; 4) identify essential records of the department and establish, implement, and maintain a records disaster recovery plan; 5) review the department/division practices at intervals set by the City Secretary to determine if they comply with the records management program; 6) review each new information technology system or system enhancement to ensure that the system or system enhancement addresses and complies with the records management program; and 7) notify the City Secretary within 24 hours of the discovery of any loss, theft, or damage to a department record. SECTION 10. Department/Division Information Management Teams. A. Each department/division shall have an information management team consisting of: 1) the department's/division's information administrator, who is the chair of the team; 2) a City Secretary's staff member; and 3) for a department that has more than one division or physical location: a) at least one employee, designated by the director, who is responsible for information management in each division in the department; and b) at least one employee, designated by the director, who is responsible for information management in each separate location of the department. B. The information management team shall: 1) meet at intervals set by the information management program; 2) review the records retention schedule and records management practices at intervals set by the City's Records Management Officer to determine whether the departmental/divisional practices are in compliance with the information management program, and implement corrective action for program compliance; 3) complete reports required by the City's Records Management Officer; and 4) complete training required by the information management program. SECTION It. Records Retention Schedules. The Records Management Officer and Records Manager, in compliance with the latest TSLAC record retention schedules, as amended, shall review the City's program to determine if City practices justify additional modification of the schedules. SECTION 12. Records Storage. The City Secretary shall coordinate with the City Manager and IT Manager maintain adequate records storage, both physically and digitally, as needed to properly administer the City's records management program. The Records Management Officer shall determine if a City archives is necessary for the security and maintenance of and access to historical materials. If established, the Records Management Officer shall establish policies and procedures regulating the operations and use of such archives. SECTION 13. 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, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. SECTION 14. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this, the day of 12022. ATTEST: Lee Woodward, City Secretary CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Clark T. Askins, Assistant City Attorney ORDINANCE NO. 1675 AN ORDINANCE GOVERNING RETENTION AND DISPOSITION OF PUBLIC CITY RECORDS; PROVIDING FOR THE MICROPHOTOGRAPHY, DESTRUCTION AND OTHER DISPOSITION OF PUBLIC RECORDS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Subtitle C, Title 6, Texas Local Government Code, provides that any incorporated city may adopt an ordinance providing for the microphotography, destruction, or other disposition of public records, and WHEREAS, the City of La Porte desires to adopt an ordinance for that purpose and to provide for an orderly and efficient system of records retention, retrieval, and destruction; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITION OF CITY RECORDS. All papers, correspondence, memoranda, accounts, reports, maps, plans, photographs, sound and video recordings, files, micro£orms, magnetic or paper tapes, magnetic or optical disks, punched cards, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any city office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty or function of public business, whether or not confidential or restricted in use, are hereby declared to be records of the City of La Porte, and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner. Library and museum materials acquired solely for reference, exhibit, or display and stocks of publications shall not constitute records for purposes of this ordinance. Section 2. CITY RECORDS DECLARED ON PUBLIC PROPERTY. All city records as defined in Section 1 of this ordinance are hereby declared to be property of the City of La Porte. No City official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Section 3. POLICY. It is hereby declared to be the policy of the City of La Porte to provide for efficient, economical and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. Section 4. RECORDS MANAGEMENT RESPONSIBILITY ESTABLISHED. The City Secretary is hereby appointed the City Records Management Officer, and'is responsible for directing and coordinating all records management operations for City offices and departments. The City Secretary shall have the following records management responsibilities and duties, and other records management duties as assigned by the City Manager: 1. Plan., formulate, and prescribe basic files management and records disposition policies, systems, standards, and procedures. 2. Prepare records retention schedules in cooperation with department heads for all City offices and departments and establish retention periods for all records. Retention periods shall be approved by department heads for departmental operating requirements and shall be approved by the City Attorney for legal requirements, and by the City Manager for overall city administrative and historical requirements. ORDINANCE NO. 1675 Page 2 3. Design and manage the operations of a Records Center for the low cost storage of inactive records, or contract with a commercial records center for the safe storage, servicing and disposal of the City records in accordance with established procedures. 4. Audit department compliance with records retention schedules, and report to the City Manager failure of any officer or department to comply with established records retention and disposition procedures. 5. Review retention schedules annually and update and amend as needed. 6. Define and identify vital records and establish vital records protection measures and procedures for protecting vital information, in order to enable the City to re-establish operations quickly and with the minimum of disruption and expense in the event of a local disaster. 7. Develop a uniform administrative subject file classification and indexing system for filing and controlling general subject file material, including a subject filing procedures manual. 8. Prepare, disseminate and maintain a records management procedures manual to meet the current and long-term information needs of the City. 9. Train department heads and other personnel in the fundamentals of records management and their duties and responsibilities in the records management program. 10. Provide records management advice and assistance to all City offices and departments through preparation and maintenance of a records management procedures manual, through training, and through on -site consultation. 11. Direct and coordinate all micrographic, magnetic or electronic image management operations or activities that may be deemed necessary and appropriate for the effective management of City records. 12. Establish a city-wide forms management program to control the initiation, design, use, printing, stocking, reordering of City forms, and the disposal of obsolete forms. 13. Establish and monitor compliance with standards for filing and storage equipment and supplies in all City offices and departments, and report to the City Manager failure of any officer or department to comply with standards. 14. Coordinate the city-wide records management program and report annually to the City Manager on program activities and accomplishments in each City department. 15. Develop procedures to insure the permanent preservation of the historically valuable records of the City. 16. Protect privacy and assure availability of public information from records stored in the records center; bring to the attention of the City Manager any office not in compliance with laws and ordinances regarding public access to information or protection of privacy. 17. Prepare and submit annually to the City Manager the budget requirements for the records management operations to fulfill the records management goals of the City. o ORDINANCE NO. 1675 Page 3 Section 5. OFFICE OF RECORDS ADMINISTRATION. The City Secretary shall appoint a City Records Administrator who shall administer the City records management operations under the guidance and supervision of the City Secretary. The City Records Administrator shall perform all records management administrative functions assigned by the City Secretary in the fulfillment of the records management responsibilities specified in this ordinance. Section 6. RESPONSIBILITIES OF CITY DEPARTMENT HEADS. All City office and department heads are responsible for the implementation and operation of effective files operations, records, transfers and dispositions, and other activities in accordance with the provisions of this ordinance within their areas of responsibility. They shall designate Records Coordinators within their offices and provide the City Secretary with the names of such designees and of all file stations and file custodians under their supervision. Persons designated as Records Coordinators shall report directly to the head of their department on matters relating to the records management program and should have full access to all files in their department.. Section 7. RESPONSIBILITIES OF RECORDS COORDINATORS. The Records Coordinator in each office or department is responsible for providing coordination between the City Secretary and personnel in his or her office to ensure the compliance with provisions of this ordinance. This responsibility shall include overseeing the implementation of records retention schedules and vital records protection schedules within the office or department. Section 8. CITY OFFICES TO USE RECORDS RETENTION SCHEDULES. All City offices and departments shall adopt records retention schedules and destroy, transfer, or otherwise dispose of records only according to such schedules. Section 9. DEVELOPMENT OF RECORDS RETENTION SCHEDULES. Records retention schedules shall be prepare aWd—approved in accordance with the Records Management Procedures Manual prepared by the City Secretary and approved by the City Manager. Any irreconcilable problems in obtaining agreement for operational, legal and city administrative and historical requirements from the department head, City Attorney and City Manager respectively, shall be submitted by the City Secretary to the City Manager for resolution and final disposition. Revision of retention periods shall be submitted for required approvals in the same manner as the original retention schedules. When a records retention schedule is approved at all required levels, it shall thenceforth constitute full authority to transfer, destroy or take other actions prescribed, and the City Council hereby directs that such action be taken by the City Secretary or under her supervision. The City Secretary shall notify the State Librarian of intended destruction of records, as required by law, but no further notice to the City Council shall be required. Section 10. ONE-TIME DESTRUCTION OF OBSOLETE RECORDS. Prior to adoption of records schedules for an office, one-time destruction of accumulated, obsolete records of that office may be made by or under the supervision of the City Secretary. Prior to such destruction, the City Secretary shall submit lists of records to be destroyed to the City Manager and 'the City Attorney, who shall give notice within ten (10) working days of any records they believe should not be destroyed; and such records shall be retained for a period suggested by either. The City Secretary shall also submit notice as required by law to the State Librarian. Obsolete records shall include those no longer created by the office or department and no longer needed for administrative, legal, fiscal, or other research purposes. ORDINANCE NO. 1675 Page 4 Section 11. PRESERVATION OF PERMANENT RECORDS. The City Secretary shall develop procedures to insure the permanent preservation of the historically valuable records of the City. The City Secretary shall provide housing under archival conditions for such records, in the Records Center, or in another municipal facility, and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. If City owned facilities are not available, the City Secretary shall arrange for the transfer of the records to the Texas State Library for perpetual care and preservation on one of its nearby Regional Historical Resource Depositories, or shall make other arrangements for their permanent preservation not contrary to law or regulation.. In no circumstances, shall the permanent records of the city by transferred to private individuals, to private historical societies or museums, or to private colleges or universities. Section 12. NON -CURRENT RECORDS NOT TO BE MAINTAINED IN OFFICE FILES. Records no longer required in the conduct of current business by any office of the City shall be promptly transferred to the Records Center or archives or the State Library, or be destroyed, at the time such action is designated on an approved records retention schedule. Such records shall not be maintained in current office files or equipment. Section 13. MICROGRAPHICS PROGRAM ESTABLISHED. A centralized micrographics program shall be designed and implemented by the City Secretary to serve all City offices and departments. No office or department shall operate a separate micrographics program, and no City funds may be expended to film, or to contract with a service company to film, any City records, except with the approval of the City Secretary. Section 14. RECORDS TO BE MICROPHOTOGRAPHED. The City Secretary shall determine how long the various records of the City could be stored, before the cost of storage during their retention periods, would exceed the cost of preserving them in microfilm. In making this determination, the City Secretary shall compare long- term lease of low-cost storage facilities, in addition to, or in place of, any records storage building operated by the City, with the cost of microphotography. In calculating comparative costs, the City Secretary shall consider document preparation and .refiling time of staff, and other indirect costs of micrographics, as well as the cost of separate archival storage for master negatives of microfilm. Records determined to be more economically stored on microfilm shall be microphotographed and, in addition, the City Secretary shall include the following types of records in the micrographic program: 1. Those which the Records Management Officer determined are of historical value and whose preservation are best insured by microphotographing the records on archival quality film. 2. Those which because of the nature of the information they contain are indispensable to the continued operations of an office and, therefore, should be microphotographed to provide a security copy. 3. Those which because of high volume use require frequent and/or large number of copies to be made which could be made most efficiently or economically through microfilm. Section 15. MICROGRAPHICS STANDARDS. Microfilm used for archival or security purposes as outlined in Section 14 must meet the technical standards for quality, density, resolution, and definition of the American National Standards Institute as required by law. The master negatives of such film shall not be used for making use copies and shall be stored off -site under the environmental and security standards of the American National ORDINANCE N0. 1675 Page 5 Standards Institute. Microform records must be indexed. The City Secretary or an authorized deputy shall check and certify that a microform record is a true and accurate duplication of the original record and shall cause to be included as part of the microform record certification images to that effect. All microfilming shall be done in accordance with Texas State Library and Archives Commission standards and procedures. Section 16. ACCESSIBILITY OF RECORDS ON MICROFORM. The public is hereby given identical access to records on microform to which they would be entitled under law if the records were in an other medium. Section 17. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 18. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this 22nd=day of January , 1990. OF LA PORTE BY Zr-.man L Mal6ndr, Mayor ATTEST: I �U' el� A.: � i �-- Cherie Black City Secretary APPROVED: Rnox W. Askins City Attorney ORDINANCE �`T�?52022-3866 AN ORDINANCE AMENDING THE ADMINISTRATION OF THE RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF LA PORTE, TEXAS; DESIGNATING THE CITY SECRETARY AS THE RECORDS MANAGEMENT OFFICER; PROVIDING GENERAL OUTLINE OF DUTIES; PROVIDING OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND FOR ALL OTHER MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING FOR CODIFICATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ... .. .. .161111 . ..X-4MAJ LAIWAIN 111FAN. ... ... .. ... . .. - -- •- WHEREAS, the Texas Local Government Records Act required the governing body of each local government to adopt an ordinance, order, or plan establishing a records management program before January 1, 1991; and WHEREAS, the City of La Porte established an active and continuing program for the efficient and economical management of all City of La Porte records on January 22, 1990, and now desires to update the records management program provide for an orderly and efficient system of records retention, retrieval, and destruction of the City's records; now, therefore, r.ruEnEr c c,,Y.4 t-1 e r m 4 �' r , l rer.i-.n =T+ Gee e _ pa' Qa'i_� , � , mil____"'--__-- - ---r r- - that an r=er-ateel eity ffiay aelept an eicelinanee pi=evi e3 nejf e e ffilei=ephetegi=aphy, elest ref ren ew' eh ee i= el i s p e s i t i 6n ef pidbAmser-c cerc .-,- WHEnETc, the rl4�y of ia g6at—e ecsi r-eli fe 4l 4 pHEpese anel te pr-eviele feE an eEderly anel effieie y = ,� st efr---r r1' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. Purpose. Recognizing that the citizens of La Porte have a right to expect, and the City has an obligation to foster, efficient and cost-effective government, and recognizing the central importance of local government records in the lives of all citizens, the City Council of the City of La Porte finds that: 1) the efficient management of local government records is necessary for the effective operation of the City; 2) the preservation of City records of permanent value is necessary to provide staff, residents, and those providing services to and doing business with resources concerning their history and to document their rights of citizenship and property; 3) convenient access to advice and assistance based on well -established and professionally recognized records management techniques and practices is necessary to promote the establishment of sound records management programs in local governments; and 4) the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of local government records is necessary to fulfill these important public purposes. It is declared to be the policy of the City to have a robust resilient records and information management program that oversees efficient, economical, and effective creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures. 11 VA VA SECTION 2. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: • Commission means director and librarian of the Texas State Library and Archives Commission (TSLAC). The director and librarian of TSLAC monitor standards in the fields of information and records management developed for use by federal agencies or adopted by national organizations to set standards and recommend any needed amendments to rules and practices. • Custodian means the appointed or elected public officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives City government records. • Department means a City department, division, or the functional equivalent. • Department director/division manager means the officer who by ordinance, order, or administrative policy is in charge of an office of the City. • Digital, when used in reference to a record, means the record is maintained in an electronic data format that requires an electronic device to create, store, access, retrieve, or read the record. • Employee means a person employed by the City. • Essential record means any record of the City necessary to the resumption or continuation of operations of the City in an emergency or disaster, to the recreation of the legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the state. (These are sometimes referred to as vital records, but the City will reserve that term for birth/death/marriage records, as retained by Harris County.) • Local Government Records Act means Title 6 (Records), Subtitle C (Records Provisions Applying to More Than One Type of Local Government), of the Texas Local Government Code, and includes the rules adopted by the Texas State Library and Archives Commission. • Permanent record and record of permanent value mean any City record for which the retention period on a records retention schedule issued by the state library and archives commission is given as permanent. • Physical, when used in reference to a record, means that the record is maintained in a tangible form, such as paper, photographic film, analog tape, or a similar medium. • Records retention schedule (or records control schedule) means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City, their retention periods, and other records disposition information that the records management program may require. Records liaison officers means the persons designated under Section 8. Records management/records and information management (RIM) means the application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term records management includes the development of records retention schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space -effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. The term Records and Information Management (RIM) Program also includes the plan developed under Section 4. Records management officer means the person designated in Section 5. Retention period means the minimum time that must pass after the creation, recording or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Nomenclature: The following conventions apply for the normative specifications in this Recommended Practice: a) the words `shall' and `must' imply a binding and verifiable specification; b) the word `should' implies an optional, but desirable, specification; c) the word `may' implies an optional specification; d) the words `is', `are', and `will' imply statements of fact. Note — These conventions do not imply constraints on diction in text that is clearly informative in nature. ... . . .. . .... . . z z z4; z z SECTION 3. City Records Declared Public Property. All City records are declared to be property of the City. No City officer or employee shall have, by virtue of his office or employment, any personal or property right to any such records even though he or she may have developed or compiled them. No person shall destroy, remove, or use any City record except as authorized by law or the policies and procedures of the City. However, no policy or procedure regarding use, removal, or destruction of City records shall be adopted which conflicts with this division or applicable state or federal law, and nothing contained in this division shall be construed to authorize the disclosure of City records which are exempt from disclosure under state or federal law. #IqrpGi Ina t-epr-eC�i �i y e iE e �Lp€„ei�emgmi e e�effi�ai� d ve i� the Lye faainten-.nee, idse,elispesitien integi=at-eeli=e of all Gity reeerels fer- threidgh a f eeffipr-ehensive systefft ef L,ei -ices to tL,ei 1-Fie i r -.__-_--_g-----v.t e i ti E eEeatien E dltimate e SECTION 4. Records and Information Management (RIM) Program. There is established a records and information management (RIM) program. The City Secretary shall administer the records and information management program and shall be responsible for Citywide files management. In addition, the City Secretary shall have direction and control of the City's records disposition program. This program shall be created and conducted in accordance with State law and the recommendations of the Texas State Library and Archives Commission. SECTION 5. Duties of the Records Management Officer (RMO). A. The City Secretary is the Records Management Officer (RMO) under Local Government Code, § 203.025 (Designation of Records Management Officer) for the City, and shall: 1) appoint a City Records Manager to implement this chapter, who shall be subject to the direction of the City Secretary/RMO; 2) develop, implement, and administer a Citywide records management program that complies with the Local Government Records Act; 3) coordinate, and to the extent practicable, standardize records management practices among City departments and divisions; 4) chair any City records or information governance or oversight committee: 5) serve on any City technology governance or oversight committee; 6) prepare, review, and approve each new and amended records retention schedule for each City department, and make necessary changes to the schedules at intervals set by the records management program; 7) receive reports from the City Records Manager for noncompliance with the records management program by a department director, City employee, or City contractor; 8) provide storage, retrieval, and destruction services for physical records no longer required to be kept in active office space and transferred to the records center; 9) provide support for Citywide document and imaging management systems and services designed to manage digital records; 10) provide consulting services and training to departments and employees on the implementation of the records management program, records and information technology requirements, and other subjects related to records and information management; 11) assist department/division records liaisons to identify essential records and establish a disaster recovery plan for records; and 12) develop procedures to ensure the permanent preservation of the historically valuable records of the City. B. Subject to the direction of the City Secretary, the City Records Manager may perform a duty assigned by this section to the City Secretary. iaesjaensilei!its--anEi E4itieEi, anEi etlieia iaeeeiaEin aft a-s-siEjneel ley l-re--G ity4anaE�eia 2 elispesalef�re—Gity pr-eee4t ices e=er i=elanee withestablished . l r. ,-..i ,., +L'�T"e the G fa�ie—e f`y s e e ' m r+ e �t y e'ia any + -glt li t-alel�slieei Ei i+ e elispesitien Review e eeffijaly e s iaeeeiaeis iaetentren a p3Fe i== tentien iS . ,4 e 4 i sehee €-ems rye-icels jer-e-teetm infe tien, ia= s anEi jar-eeeEim�iiaes - - - - - - "' j vital in te--enable the Gity te-i=e-establish eper-,+ k ll rlEi eiFEieiF ---- Twit,, the + Eisr�ptie y _ Epae efai e eal ffiiniffiaffi e 4isss; Deyele €ei .., � ; r r+ +; ,,, ,, �p t�filing vFell,v, �T,�r l e�f1ry ,y, �+1V lVi y r'ITJ 1T _nE --n+ __ ^ J Je_ + n + n ,i leng-tei�ffi infeiFFftatien pr-eeeel,aiFes 9.T-iaa�4ffient fm�inelaffi_ nl_ ffianaal o-Fftee�h e enter lieaEisrrn "' t tom_ e lr ti t h e Eespensilailities-tither �n� of n���-e�l-E�ce—�-e6-� - - e rye -ffian � J e ffie = n el e= e r ,�v; eEekiti-e . s ems . i t-a ,-, . + -, l l G nEi +t-,r-e and s s s n e n+enanee effiees Eiepai4FRents 1fu ,-, Eatien -, l + L, of ., ., .l dm 'r _ = e tli3Fe�ighi en-sri + .eens�altatien. r-eeeekirt_ - , ie is - Jam_ Gn+y L=e 12. - re s . Establish m + ,el ,+ the e rEie—€e nt piFeegEam eenti fe--r 13.Establish en, re-4isjee s a l o f ele e l t feiaffi i t e f i l i a^nEi ffie n eE eeffiplianee with stanelaiFEis-€eE ,lGm6tyeffiees n anel steicate +�G i t AMana(�eia €-a�l�rrae f anel ff�eeia Eiejaai4ffients, eic elegy 14. aneirye-rote to GeeiFelin-,+e eeffijelye the t m6 t lz� Ei L-a R ela ic ele- iele-rFeeiFEi e r n e te t-lie City e Me a rya^ _____--ally `-' `-' - l - - 19 '- - - _ - - '- 8eve1ep in TnT-_r r�' eien r �-�r-crrrerr. �-''�i-'r-r tens"rFthe jaiae(�iaaffi aet�vities m-,r_n+ + tlz2e l3m6steiaie 36. lly Pr-e piFeeeEiaiFes va le—r-=eeerae Tft4'e p� Gity. piFeseiFvatie - f ic "�e6-T��.. the e availaleilm6ty ,, r + ,,. � o �T,tTtE� the 3n+re�1 en��e�"�T�e6-T�s---stir e r„r e ie �=_�e te in-€eiFffiatien e-nEi ei�elina =-- regaiFEia„g pab ems _,.+eet --- SECTION 6. Records Management Program. A. The Records Manager shall submit the records management program to the City Secretary for approval. The records management program approved by the City Secretary is the City's records management program. B. The records management program must: 1) comply with the Local Government Records Act; 2) to the extent practicable, standardize records management practices among City departments; 3) in cooperation with the commission, establish guidelines for the implementation of records retention schedules; 4) establish training requirements for department records liaisons; 5) establish guidelines for City information technology systems and services to ensure that the systems and services create, store, manage, protect, preserve, dispose of, and provide access to records in compliance with the records management program; 6) establish guidelines for the destruction of records, including the information that must be maintained in a destruction log; 7) improve the efficiency of record -keeping; 8) enable the City Secretary to perform the duties prescribed by this chapter; 9) establish guidelines and eligibility criteria for transferring records to microfilm, or to an electronic or digital format, including guidelines for the disposition of records that have been transferred; 10) provide adequate protection of the essential records of the City, including a disaster recovery plan for records; 11) regulate the operations and use of the storage building serving as the depository of inactive records with continuing value to the City; and 12) establish guidelines to ensure the preservation of long-term or permanent physical and digital records of the City. SECTION 7. Duties of a Councilperson/Council Office. A. Councilpersons shall maintain any record created or received by the Councilperson or the Councilperson's office in compliance with the records management program. B. Unless the City Secretary is the records management officer for a Councilperson's office, the Councilperson must perform the duties of the records liaison as if the Councilperson's office were a department/division, or allow the City Secretary's office to assume those duties. NMI MIM-1, IN �101 wan�w SECTION 8. Responsibilities of Department Directors/Division Managers. All City department directors/division managers are responsible for the implementation and operation of effective files operations, record transfers and dispositions, and other activities within their areas of responsibility. They shall designate records liaisons within their offices and provide the City Secretary/RMO and Records Manager the names of such designees and of all file categories and storage locations under their supervision. Persons designated as records liaisons shall report directly to the director of their department/manager of their division on matters relating to the records management program and should have appropriate access to all files in their department. In the event of the resignation, retirement, dismissal, or removal by action of the department/division head of a person designated as a records liaison officer, the department/division head shall promptly designate another person to fill the vacancy. A department/division head may serve as records liaison officer for the department/division. SECTION 9. - Responsibilities of Records Liaisons. Each records liaison shall: 1) cooperate with the City Secretary to implement the records management program in the department/division; 2) distribute information about the records management program to department/division employees; 3) ensure that the creation, storage, retention, destruction, disposition, security, and accessibility of the department's/division's records are in compliance with the records management program; 4) identify essential records of the department and establish, implement, and maintain a records disaster recovery plan; 5) review the department/division practices at intervals set by the City Secretary to determine if they comply with the records management program; 6) review each new information technology system or system enhancement to ensure that the system or system enhancement addresses and complies with the records management program; and 7) notify the City Secretary within 24 hours of the discovery of any loss, theft, or damage to a department record. SECTION 10. Department/Division Information Management Teams. A. Each department/division shall have an information management team consisting of 1) the department's/division's information administrator, who is the chair of the team; 2) a City Secretary's staff member; and 3) for a department that has more than one division or physical location: a) at least one employee, designated by the director, who is responsible for information management in each division in the department; and b) at least one employee, designated by the director, who is responsible for information management in each separate location of the department. B. The information management team shall: 1) meet at intervals set by the information management program; 2) review the records retention schedule and records management practices at intervals set by the City's Records Management Officer to determine whether the departmental/divisional practices are in compliance with the information management program, and implement corrective action for program compliance; 3) complete reports required by the City's Records Management Officer; and 4) complete training required by the information management program. ._ VA VA AN le ,ems; t -., , tl , ,theV�ty i=e—tiaanEifeia, sl enee€ei4h t eanst�e�,,, i le ,, ,a tiG : . , r ,- , elee ie y e-r�eetheia aeti eRS-piaeS eia e e i e 1 e - - - - The Git ' the �t-a e �,anEie r—MeiF rr'pe s±' en. - --1 - - - � ten ,i ,i ,i t ,_reerEft" Fy shal�_+Tr`c 1 - -- r 1' - - - 1' ley l r-a e e s ramie n ef iaeeeiaEis, as iae�aeEi ar SECTION 11. Records Retention Schedules. The Records Management Officer and Records Manager, in compliance with the latest TSLAC record retention schedules, as amended, shall review the City's program to determine if City practices justify additional modification of the schedules. �� INN iiim.. nii -Ell 10, VA ._ ._ ._ ._ 11 Ill VA . ... . ... . . . . VA VA INN NINE Ell- M- 0 MOWN Ill Ill VA I I'm I i I M.- SECTION 12. Records Storage. The City Secretary shall coordinate with the City Manager and IT Manager maintain adequate records storage, both physically and digitally, as needed to properly administer the City's records management program. The Records Management Officer shall determine if a City archives is necessary for the security and maintenance of and access to historical materials. If established, the Records Management Officer shall establish policies and procedures regulating the operations and use of such archives. SECTION 13. 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, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof SECTION 14. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this, the day of 12022. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney RECORDS AND INFORMATION MANAGEMENT GLADIS SANCHEZ, TRMC OPEN GOVERNMENT ANALYST Documents the transaction of City business ■ Is created or received by or on behalf of the City ■ Legal requirements ■ Records and information management is asset management and is a core business function of the City. ■ Efficiency of retrieval for business operations, including for Public Information Req u ests ■ Protection of essential records for continuity of operations in emergency and disaster ■ Reduction in storage costs, both physical and digital ■ Local Government Records Act, Local Gov't Code Ch. 201-205 ■ The Texas Public Information Act, Gov't. Code Ch. 552 ■ Texas Open Meetings Act, Gov't Code Ch. 551 ■ City of La Porte Records and Information Management Program Ordinance ■ The City adopts the Texas State Library and Archives Commission (TSLAC) minimum requirements for record retention QUESTIONS Gladis Sanchez, TRMC Email: SanchezG@LaPorteTX.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Corby Alexander, City Manager Department: City Manager's Office • Report c - Resolution Ordinance Exhibits: Sponsorship Agreement Appropriation Source of Funds: 037 Account Number: 037-6063-565-2075 Amount Budgeted: $30,000 Amount Requested: $30,000 Budgeted Item: 6- Yes �' No SUMMARY & RECOMMENDATION The Houston Yacht Club is looking to host two major Regattas. The A Cat World Championship will run from April 28t" through May 8t"; and the ILCA 6 World Championship from July 18t" through July 30tn At the January 24t" City Council meeting, Council authorized sponsorship for these regattas in the amount of the $30,000. The associated agreement is included for City Council's consideration. The agreement includes the following requirements of the Houston Yacht Club: 1. Encourage participants to book and use hotels within the corporate limits of the City of La Porte for hotel room nights associated with the event participants; and 2. Place the City logo on the Race Committee Boat; and 3. Provide 4 passes to the opening and closing ceremonies; and 4. Provide 4 passes for the spectator boats; and 5. Place City of La Porte provided banners on property. 6. Commitment to host events for City related functions at the Houston Yacht Club. 7. Provide for an open house type event at the Houston Yacht Club in calendar year 2023. 8. Open dialogue with the La Porte Parks and Recreation Department about possible collaboration for future programming. ACTION REQUIRED BY CITY COUNCIL Consider and/or approve sponsorship agreement with the Houston Yacht Club for A Cat World Championship & ILCA 6 World Championship Regattas. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date SPONSORHIP AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND THE HOUSTON YACHT CLUB FOR USE OF CITY COMMUNITY INVESTMENT FUNDS TO PROVIDE SUPPORT FOR HOSTING OF THE 2022 A CAT WORLD CHAMPIONSHIP, THE ILCA 6 WORLD CHAMPIONSHIP, THE HOUSTON OFFSHORE ONE DESIGN REGATTA, THE HOUSTON YACHT CLUB 125" ANNIVERSARY REGATTA, AND THE HOUSTON YACHT CLUB JAMES LISTON REGATTA THIS AGREEMENT made by and entered into this _ day of 2022, between the City of La Porte, Texas, a home -rule municipality, hereinafter "the City," and the Houston Yacht Club, a Texas nonprofit 501(c)(7) private membership organization, hereinafter referred to as "Recipient." WITNESSETH: WHEREAS, the Recipient has requested that the City provide financial support towards the 2022 A Cat World Championship to be hosted by Recipient from April 28 through May 8, 2022, the 2022 ICLA 6 World Championship to be hosted by Recipient from July 18, 2022, through July 30, 2022; the Houston Offshore One Design Regatta from September 16 through September 18, 2022, the Houston Yacht Club 125t" Anniversary Regatta on September 24, 2022, and the Houston Yacht Club James Liston Regatta on November 191", 2022; and WHEREAS, the A Cat World Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston Yacht Club 125t" Anniversary Regatta, and the Houston Yacht Club James Liston Regatta will bring numerous event participants; approximately 300 area volunteers; spectators and tourists; and media coverage to the City; and WHEREAS, Recipient estimates that the events would generate approximately 1200 hotel room nights, plus sales tax revenue from participants, tourists, and volunteers patronizing La Porte restaurants and other commercial/retail establishments; and WHEREAS, the City desires that Recipient actively promote the A Cat World Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston Yacht Club 125'n Anniversary Regatta, and the Houston Yacht Club James Liston Regatta in accordance with the terms and conditions established in this agreement, in exchange for the extension of a sponsorship package from community investment funds; and WHEREAS, the City Council of La Porte approved by unanimous vote a proposed measure to move forward with a sponsorship package in favor of the Houston Yacht Club, at the January 24, 2022, regular City Council meeting; and NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the citizens of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows: ARTICLE I: Pursuant to the sponsorship package, which has a total value not to exceed $30,000.00, the Houston Yacht Club shall secure and hold the 2022 A Cat World Championship from April 28 through May 8, 2022, the 2022 ICLA 6 World Championship from July 18, 2022, through July 30, 2022; the Houston Offshore One Design Regatta from September 16 through September 18, 2022, the Houston Yacht Club 125'n Anniversary Regatta on September 24, 2022, and the Houston Yacht Club James Liston Regatta on November 191", 2022. In connection therewith, the Recipient shall: 1. Encourage participants to book and use hotels within the corporate limits of the City of La Porte for hotel room nights associated with the event participants; and 2. Place the City logo on the Race Committee Boat; and 3. Provide four (4) passes to the opening and closing ceremonies; and 4. Provide four (4) passes for the spectator boats; and S. Place City of La Porte provided banners at the Houston Yacht Club during the regatta events In addition, the Houston Yacht Club agrees that in exchange for receipt of the sponsorship package, it will provide the following benefits to City: 1. Commitment to host events for City related functions at the Houston Yacht Club. 2. Provide for an open house type event at the Houston Yacht Club in calendar year 2023. 3. Open dialogue with the La Porte Parks and Recreation Department about possible collaboration for future programming. ARTICLE II: In exchange for the commitment outlined in Article I, the City shall remit to the Recipient funds in an amount not to exceed $30,000.00, no later than thirty (30) days after execution of this Agreement. Payment shall be made in one lump -sum amount. ARTICLE III: All funds received as herein provided shall be used by Recipient solely for the propose of hosting the A Cat World Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston Yacht Club 1251" Anniversary Regatta, and the Houston Yacht Club James Liston Regatta, and to provide hosting opportunities for city related events at the Houston Yacht Club. ARTICLE IV: In the event of any default by Recipient hereunder, including but not limited to, use of the funds provided herein for purposes other than those stated in Article III of this Agreement, the City may terminate the Agreement. The City shall have the right to reclaim and recapture, and Recipient shall refund, any funds that are not spent in accordance with the terms of this Agreement. ARTICLE V: Recipient agrees to assume and does hereby assume all responsibility and liability for damages sustained by persons or property, whether real or asserted, by or from the carrying on of work by Recipient or in the performance of services performed and to be performed by Recipient for the A Cat World Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston Yacht Club 1251" Anniversary Regatta, and the Houston Yacht Club James Liston Regatta. For these events Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless the City and all their respective officers, agents, and employees from all suits, claims, actions, and expenses of any character, including attorney's fees, brought for or incurred on account of any injuries or damages, whether real or asserted, sustained by any person or property by or in consequence of any intentional or negligent act, omission, or conduct of recipient, its agents, servants, or employees. ARTICLE VI: This Agreement may be amended by mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII: Recipient may not assign this Agreement without the written consent of the City. ARTICLE VIII: The obligations of the Parties to this Agreement are performable in Harris County, Texas and if legal action is necessary to enforce same, venue shall lie in Harris County, Texas. ARTICLE IX: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. ARTICLE X: This Agreement may be executed in duplicate, each of which shall be deemed an original and constitute one and the same instrument. ARTICLE XI: Neither the City nor Recipient shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean Acts of God, civil riots, floods, and any other cause not reasonably within the control of the City or recipient except as provided herein, and which by the exercise of due diligence the City or recipient is unable, wholly or in part, to prevent or overcome. ARTICLE XII: In submitting this application, the Recipient whose signature appears below affirms its intent and commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does not and will not knowingly employ an undocumented worker during any time period associated with the public subsidy for which the application is being submitted. The Recipient further certifies its understanding and agreement that if it is convicted of a violation of 8 U.S.C., Section 1324 a(f), providing for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens, it shall repay the amount outlined in Article II with interest, at the rate and according to the terms of the agreement signed under Section 2264.053 of the Government Code, not later than the 120" day after the date the City notifies the recipient of the violation. ARTICLE XIII: The Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the Parties, which relate to the matters in this Agreement. SIGNED AND AGREED to by the City and recipient on the dates indicated below. CITY OF LA PORTE, TEXAS Corby D. Alexander, City Manager Date ATTEST Lee Woodward, City Secretary HOUSTON YACHT CLUB Farley J Fontenot Date Commodore ATTEST REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2022-3869, P & Z Letter of Recommendation. Area map. Zonina map. Future Land Use map, and Application Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION This item is a request by Melaney Gibbs and Ronald Tarantino, owners, for approval of Special Conditional Use Permit (SCUP) 22-91000001, to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district. The site is a 0.53-acre tract of land located at 9305 Carlow Lane. The property is currently zoned R-1 and consists of two (2) individually platted lots (lots 67-68) that have been combined into one (1) tax parcel. The site has a single residential home along with a detached garage on the property. The property owner is requesting approval of a SCUP to allow for a small secondary dwelling to be added to the existing site. The structure will be located in the northeast corner of the rear yard and will be screened from view of the public right-of-way- by existing fencing. Section 106-331 — Table A states that a secondary dwelling unit is permitted in the R- 2 and R-3 zoning districts and is permitted in the R-1 zoning district with the approval of a SCUP. Being that this site is currently zoned R-1, the applicant is required to obtain approval of SCUP prior to seeking approval from staff of any building permits. As part of the SCUP approval process, staff and the Planning and Zoning Commission have recommended three (3) conditions of approval. The recommended conditions are as follow: 1. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 2. The site is zoned Low Density Residential (R-1). All R-1 zoning and development requirements will need to be met, in addition to any conditions listed below. 3. Any proposed 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. Staff mailed twenty (20) public notices to property owners located within 200 feet of the subject property. Staff has not received any returned comment sheets to date. The Planning & Zoning Commission held a public hearing on this item at their January 20, 2022 regular meeting. The Commission voted on a motion to recommend approval of the SCUP request, as presented with the three (3) conditions. The vote was 7-0, and the motion to approve carried. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3869 for SCUP request #22-91000001, to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district on a 0.53-acre tract of land located at 9305 Carlow Lane, and legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3869 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. 22-91000001, TO ALLOW FOR A SECONDARY DWELLING UNIT IN THE LOW DENSITY RESIDENTIAL (R-1) ZONING DISTRICT, ON A 0.53-ACRE TRACT OF LAND LOCATED AT 9305 CARLOW LANE, AND BEING LEGALLY DESCRIBED AS LOTS 67 & 68, BLOCK 4, SPENWICK PLACE SECTION 1, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas, following lawful publication of the notice of said public hearing; and WHEREAS, on January 20, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to grant Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas, be approved; and WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53- acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County; and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to Special Conditional Use Permit No. 22- 91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas, and situated within a R-1 zoning district. 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. Should any section or part of this ordinance be held unconstitutional, illegal,or invalid, or the application to any person or circumstance for any reasonsthereof 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 portionor 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 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 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 ordinanceand the subject matter thereof has been discussed, considered and formallyacted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. 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 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 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. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 9. 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. PASSED AND APPROVED this, the 28th day of FEBRUARY, 2022. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney Applicant: Development Name/Type Location: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit #22-91000001 Melaney Gibbs and Ronald Tarantino Owner or Agent 3905 Carlow Ln., La Porte, TX 77571 Address Gibbs/Tarantino Secondary Dwelling 3905 Carlow Ln. Lots 67 & 68, Spenwick Place Section 1 Low Density Residential (R-1) Secondary Dwelling EXHIBIT A 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 necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 2. The site is zoned Low Density Residential (R-1). All R-1 zoning and development requirements will need to be met, in addition to any conditions listed below. 3. Any proposed 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. Failure to start construction of the site within twelve (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 permitmay be rescinded by the City Council, upon its own motion or upon the recommendation of the Planningand 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 Established 1892 Teresa Evans, Director x 3 rm *"As January 21, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #22-91000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on January 20, 2022 to hear a Special Conditional Use Permit request by Melaney Gibbs and Ronald Tarantino, applicant and owner,. The request is for approval of a SCUP to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53- acre tract of land located at 9305 Carlow Lane; legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas. The subject site is zoned R-1 and Section 106-331, table A of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the R-1 zoning district. The Commission voted 7-0 to recommend approval of the proposed SCUP, as presented. Respectfully submitted r e 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 {off .ter` Area Map Ir A_44 SCUP #22-91000001 9305 Carlow Ln. pmr. Ar Legend ,W` . a ` . ® Subject Tract -- — �4 � a t L 14 C V M i �. •' CARLOW - -- i , This product is for informational -} 'r•- , _ _ purposes and may not have lot � �� ' �? '�~`' '� � i� been prepared for or be suitable for legal purposes. It does not to: r represent an on -the -ground survey and represents only the approximate relative location of property boundaries As 1 inch = 75 fee FEBRUARY 2022 i PLANNING DEPARTMENT t - Housto-GauestonAreaaCounGli -H_;,G, R-1 Y U CARLOW R-2 Zoning Map SCUP #22-91000001 930S Carlow Ln. Legend Subject Tract TE:xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 75 fee FEBRUARY 2022 PLANNING DEPARTMENT Houston -Galveston Area Council (H-GAC) Ilk - I` L Lr .v CARLOW I • _fit--„'��► 4 A r S ,AM I I mp-r I 1 -V FLUP Map SCUP #22-91000001 930S Carlow Ln. Legend Subject Tract Q`fr L A C] - -- f' M T�xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 75 fee FEBRUARY 2022 PLANNING DEPARTMENT Special Conditional Use Permit Application (� n Planning and Development Department PROJECT INFORMATION Address where SCUP is being requested:�G�it-[y Legal description where SCUP is being requested: L.— `1 `$ A he-c3 CL HCAD Parcel Number where SCUP is being requested:/2 & Zoning District: Lot area: , � - S� An A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte. Description of Request: Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. Name Comp Address: City: 1-4{ Phone: —7/ 3 ' 27 % Q 4/4 _ Name Company (if applicable): Address: City: PROPERTY OWNER(S) INFORMATION Zip: Email:/&/ AUTHORIZED AGENT (If other than owner) State: Email: OWNER(S) & AGENT CERTIFICATION M 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 Signature: Owner(s)' Signature(s): STAFF USE ONLY. Case Number: f Date: �6 Date: Date Application Received: December 21, 2021 City of LaPorte Texas Planning and Development Department West Fairmont Parkway LaPorte, Texas 77571 RE: Special Conditional Use Permit Application We are requesting a Special Use Permit to build a freestanding single unit on our property. This unit will be self-contained and used as a second living/office facility. It will be in the back fenced area of our property on the left side of our existing house. The unit will be used to run our LLC business as well as a second living quarter as needed. It has been designed to coordinate with the exiting dwelling. Our LLC is a property management company, that we are hoping to expand in the future. For now, it only manages our own investment property. There should be no foot traffic for this business, therefore, any additional traffic concerns are diminished. The unit will enhance our current property and not meant to distract but compliment. Please consider our application. We look forward to having an approved special use permit to start our build. Cordially, Melaney Gibbs, Ronald Tarantino MGT Complete Services (m © % • , ,a 6�2 , , a ,� X --|---- . 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Q ITto T' z z ��(] �Qrn[i� p G��GziCl�prn� �[SI rn Z Ch u v n z 3V �'n 9. N ea O �z rn v a6b ?E!da azzz� ° z o � D a ° b n o N o D n REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2022-3870, P & Z Letter of Recommendation, Area map, Zoninq map, and Future Land Use map. Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION This is a request for approval of Zone Change No. 22-92000001, a change from the Medium Density Residential (R-2) zoning district to the Low Density Residential (R-1) zoning district. The 11.3-acre site is located along Ashton Lane and Oakhaven Road; legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas. This request is a result of a comprehensive review of the current zoning within the City. This review was completed by a subcommittee of the Planning and Zoning Commission with the final recommendation being approved by the full Commission. The Commission is recommending the rezoning of seven (7) areas of the city. The majority of these areas are existing single family residential that are currently zoned for medium/high density residential. The recommendation is to rezone these areas for low density single family residential. The property for this specific zone change request is currently developed as single family residential and is part of an existing residential subdivision. The Commission determined that due to the existing development and the character of the surrounding neighborhood, the property should be rezoned from R-2 to R-1. Staff held a community meeting on October 26, 2021 to explain to affected properties owners what was proposed and how the Commission came to the final recommendations. Staff mailed out notices to all fifteen (15) affected property owners. Three (3) property owners attended the meeting to voice their support and ask questions regarding the proposal. The Planning & Zoning Commission held a public hearing on this item at their January 20, 2022 regular meeting. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 7-0, and the motion to approve carried. For the public hearing, staff mailed fifty (50) public notices to property owners located within 200 feet of the subject property. Staff has not received any returned comment sheets to date. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3870 for Zone Change request No. 22- 92000001, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), on an 11.3-acre tract of land located along Ashton Lane and Oakhaven Road; legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3870 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF AN 11.3-ACRE TRACT OF LAND LOCATED ALONG ASHTON LANE AND OAKHAVEN ROAD, AND BEING LEGALLY DESCRIBED AS LOTS 45-53, BLOCK 8, BROOKGLEN SECTION 2; TRACT 17D, ABSTRACT 482 W JONES; LOT 1, BLOCK 1, RIGO ESTATES; AND LOTS 1-5, BLOCK 1, RISEN VALLEY, HARRIS COUNTY, TEXAS, FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1), following lawful publication of the notice of said public hearing; and WHEREAS, on January 20, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1) be approved; and WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R- 1); and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to rezone an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1) be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described as Lots 45- 53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). 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. 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 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 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 6. 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 7. 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 8. 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 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 28th day of FEBRUARY, 2022. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director x 3 rm *"As January 21, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the January 20, 2022 meeting on a zone change request by the City of La Porte, applicant, for a zone change of property legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones-, Lot 1, Block 1, Rigo Estates-, and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). The site is an 11.3-acre tract of land located along Ashton Lane and Oakhaven Road. The Commission voted 7-0 on a motion to recommend approval of the requested 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 M ol# r .., .; ASHWYNE - • .. i'-"� ��� ,�` �NF ELMHAVEN I• P M IF 6 J i KENSI N.r GTGN (� E L, HUNTER, Area Map Zone Change #22-92000001 R-2 to R- Low Density Residential Legend Subject Tracts C] — M Tt%xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 251 fee FEBRUARY 2022 PLANNING DEPARTMENT Kw-1 Z 3� ^ Q ASHWYNE U v7 H U 00 r1 Cn i U U O -no A; ,. OAKHAVEN VENTURE a , LU J i t Y U O Z ELMHAVEN — w SHADY wOOpDRia� �FNTURF HEDGESTONE HUNTER SFIELD Zoning Map Zone Change #22-92000001 R-2 to R- Low Density Residential Legend 1M.E-11 Subject Tracts Q`fr L A TE:xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 251 fee 01 FEBRUARY 2022 PLANNING DEPARTMENT ' LA i I ' ®E MULAH o0 I/ i Ko 0 f LDR` U O �OAKHAVEN Ak - .`J i PI J = VENTURE W J r �r MH5 # - ASHWYNE'*'- 18 J i i ELMHAVEN w o M VFNT�RF , li r F L U P Map ` r Zone Change #22-92000001 R-2 to R- Low Density Residential Legend s1 Subject Tracts L M TE:xA5 KENSINGTON This product is for informational purposes and may not have been prepared for or be suitable 1 for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of HUNTERSFIELD' property boundaries 1 inch = 251 fee • •`: FEBRUARY 2022 PLANNING DEPARTMENT Area 7C_ uncil (H-SAC) REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2022-3871, P & Z Letter of Recommendation, Area map, zoninq map, and future land use map. Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION This is a request for approval of Zone Change No. 22-92000002, a change from the Medium Density Residential (R-2) zoning district to the Low Density Residential (R-1) zoning district. The 9.98-acre site is located within the Pecan Crossing subdivision, Section 1; legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas. This request is a result of a comprehensive review of the current zoning within the City. This review was completed by a subcommittee of the Planning and Zoning Commission with the final recommendation being approved by the full Commission. The Commission is recommending the rezoning of seven (7) areas of the city. The majority of these areas are existing single family residential that are currently zoned for medium/high density residential. The recommendation is to rezone these areas for low density single family residential. The property for this specific zone change request is currently developed as single family residential and is part of an existing residential subdivision. The Commission determined that due to the existing development and the character of the surrounding neighborhood, the property should be rezoned from R-2 to R-1. Staff held a community meeting on October 26, 2021 to explain to affected properties owners what was proposed and how the Commission came to the final recommendations. Staff mailed out notices to all thirty-eight (38) affected property owners. Three (3) property owners attended the meeting to voice their support and ask questions regarding the proposal. The Planning & Zoning Commission held a public hearing on this item at their January 20, 2022 regular meeting. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 7-0, and the motion to approve carried. For the public hearing, staff mailed sixty three (63) public notices to property owners located within 200 feet of the subject property. Staff has not received any returned comment sheets to date. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3871 for Zone Change request No. 22- 92000002, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), on a 9.98-acre tract of land located within the Pecan Crossing subdivision, Section 1; legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3871 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 9.98-ACRE TRACT OF LAND LOCATED WITHIN THE PECAN CROSSING SUBDIVISION, SECTION 1, AND BEING LEGALLY DESCRIBED AS LOTS 1-9, BLOCK 1 AND LOTS 1-30, BLOCK 3, PECAN CROSSING SECTION 1, AND A PORTION OF TRACT 714A, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS, FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1), following lawful publication of the notice of said public hearing; and WHEREAS, on January 20, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R- 2) to Low Density Residential (R-1) be approved; and WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1); and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to rezone a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1) be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). 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. 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 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 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 6. 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 7. 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 8. 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 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 28" day of FEBRUARY, 2022. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director x 3 rm *"As January 21, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the January 20, 2022 meeting on a zone change request by the City of La Porte, applicant, for a zone change of property legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). The site is a 9.98-acre tract of land located within the Pecan Crossing subdivision, Section 1. The Commission voted 7-0 on a motion to recommend approval of the requested 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 . :• 1 i TEJAS • �-? - _ �- Z jMimia 1 k - FAIRMONT y 1 w � ti ZV 5l xr,, ,.lbi •_ Area Map Zone Change #22-92000002 R-2 to R- Low Density Residential Legend ® Subject Tracts This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 157 fee :EBRUARY 2022 'LANNING DEPARTMENT Zoning Map Zone Change #22-92000002 R-2 to R- Low Density Residential Legend ® Subject Tracts TE:xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 157 fee FEBRUARY 2022 PLANNING DEPARTMENT LDR �MAHAN �, -- COM� 5 I1� � t 'I } 1 r - ._ 41AIR ZEE +11111111c'. P FLUP Map Zone Change #22-92000002 R-2 to R- Low Density Residential Legend Subject Tracts L C�3- - OM TE:xA5 This product is for informational - purposes and may not have been prepared for or be suitable r w for legal purposes. It does not represent an on -the -ground - survey and represents only the - — - approximate relative location of property boundaries tooA-1- w1 inch = 1FEBRUARY 2022 'r,', PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2022-3872, P & Z Letter of Recommendation, Area map, zoninq map, and future land use map. Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION This is a request for approval of Zone Change No. 22-92000003, a change from the Medium Density Residential (R-2) zoning district to the Low Density Residential (R-1) zoning district. The 19.5-acre site is located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3; legally described as Lots 30- 36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas. This request is a result of a comprehensive review of the current zoning within the City. This review was completed by a subcommittee of the Planning and Zoning Commission with the final recommendation being approved by the full Commission. The Commission is recommending the rezoning of seven (7) areas of the city. The majority of these areas are existing single family residential that are currently zoned for medium/high density residential. The recommendation is to rezone these areas for low density single family residential. The property for this specific zone change request is currently developed as single family residential and is part of an existing residential subdivision. The Commission determined that due to the existing development and the character of the surrounding neighborhood, the property should be rezoned from R-2 to R-1. Staff held a community meeting on October 26, 2021 to explain to affected properties owners what was proposed and how the Commission came to the final recommendations. Staff mailed out notices to all fifty (50) affected property owners. Three (3) property owners attended the meeting to voice their support and ask questions regarding the proposal. The Planning & Zoning Commission held a public hearing on this item at their January 20, 2022 regular meeting. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 7-0, and the motion to approve carried. For the public hearing, staff mailed one hundred and sixteen (116) public notices to property owners located within 200 feet of the subject property. Staff received one (1) returned comment sheet in opposition of the proposed zone change. A copy of the comment sheet has been provided in the packet. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3872 for Zone Change request No. 22- 92000003, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), on a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3; legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3872 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 19.5-ACRE TRACT OF LAND LOCATED WITHIN THE PECAN CROSSING SUBDIVISION, SECTION 4 AND THE SUMMER WINDS SUBDIVISION SECTION 3, AND BEING LEGALLY DESCRIBED AS LOTS 30-36, BLOCK 6, LOTS 72-78, BLOCK 1, LOTS 11-15, BLOCK 7, LOTS 6 & 12, BLOCK 8, RESERVE A, BLOCK 1, PECAN CROSSING SECTION 4; LOTS 8-20, BLOCK 1, LOTS 1-4, BLOCK 3, AND RESERVE A, BLOCK 1, SUMMER WINDS SECTION 3 AMENDING; AND LOT 696B, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS, FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R- 1), following lawful publication of the notice of said public hearing; and WHEREAS, on January 20, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72- 78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1) be approved; and WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R- 1); and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to rezone a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1) be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). 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. 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 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 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 6. 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 7. 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 8. 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 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 28th day of FEBRUARY, 2022. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director x 3 rm *"As January 21, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000003 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the January 20, 2022 meeting on a zone change request by the City of La Porte, applicant, for a zone change of property legally described as Lots 1-9, Block 1 and Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). The site is a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3. The Commission voted 7-0 on a motion to recommend approval of the requested 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 NOTICE OF A PUBLIC HEARING Scheduled For January 20, 2022, 6:00 PM City Council Chambers r�s COMMENT SHEET FOR: Planning and Zoning Zone Change #22-920000003 Commission I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: 14 II. 0 PAdAl t1U IM ]AI �fApff�OLM = �J= 1041 1 rjj �j It , WO .rl►1l�ii >r h ,M5, wli2j, ! -6, WWI W-RAWA 12 Name pleaseriz--A) Signature Address City, tate, Zip Comment sheets can be returned via mail using the provided self-addressed envelope, by email to planning cJa.laportetx.gov, or in person at City Hall. q 11 •- r r ` I ;�� �� .�� � ��� � � �dr.� , !r� •r - .� mile Area Map p +� .. P ,alll��a 1. I � { U ■ 4a,� s ;ce ]ilit' k PIP ./"" ;' f A,� wIF f'� ` i t '� BELFAST �8,-•,• *••,- a. 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Z•�l -'4 �` I �lot^qs` �.. % �• RUSTI�C�GsATE ., dd N -w lr _ J J t®1t � F ) T'T _, tte 4 , o �► i fi�^ f'' ` y A,7 1 inch = 251 fee :.�'► ,--—�.,� '. �. s ion . �( ,t.. �+ •BARTON. 1 �•yn_.-���. `-�' / y S��i,.7._5r�.: �.'�.; �s:._'� �I,.:.�., .... t—� FEBRUARY 2022 �� T,-` i��4��ReRF Ate .✓. �^ �,r— PLANNING DEPARTMENT J���,''Houst-Galveston Area Council (H-GAC) R 1 w Y Q U 17/ IR-3 BARTON W1CH 74 Y U a z R',1 R-2 DRY SAND" w DRY DESERT z a w U i w z W w W 0 OLD DESERT RUSTIC GATE a z z a U Zoning Map Zone Change #22-92000003 R-2 to R- Low Density Residential Legend QSubject Tracts Q`fr L A M TE:xA5 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 251 fee 01 FEBRUARY 2022 PLANNING DEPARTMENT Area Council (H-GAC) W Y a U GP0pO. 'A. BARTON AMA m 1� • w 1 w 1 z a a � w Y m N SIOUX - . _ .' BELFAST DRY SAND" % a W/ U of DRY DESERT 1 9 OLD ' m =DESERT I I c z n- RUSTIC U)40 G J J FLUP Map U Zone Change #22-92000003 a z a R-2 to R- Low Density Residential t• Legend QSubject Tracts 1 k This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 251 fee 01 FEBRUARY 2022 PLANNING DEPARTMENT i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28, 2022 Requested By: Steve Deardorff, Chief Department: Police • Report c - Resolution Ordinance Exhibits: 2021 Racial Profilinq Report Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (*' Yes No SUMMARY & RECOMMENDATION The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures. The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested. The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. As a result of this analysis, and the listed statistics, it is believed that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin. ACTION REQUIRED BY CITY COUNCIL No action required, the Mayor will note that the City Council has received the 2021 La Porte Police Department Racial Profiling Report as presented by the Chief of Police. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date OF p ►�'� City o La Porte p�. � Police Department t� / m rIstablislied 1892 Pecognized as a Best Practices Agency ky rexae the Texas Association of Police Chiefs January 27, 2022 To: La Porte City Council Thru: Corby Alexander, City Manager From: Steve Deardorff, Chief of Police Subject: 2021 Racial Profiling Report for the La Porte Police Department Honorable Council Members: The following report is provided in accordance with Article 2.132 of the Texas Code of Criminal Procedures. The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals contacted on all motor vehicle stops, regardless of the enforcement action taken. Reporting must take place on or before March 1" of each year. The following report meets this requirement by providing a detailed analysis of the La Porte Police Department's policies, training, and statistical information on racial profiling for the year 2021. To assist City Council in their examination of the included data, detailed demographic data has also been provided relating to the City of La Porte, Harris County, and the State of Texas. For the purposes of this report and analysis, the following definition of racial profiling is used: facial profiling means a lcm, enforcement -initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05). La Porte Police Department Policy/ Training on Racial Profiling A review of La Porte Police Department Policy 314 and 401.2.6 provide evidence that the department has adopted policies in compliance with Article 2.132 of the Texas Code of Criminal Procedure. There are several specific requirements mandated by Article 2.132 that a law enforcement agency's Racial Profiling Policy must address. Each of these requirements are covered in the La Porte Police Department's Racial Profiling Policy, which provides clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations also provide a very clear statement of the agency's philosophy regarding equal treatment of all persons regardless of race or ethnicity. All members of the La Porte Police Department have received formal training required by the State of Texas relating to Racial Profiling and have been provided, and signed for copies of the departmental policy in question. Additionally, the policy is required to be reviewed with all employees by supervisors on a bi-annual basis. La Porte Police Department Statistical Data on Racial Profiling In accordance with Departmental Policy, Officers of La Porte Police Department submitted statistical information on all motor vehicle stops in 2021 and accompanying information on the race of the person contacted. This data has been aggregated and is presented in the following tables, accompanied by relevant information on searches, arrests, and demographic information. 3001 N. 23rd Street. ■ La Porte, Texas 77571 s (281) 471-3810 ® www.laporletx.gov Percentage Stops Compared with Overall Race Representation in Population Total Stops by Race, Compared to Population 120.00% 100% 100.00% 80.40% 49.41% 60.00% 30.52% 1 40.00% 18.06% 20.00% 1.69% _ 0.32% 0.00% Asian Black Hispanic Native White Total C:l Stopped La Porte M Harris County 9 Texas U5 Race La Porte PD LPPD La Porte Harris County Texas Stops Percent stopped Pnpulatlon Population Population by Race Representation Representation Representation Asian 387 1.69% 1% 7% 5% Black 4125 18.06% 7% 20% 13% Hispanic 6969 30.52% 35% 43% 40% Native 72 0.32% 1% 1% 1% White 11283 49.41% 56% 29% 41% Total 22836 100% 100% 100% 100% LPPD Searches Compared with Overall Race Representation in Population Search 150.00% 22 86% 100.00% 100.00% 23.37% 0.25% 1 53.52 0.00% ° /° 50.00% 2 186 182 0 426 796 Asian Black Hispanic Native White Total U Searches La Porte Residents Harris County Texas ■ US Race LPPD Searches La Porte PD La Porte Harris County Texas Percent Searched by Population Population Population Race Representation Representation Representation Asian 2 0.25% 1% 7% 5% Black 186 23.34% 7% 20% 13% Hispanic 182 22.86% 35% 43% 40% Native 0 0.00% 1% 1% 1% White 426 53.52% 56% 29% 41% Total 796 100.00% 100% 100% 100% LPPD Arrests Compared with Overall Race Representation in Population Arrests 120.00% 100.00% 100.00% 5181% 80.00% 25.99% 60.00% _ 0 52% 21.69% j % o0of 20.01 � 0.00% 3 126 151 0 Asian Black Hispanic ■ Arrested i La Porte Residents Native 301 581 White Total Harris County !Texas US Race LPPD Arrests La Porte PD ' La Porte Harris County Texas Percent Arrested by Population Population population Race Representation Representation Representation Asian 3 0.52% 1% 7% 5% Black 126 21.69% 7% 20% 13% Hispanic 151 25.99% 35% 43% 40% Native 0 0.00% 1% 1% 1% White 301 51.81% 56% 29°% 41% Total 581 100,00% 100% 100% 100% The above statistics seem to indicate that Black drivers were contacted, searched, and arrested incident to motor vehicle stops at a rate higher than the percentage of their respective residency within the City of LaPorte, but at a lower rate than the percentage of their respective residency within the greater Harris County Region with regards to citizen contacts. As such, while noticeable, easy determinations regarding whether or not La Porte officers have "racially profiled" a given motorist are difficult given the fact that many drivers stopped by police officers are not residents of La Porte and may be traveling within or through the City from other areas of the county/state/country. As detailed above, these areas are much more highly represented by minority populations and may therefore account for larger percentages of non-resident motor vehicle operators, making comparisons relating strictly to La Porte area populations impractical. In the interest of being thorough, the police department made a statistical analysis of the data in order to determine actual motor vehicle stops of La Porte residents, along with respect to percentages by driver's race. Findings revealed, that overall, approximately 22% of all motor vehicle stops conducted by LPPD involved La Porte residents. This equates, approximately, to only one of every four motor vehicle stops conducted involved local residents. Otherwise stated, 78% of all motor vehicle stops made by La Porte Police Officers involved drivers who do not live in the City of La Porte. Furthermore, regarding motor vehicle stops of La Porte residents, when broken down by driver race, the majority of stops were overwhelmingly white drivers (64%). The remaining breakdown by race, in 2021, were as follows: Hispanic — 23% Black — 12%; Asian - 0.1 %, Native American — 0.002%. Additionally, the absence of any verifiable race/ethnicity data on the driver's license is troubling given the possibility that officers may misclassify individuals. This is a particular problem when dealing with citizens who are of mixed racial decent As such, the validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. This may account for why Hispanic drivers are represented at a rate far lower than local, county, and state population projections, while Caucasian and Black drivers are more highly represented. In other words, officers may, for example, be listing mixed race drivers as being Caucasian or Black, when these individuals may, for census purposes, have identified themselves as Hispanic. Finally, it is important to note that the included census data represents U.S. Census population figure estimates according to Demographic Profile Data of General Population and Housing Characteristics representing all age groups, yet does not take into account a specific combination of age and race regarding the percentage of the drivers who were actually stopped. Additionally, while population figure estimates are represented here, updates of the actual demographic statistics for the year 2021 are not yet available. Still, the La Porte Police Department is committed to providing public safety without bias of any type and will continue to closely track, monitor, and regulate employee activities in order to ensure that biased -based policing does not occur. A review of internal administrative records indicated that during 2021, the department received one motor vehicle stop complaint that could be categorized as involving some type of racial profiling allegation. That allegation was thoroughly investigated and a disposition of "exonerated" was concluded, meaning the traffic stop occurred but the actions were lawful or proper according to policy. In summary, the foregoing analysis shows that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. As a result of this analysis, and the listed statistics, it is my belief that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin. Respectfully Submitted, Steve Dear or Chief of Police