HomeMy WebLinkAbout03-12-12 Regular Meeting of La Porte City Council
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Mayor Pro-Tem,Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held March12,2012,
beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte,
Texas, for the purpose of considering the following agenda items. All agenda items are subject to
action. The City Council reserves the right to meet in a closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government Code.
1.CALL TO ORDER
2.INVOCATION
–The invocation will be givenbyFather Gary Rickles,St. Mary’s CatholicChurch.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiancewill be led by Councilmember Mike
Clausen.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation –March 2012 American Red Cross Month –Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutesper person.)
6.CONSENT AGENDA
(a)
Consider approval or other action of the minutes of the City Council meeting held on
February27,2012–P. Fogarty
(b)
Consider approval or other action awarding Bid # 12012 for golf courseand parks
equipment –D. Mick
(c)
Consider approval or other action authorizing the BuyBoard purchase of play equipment
and park equipment for Creekmont Park, Bay Oaks Park, and the La Porte Dog Park –S.
Barr
(d)
Consider approval or other action approving the purchase of a Sutphen Heavy Duty
Custom Rescue Pumper,Shield Model S-2 for the Fire Department –D. Ladd
7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a)
Consider approval or other action regarding an ordinance acceptingbid for city owned real
property located at 918 N. Broadway St. –T. Leach
(b)
Considerapproval or other action authorizing the Planning Director to execute a pipeline
permit to DCP Sand Hills Pipeline, LLC for the installation of a 20’ NGL pipeline through the
City of La Porte –T. Tietjens
8.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding the location of the new Animal Shelter –K. Adcox
(b)
Discussion or other action regarding group care facilities (a/k/a group homes, community
homes, residential personal care homes, living centers and assisted living centers) –D.
Wilmore
(c)
Discussion or other action regarding the Parks and Recreation Director executingan
agreementfor the operation of a Vendors’Market at Five Points Plaza –S. Barr
9.STAFF REPORTS
(a)
Receive Drainage Report –J. Garza
(b)
Receive Report ofLa Porte Development Corporation Board–Councilmember Engelken
10.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, Monday, March 12, 2012
(b)
City Council Meeting, Monday,March 12, 2012
(c)
ZoningBoard of Adjustment Meeting, Thursday, March 22, 2012
(d)
Fiscal Affairs Committee Meeting, Monday,March 26, 2012
(e)
City Council Meeting, Monday,March 26, 2012
(f)
Good Friday City Offices Closed, Friday, April6, 2012
(g)
City Council Budget Retreat, Saturday, April 14,2012
11.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies–CouncilmembersClausen, Martin,Moser, Kaminski,Zemanek,
Leonard, Engelken,Mosteitand Mayor Rigby.
12.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code.
13.RECONVENE
into regular session and consider action, if any, on items discussed in executive
session.
14.ADJOURN
I
n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations
for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the
meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the March 12, 2012, agenda of items to be considered by the City Council was posted on the
City Hall bulletin board on March 6, 2012.
Patrice Fogarty, City Secretary
I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from
the City Hall bulletin board on the ____ day of ________________, 2011.
____________________________________Title: _______________________________
Council Agenda Item
March 12, 2012
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Father Gary Rickles, St. Mary’s Catholic
Church.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by Councilmember
Mike Clausen.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation –March 2012 American Red Cross Month –Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
***********************************************************************************
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
FEBRUARY27, 2012
Monday, February27,2012,
The City Council of the City of La Portemet in aregularmeetingonat the
6:00p.m
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the
followingitems of business:
1.CALL TO ORDER
Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present:
Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen.
Also present were City Secretary Patrice Fogarty,Interim City Manager Steve Gillett, Assistant City
Manager Traci Leach and Assistant City Attorney Clark Askins.
2.INVOCATION
-The invocation was given by Assistant City Attorney Clark Askins.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led by Councilmember Mike Mosteit.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Mayor RigbyandPolice Chief Ken Adcox recognized Chuck Coupland for contributions to
the DARE Program.
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
Chuck Rosa,812 S. Virginia St.,La Porte, addressed Council in opposition of the proposed
regulations governing operation of Group Care Facilities (a/k/a group homes, community homes,
residential personal care homes, living centers and assisted living centers) and mentioned
discussion held at a recent City of La Porte Planning and Zoning Commission Meeting.He
provided a survey of area cities on this subject.
6.CONSENT AGENDA
–Consent agenda items are considered routine by the City Council and will
be enacted by one motion. ACouncilmember may remove any item for discussionand/or separate
action.
(a)
Consider approval or other action of the minutes of the City Council meeting held on
February13, 2012 –P. Fogarty
(b)
Consider approval or other action awarding Bid # 12011 Police Car/Animal Control Truck
Equipment –K. Adcox
(c)
Consider approval or other action authorizing the Interim City Manager to sign grant award
and other documents for the Impaired Driving Mobilization Grant (STEP-IDM-2012) –K.
Adcox
Councilmember Engelken moved to approvetheConsent Agenda pursuant to recommendations by
MOTION PASSED.
City Staff. Councilmember Leonard seconded.
Page 1of 4
February 27, 2012, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminskiand Engelken
Nays:None
Absent:None
7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a)
Consider approval or other action authorizing a contract amendment with Kendig Keast
Collaborativefor a land use study, andappropriating $7,800.00 from the General Fund for
supplement to the Comprehensive Plan Update –T. Tietjens
Planning Director Tim Tietjens presented a summary.During discussion, he stated the contract
amendment stemmed from the consultant based on whatwas heard at the Planning and Zoning
Commission. He was questioned as to whether a land use study could be used by the Planning
and Zoning Commission to help identify possible changes in the zoning ordinance, and he
responded yes.
Planning Director Tietjens was questioned as to why the need for the study in determining when
businesses are non-conformingbecause there is other information available at city hall. He
respondedthatthe City only has information where permits have been applied for, but not
throughout the entire city.This study is not for studying building use, but for determining land use
and willgive the City an opportunity to provide available property locations for companies wishing to
locate to the city. It will also assist GIS withcoding.
Councilmember Zemanek questioned how many commercial businesses are currently operating in
the City of La Porte. Economic Development Coordinator Stacey Osborne advised she would
provide the information to City Council.
Councilmember Moser commented if a business was in a nonconforming area that is zoned R1
(Low Density Residential),and the business is destroyed more than 51percent,it could not be
rebuilt. Planning Director Tim Tietjens respondedthat in this situation, the business could not be
rebuilt if destroyed by more than 50 percent.Mayor Rigby stated a nonconforming use destroyed
by more than 51 percent cannot be rebuilt with or without this updated plan.
Councilmember Clausen moved to authorize a contract amendment with Kendig Keast
Collaborativefor a land use study, andappropriate $7,800.00 from the General Fund for
supplement to the Comprehensive Plan Updateas presented.CouncilmemberMosteitseconded.
MOTION PASSED.
Ayes: Mayor Rigby, CouncilmembersClausen, Martin, Mosteit and
Engelken
Nays:Councilmembers Moser, Kaminski, Zemanek and Leonard
Absent:None
(b)
Consider approval or other action authorizing an Interlocal Agreement between the City of
La Porte and the City of Shoreacres for Emergency Water System Interconnect –D. Mick
Public Works Director Dave Mick presented a summaryand advised the City is not installing the
interconnect. Shoreacres isdoing the installation, butthe Citywill inspect the work.
Page 2of 4
February 27, 2012, City Council Meeting Minutes
Councilmember Martin moved to authorize an Interlocal Agreement between the City of La Porte
and the City of Shoreacres for Emergency Water System Interconnect as presented.
MOTION PASSED.
Councilmember Clausen.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays:None
Absent:None
8.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding proposed alternative for disposition of real property
owned bythe City of La Porte –T. Leach
Assistant City Manager Traci Leachaddressed Council with apower point presentation regarding a
proposed alternative for disposition of real property owned by the City of La Porte.
Council directed staff to move forward with the proposed alternative for disposition of real property
owned by the City of La Porte.
9.STAFF REPORTS
(a)
Receive Drainage Report –J. Garza
Senior Engineer Julian Garza provided the Drainage Report.
(b)
Receive 2011 La Porte Police Department Racial Profiling Report –K. Adcox
Chief of Police Ken Adcox presented the La Porte Police Department Racial Profiling Report.
10.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, February 27, 2012
(b)
City Council Meeting, Monday, February 27, 2012
(c)
La Porte Livestock Show and Rodeo Association Board Meeting, March 1, 2012
(d)
City Council Meeting, Monday, March 12, 2012
(e)
Drainage and Flooding Committee, Monday, March 19, 2012
(f)
Fiscal Affairs Committee Meeting, Monday, March 26, 2012
(g)
City Council Meeting, Monday, March 26, 2012
(h)
City Council Budget Retreat, Saturday, April 14, 2012
(i)f
Electioniling period –February4, 2012 –March 5, 2012
Interim City Manager Steve Gilletthad no additional comments.
11. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regardingspecific factual
information or existing policies–Councilmembers Mosteit, Clausen, Martin,Moser, Kaminski,
Zemanek,Leonard, Engelkenand Mayor Rigby.
Councilmemberscomplimented Chuck Coupland for contributions to the DARE Program and gave
condolences to Stuart Staffaon the loss of his mother. Councilmember Martin thanked Assistant
City Manager Traci Leach for a great presentation and commented on the City of La Porte
Employee Barbeque Kick Off.
Page 3of 4
February 27, 2012, City Council Meeting Minutes
12.EXECUTIVE SESSION
The City Council reservesthe right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code, including, but not limited to, the following:
Texas Government Code, Section 551.072–
Deliberation regarding real property:Discussion of
the sale of property located at 908 and 912 West Main Street.
Texas Government Code, Section 551.074 –
Personnel Matters for the purpose of deliberating
the evaluationand duties of a public officer or employee: City Secretary Patrice Fogarty
City Council recessed the regular meeting to convene an executive session at 7:13 p.m.toconduct
the annual evaluation of City Secretary Patrice Fogarty.The executive session item for real
property was not needed.
13.RECONVENE
into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 7:45 p.m.,and no action was taken.
14.ADJOURN
There being no further business, at7:45p.m. Councilmember Engelken moved to adjourn the meeting.
Respectfully submitted,
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on March12, 2012.
________________________________
Mayor Louis R. Rigby
Page 4of 4
February 27, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:March 12, 2012
Source of Funds: Motor Pool
Requested By:David Mick
Account Number: Various
Department:Public Works
Amount Budgeted:$118,572.00
Report: XResolution:Ordinance:
Amount Requested: $ 82,228.10
Exhibits:Bid Tabulation
Budgeted Item:YES
Exhibits: Bidders List Bid # 12012
ExhibitsPage 266, Approved FY 11_12 Budget
SUMMARY & RECOMMENDATION
Sealed proposalsfor Bid #12012Parks and Golf Course equipment werereceived on February
14, 2012. The list of vendors notified and those returning bids are attached. Low bid for
equipmentmeeting specifications or best value are as follows:
BIDDERBID ITEM BIDBUDGETUSER
Lansdowne-
3 Zero turning radius Parks and
Moody Company, $30,300$37,905
riding mowersRecreation Dept.
Inc.
Brookside
55-Horsepower utility
Equipment Sales, $11,444.62$25,861Golf Course
tractor
Inc.
Brookside
55-Horsepower utility
Equipment Sales, $16,059.48$31,753Golf Course
1
tractor with front loader
Inc.
Brookside
Parks and
Equipment Sales, Broadcast Spreader$5,025$3,961
Recreation Dept.
Inc.
Brookside
2
Equipment Sales, Off-road utility vehicle$19,399$19,092Golf Course
Inc.
TOTALS:
$82,228.10$118,57230.7%Under
Budget
1
Second-low bid selectedfor the 55-horsepower utility tractor with front loader. The apparent
low bid did not comply with specifications requiring an under the hood muffler and hand parking
brake. The second-low bid was $7,605 (20.0%) under budget.
2
Third-low bid selected for the off-road utility vehicle. The apparent low bid was not in
compliance with a total of five specifications. The second low bid received did not comply with
a total of seven specifications. The third-low bid was $307 (1.6%) over the estimated budgetfor
that line item.
Action Requested of City Council:
Award BidItems 1–5 (entire bid) from Bid No.12012in the amounts bid by Lowest Qualified
Bidders meeting specifications.
Approved for City Council Agenda
Steve Gillett, Interim City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 12, 2012Appropriation
Requested By:Stephen L. BarrSource of Funds: Fund 15
015-9892-620-1100
Department:Parks & RecreationAcc’t Number:015-9892-621-1100
$100,000
Report:XResolution: Ordinance: Amount Budgeted: $45,000
$ 61,942
Attachments:Buy Board Proposal #346-10Requested: $3,162
Attachments:Budgeted Item(s): YES XNO
SUMMARY & RECOMMENDATION
City Council approved funding in this year’s Capital Improvement Budget for replacement of play equipment at
Creekmont Park and installation of new play equipment at Bay Oaks Park. Bay Oaks Park is adjacent to the old site
of the Bay Oaks Elementary School,which had a playground. When the school was moved to its new site on
McCabe,there was no playground available for this community. The play equipment will be Miracle® brand, which
matches our equipment in other parks in the City’s park system. The park benches for the new La Porte Dog Park
will also be purchased as a part of this package.
May Recreation Equipment & Design, L.P.
has been chosen to provide the play equipment and
benches discussed above. May Recreation is an authorized Miracle® distributor for Southeast Texas.
Because they have met the bidding requirements for the State of Texas for the Buy Board, they are
eligible for selection for this project(Proposal #346-10)in an amount not to exceed $65,107, with
$61,942 for the playequipment and freight, and $3,162 for the dog park benches.The City has
purchased parks and play equipment from May Recreation for many years. Miracle brand park and
play equipment has a reputation for excellence and also provides an industry standardwarranty. The
equipment will be installed by force account.
Project Benefits, Liabilities, and Operating Costs:
The replacement of worn out play equipment at Creekmont and the addition of new play equipment at
Bay Oaks Park will be a significant benefit for the citizens of La Porte and add to the quality of life.
The play equipment at Creekmont Park was installed in 2000 and is significantly worn. Replacement
of this equipment could avoid possible future liabilityissues.Additional operating costs are expected
to be minimal. Staff will complete one additional play equipment inspection per month; there should
be little or no repairs necessary for the near future.
Action Required by Council:
Consider approval or other actionauthorizing the BuyBoard purchase of play equipment and park equipment
for Creekmont Park, Bay Oaks Park, and the La Porte Dog Park for a sum not to exceed $65,107
Approved for City Council Agenda
___________________________________________________________
Steve Gillett,InterimCityManagerDate
May Recreation Equipment & Design, L.P.
Park and Playground Design, Supply and Installation
“We Speak Playground!”
Spring, Texas
jeff@mayrecreation.com www.mayrecreation.com
Toll Free: (800) 964-6301 -1412 • Fax: (281) 288-0043
Today’sDate:2-14-12
Project Name:Play Structures and Amenities
Client Name:City of La Porte
Contact Name:Scott Bradley
Phone:
May Recreation Equipment & Design, L.P. is pleased to presentthe following job
estimate based upon plans and/or requests made by the client listed above.
QuantityDescriptionExtended
2Miracle KC Modular Play Structure #714-S241J.$41,414.00
1Miracle Standard 2 bay swing set Galv. #2919S$1,199.00
1HoppySpring Rider #962$841.00
3Miracle 6’ Inground Benches #1266$1,244.00
10Miracle Backless Bench Inground #1204$3,162.00
2Miracle 6’ Picnic Table #1116$1,416.00
3Miracle Standard BBQ Grill #1104$880.00
6Miracle Litter Liminator with Dome Lid #1129$3,448.00
2Tot Bucket Seats with Chains #2990$241.00
5Replacement C Spring for Riders$722.00
84Miracle 6’ Recycled Border Timbers.$5,926.00
2Spring Rider Base.$230.00
Freight$4,384.00
Buy Board Proposal #346-10
TOTAL PROJECT ESTIMATE: $65,107.00
Please Note: This proposal is valid for (30) days from today’sdate. Pricing is
subject to change without notice thereafter.
1
Payments will be made according to the followingand will be determined by credit
information received from customer:
Amount due with acceptance of proposal
Amount due upon completion of project
Jeff Bratton
Quote Prepared by: (May Recreation Equipment & Design, L.P.)
Proposal Acceptance
I hereby authorize Miracle Recreation Equipment Co. (c/o May RecreationEquipment
& Design, L.P.) to ship the equipment listed above for which I agree to pay the total
amount specified. Payment is due upon receipt of invoice unless otherwise specified.
Non-taxable customers will provide proper tax exemption certificate to Miracle
Recreation upon request. Purchase orders and payments should be made payable to
the order of Miracle Recreation Equipment Co.
Client SignatureDate
Notes for project: Unless otherwise noted, this proposal does notinclude taxes, site
preparation, surfacing or installation. We will make every effort to avoid damaging
underground utilities (i.e. cable, water, electric, fax/data lines, and irrigation
systems). However, we will not be held responsible for any damages to these items.
Please sign and fax all pages ofthis proposal to (281) 288-0043
We also offer the following products for your project
•Playground Equipment•Splash Pads/Spray Grounds
•Pavilion Shelters/Gazebos•Rubberized Playground Surfacing
•Engineered Wood Fiber Surfacing•Drinking Fountains
•Soccer Goals/Nets•Waterslides
•Picnic Tables/Benches•Park Grills
•Bicycle Racks•Shade Structures
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:March 12, 2012
Source of Funds: Vehicle Replacement
Requested By:Donald Ladd
Account Number:00950515228050
Department:Fire
Amount Budgeted: $420,000.00
Report: XResolution:Ordinance:
Amount Requested:$414,323.00
Exhibits:Vendor and Buy Board Proposal
Budgeted Item:YES
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The Fire Department is due to replace the 1992KME Fire Pumper Truck in the 2012-2013
Budget.This truck has been in the fleet for 20 years and is on the vehicle replacement program.
Because of the lead time associated with building the truck, staff is requesting that the Fire truck
be ordered in March 2012 for a November 2013delivery date. No funds will be expended in this
current fiscal yearand full amount will be due upon delivery, which willcoincide with the 2012-
2013 replacement. The firetruckhasalready been bid to the Buy Board contract #323-09in
Austin Texas, a government purchasing coop.The total price of the truck is covered in the
vehicle replacement fund.
Buy Board Price: $413,683.00
Plus CordReal Change640.00
Total Price$414,323.00
Action Required by Council:
Consider approval or other action to place an orderfor aSutphen HeavyDuty Custom Rescue
Pumper, Shield Model S-2.
Approved for City Council Agenda
Steve Gillett,Interim CityManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:March 12, 2012
Source of Funds:N/A
Requested By: Traci Leach
Account Number:
Department:Administration
Amount Budgeted:
Report: Resolution:Ordinance:X
Amount Requested:
Exhibits: Bid Tabulationand Bid List
Budgeted Item:YESNO
Exhibits: Ordinance
Exhibits:Site Map
SUMMARY & RECOMMENDATION
On December 31, 2011, the existing lease with Mr. James J. Flanagan expired on City-owned
property located at 918 N. Broadway St. in the City of Morgan’s Point(see Site Map for
reference). Subsequent to the lease expiration, the City advertised Sealed Bid No. S12002 for
the sale of the property through the City’s broker, Main Properties. The Notice to Bidders
appeared in the Houston Chronicle on January 26, 2012 and February 2, 2012.
On February 27, 2012, sealed bids were received and opened at Main Properties. Nine (9)bid
packets were picked up and the City received three (3)bids. The highest bidder was Integrated
Marine Services with a bid price of $1,400,000.The appraised value was $664,000.The bid
documents reserved the right of the City toselect the bid that was most advantageous to the City
and provides the Council with as much flexibility as possible in evaluating the submitted bid
offers.However, based on the bid prices submitted, staff recommends accepting the high bid
fromIntegrated Marine Services in the amount of $1,400,000.
Action Required by Council:
Approval or other action of an ordinance to accept abid from Integrated Marine Services in the
amount of $1,400,000 forCity-owned property at 918 N. Broadway St.
Approved for City Council Agenda
Steve Gillett,Interim City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 12, 2012
______N/A___________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: _X__Resolution: ____Ordinance: __
Amount Requested: ____N/A__________
Budgeted Item: YES XNO
Exhibits:
1.Pipeline Permit Application
2.Pipeline Permit #PT-11-37000003
3.Area Map
4.Pipeline Transportation Ordinance
SUMMARY & RECOMMENDATION
DCP Sand Hills Pipeline, LLChas filed application with the City to constructa20”Natural Gas
Liquids (NGL)pipelinethrough La Porte. Right-of-Waycrossings will occuratFairmont
Parkway,Spencer Highway,Underwood Road,and State Highway 225(see Exhibit 3). Staff has
reviewed the company’s application and construction plans toensure that there are no conflicts
with existing public infrastructure.
DCP Sand Hills Pipeline, LLC’sapplicationmeets all requirements of the Pipeline Transportation
Ordinance(see Exhibit 4) and the company has submitted all required documentation and fees per
the ordinance.Based on its review of the application, Staff anticipates no conflicts with existing
and proposed public utilities, roads ordrainage ways.
Beginning with this pipeline application,Staff has implementedan enhanced Pipeline Permit
Application Form,which requires the applicant to provide contact information for the project’s
contractor. Additionally, the Pipeline Permit has been revisedto include City Staff’s participation
in the project’s pre-construction meeting. These updateswillallow for improvedcommunication
between the Cityand the pipeline contractor throughout the project’sconstruction phase.
Conditional to this permitarethe following stipulations:
1.Provide contact name, phone number, and address of pipeline contractor to City of La
Porte Planning Department at (281) 470-5059.
2.Provide notification of and invitation to City of La Porte for pre-construction meeting no
less than 48 hours prior to commencement of construction.
3.Post copies of this Permit at all public right-of-way crossings.
4.Per Sec. 102-235, Item (k) of La Porte’s Code of Ordinances (Ord. 2004-2755): “the
Permittee shall, at any time in the future, where such pipeline or portion thereof crosses
or is laid within, under or across any street, road or utility right-of-way, drainage way or
public way existing or projected at the time the permit is issued, reposition such pipeline
2
(which shall include lowering or raising the pipeline, as well as casing it, if required) at
the Permittee’s sole expense, when the City reasonably requires such action incidental to
public construction or public improvement: construction, maintenance and improvement
of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The
City shall give the Permittee prior written notice of the need for repositioning location,
and such notice shall be mailed certified mail, return receipt requested, to the Permittee as
designated in the application. The Permittee shall have six (6) months to complete such
repositioning.
5.Any and all construction materials utilized by the pipeline contractor for access across
any and all drainage ditches, drainage paths and/ordrainage channels shall be promptly
removed by the contractor upon completion of construction at each crossing.
6.Any fill material resulting from construction shall be removed or be subject to a Fill
Permit from the City.
7.Prior to an anticipated major rain event, contractor shall remove all construction-related
materials and/or fill from any drainage way or roadside ditch as to not impede storm
water runoff.
Upon Council’s approval, the Director of Planning will execute aconstruction permit to DCP Sand
Hills Pipeline, LLCin duplicate originals, one which shall be delivered to the Permittee and one
which shall be retained by the City, as required by ordinance.
__________________________________________________________________________________________________________________
Action Required by Council:
Consider approval or other action authorizingthe Planning Director to execute a Pipeline Permit to
DCP Sand Hills Pipeline, LLCfor the installation ofa20”NGLpipelinethrough the City of La
Porte.
______________________________________________________________________________________
Approved for City Council Agenda
Steve Gillett,InterimCity ManagerDate
City of La Porte Planning Department
604 West Fairmont Parkway
La Porte, Texas 77571
Phone: (281) 471-5020 –Fax: (281) 470-5005
www.laportetx.gov
March 12, 2012
DCP Sand Hills Pipeline, LLC
15201 East Freeway, Suite 109
Channelview, TX 77530
Attn: Steve Roane
RE:Pipeline TransportationPermit(PT-11-37000003)
Dear Mr.Roane:
Yourapplication for a permit to construct a20”NGLpipeline within the city limits of La Porte has beenapproved by La
Porte City Council at its March 12, 2012meeting.You are hereby authorized to begin construction as governed by
regulations set forth in City of La Porte Ordinance 2004-2755:
Please note this permit is issued with thefollowingconditions:
1.Conductpre-construction meeting with City of La Porte staffno less than 48 hours prior to commencement of
construction.
2.Post copies of this Permit at all public right-of-way crossings.
3.Per Sec. 102-235, Item (k)of La Porte’s Code of Ordinances (Ord.2004-2755): “the Permittee shall, at any time
in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or
utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition
such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the
Permittee’s sole expense, when the City reasonably requires such action incidental to public construction or
public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines,
storm sewers, ditches and public utilities. The City shall give the Permittee prior written notice of the need for
repositioninglocation, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as
designated in the application. The Permittee shall have six (6) months to complete such repositioning.
4.Any and all construction materials utilized by the pipeline contractor for access across any and all drainage
ditches, drainage pathsand/or drainagechannels shall be promptly removed by the contractor upon completion of
constructionat each crossing.
5.Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City.
6.Prior to an anticipatedmajor rain event, contractor shall remove all construction-related materials and/or fill from
any drainage way or roadside ditch as to not impede stormwaterrunoff.
Pg. 2
Sincerely,
Tim Tietjens
Planning Director
CC:
Finance Department; PT-11-37000003File
S.H. 225
PROP. 20" NGL
UNDERWOOD RD.
PIPELINE
DEER PARK
LA PORTE
SPENCER HWY.
PROP. 20" NGL
PIPELINE
FAIRMONT PKWY.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:03-12-12
Source of Funds:
Requested By:Kenith Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits: Power Point –New Animal ShelterSite Options
Budgeted Item:YESNO
Site Criteria Checklist for Animal Care Facilities
SUMMARY & RECOMMENDATION
City Council approved a Capital Improvement Project for the current Fiscal Year for the
construction of a new Animal Shelter. During last year’s Council retreat, various sites were
discussedand staff has done further research in regardsto potential siteswith additional input
from the City’s Animal Shelter Advisory Boardand Architectural Firm.
Staff will be present to present the options and get Council direction on the location of the new
Animal Shelter.
Action Required by Council:
Receive Council input and recommendations relating to the site for thenew Animal Shelter.
Approved for City Council Agenda
Steve Gillett, Interim City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested March 12, 2012
Source of Funds:
Requested By:D. Wilmore
Account Number:
Department:Planning
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits: P & Z Recommendation Letter
Budgeted Item:YESNO
Exhibits: Existing Requirements & Proposed Amendments
SUMMARY & RECOMMENDATION
Group care facilities (aka group homes, community homes, residential personal care homes,
living centers and assisted living centers) are a vital part of today’s society and the industry is
growing rapidly. These facilities currently existwithin our City’s neighborhoods (including
deed restricted areas) and the need for licensing and/or supervision by governing state agencies is
based upon the number of residents served.
Current zoning Sect. 106-331, Table A identifies group care facilities [SIC Code #8361 –
prohibits
Residential Care] as “conditional” in a high-density residential (R-3) zone and the
facilities in both low-density (R-1) and mid-density (R-2) zones. However, this prohibition can
conflictwith Federal Fair Housing laws if otherwise legally permissible facilities are operated in
residential areas, in many situations.
In September 2011, Council directed Planning Department staff to forward the matter to the
Planning & Zoning Commission (P&Z) for their review and recommendation.P&Z received
public input and discussed the proposed regulations at two workshops (October 20, 2011 &
January 19, 2012) and two public hearings(November 17, 2011& February 16, 2012).The
Commission, by a vote of 7-1 (one member absent), recommended approval of the proposed
amendments. Their recommendation letter is included with this submittal.
The proposal is not intended to prohibit or deter the use of property for group care facilities. In
fact, the proposed changes would benefit the community’s public health, safety and welfare by
providing city personnel right of entry (i.e. fire and building inspections to ensure safe
habitability; police access in some situations) and obtaining critical facility information (i.e.
maximum resident numbers, contact information, etc.).
Staff’s report includes existing regulations, staff’s proposed amendments (highlighted in yellow)
and P&Z’s comments/changes (highlighted in aqua).Major proposed changes include:
Amend regulations to eliminate conflict with federal fair housing laws
Amend family and group care facilities definitions
Amend group care facility requirements in Table A (Uses) & Table B (Area
Requirements) with accompany criteria
Amend sign regulations to address use of group care facility signage within all residential
neighborhoods
At this time, staff is requesting Council direction. Possible direction could include:
th
Proceed with the scheduled 03/26Public Hearing to receive public input on the P&Z
recommendation “as currently written”;
th
Proceed with the scheduled 03/26Public Hearing to receive public input on an
“amended version” of the P&Z recommendation;
th
Act to remand to the P&Z Commission and cancel the scheduled03/26Public
Hearing;
Other direction.
Action Required by Council:
Receive report and provide staff with direction regarding group care facilities (a/k/agroup
homes, community homes, residential personal care homes, living centers and assisted living
centers)
Approved for City Council Agenda
Steve Gillett, Interim City ManagerDate
ZONING ORDINANCE -GROUP CARE FACILITIES
Existing Requirements
Sect. 106-1. Definitions.
+VSYTGEVIJEGMPMXMIW means residential facilities designed to provide a transition from traditional
treatment facilitiesto normal daily living for special populations such as the mentally retarded,
physically handicapped, or substance users. These facilities include but are not limited to half-
way houses and group homes.
Sec. 106-331. Table A, residential uses.
A—Accessory uses (subject to requirements of section 106-741)
C—Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and zoning
commission).
*—not allowed.
Uses (SIC Code #)Zones
6661,00
Group care facilities no **C**
closer than 1,000 feet to a
similar use 836)
Freestanding on-premises See article VII of this chapter
identification sign;
townhouses, multi-family
developments, group care
facilities, subdivisions,
education and religious
facilities
Home occupationsAAAAAA
Sec. 106-332. -Interpretation andenforcement.
Property uses, except as provided for by section 106-331, Table A, are prohibited and constitute
a violation of this chapter.
Group Care Facilities
Zoning Ordinance Amendment
Page 2of 11
Sec. 106-333. -Table B, residential area requirements.
(a)8EFPI&VIWMHIRXMEPEVIEVIUYMVIQIRXW
Uses Min. Minimum Minimum Yard Maximum Minimum Minimum Maximum
Lot
8 Lot Lot Setbacks L.F. F.R.S. Height Site Dev. Open Coverage/Min.
Area Width 2, 3, 4, 5, 6, 10, 11, Area/Unit Space/Unit Landscaping
/D.UL.F. 12,13,14,15 S.F. 5 S.F. Required 9,19
. S.F.
Group care 25-20-1025 Ft.N/AN/AN/A/6%
facilities (less
than 6) and day
care homes
Freestanding See article VII ofthis chapter
on-premises
signs
Sec. 106-874. -On-premises signs.
(a)*VIIWXERHMRKSRTVIQMWIWWMKRW
(2)666ERH1,HMWXVMGXW
a.One freestanding identification sign is permitted fortownhouses, multifamily
developments, group care facilities, subdivisions, education and religious facilities.
b.For a bed and breakfast facility one sign not exceeding three square feet in area
and nonilluminated shall be allowed. This sign may be either mounted on the building
or located in a landscaped portion of the yard.
c.For a home occupation facility one sign not exceeding two square feetin area and
nonilluminated shall be allowed. This sign shall be mounted flat against the wallof the
principal building.
d.The size of the sign may not exceed 150 square feet.
e.There are no minimum yard setbacks.
f.The maximum height is 45 feet.
(b)%XXEGLIHSRTVIQMWIWWMKRW
R-1, R-2,
(2)ERH1,HMWXVMGXW
a.The size of the sign may not exceed three square feet.
b.No portion of the sign may have a luminous greater than 200 footcandles and
may not move, flash, rotate or change illumination.
R-3
(3)'62'+'&-0-ERH,-HMWXVMGXW
a.The cumulative size of the signs may not exceed 15 percent of the wall area.
Group Care Facilities
Zoning Ordinance Amendment
Page 3of 11
b.If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not
flash and must be designed so that it does not shine or reflect light into adjacent
residences.
c.One attached canopy sign may be displayed. Such sign shall not exceed 30
percent of the canopy area. Such sign must be contained within the physical limits of
the canopy and shall not extend above or below the canopy.
Analysis
Table Ashould be amended to reflect which residential care establishments identified in
Standard Industrial Classification (SIC) Industry Group #836 (residential care), are not
“protected” or “typical for residential use” and should be “excepted”.
To ensure visual compatibility with residential neighborhoods, current sign regulations
should be amended to coordinate with all residential zones in Table A.
Continue to utilize the current1,000 feet (required separation distance) regulation in
Table A, but amend the table to include all residential zones.
Recommended Amendments
Amend the group care facilities definition.
Amend group care facility requirements in Table A (Uses) & Table B (Area
Requirements) with accompanying criteria
Amend sign regulations to address use of group care facility signage within all residential
neighborhoods
Consider “draft” application and proposed fee for issuance of a Group Care Facility
Registration Certificate (included in this report)
Sect. 106-1. Definitions.
*EQMP]means any number of related persons or, not more than four unrelated persons living as a
single housekeeping unit. The limitation on the number of unrelated persons in a single
housekeeping unit shall not apply in the case of group care facilities, as thatterm is defined in
this section.
Group Care Facilities
Zoning Ordinance Amendment
Page 4of 11
+VSYTGEVIJEGMPMXMIW means residential facilities providing food and shelter to persons who are
unrelated to the proprietor of the dwelling and/orestablishment, designed to provide a transition
from traditional treatment facilities to normal daily living for special populations such as the
elderly, mentally handicapped, physically handicapped, or recoveringsubstance users. These
facilities include but are not limited to half-way houses and group homes.
Sec. 106-331. Table A, residential uses.
P (ABCa-k)—Permitted uses (subject to designated criteria established in S. 106-334).
Uses (SIC Code #)Zones
6661,00
Group care facilities
(similar to SIC Industry
Group #836 -
)\GITX
LEPJ[E]LSQIWJSV
HIPMRUYIRXWERH
SJJIRHIVW NYZIRMPI
GSVVIGXMSREPLSQIW
SVTLEREKIW LSQIWJSV
HIWXMXYXIQIR
[SQIR
WIPJLIPTKVSYTLSQIWJSV
TIVWSRW[MXLWSGMEPSV
TIVWSREPTVSFPIQW ERH
XVEMRMRKWGLSSPWJSV
:
HIPMRUYIRXW
(3) or less personsP (j)P (j)P (j)P (j)P (j)
(4) or more personsP (k)P (k)P (k)P (k)P (k)
See article VII of this chapter
Freestanding on-premises
identification sign;
townhouses, multi-family
developments, group care
facilities(except when
located withina
residential neighborhood),
subdivisions, education
and religious facilities
Group Care Facilities
Zoning Ordinance Amendment
Page 5of 11
Sec. 106-334. Special use performance standards; residential.
(j)Group care facilities that provide food and shelter to 3 or fewer persons (aka community
homes, residential personal care homes, living centers, assisted living centers and similar uses as
identified in SIC Industry Group #836 (Residential Care), Industry #8361.
1.Location: Facilitiesshall be permitted as a use-by-right in R-1 Low Density
Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH
Manufactured Housing and LL Large Lot Districts.
2.Distance Requirement: Group care facilities shall not be closer than 1,000 feet to
a similar use (SIC Industry Group #836). Measurement shall be from the nearest
boundary of the sites on which they are located.
3.Signage:Group care facilities located within a residential neighborhood shall be
allowed to have one (1) sign not exceeding two (2) square feet in area, non-illuminated
and mounted flat against the wall of the principal building.
4.Visual Compatibility: Thereshall be no change in the outside appearance of the
building or premises. No structural alterations shall be permitted that will cause the
group care facility to be substantially distinguishable from other surrounding residential
properties.
5.Registration Requirement: Facilities providing food and shelter to three (3) or
fewerpersons, who are unrelated to the proprietor of the dwelling and/or establishment,
shall comply with all city regulations and register their facility with the City annually by
obtaining a Group Care Facility Certificate. The certificatecost shall be at the rate
st
established in Appendix A, fees, of this Code, shall expire on December 31of each year.
th
Such fee shall be payable to the City on or before December 15for the next succeeding
calendar year. The fee provided for in this article shall not be subject to proration or
reduction for payment for a period of less than twelve (12) calendar months. Operation
of a facility without first having obtained the required certificate shall be deemed a
violation this article.
6.Payment of Taxes: All ad valorem taxes on any and all property, personal or real,
necessary to the operation of the facility must be paid prior to the issuance or renewal of
the certificate.
7.Display of Registration Certificate. Every facility so registered shall display an
active registration certificate in a conspicuous place, within the facility common area, so
as to be easily seen by the public.
8.Access to the Facility: City personnel shall haveright-of-entry to ensure safe
habitability and public safety. City personnel shall advise on-site facility personnel of the
purpose of their visit.
9.Annual Inspection:The Fire Marshal’s Office shall perform a minimum of one
(1) annual inspection for each group care facility.Facilities shall comply with all
applicable city codes, ordinances, policies and regulations.
Group Care Facilities
Zoning Ordinance Amendment
Page 6of 11
(k).Facilities shall be in compliance with State regulations pertaining to group care facilities.
To ensure compliance with state regulations, a copy of the facility’s active State license shall be
provided to the City,when requested by city staff.
Sec. 106-333. -Table B, residential area requirements.
(a)Table B, residential area requirements.
Uses Min. MinimuMinimum Yard Maximum Minimum Minimum Maximum
Lot
8 Lot m Lot Setbacks L.F. F.R.S. Height Site Dev. Open Coverage/Min.
Area Width 2, 3, 4, 5, 6, 10, 11, Area/Unit Space/Unit Landscaping
/D.U. L.F. 12,13,14,15 S.F. 5 S.F. Required 9,19,
S.F. 20
Group care
facilities (less 25-20-1025 Ft.N/AN/AN/A/6%
than 6) and
day care
homes
State Licensed
& Registered
Child-care
homes
(Max. (12) in 9100
private home;5025-15-535 Ft.4.8N/A40% / N/A
per Tx. Dept. DU/A
of Family &
Protective
Services,
Chap. 747)
Group care
facilities-9100
(3) or less 60005025-15-535 Ft. 4.8N/A40% / N/A
personsDU/A
Group Care Facilities
Zoning Ordinance Amendment
Page 7of 11
Sec. 106-874. -On-premises signs.
(a)*VIIWXERHMRKSRTVIQMWIWWMKRW
(2)6661,ERH00HMWXVMGXW
a.One freestanding identification sign is permitted fortownhouses, multifamily
developments,group care facilities(except when located withina residential
neighborhood), subdivisions, education and religious facilities.
(b)%XXEGLIHSRTVIQMWIWWMKRW
(2)6661,ERH00HMWXVMGXW
a.The size of the sign may not exceed three square feet.
b.No portion of the sign may have a luminous greater than 200 footcandles and
may not move, flash, rotate or change illumination.
c. Signage: Group care facilities located within a residential neighborhood shall be
allowed to have one (1) sign not exceeding two (2) square feet in area,non-illuminated
and mounted flat against the wall of the principal building.
(3)R'62'+'&-0-ERH,-HMWXVMGXW
a.The cumulative size of the signs may not exceed 15 percentof the wall area.
b.If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not
flash and must be designed so that it does not shine or reflect light into adjacent
residences.
c.One attached canopy sign may be displayed. Such sign shall not exceed 30
percent of the canopy area. Such sign must be contained within the physical limits of
the canopy and shall not extend above or below the canopy.
Group Care Facilities
Zoning Ordinance Amendment
Page 8of 11
SIC
8361RESIDENTIAL CARE
Establishments primarily engaged in the provision of residential social
and personal care for children, the aged, and special categories of
persons with some limits on ability for self-care, but where medical care
is not a major element. Included are establishments providing 24-hour
year-round care for children. Boarding schools providing elementary and
secondary education are classified in Industry 8211. Establishments
primarily engaged in providing nursing and health-related personal care
are classified in Industry Group 805.
Alcoholism rehabilitationcenters,Homes for children, with health care
residential: with health care incidentalincidental
Boys' towns“X”Homes for destitute men & women
Children's boarding homesHomes for aged, with health care
Children's homesincidental
Children's villagesHomes for the deaf or blind,
Drug rehabilitation centers, residential:with health care incidental
with health care incidentalHomes for the emotionally disturbed,
Group foster homeswith health care incidental
Halfway group homes for person withHomes for mentally handicapped,
social or personal problemswith health care incidental
“X” Halfway homes for delinquents andHomes for physically handicapped,
offenderswith health care incidental
“X”Correctional homes Rest homes, with health care incidental
Old soldiers' homes“X”Self-help group homes for persons
“X”Orphanageswith social or personal problems
Rehabilitation centers, residential: with“X”Training schools for delinquents
health care incidental
LEGEND:
Highlighted= Protected “X”= Excepted = Typical for Residential Use
Group Care Facilities
Zoning Ordinance Amendment
Page 9of 11
APPLICATION FOR
GROUP CARE FACILITY
REGISTRATION CERTIFICATE
Regulations are applicable to group care facilitieshousing three (3) or fewerpersons who are
unrelated to the proprietor of the establishment. [Standard Industrial Classification (SIC)
Industry Group # 836; Industry #8361 (Residential Care)]
NEW:RENEWAL:AMENDMENT:
ǣ̈́ʹͷǤͲͲȋ -RATED)
ST
EXPIRATION DATE:DECEMBER 31OF EACH YEAR.
TH
(SUBJECT TO RENEWAL BY 12/15OF EA. YEAR)
ORDINANCE #:????????Effective ??????
---PLEASE PRINT LEGIBLY---
ADDRESS OFFACILITY:
FACILITY NAME:
OWNER’S NAME
MAILING ADDRESS:
CITY /STATE/ZIP:
CONTACT NUMBER(s):
MAXIMUM # OF PERSONS HOUSED:
Group Care Facilities
Zoning Ordinance Amendment
Page 10of 11
I, ,hereby acknowledge that I am the
2EQI4PIEWITVMRX
owner of the facility and that the information provided in this application is factual. I
understand that failure to comply with applicable city regulations (see below) constitutes
a violation of the City’s zoning regulations.
Sec. 106-334. Special use performance standards; residential.
(j)Group care facilities that provide food and shelter to 3 or fewer persons (aka community
homes, residential personal care homes,living centers, assisted living centers and similar uses as
identified in SIC Industry Group #836 (Residential Care), Industry #8361.
1.Location: Facilities shall be permitted as a use-by-right in R-1 Low Density
Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH
Manufactured Housing and LL Large Lot Districts.
2.Distance Requirement: Group care facilities shall not be closer than 1,000 feet to
a similar use (SIC Industry Group #836). Measurement shall be from the nearest
boundary of the sites on which they are located.
3.Signage: Group care facilities located within a residential neighborhood shall be
allowed to have one (1) sign not exceeding two (2) square feet in area, non-illuminated
and mounted flat against the wall of the principal building.
4.Visual Compatibility: There shall be no change in the outside appearance of the
building or premises. No structural alterations shall be permitted that will cause the
group care facility to be substantially distinguishable from other surrounding residential
properties.
5.Registration Requirement: Facilities providing food & shelter to three (3) or
fewerpersons, who are unrelated to the proprietor of the dwelling and/orestablishment,
shall comply with all city regulations and register their facility with the City annually by
obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate
st
established in Appendix A, fees, of this Code, shall expire on December 31of each year.
th
Such fee shall be payable to the City on or before December 15for the next succeeding
calendar year. The fee provided for in this article shall not be subject to proration or
reduction for payment for a period of less than twelve (12) calendar months. Operation
of a facility without first having obtained the required certificate shall be deemed a
violation this article.
6.Payment of Taxes: All ad valorem taxes on any and all property, personal or real,
necessary to the operation of the facility must be paid prior to the issuance or renewal of
the certificate.
7.Display of Registration Certificate. Every facility so registered shall display an
active registration certificate in a conspicuous place, within the facility common area, so
as to be easily seen by the public.
Group Care Facilities
Zoning Ordinance Amendment
Page 11of 11
8.Access to the Facility: City personnel shall have right-of-entry to ensure safe
habitability and public safety. City personnel shall advise on-site facility personnel of the
purpose of their visit.
9.Annual Inspection:The Fire Marshal’s Office shall perform a minimum of one
(1) annual inspection for each group care facility. Facilities shall comply with all
applicable city codes, ordinances, policies and regulations.
X
DateSignature
---City Use Only ---
Zoning District:R-1R-2R-3MHor LL
Sector #:HCAD #
NOTE: Not site specific, check company & individual
Taxes:
names and site)
Tax Dept. Approval:X
DateName
Inspection Approval:X
DateName
UNTIL ITEMS ARESATISFIED
DO NOT COLLECT FEES/ISSUE CERTIFICATE .
TAX APPROVAL RCVD:INSP APPROVAL RCVD:
Certificate #Attach Copy of Rcpt: Date :
Certificate Expiration:December 31,
Original Appl./Cert. to Insp. File:Copy of Appl./Cert. to FMO:
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 12, 2012Appropriation
Requested By:Stephen L. BarrSource of Funds:
Department:Parks & RecreationAcc’t Number:N/A
Report:XResolution: Ordinance: Amount Budgeted:
Attachments:Proposed AgreementRequested:
Attachments:Budgeted Item(s): YES N/ANO
Attachments:
_____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
th
At the February 13City Council meeting, the Council heard a Citizen request from La Porte residents,
Mr. & Mrs. Rob Rollins, regarding implementation of a Vendor’s Market at the Five Points Town Plaza.
TheCouncil was favorable to the idea and indicated that itwould entertain an agreement for such a
purpose at Five Points.
Staff has met with Mr. andMrs. Rollins and developed a proposed agreement for Councilconsideration.
Highlights of the agreement conditions are as follows:
st
Vendor events to be held the 1Saturday of each month, beginning at 8am and ending at
3pm.
Initial 6 month trial, with provision to extend for three (3) additional one (1) year
extensions
Contractor to provide all setup, clearing and cleaning for each event at no cost to the City
In lieu of rental fee, Contractor to provide 3 complimentary vendor spaces to the City for
each event, for use by Police, Fire, or Public Safety, general city information, and LPISD
use; use to be determined by the City.
Contractor to provide liability insurance coverage for the event
Contractor to assure that vendors meet applicable health and safety requirements
Contractor to assure that ambient noise falls within the parameters set by Section 34-92 of
the City’s Code of Ordinances, and that there is no amplification during the event
Action Required by Council:
Consider approval or other action authorizing the Parks and Recreation Director to execute an agreement
with Robin and Letisha Rollins for theoperation of a Vendor’s Market at Five Points.
Approved for City Council Agenda
___________________________________________________________
Steve Gillett,Interim CityManagerDate
CITYOFLAPORTEPARKSANDRECREATIONDEPARTMENT
INDEPENDENTCONTRACTORAGREEMENTFOR
FIVEPOINTSMARKETPROGRAM
Thisagreementmadeandenteredintoon___dayof,2012byandbetweentheCityofLa
Porte,TexasbyandthroughtheParksandRecreationDepartment,hereinafterreferredtoas“City”,and
__Mr.RobinRollinsandMrs.LetishaRollinswhoseaddressis3014BayouDrive,
___LaPorte_,Texas,77571__,hereinafterreferredtoas“INDEPENDENTCONTRACTOR”.
WITNESSETH:
ThisAgreementforuseofCityofLaPorteFivePointsTownPlazaisenteredintoinordertoexpressa
clearunderstandingofeachentity’srolesandresponsibilities.
TheCityofLaPorte“CITY”operatesFivePointsTownPlaza.ThisAgreementwithRobinRollins
andLeticiaRollins,“INDEPENDENTCONTRACTOR”,authorizesINDEPENDENT
MarketatFivePoints
CONTRACTORtoadministerandbetheproprietoroftheeventattheFive
PointsTownPlaza,onthefirstSaturdayofeverymonthfallingwithinthecontracttermperiodherein
.
providedThatinconsiderationofthemutualagreementshereincontained,theCITYherebyleasesto
theINDEPENDENTCONTRACTORandtheINDEPENDENTCONTRACTORherebyaccepts,
subjecttothetermsandconditionshereinsetforth,thepropertyknownastheFivePointsTownPlaza,
asmorespecificallyprovidedbelow:
1.Compensation.InfullconsiderationfortheperformanceoftheServicehereunder,andforany
rightsgrantedorrelinquishedbytheINDEPENDENTCONTRACTORunderthisAgreement,
theINDEPENDENTCONTRACTORshallpayCITYasfollows:
A.AllcostsoftheservicesprovidedfortheMarketDaysofLaPortemonthlyeventwillbe
bornesolelybytheINDEPENDENTCONTRACTOR.Nofeeorpaymentwillbeprovided
toCITYbysaidINDEPENDENTCONTRACTOR.Inlieuoffeeorpayment,
INDEPENDENTCONTRACTORagreestoprovidethree(3)boothspacesperevent,for
usebyCITYasfollows:one(1)boothspaceforgeneralCITYuse,one(1)boothspacefor
usebythePoliceorFireDepartment,andone(1)boothspaceforusebytheLaPorte
IndependentSchoolDistrict.
B.INDEPENDENTCONTRACTORacknowledgesandagreesthatitshallnotbeentitledto,
andCITYshallnotbeobligatedtopay,anymoniesorothercompensationfortheservices
providedandrightsgrantedunderthisAgreement.
2.Terms.
A.ThetermofthisAgreementshallcommenceonthefirstSaturdayinApril,2012and
includethefirstSaturdayofeachsubsequentmonththroughandincludingthefirst
SaturdayinOctober,2012,onatrialbasis.Attheendofthistrialperiod,CITYand
INDEPENDENTCONTRACTOR,bywrittenconsentofbothparties,mayextendthe
contractforthree(3)additionalone(1)yearrenewableoptions.Setuptimefortheevent(s)
1
willnotbeginbefore6amonthedayoftheevent,andtermination/cleanupshallbe
completedby5pmonthedayoftheevent.
B.Thisagreementmaybeterminated(1)byeitherpartyuponsixty(60)dayspriorwritten
noticeiftheotherpartybreachesorisindefaultofanyobligationhereunderandsuch
defaulthasnotbeencuredwithinsuchsixty(60)dayperiod;(2)bytheCityuponsixty(60)
dayspriorwrittennoticeatanytimeduringtheTermoranyrenewals,foranyreason.
C.TheINDEPENDENTCONTRACTORwillbetheexclusivecollectorofallregistrant’s
fees.TheINDEPENDENTCONTRACTORwillnotallowparticipationintheprogram
withouteachpatronbeingdulyregistered.
D.TheINDEPENDENTCONTRACTORshallnotifytheCityParksandRecreation
Departmenton-callpersonat281-470-2141(CityDispatcher)ofanycancellation.
E.TheINDEPENDENTCONTRACTORmustensurethateachparticipatingvendorthatis
servingfoodateacheventhastheappropriateHarrisCountyHealthPermitand/orFood
Handler’sCertificateonhand,asrequiredbytheHarrisCountyHealthDepartment.
F.INDEPENDENTCONTRACTORshallkeepandmaintainduringthetermofthis
Additional
agreement,acomprehensivegeneralliabilitypolicy,withCITYnamedas
NamedInsured,
withlimitsofliabilityofnotlessthanOneMillionDollars
($1,000,000.00)combinedsinglelimitbodilyinjuryandpropertydamageperoccurrence,
withamaximumdeductibleofOneThousandDollars($1,000.00)peroccurrence.Thirty
(30)dayspriornoticeofpolicycancellationshallbeprovidedtoCITY.Saidliabilitypolicy
mustnotexcludeparticipantsintheINDEPENDENTCONTRACTOR’Sscheduledor
unscheduledactivitiesatthefacilities.Otherpolicyexclusionsarepermissible,provided
thattheydonotcontradictthetermsofthisAgreement.INDEPENDENTCONTRACTOR
CertificateofInsurance
shallfurnishCITYwithaevidencingsuchcoverage.Such
insuranceshallincludecontractualliabilityinsuringtheindemnityagreementscontainedin
thisAgreement.
G.ThepremisesaretobevacatedandleftcleanbytheContractorbytheagreedtimeshown
hereininSection2(A).IfthepremisesarenotvacatedbyINDEPENDENT
CONTRACTORbythedesignatedendofeachevent,thenCITYisherebyauthorizedto
removefromtheFivePointTownPlazaattheexpenseofINDEPENDENT
CONTRACTORallgoods,wares,merchandiseandpropertyofanyandallkindsand
descriptionplacedthereinbytheINDEPENDENTCONTRACTORandwhichmaybethen
occupyingthesame,andCityshallnotbeliableforanydamagesorlosstosuchgoods,
wares,merchandiseorotherpropertywhichmaybesustainedeitherbyreasonofsuch
removaloroftheplacetowhichitmayberemoved,andtheCityisherebyexpressly
releasedfromanyandallsuchclaimsfordamagesofwhatsoeverkindofnaturecausedby
orrelatedtoexerciseofitsrightsunderthisparagraph.
H.NeitherCITY,norINDEPENDENTCONTRACTOR,shallmakeanychargeforparking
atFivePointTownPlaza.
2
I.INDEPENDENTCONTRACTORshallnothavetherighttoassignthisagreementorany
rightshereundernortosubletsaidpremiseswithoutthewrittenconsentofCITYfirst
obtained.
J.INDEPENDENTCONTRACTORshalluseandoccupytheFivePointTownPlazaina
safeandcarefulmanner;itshallcomplywithalllaws,rules,regulationsandordinancesof
theCityofLaPorte,andanystate,countyorgovernmentalauthoritycontrollingor
governingthedemisedpremisesortheoperationtherein,andallrulesandregulations
relatingtotheuseofsaidFivePointsTownPlaza;itshallnotpermitsaidpremises,orany
partthereof,tobeusedforanyunlawfulorimmoralpurposesorinanymannerastoinjure
personsorproperty,saidINDEPENDENTCONTRACTORshallnotdoanyactorsuffer
anyacttobedonewhichwillinanywaymar,defaceorinjureanypartofsaidFivePoints
TownPlazaanduponterminationofthisagreementINDEPENDENTCONTRACTOR
shalldeliverthepremisesaforesaidingoodconditionandrepairasthesameshallbefound
atthebeginningofthetermhereof,exceptingonlylossesbyperilscoveredbyCity’sfire
andextendedcoverageinsuranceforwhichsubrogationhasbeenwaivedbytheinsurer;
INDEPENDENTCONTRACTORagreestoprovide,atitsexpense,allnecessarylicenses
andpermitsrequiredinaccordancewithlawfortheuseofthepremisesashereinprovided.
K.INDEPENDENTCONTRACTORshallassurethatparticipantsineventsheldduringthe
timeperioddesignatedbythisAgreement,areincompliancewithSection34-92ofthe
CITYCodeofOrdinancesrelatingtonoise.Noamplifiedsoundwillbeallowedatthe
event(s).
L.INDEPENDENTCONTRACTORshallpayandsavetheCityharmlessfromanyandall
damages,lossorliabilityoccurringbyreasonofanyinjurytopersonorproperty
occasionedbyanyactoromission,neglectorwrongdoingoftheCityorINDEPENDENT
CONTRACTOR,oranyoftheirrespectiveofficers,agents,representatives,guests,
employees,patrons,inviteesorpersonscontractingwithCityorINDEPENDENT
CONTRACTOR.INDEPENDENTCONTRACTOR,atitsowncostandexpense,defend
andprotectCityagainstanyandallsuchclaimsordemands.INDEPENDENT
CONTRACTORshallpayforanyandalldamagestothepropertyoftheCity,orlossor
theftofpropertydoneorcausedbysuchpersons.
M.INDEPENDENTCONTRACTORassumesallriskofdamagetoandlossbytheftorother
ofthefixtures,appliancesorotherpropertyoftheINDEPENDENTCONTRACTORor
INDEPENDENTCONTRACTORexhibitors,contestants,andthosecontractingwith
INDEPENDENTCONTRACTOR,aswellasemployeesthereof,andCityishereby
expresslyreleasedanddischargedfromanyandallliabilityforanysuchharm.
N.INDEPENDENTCONTRACTORshallnot,withoutthewrittenconsentoftheCity,putup
oroperateanyengineormotorormachineryontheFivePointTownPlazaoruseoils,
burningfluids,camphene,kerosene,naphtha,orgasolineforeithermechanicalorother
purposesoranyotheragentthangasorelectricityforilluminatingtheFivePointTown
Plaza.
3
RelationshiptoParties:
ItisunderstoodandagreedthatINDEPENDENTCONTRACTORandtheCityofLaPorteare
separatelegalentitiesandneitherINDEPENDENTCONTRACTORnoranyofitsemployees,
volunteers,andagentscontractedbyitshallbedeemedforanypurposestobeemployeesoragentsof
theCityofLaPorte.Likewise,neithertheCityofLaPortenoranyofitsemployees,volunteers,or
agentscontractedbyitshallbedeemedforanypurposestobeemployeesoragentsofthe
INDEPENDENTCONTRACTOR.
TheCityofLaPortewillassumefullresponsibilityfortheactionsofCitypersonnelwhileperforming
anyservicesincidenttothisAgreementandshallremainresponsiblefortheirsupervision,daily
directionandcontrol,andpaymentofsalary.
NoWaiverofImmunity
CITYshallnotwaiveorrelinquishanygovernmentalimmunitiesordefensesonbehalfofthemselves,
theirtrustees,officers,employees,andagentsasaresultoftheexecutionofthisAgreementand
performanceofthefunctionsorobligationsdescribedherein.
AuthorizationofAgreement
EachpartyrepresentsandwarrantstotheotherthattheexecutionofthisAgreementhasbeenduly
authorized.
Severability
IntheeventthatanyoneormoreoftheprovisionscontainedinthisAgreementshallforanyreasonbe
heldtobeinvalid,illegal,orunenforceableinanyrespect,suchinvalidity,illegality,unenforceability
shallnotaffectanyotherprovisions,andtheAgreementshallbeconstruedasifsuchinvalid,illegal,or
unenforceableprovisionhadneverbeencontainedinit.
ThirdParties
NeitherthisAgreement,noranytermofprovisionhereof,noranyinclusionbyreferenceshallbe
construedasbeingforthebenefitofanypartynotinsignatoryhereto.
Notice
AnynoticerequiredtobegivenundertheprovisionsofthisAgreementshallbeinwritingandshallbe
dulyservedwhenitshallbehand-deliveredtotheaddressessetoutbelow,orshallhavebeen
deposited,dulyregisteredorcertified,returnreceiptrequested,intheUnitedStatesPostOffice
addressedtotheotherpartyatthefollowingaddresses:
TotheCityofLaPorte:
Parks&Recreation
Attention:StephenL.Barr,Director
1322SouthBroadway
LaPorte,Texas77571-5306
ToINDEPENDENTCONTRACTOR:
Mr.Robinand/orMrs.TishaRollins
3014BayouDrive
LaPorte,Texas77571-6902
4
Anypartymaydesignateadifferentaddressbygivingtheotherpartytendays’writtennoticeinthe
mannerprovidedabove.
NoAssignment
NoassignmentofthisAgreementorofanydulyorobligationofperformancehereunder,shallbemade
inwholeorinpartbyeitherpartywithoutthepriorwrittenconsentoftheotherparty.
GoverningLaw
ThisAgreementismadeinTexasandshallbeconstrued,interpreted,andgovernedbythelawsofsuch
state.ThepartiesconsenttothejurisdictionandvenueofthecourtsofHarrisCounty,Texas,forany
actionunderthisAgreement.
ThisAgreementrepresentstheentireAgreementbetweentheparties.TheAgreementmaynotbe
amended,changed,orsupplementedinanywayexceptbywrittenAgreementsignedbybothparties.
______________________________________________________________________
StephenBarr,DirectorofParks&RecreationDate
CityofLaPorte
______________________________________________________________________
MarleneRigby,OperationsManagerofParks&RecreationDate
IhavereadandagreetoabidebythetermsofthisAgreement.
______________________________________________________________________
RobinRollins,INDEPENDENTCONTRACTORDate
______________________________________________________________________
LetishaRollins,INDEPENDENTCONTRACTORDate
5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 12, 2012
:N.A.
Source of Funds
Julian Garza
Requested By:
Account Number:N.A.
Department: Planning
Amount Budgeted: N.A.
Report: _X__Resolution: __Ordinance: ___
Amount Requested: _N.A.
Exhibit:Drainage Report
Budgeted Item: YES NO
SUMMARY
At the request of the Drainage Committee, staff is providing an update of active projects for Council
review. The update to the drainage projects is attached asan exhibit.Staff will be present to answer any
questions that Council may have regarding the projects in the report.
_____________________________________________________________________________________________
Action Required by Council:
ReceiveDrainage Report.
_____________________________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Steve Gillett, InterimCity ManagerDate
CITY COUNCIL DRAINAGE REPORT
March12, 2012
Contract Design and Construction
Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont
Park West, Brookglen and Fairmont Park East.All work is complete. As-built
planscomplete,HCFCD inspection scheduled for March 14, 2012.
th
South 16Streets.Design in progress;plans at 95%, addressing agency
comments.
F101 Channel Improvements by HCFCD. Hydro excavation complete. Land
Dev Engineering preparing Preliminary Engineering Reportto be finalized by
January 2013.
In-House Design and Construction of City-Initiated Projects
F-216 Regional Detention Project.Construction issubstantially complete.
Battleview Area.Survey and design complete. Plans submitted for pipeline and
agency review.
East Main.Construction approximately 50% complete.
Adams Street.Letter of no objection from Exxon Mobile Pipelinereceived.
Construction underway.
Sunrise and Broadway.Installation of additional culverts by Public Works at
South Shady Lane and Baywood along Broadway in progress.
Battleground Estates and Shady River.Working with HC and HCFCD.
In-House Drainage Maintenance Activities
North Shady Lane.Working to secure easement to improve and clean existing
drainage swaleon South Shady Lane and making design modifications to North
Shady Lane.
In-Fill DrainageMaintenance.Public Works working ondrainage maintenance in
the Pine Bluff area.
Council Agenda Item
March 12, 2012
9. (b)Receive report on La Porte Development Corporation Board
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Council Agenda Item
March 12, 2012
10.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, Monday, March 12, 2012
(b)
City Council Meeting, Monday, March 12, 2012
(c)
ZoningBoard of Adjustment Meeting, Thursday, March 22, 2012
(d)
Fiscal Affairs Committee Meeting, Monday, March 26, 2012
(e)
City Council Meeting, Monday, March 26, 2012
(f)
Good Friday City Offices Closed, Friday, April6, 2012
(g)
City Council Budget Retreat, Saturday, April 14, 2012
11. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies–Councilmembers Clausen, Martin,
Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby.
12.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code.
13. RECONVENE
into regular session and consider action, if any, on items discussed in
executive session.
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Council Agenda Item
March 12, 2012
14.ADJOURN
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