HomeMy WebLinkAbout10-14-13 Regular Meeting of La Porte City Council
LOUIS R. RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Mayor Pro-Tem
MIKE MOSTEIT
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 6
Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held October14,
2013,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.
1. CALL TO ORDER
2. INVOCATION
– The invocation will be givenbyWindell Gill, First Baptist La Porte.
3. PLEDGE OF ALLEGIANCE
– The Pledge of Allegiancewill be led by CouncilmemberJay Martin.
4. PUBLIC COMMENTS
(Limited to five minutesper person.)
5. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests anitem be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the regular council meeting
held September 23, 2013 – P. Fogarty
(b)
Consider approval or other action regarding change in City Council meeting dates for the
months of November and December due to holiday schedule – C. Alexander/P. Fogarty
(c)
Consider approval or other action awarding Bid #13027 for fuels and lubricants – C.
Daeumer
(d)
Consider approval or other action awarding Bid#13030 for purchase of exterior fencing for
the Lomax ArenaComplex – S. Barr
(e)
Consider approval or other action regarding the purchase of radios for the La Porte Police
Department utilizing the discounted rate provided by Motorola through the Interlocal
Agreement with the City of Houston – K. Adcox
(f)
Consider approval or other action regarding an Ordinance authorizing conveyance of Lots
27 & 28, Block 89; Lots 25 & 26, Block 77; and Lots 17 & 18, Block 107, Town of La Porte
to the La Porte Chapter of Bay Area Habitat for Humanity – T. Tietjens
(g)
Consider approval or other action regarding rejection ofbids for the Main Street electrical
project – C.Alexander
(h)
Consider approval or other action authorizing the City Manager to execute an annual
contract for rehabilitation of sanitary sewers using sliplining, pipe bursting – D.Mick
(i)
Consider approval or other action regarding purchase of two replacement solid waste
trucks through H-GAC’s cooperative purchasing program – D. Mick
(j)
Consider approval or other action authorizing the City Manager to execute a purchase
agreement in the amount of $ 64,446.00 for the purchase and completion of Phase I of the
City of La Porte Emergency Vehicle Preemption System to be funded from Emergency
Services District Fund (034) – R. Nolen
(k)
Consider approval or other actionauthorizing the City Manager to execute a Memorandum
of Agreement with the Brookglen HOA for a community cooperation project (installation of a
playground shade structure and 3 picnic tables) for a total City contribution of $4,843 – T.
Leach
(l)
Consider approval or other action rescinding Resolution #2013-15 and approving a
Resolution to nominate Equistar Chemicals LP, a subsidiary of Lyondell Chemical
Company, as a double jumbo Texas Enterprise Project for the company’s investment and
activity related to its plant in La Porte – S. Livingston
6. AUTHORIZATIONS
(a)
Consider approval or other action regarding aResolution authorizing theConstable of
Harris County to hold a second public sale of property acquired through tax foreclosureto
wit: Lots 1, 2, 3, 4, 5, and 6 and the north 10 feet of Lot 7, Block 330, Town of La Porte – K.
Powell
(b)
Consider approval or other action regarding an Ordinance authorizing the first amendment
to the agreement with Harris County for the Northside Neighborhood IV Project allowing
th
additional financial assistance to eligible homebuyers for three homes located at 509 N. 7
thth
Street, 513 N. 7Street , and 222 N. 5Street – T. Tietjens
(c)
Consider approval or other action regarding an Ordinance authorizing the City Manager to
th
execute land sale contracts and closing documents for properties located at 509 N. 7
thth
Street, 513 N. 7Street, and 222 N. 5Street, as part of the City’s Northside
Neighborhood IV Project – T. Tietjens
7. REPORTS
(a)
Receive report of La Porte Development Corporation Board – Councilmember Engelken
(b)
Receive final report on retail and market study from Catalyst Commercial, Inc. –
S. Livingston
(c)
Receive Quarterly Report on Planning Audit – T. Tietjens
(d)
Receive Strategic Plan Update – T. Leach
8. ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Fiscal Affairs Committee Meeting, Monday, October 28, 2013
City Council Meeting, Monday, October 28, 2013
Zoning Board of Adjustment Meeting, Thursday, October 24, 2013
City Council Meeting, Monday, November 11, 2013
9. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies– CouncilmembersMartin, Moser, Kaminski, Zemanek,Leonard,
Engelken,Mosteit, Clausen, and Mayor Rigby.
10. 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.
11. RECONVENE
into regular session and consider action, if any, on item(s) discussed in executive
session.
12. 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 October 14, 2013,agenda of items to be considered by the City Council was posted on the
City Hall bulletin board on October 8, 2013.
Council Agenda Item
October 14, 2013
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Windell Gill, First Baptist
La Porte.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by
Councilmember Jay Martin.
4.PUBLIC COMMENTS
(Limited to five minutes per person.)
************************************************************************
Council Agenda Item
October 14, 2013
CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will
be enacted by one motion. There will be no separate discussion of these items unless a
Councilmember requests an item be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the regular council
meeting held September 23, 2013 – P. Fogarty
(b)
Consider approval or other action regarding change in City Council meeting
dates for the months of November and December due to holiday schedule – C.
Alexander/P. Fogarty
(c)
Consider approval or other action awarding Bid #13027 for fuels and lubricants –
C. Daeumer
(d)
Consider approval or other action awarding Bid #13030 for purchase of exterior
fencing for the Lomax Arena Complex – S. Barr
(e)
Consider approval or other action regarding the purchase of radios for the La
Porte Police Department utilizing the discounted rate provided by Motorola
through the Interlocal Agreement with the City of Houston – K. Adcox
(f)
Consider approval or other action regarding an Ordinance authorizing
conveyance of Lots 27 & 28, Block 89; Lots 25 & 26, Block 77; and Lots 17 & 18,
Block 107, Town of La Porte to the La Porte Chapter of Bay Area Habitat for
Humanity – T. Tietjens
(g)
Consider approval or other action regarding rejection of bids for the Main Street
electrical project – C.Alexander
(h)
Consider approval or other action authorizing the City Manager to execute an
annual contract for rehabilitation of sanitary sewers using sliplining, pipe bursting
– D. Mick
(i)
Consider approval or other action regarding purchase of two replacement solid
waste trucks through H-GAC’s cooperative purchasing program – D. Mick
(j)
Consider approval or other action authorizing the City Manager to execute a
purchase agreement in the amount of $ 64,446.00 for the purchase and
completion of Phase I of the City of La Porte Emergency Vehicle Preemption
System to be funded from Emergency Services District Fund (034) – R. Nolen
(k)
Consider approval or other actionauthorizing the City Manager to execute a
Memorandum of Agreement with the Brookglen HOA for a community
cooperation project (installation of a playground shade structure and 3 picnic
tables) for a total City contribution of $4,843 – T. Leach
(l)
Consider approval or other action rescinding Resolution #2013-15 and approving
aResolution to nominate Equistar Chemicals LP, asubsidiary of Lyondell
Chemical Company, as a double jumbo Texas Enterprise Project for the
company’s investment andactivity related to its plant in La Porte – S.
Livingston
***********************************************************************************
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
Mayor Pro Tem
MIKE MOSTEIT
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
SEPTEMBER 23,2013
Monday,September 23,2013,
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:
CouncilmembersEngelken, Leonard, Zemanek, Kaminski, Mosteit, Clausen, andMoser.Also
present were City Secretary Patrice Fogarty,City Manager Corby Alexander,andAssistant City
Attorney ClarkAskins.Councilmember Martin was absent.
2.INVOCATION
-The invocation was given byMar Michael, Congregation Benim Avraham.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led byCouncilmember Mike Clausen.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
There were no presentations, proclamations or recognitions.
5PUBLIC COMMENTS
.(Limited to five minutesper person.)
There were no public commentsat the time this item was reached. However, public comments
were taken out of order after the Consent Agenda, as follows:
Neil Moyer, 1124 N. County Club Dr., Shoreacres, addressed Council regarding tree cutting and
removal activity on McCabe Rd. and Hwy 146.
James Wheetly, 8526 Oakhaven, addressed Council and advised he is interested in the disposition
of the historic site at the former Dewalt School.
6.CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of regular City Council meeting
held September 9, 2013 –P. Fogarty
(b)
Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the alley in Block 76, Bay Front to La Porte Harris County, Texas; retaining a Public
Utility Easement and authorizing the execution and delivery of a deed to the adjoining
owner –T. Tietjens
(c)
Consider approval or other action regarding a Resolution of the Cityof La Porte approving
General Fund commitments of Fund Balance for Fiscal Year 2012-2013–M. Dolby
13
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September 23, 2013, Council Meeting Minutes
(d)
Consider approval or other action awarding Bid#13024for annual black base hot mix
asphalt –D. Mick
(e)
Consider approval or other action awarding Bid #13028for mobile diesel powered
generator –D. Mick
(f)
Consider approval or other action regarding a Resolution authorizing the City Manager to
sign a grant award and other documents for Speed and Intersection traffic control STEP
grant –K. Adcox
(g)
Consider approval or other action regarding a Resolution accepting the donation of the
former Dewalt schoolhouse from La Porte Independent School District to the City of
La Porte –C. Alexander
Regarding Item E, Councilmember Moser questioned how the generator can be installed on a
temporary basis. Public Works Director Dave Mickresponded the generator is set up with a switch
and plugfor the remodeled building at the school.Councilmember Clausen added there is a
transfer switch in the mechanical room for connection.
CouncilmemberEngelkenmoved to approve the Consent Agendapursuant to staff
MOTION PASSED.
recommendations.Councilmember Mosteitseconded.
Ayes: Mayor Rigby, Councilmembers Clausen,Engelken,Kaminski,
Zemanek, Mosteit, Leonard and Moser
Nays:None
Absent:Councilmember Martin
Ordinance2013-3496
Assistant City Attorney ClarkAskins read the caption of :
AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 76, BAY FRONT TO LA PORTE, HARRIS
COUNTY, TEXAS; RETAINING A PUBLIC UTILITY EASEMENT, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
7.AUTHORIZATIONS
(a)
Consider approval or other action to affirm the La Porte Development Corporation approval
of incentive grant request in an amount not to exceed $66,000 to Rob Johnson Interests –
S. Livingston
Economic Development Coordinator Scott LivingstonandMr.Rob Johnson presented a summary.
CouncilmemberLeonard moved to affirm the La Porte Development Corporation’sapproval of an
incentive grant request in an amount not to exceed $66,000 to Rob Johnson Interests.
MOTION PASSED.
Councilmember Engelkenseconded.
Ayes: Mayor Rigby,Councilmembers Clausen, Engelken, Kaminski,
Zemanek, Mosteit, Leonard and Moser
Nays:None
Absent:Councilmember Martin
8.REPORTS
(a)
Receive report of La Porte Development Corporation–Councilmember Engelken
Councilmember Engelken provided a report of the actions by the La Porte Development
Corporationwhich took place at a meeting held just prior to this council meeting.
23
Page of
September 23, 2013, Council Meeting Minutes
9.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
La Porte Development Corporation Board Meeting, Monday, September 23, 2013
City Council Meeting, Monday, September 23, 2013
Zoning Board of Adjustment Meeting, Thursday, September 26, 2013
Annual Health & Safety Fair, Saturday, September 28, 2013
National Night Out, Tuesday, October 1, 2013
City Manager Corby Alexander advised Council he will follow up with Mr. Moyer and Mr. Wheetley.
10.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,Mosteit,and Mayor Rigby.
CouncilmemberMoser commented on the Habitat dedication he attended and congratulated the
Kelly family; Councilmember Kaminski also commented onthe Habitat dedication, stating it was
very nice;Councilmember Zemanek asked who the City issuedacease and desist order to
regarding the clear cutting of trees. Assistant City Manager Leach responded she did not knowthe
name of the company, but would find out more information and provide it to council;
Councilmember Mosteit commentedtheLomax Arena is coming along nicely and sent his deepest
sympathy to the Applebe family;and Mayor Rigby thanked staff for scheduling a meeting to discuss
rd
the 3Street Drainage Project.
11.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.
Texas Government Code, Section 551.072
–Deliberation regarding purchase, exchange, lease or
value of real property: Meet with City Manager and City Attorney to discuss possible sale or lease of
city owned real property. (Old Kline Retreat)
City Council recessed the regular meeting to convene an executive session at 6:25 p.m. to discuss
the possible sale and/or lease ofCity-owned real property. (Old Kline Retreat)
12.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
The regular meeting was reconvened at 6:47p.m.
Regarding discussion of possible sale or lease of city owned real property. (Old Kline Retreat),
Council directed City Manager Corby Alexander to investigate all aspects of the transaction and
report back to Council at a later date.
13.ADJOURN
There being no further business, Councilmember Engelkenmoved to adjourn the meeting at
MOTION PASSED
6:48p.m. Councilmember Leonard seconded. .
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on September 23, 2013.
________________________________
Mayor Louis R. Rigby
33
Page of
September 23, 2013, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested October 14, 2013
C. Alexander/P. FogartySource of Funds:
Requested By
Account Number:
City Manager/City Secretary
Department:
Amount Budgeted:
Report: Resolution:Ordinance:
Amount Requested:
Budgeted Item:YESNO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
City Council has traditionally held one meeting per month during the months of November and
December. Staff recommendsthe following changes to the regular meetingsschedule to
accommodatetheupcoming holidays:
Conduct regular meeting on November 11, 2013
Cancel the November25, 2013,meeting due to the Thanksgiving holidays
Conduct regular meeting on December 9, 2013
Cancel the December 23, 2013,meeting due to the Christmasholidays
Should a need arise to conduct business, a special called meeting would be scheduled.
Action Required by Council:
Consider approval or other action ofamendedmeeting dates as follows:
Cancel the November 25, 2013,meeting due to the Thanksgiving holidays
Cancel the December 23, 2013,meeting due to the Christmasholidays
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14, 2013
Source of Funds:Inventory Acct
Requested By:Cherell Daeumer
Account Number:00161465159094
Department:Finance/Purchasing
Amount Budgeted:Inventory
Report: Resolution:Ordinance:
Amount Requested:$786,317
Exhibits:Bid Tabulation
Budgeted Item:YESNO
Exhibits: Price Comparison
Exhibits Houston OPIS Rack
SUMMARY & RECOMMENDATION
Due to contract issues with their supplier,Oil Patch; the City’s current contractor for fuel,will
notbe able tohonor the remainder of their contract,which was due to expire on December 14,
2013.This situation elevated the need to secure a new contractor for fuel.
Advertised, Sealed Bid # 13027-Fuels and Lubricants was opened and read on August 20, 2013.
Bid notices were sent to thirteen (13) vendors with six (6) returning bids.This bid was broken
out in three (3) Sections, Section 1-Fuel, Section 2-Lubricants and Section 3-Emergency
Services.
The price of fuel for both regular unleaded and diesel is calculated on the daily price listed on the
Oil Price Information Service Index (OPIS) report for Houston, Texas, specifically the low rack
price.Pricing wasrequested for plus, flat or minus OPIS per gallon, and any delivery fee.Fuel
is delivered to Public Works and to the Golf Course. Apache Oil submitted the overall lowest
price for Section1.Attached isa price comparison ofthe bidders using the September 19, 2013
OPIS,and also aprice difference from the last contract price and the proposed. Using estimated
quantities the annual cost for FY 2014, is estimated to be $786,317.In FY 2013$779,369 was
spenton fuel purchases.
Staff would like to re-evaluate Section 2-Lubricants of this bid and send out pricing at a later
date. The types of lubricants in section 2 no longer meet the city’s needs. Newer vehicles now
require a 5w20 synthetic oil that was not included in the bid.
The intent of Section 3-Emergency Services is tohave plan in place to obtain fuel in case of
catastrophic conditions. Staff is recommending awarding the primary contract for emergency
services to Apache andtoalsosecureasecondary contract withSun Coasttoensure the city will
not lose fuel supply during an emergency situation.SunCoast currently has the State of Texas
contract for emergency services that the Ccity would be able to utilize.
Staff recommendsawarding Section 1-Fueland Section 3 –Emergency Services to Apache Oil,
and awarding Sun Coast as secondary for Section 3. Both Section 1-Fuel and Section 3-
Emergency Services is for a period of two (2) years. This contract has anoption to renew for
one(1) additional two-year period.
Action Required by Council:
Consider approval or other action to award sealed bid #13027 Fuels and Lubricants, Section 1-
Fuelto Apache Oilfor an estimated amountof $786,317 and Section 3-Emergency Services,to
Apache Oil as primary and Sun Coast as secondaryto be used as needed.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14, 2013Appropriation
Requested By:Stephen L. BarrSource of Funds: Fund015
Department:Parks & RecreationAcct Number:015-9892-622-1100
Report: Resolution:Ordinance:Amount Budgeted: $65,000
Exhibits: Bid TabulationAmount Requested: $59,999
Exhibits: Bidder’s ListBudgeted Item: YES X NO
SUMMARY & RECOMMENDATION
Sealed Bid # 13030for Lomax Park Complex Exterior Fencing was sent to fifteenfence contractors
th
and bid housesonAugust 22, 2013.The bids were opened on September 10and seven bids were
Atix Access, LLC,
received. Low bidder meeting specifications was in the amount of $59,999.
Atix Access, LLC
Staff recommends award of the exterior fencing bid to in the amount of $59,999
as low bid meeting specifications for the project.The project is under budget for the project and the
company references have been positive.
Action Required by Council:
Consider approval or other action awardingBid#13030,Lomax Park Exterior Fencingprojectto
AtixAccess, LLC
in the amount of $59,999,as low bidder meeting specifications.
_____________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Corby D.Alexander,CityManagerDate
BIDDER’S LIST
Bid #13030
Lomax Arena Complex Fencing
D & C Fence CompanyGates and More
P.O. Box 476912446 Birdie Lane
Corpus Christi, TX 78469Houston, TX 77015
Alamo Fence CompanyThe Fence Company
16221 Aldine Westfield1505 Neptune
Houston, TX 77032Houston, TX 77602
Harrison Fence CompanyC&C Fence Corp
240 Crescent931 Crenshaw Rd
Pasadena, TxPasadena, TX 77504
Dow FenceJUST CONSTRUCTION(HUB)
1802 Preston4241 PURDUE ST
Pasadena, TX 77503Houston, TX 77005
Prime Vendor, Inc.Latham Fence
4622 Cedar Ave. Suite #124709 Bert Drive
Wilmington, NC 28403Arlington, TX 76012
Bid Ocean, IncU.S. Fence & Gate, Inc.
PO Box 404456612 HWY 10 West
Grand Junction, CO 81504Orange, TX 77632
AMTEKCDC News
4001 Sherwood4201 W Parmer LN Ste A200
Houston, TX 77092Austin, TX 78727
United Building
1901 Arizona Ave., Sut. 107
El Pasa, TX 79912
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:10-14-13
Source of Funds:Budget
Requested By:
Chief Ken Adcox
00152535218021
Account Number: 03252535218021
Department:
Police
529,000
Amount Budgeted: 13,000
Report: Resolution:Ordinance:
Amount Requested:541,497.93
Exhibits
:Vendor Quotation
Budgeted Item:YESNO
Exhibits:
Interlocal Agreement with City of Houston
Exhibits
SUMMARY & RECOMMENDATION
On May 13, 2013 the City of La Porte Police Departmentrequested Council approve an
Interlocal Agreement with the City of Houston for radio services via the City of Houston’s
trunked Smart Zone 700MHz system. The agreement allowedthe Police Department to pursue
further negotiations relating to the discounted purchase of required equipment, installations,and
recurring repair, maintenance, and programming fees.This system has interoperability with other
public safety agencies and addresses upcoming required changes that are being mandated by the
Federal Communications Commission.
By entering into the agreement with the City of Houston,the City isable to purchase all radios
and supplies at a thirty percent (30%) discounted rate under the agreement the City of Houston
has recently entered into with Motorola, who is offeringthe discounted pricing until October 31,
2013. Motorola has advisedthey must receive the order prior to the cut-off date to honor the
pricing.
Staff has worked with Motorola and obtained pricing radios for our Department. The total cost
for all portable and mobile radios for the Department is $541,497.93. The costs toequip the
three K9 units and DARE car will be purchased out of Federal Seizure Funds in the amount of
$12,152.00, and the balance will be paid out of operating budget funds in the amount of
$529,345.90.These funds were budgeted in the Police Departments FY 13/14 budget.
Action Required by Council:
Consider approval or other action ofthe purchase of radios for the Police Department utilizing the
discounted rate provided by Motorola through the Interlocal Agreement with the City of Houston.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14,2013
Source of Funds: General Fund
Requested By: TimTietjens
Account Number: 015-9892-611-8653
Department: Planning
Amount Budgeted:100,000
Report: XResolution:Ordinance:X
Amount Requested:$23,335.61
Exhibits:Ordinance
Budgeted Item:YES_X___ NO____
Exhibits: Deed
Exhibits: Area Map
Exhibits:
SUMMARY & RECOMMENDATION
Over the past several years, the City has assisted the La Porte Chapter of Bay Area Habitat for Humanity
by donating taxforeclosure properties or other properties owned by the City, for the purpose of providing
familiesmeeting specific income requirements the opportunity to fulfill the dream of homeownership.
The Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in
construction to achieve affordability and long term success of the recipients.
The Bay Area Habitat for Humanity has requested the City provide threeadditional building sites to
facilitate construction of threemore homes in the next program year in the north side of La Porte.
Delinquent taxes and penalties for the subject properties are being paid from the North Side Housing
Project in the amount of $23,335.61,clearing the way for conveyance.
If approved, there would be nofuture annual operating costs or liabilities associated with theactionand
the resulting development would generate additional tax base.
Action Required by Council:
Consider approval or other action of anordinance authorizing the Mayor to execute a Special Warranty
Deed for Lots 27 & 28, Block 89;Lots 25 & 26, Block 77; and Lots 17& 18, Block 107,Town of La
Porte to the La Porte Chapter of Bay Area Habitat for Humanity.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
PROPOSED BUILDING SITES
FOR BAY AREA HABITAT FOR HUMANITY
1 inch = 300 feet
T
N S
DISO
W MA
ST
TYLER
W
T
W ADAMS S
T
W POLK S
LEGEND
LOTS 25 & 26, BLOCK 77, LA PORTE
LOTS 27 & 28, BLOCK 89, LA PORTE
W
MA
IN S LOTS 17 & 18, BLOCK 107, LA PORTE
T
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 14, 2013
____N/A________
Source of Funds:
_Traci E. Leach______
Requested By:
Account Number:_______________
Department: _Administration____________
Amount Budgeted: ______________
Report: __Resolution: ____Ordinance: __
Amount Requested:
Exhibits:
Budgeted Item: YES NO
1.Bid Tabulation
2.Project Timeline
SUMMARY & RECOMMENDATION
In the FY 12-13 budget, the Council approved a project to upgrade the electrical system for
special events held on Main Streetin the amount of $145,000. Initially, this project was to
include a portable system that would allow for additional power to be available at multiple
locations throughout the City for various special events. Staff received input regarding the
design of the project and instead moved forward with a modified design that included permanent,
underground installation of additional poweralong Main Street and included uplighting for the
trees lining Main Street. Staff did anticipate that this change inscope may have an impact on
whether the project could be completed within budget. However, the magnitude of the bid
pricing received wascompletely unexpected.
The City engaged Shrader Engineering to design the project. The City opened bids on
September 17, 2013from 4 contractors. The low bid meeting specifications was submitted by
Complete Electrical Services in the amount of $651,261, which is significantly more than what is
currently available for construction.
Given the other priorities that are on the horizon for the Hotel Motel Fund, primarily the
restoration of the former DeWalt Schoolhouse, staff recommends rejecting the bidsfor the main
Street Electrical Project. Staff will continue to look at cost-effective alternatives to eliminate the
noisy generatorsfor the Christmas on Main Street event, such as renting the Whisper-Quiet
generators that produce less noise than the standard generators and perhaps layout changes.
___________________________________________________________________________
Action Required of Council:
Consider rejection or other action of bids for the Main Street electrical project.
Approved for CityCouncil Agenda:
_________________________________________________________
Corby D. Alexander, City ManagerDate
GEN648Main Street Electrical Project Timeline
July, 2012–Staff met with CenterPoint representative to gather input to initialize a conceptual
plan to meet the needs listed above.
September 2012–Using information obtained and recommendations made by CenterPoint, staff
developed a conceptual plan, utilizing new electrical service, distribution boxes, heavy electrical
cabling, spider boxes and portable lighting, to come up with a portable system that could meet
the future festival needs on Main Street. The system, as envisioned, could also be utilized at
other sites throughout the City to provide power for special events and concerts.
October, 2012–Bob Steadman of Complete Electric was engaged as a consultant to flesh out the
plan and provide specifications for the needed equipment, and monitor the installation of new,
and updates of existing electrical service for Main Street.
January, 2013–Bob Steadman presented design drawings and specifications for equipment to
implement the proposed plan.
January, 2013–Staff received additional input that it would be desirableto move toward a more
permanent installation of underground conduit utilizing boring and saw cuts of existing concrete,
in order to also install a permanent outlet at each of the trees along Main Street. The purpose is to
also provide up-lighting and holiday lighting at each tree as well as provide power for festival
vendors, portable lighting, and stage amplification. Bob Steadman indicated that the change in
direction was beyond his capability to provide the more complicated plans and specifications
required.
February, 2013–Staff prepared a new scope of work designed to capture the additional
components as outlined, and forward to Purchasing for developing a DESIGN/BUILD Request
for Proposal for the work.
March, 2013–Staff received the Draft Design/Build RFP from Purchasing andreviewed it
before providing to potential contractors.
April, 2013–The project changes as identified hereinwere presented at the City Council Budget
Retreatat Councilmember Moser’s request. Staff sought direction as to the acceptability of the
changes as outlined above. Staff received direction to proceed with the design-build RFP so as to
obtain firm budget numbers for Council consideration.
May, 2013–RFP sent out to prospective contractors
June, 2013–RFP received no responses.
July, 2013–Since no proposals for design-build were received, the City retainedShrader
Engineering, Inc. to do a fast track designof the project.
August, 2013–Shrader Design Bid Package sent out to prospective bidders for consideration.
September, 2013–Bids were receivedand reviewed.Submitted to Council with a
recommendation to reject.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14, 2013
Source of Funds: Sewer Rehabilitation
Requested By:David Mick
Account Number: 018-9881-669-1100
Department:Public Works
Amount Budgeted$ 350,000
Report:Resolution:Ordinance
Amount Requested: $ 182,350
Exhibits:Bid Tabulation/Bidders List
Budgeted Item:yes
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Sealed bids for Bid # 13031were received and opened on September17, 2013 for the annual
contractRehabilitation of Sanitary Sewer using Sliplining, Pipe Bursting. The base project
consists of sliplining and rehabilitation of sanitary sewers in Brookglen and Fairmont West
subdivisions. Additional sanitary sewersections along South Broadway between McCabe and
Fairfieldare identified.Bid packets were received by twenty two (22) bidders with five (5)
returning bids.
This contract is a component of the City of La Porte’s Sanitary Sewer Rehabilitation Program. It
will be used to supplement the in-house activities of City forces. This contract will also aid in
compliance with the Sanitary Sewer Overflow Initiative agreement between the City of La Porte
and the Texas Commission on Environmental Quality (TCEQ).
Overall low bid meeting specifications was submitted by North Houston Pole Line for a base bid
amount of one hundred sixty six thousand three hundredfiftydollars ($ 166,350).An alternate
bid was included to compare the cost of slip-lining 6” and 8” pipe ($117,000, total Base Bid
Items #2, 3) to pipe bursting ($159,500, Alternate Bid). The base bid method is preferreddue to
lower cost.Staff recommends award of bid for Rehabilitation of Sanitary Sewer using
Sliplining, Pipe Bursting to North Houston Pole Line. Additionally a contingency in the amount
of $16,000.00 is requested.
Action Required by Council:
Authorize the City Manager to executean annual contract Rehabilitation
of Sanitary Sewer using Sliplining, Pipe Bursting to North Houston Pole line, low bidder meeting
specifications, In the amount of $166,350.00,and authorize an additional $16,000.00 for contingency.
Total authorization including contingency is $182,350.00.
Approved for City Council Agenda
Corby Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 14, 2013
Source of Funds:Motor Pool
Requested By:David Mick
Account Number:009-7072-532-8050
Department:Public Works
Amount Budgeted:$350,000
Report: Resolution:Ordinance:
Amount Requested:$316,584
Exhibits: H-GAC Quote #HT11-12 Freightliner Chassis
Budgeted Item:Yes
Exhibits: H-GAC Quote # RH08-12 Heil Rear Loader Body
Purchasing Memo
Exhibits
SUMMARY & RECOMMENDATION
Units 72-15 and 72-38, 2004 Sterling and 2002 Freightliner chassis’with rear loader refuse
bodies arescheduled for complete replacement. Separate quotes for the two (2) Chassis and two
(2) Rear Loader bodies were provided by H-GAC through the cooperative purchasing program
and verified by City of La Porte Purchasing Division staff.
Quote(#HT11-12) was received from H-GACfor two (2)Freightliner diesel-powered chassis.
The quote totals$187,946.00 including the administrative fee fromH-GAC.
Quote (#RH08-12)was received from H-GAC for two (2) Heil 25 yard Rear Loader Refuse
Bodies mounted to the Sterling Chassis. The quote totals $ 128,638.00 including the
administrative fee from H-GAC.
Two Freightliner Chassis $ 187,946.00
Two Heil Rear Loader Refuse bodies mounted$128,638.00
Total$ 316,584.00
Action Required by Council:
Consider approval or other action ofapurchase of two (2) Freightliner Chassis and two (2) Heil
Rear Loader Refuse bodiesthrough H-GAC’s cooperative purchasing program in the amount of
$ 316,584.00.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Mike,
I have verified the pricing and the contracts for the 2014 Freightliner and rear loader on the H-GAC
website. The city is a member of H-GAC and can utilize their cooperative purchasing contracts. H-GAC
has already bid these items out therefore the pricing is competitive and complies with all local and state
purchasing laws.
Let me know if you have any questions.
Cherell Daeumer, CPPB
Purchasing Manager
City of La Porte
604 W Fairmont Pkwy
La Porte, TX 77571
281-470-5123-Direct
daeumerc@laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14, 2013
Source of Funds:Emergency Services
District Fund–(034)
Requested By: Ray Nolen, EMS Chief
Account Number:034-5059-522-8021
Department:EMS
Amount Budgeted:$67,000.00
Report: Resolution:Ordinance:
Amount Requested:$64,445.25
Exhibits:HGAC Buy Board Quote –GTT GPS Opticom
Budgeted Item:YES
Exhibits: Phase I-Opticom GPS Project Plan
SUMMARY & RECOMMENDATION
EMS requested funding during the FY2012-13 budget period to implement an Emergency Vehicle
Preemption system. Emergency Vehicle Preemption (EVP) is a system where a signal is transmitted from
an emergency response vehicle to a receiving device in the traffic signal operating system that phases the
light to green for the emergency vehicle. Risk mitigation and response times are critical in the emergency
response of public safety personnel. Studies have shown that EVP/GPS systems help reduce intersection
crash rates and improve response times significantly.
Funding was subsequently approved during the budget process at a total of $67,000 to begin Phase I of
the project which will have to be completed in phases.Phase I includedinstallation of EVP/GPS
transmitters in four (4) EMS emergency response vehicles and seven (7) traffic signals along the Spencer
corridor from State Highway 146 to Canada Road.
Funding in the amount of $67,000.00 was requested to be carried over to the FY2013-14 budget due to
delays in getting the required inter-local agreement negotiated with Harris County (the ILA with TXDOT
has already been secured) that will enable the City of La Porte to access their traffic control devices for
EVP/GPS installation. The inter-local agreement was recently approved by the Harris County
Commissioners Court on September 24 allowing the project to move forward to the next step which is to
secure City Council approval with the HGAC pricing of $64,445.25 to complete Phase I of the City of La
Porte –Emergency Vehicle Preemption System project.
Action Required by Council:
Consider approval or other action for the City Manager to execute a purchase agreement in the amount of
$64,445.25for the purchase and completion of Phase I of the City of La Porte –Emergency Vehicle
Preemption System to be funded from Emergency Services District Fund (034).
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Phase - I
City of La Porte, TX
Project Plan
GTT Opticom GPS for TXDOT & Harris County signalized
intersections
Dec 11, 2012
Table of Contents:
I.Introduction
II.Project Description
III.List of Intersections
IV.Map of Intersections
V.Vehicle Descriptions
VI.Technical Functionality
VII.Area Municipalities
I. Introduction
TXDOT & Harris Countyrequires that use of Emergency Vehicle Preemption (EVP) at
intersections provide a minimum amount of disruption to signal timing as possible. City of La
Porte will install GTT Opticom GPS technology at the TXDOT & Harris County controlled
intersections into its EVP program which will meet the requirements of TXDOT & Harris County
.
II. Project Description and Phases of implementation
City of La Porte will purchase, install and manage GTT’s Opticom GPS for EVP purposes at TXDOT &
Harris County managed signalized intersections. The system is to be utilized by City of La Porte.
Phase I – Installation of EVP Hardware at seven (7) intersections and in four (4) EMS vehicles
Phase II – Installation of CMS for centralized reporting to Houston Tran Star
City of La Porte will phase in more intersections and more emergency vehicles throughout subsequent
fiscal years until a satisfactory level of both is attained.
III. Intersections to be installed with EVP are as follows:
1.Spencer @ Bay Area Blvd.– Harris County
2.Spencer @ Underwood–Harris County
3.Spencer @ SH 146 – TXDOT
4.Spencer @ Driftwood – TXDOT
5.Spencer @ Farrington – TXDOT
6.Spencer @ Myrtle Creek - TXDOT
7.Spencer @ Canada - TXDOT
IV. Locations Map
V. Vehicle Descriptions
Total of (4) vehicles of City of La Porte will be equipped with EVP technology.
1.EMS - Type I Ambulance (M.I.C.U.) – Unit # 1183
2.EMS - Type I Ambulance (M.I.C.U.) – Unit # 1184
3.EMS - Type I Ambulance (M.I.C.U.) – Unit # 1186
4.EMS – SUV Response Vehicle ( Supervisor) Unit # 1180
VI. Opticom GPS Technical Functionality and interoperability with Harris County Siemens Controllers
and Houston Tran Star
Controller Integration Concept
The Opticom™ M764 Phase Selector will provide a new capability to emulate a video loop detector and
report preemption inputs to the Siemens controller over Ethernet using the Siemens BVD Protocol for
C800 and C900 Controllers.
The M764 can be configured as 4 different video detectors. Each detector is associated with one of the
phase selector channels (A,B,C,D). Each detector can be configured for 8 virtual outputs. Each output
can be configured either as a preemption (high priority) or priority (transit or low priority) output. The
virtual loop associated with the output can be configured to trip based upon an ETA to the intersection,
a fixed distance from the intersection, or both. The phase selector monitors and reports virtual loop
activity every second to the controller.
The loop will activate when a vehicle of the appropriate priority travels on the approach toward the
intersection and either of the conditions, ETA or distance, is met. Once an loop is tripped it remains
latched until the call is cleared. A check out point is associated with the end of the normal GPS approach
map, normally the stop bar. When the vehicle reaches this point then all of the preemption or priority
outputs associated with this vehicle are cleared.
The diagram below shows a representation of 3 virtual loops and the check out loop superimposed on
top of a GPS approach map.
Intersection
Radio
SiemensM764Phase
ControllerSelector
Ethernet
Long
ShortMedium
Check Out
Arrival
Intersection
ArrivalArrival
GPS Approach Map
Time
TimeTime
The following is a simple block diagram of the proposed system.
2.4GHz
M1020M1010
VehicleRadio
ModuleUnit
Ethernet
M764
PhaseSiemens Controller
Selector
The M1020 vehicle unit broadcasts its identity, GPS location, heading and speed three times every
second to the M1010 radio unit at the intersection. The list of detected vehicles is transferred to the
M764 phase selector for evaluation. Using pre-programmed criteria, the phase selector determines the
approach channel and distance to the intersection. Using the reported vehicle speed, the ETA to the
intersection is then calculated.
Again using pre-programmed criteria, the proximity is evaluated using both the distance and the ETA
against a list of thresholds for the approach on which the vehicle is travelling. The vehicle priority level
(high for EVP and low for TSP) is used to identify the appropriate threshold. If the vehicle has reached
one of these thresholds then a detector input is reported to the controller.
Centralized Authentication, Data Collection and Reporting
GTTs Central Management Software (CMS) in its current configuration communicates with the phase
selector at the intersection to monitor preemption status, provide remote access for operational
maintenance and provisioning and extraction of call records from the phase selector’s activity log. The
current method of monitoring is via polling of the phase selectors for status. Both batch processing via
scheduled jobs and live access via a graphical user interface are available in the product.
Authentication is currently accomplished in the system via means of security coding that uses the
agency, class and ID of the vehicle unit as a key to access preemption and priority services at the
intersection. Coding is available as static lists of code ranges that allow up to 5000 code ranges to be
specified and via scheduled time plans that allow smaller sets of ranges to be specified for access during
specific times during the day. Up to 100 additional code ranges may be specified using this method.
The preferred medium for communication is via a TCP/IP network. CMS uses an efficient proprietary
communications protocol to communicate with the phase selectors. City of La Porte EMS will install a
communications network for intersection to intersection connectivity for CMS usage and reporting for
Houston Tran Star.
Reporting capability is supported in the product. Standard reports for commonly requested information
are pre-configured in the product. Custom reporting capability is also available.
VII. Area Municipalities
The following area municipalities currently have emergency vehicle preemption (EVP) systems in place:
Deer Park
Baytown
Pasadena
Webster
League City
Pearland
Texas City
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14, 2013
Source of Funds:
Requested By:Traci E. Leach
Account Number:
Department:Administration
Amount Budgeted:$67,000.00
Report: XResolution: Ordinance:
Amount Requested:$64,445.25
Exhibits:
Budgeted Item:YES
Exhibits:
SUMMARY & RECOMMENDATION
As part of the FY 2014 budget, the Council approved funding for Community Coop projects,
where theCity would partner with HOAs and other neighborhood groups to complete small
beautification and quality of life projects. A total of $20,000 was budgeted with a maximum
City contribution per project of $5,000. All projects would be considered on a firstcome, first
served basis.
The Brookglen HOA was the first to approach the City regarding a project and their project
request is as follows:
Installation of a shade structure over the playground equipment at Brookglen Park.
Addition of threepicnic tables
The cost estimate for the shade structure is $11,950 and the picnic tables are estimated to cost
$2,893 for a total project cost of $14,843.
Brookglen HOA has committed to fund $10,000. The City will contribute $4,843.
As this would be an addition to aCity-owned and maintained facility, the on-going maintenance
responsibility would lie with the City. Staff estimates that the life of the fabric cover is
approximately 10 years and replacement (in today’s dollars) is approximately $3,000.
Staff recommends approval of this project.
Action Required by Council:
Consider approval or other action authorizing the City Manager to execute a Memorandum of
Agreement with the Brookglen HOA for a community cooperation project (installation of a
playground shade structure and 3 picnic tables) for a total City contribution of $4,843.
Approved for City Council Agenda
Corby D. Alexander,City Manager Date
REQUEST FOR THE CITY COUNCILAGENDA ITEM
Budget
Agenda Date Requested:14October2013
Source of Funds:
Requested By:Scott D. Livingston
Account Number:
Department: Administration/Economic Development
Amount Budgeted:
Report: Resolution:Ordinance:
Amount Requested:
Exhibits:Draft Resolution
Budgeted Item:YESNO
Exhibits: Previous Resolution #2013-15
Exhibits
SUMMARY & RECOMMENDATION
Equistar Chemicals, LP (Equistar), a subsidiary of Lyondell Chemical Company, is requesting
that the City Council nominate the company as a doublejumbo Texas Enterprise Project (EP) for
the company’s investment and activity related to its plant in La Porte. The Texas EZ program
does not allow Equistar plans to expand its La Porte plant located at 1515 Miller Cut-Off by de-
bottlenecking the ethane cracker. Twonew cracking furnaces will be added to supply the de-
bottlenecked facility with increased volumes of cracked gas. The project objective is to produce
850 million lbs/year of incremental ethylene from ethane.
The previous resolution passed by the council on August 26, 2013 nominatingEquistar as a triple
jumbo EP needs to be replaced.In order to be eligible for a triple jumbo EP a company must
create or retain at least 500 jobs. This was never the case for Equistar. However, the company’s
consultantmisinterpreted the program guidelines. So, the nomination should have beenfor a
double jumbo, not a triple jumbo EP.
The Texas Enterprise Zone (EZ) programis a state incentive program that offers a state sales/use
tax refund to companies that retain and/or create jobs and make capital investment at a qualified
business site(no City taxes are forfeited by the City). Applicants must be nominated by the local
jurisdiction, make application to the Governor’s Office for EZ Project (EP) designation and
make annual refund applications to the Texas Comptroller. Council has previouslyestablished
an EZ ordinance (#2010-3248), as well as nominated companies such as INEOS as an EP.
Having established the EZ ordinance, Council is now allowed to nominate subsequent EPs
simply by passing a resolution (see attached).
If nominated by the City and approved by the state as a doublejumbo EP, and in exchange for
making capital investment of at least $250 million and retaining and/or creating jobs, Equistar is
state
eligible for sales/use tax refunds of $5,000 per retained job. Equistar will make application
to the Texas Comptroller each year to receive this annual refundfor five (5) years. Companies
approved as EPs must also annually certify to the Texas Comptroller the number of jobs it has
retained and/or created. The company has estimated it will spend up to $350 million for the
project, retain approximately 374 current jobs, and add approximately 32 new jobs.The project
rd
is anticipated to start in the 3quarter of 2013 and should be completed by the third or fourth
quarter of 2014.
The capital investment will result in a significant increase in olefin production capacity at the
plant and will help ensure long-term success for the company by helping it take advantage of the
increased demand for various ethane derivatives in the marketplace such as ethylene and olefins.
The City will benefit from the significant increase in property tax revenue resulting from
increased property improvements, as well as increased sales tax revenue from local purchases
during and after construction. The City will also benefit by helping to ensure 400+, high-paying,
full-time positions will be maintained at the plant throughout the EZ program period (5-8 years).
Staff recommends rescinding Resolution #2013-15and approving the attached resolution to
nominate Equistar Chemicals, LP as adoublejumboTexas Enterprise Project.
Action Required by Council:
Consider approval or other action rescindingResolution #2013-15and approvingthe attached
resolution to nominateEquistar Chemicals LP, a subsidiary of Lyondell Chemical Company, as a
doublejumbo Texas Enterprise Projectfor the company’s investment and activityrelated to its
plant in La Porte.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
RN.
ESOLUTIONO
OrdinanceNo.2010-3248
WHEREAS,theCityofLaPorte, Texas(City)haspreviouslypassedelecting
toparticipateintheTexas EnterpriseZoneProgram,andthelocalincentivesofferedunderthisresolution
OrdinanceNo. 2010-3248
arethesameonthisdateaswereoutlinedin;
WHEREAS,theOfficeoftheGovernorEconomicDevelopmentandTourism(EDC)throughthe
EconomicDevelopmentBank (Bank)willconsiderEquistarChemicals,LPasanenterpriseproject
pursuantto anominationandan applicationmadebytheCity;
WHEREAS,theCitydesirestopursuethecreationofthepropereconomicandsocialenvironmentin
ordertoinducethe investmentofprivateresourcesinproductivebusinessenterpriseslocated intheCity
andtoprovideemploymenttoresidentsofenterprisezonesandtoothereconomically disadvantaged
individuals;
WHEREAS, pursuant toChapter2303,Subchapter Fof the TexasEnterpriseZone Act,Texas
GovernmentCode(the "Act"),EquistarChemicals,LPhasapplied tothe Cityfordesignationasan
enterpriseproject;
WHEREAS,theCityfindsthatEquistarChemicals,LPmeetsthe criteriafordesignation asa double
jumbo enterpriseprojectunderChapter2303, SubchapterFoftheActon thefollowinggrounds:
1.EquistarChemicals,LPisa"qualifiedbusiness"underSection2303.402oftheActsinceit
willbeengagedintheactiveconductofatradeorbusinessataqualifiedbusiness sitenot located
inanenterprisezoneandatleastthirty-fivepercent(35.0%)ofthebusiness'newemployeeswill
beresidentsofan enterprisezoneoreconomicallydisadvantaged individuals;and
2.There has been and willcontinue to be a highlevelof cooperation between public, private, and
neighborhood entitieswithinthearea;and
3.ThedesignationofEquistarChemicals,LPasanenterpriseprojectwillcontributesignificantly
totheachievementoftheplansoftheCityfordevelopmentand revitalizationofthearea.
WHEREAS, the Cityfinds that EquistarChemicals,LPmeetsthe criteriafor tax reliefand other
incentivesadoptedby theCity andnominatesEquistarChemicals,LPfordoublejumboenterpriseproject
statusonthegroundsthatitwillbelocatedatthequalifiedbusinesssite,willcreateahigherlevelof
employment, economicactivityand stability;and
WHEREAS,theCityfindsthatitisinthebestinterestoftheCitytonominateEquistarChemicals,LPas
adoublejumbo enterpriseprojectpursuanttotheAct;
NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFLAPORTE:
ThatthefindingsoftheCity and itsactionsapprovingthisresolutiontaken atthecouncilmeeting are
herebyapproved andadopted.
BEITFURTHERRESOLVEDthatEquistarChemicals,LPisa"qualifiedbusiness",asdefinedin
Section 2303.402oftheAct,andmeetsthecriteriafordesignationasanenterpriseproject, as setforthin
Section 2303, SubchapterFoftheAct.
BEITFURTHERRESOLVEDthattheenterpriseprojectshalltakeeffectonthedateofdesignationof
theenterpriseprojectbytheagencyand terminateonSeptember3,2018.
PASSEDBYTHECITYCOUNCIL oftheCityofLaPorte,Texasthisdayof , 2013.
(SEAL)
LouisR.Rigby
Mayor
THESTATEOFTEXAS
COUNTYOFHARRIS
I,,oftheCityofLaPorte,Texas
dohereby certifythat theaboveandforegoing isatrue and correct copy of ResolutionNumber
passed bytheCityofLaPorteCityCouncilonthethisdayof,2013.
(CitySeal)
PatriceFogarty
CityClerk
THESTATEOFTEXAS
COUNTYOFHARRIS
BEFOREME,theundersigned authority, on thisdaypersonallyappeared
oftheCityofLaPorte,Texas,knowntometobethepersonwhosenameis
subscribedtotheforegoinginstrument,andacknowledgedtomethathe/sheexecutedthesameforthe
purposesand considerationthereinexpressed.
GIVENundermyhand andsealofofficethisdayof , 2013
NotaryPublic, StateofTexas
Mycommission expires:
(NotarySeal)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:October 14, 2013_ __Appropriation
:Kathy Powell _ ______Source of Funds: ____________
Requested By
Finance_________________________Account Number:____
Department:
__Resolution: _X__Ordinance: ___ _Amount Budgeted: ____________
Report:
Exhibits: _Resolution___________________Amount Requested: __________________
Exhibits: __Summary of ForeclosureBudgeted Item: (YES)NO
Exhibits: __Map_& Appraisal ___________
SUMMARY & RECOMMENDATION
Property that is sold orstruck off to a taxing unit, whichis party to the judgment, the taxing unit may sell the
property at any time by public or private sale. The City of La Porte has had these properties on our public resale list
for more than an adequate amount of time and there has been no interest in purchasing the property at the minimum
bid amount set bythe judgment; at this time we are asking the city council to pass a resolution to lower the
minimum bidto $60,000 dollars based on appraisal by Choke& Associates, Inc.($3.00 sq ft for 20,000 sq ft). We
can requesta second public sale by the constable’soffice and hopefully get an interested party topurchase these
properties.
In accordance with Section 34.05 (c)of the Texas Property Tax Code, the taxing unit purchasing the property by
resolution of its governing body may request the sheriff or a constable to sell the property at a public sale. If the
purchasing taxing unit has not sold the property within six months after the date on which the owner’s right of
redemption terminates(these properties have past the redemption period), any taxing unit that is entitled to receive
proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the
property at a public sale. On receipt of a request made under this subsection, the sheriff or constable shall sell the
property at a public sale as provided by Subsection (d), which sets the limits for a second sale.
The following describes the properties:
P252(A)–Lots 1,2, 3, 4, 5, 6&N10ft of 7Block 330Town of La Porte
Action Required by Council:
Consider approval of the Resolution authorizing the constable’s office to hold a second public sale on the properties
listed above.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
July 3, 2013
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Restricted Use appraisal regarding the Market Value of +-30,000 square
foot tract of land and improvements located on the SE corner of Barbour’s
Cut Blvd and 4 Street, Town of La Porte, Harris County, Texas.
th
Dear Sirs:
We have inspected the following described property by way of a limited physical
inspection for the purpose of estimating its current Market Value as of the date of
this appraisal in fee simple title.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as Lots 1 thru 9 and the north 15 feet of Lot 10, Block 330, Town of La
Porte, Harris County, Texas. See site plan in addenda. Survey and legal not
available.
At our client's request, the results of our investigation and analyses are being
presented via a Restricted Appraisal Report Format as permitted by Standard 2-
2c. A file memorandum is maintained in our office for review. The subject
property was inspected on June 25, 2013 via a limited inspection. We did not
physically inspect the interior of the warehouse facility per agreement with the
client. The scope of this report included an inspection of the property and
researching and analyzing the comparable data.
I hereby certify that I have inspected the property described, by way of a
"LIMITED PHYSICAL INSPECTION" and that all data gathered by my
investigation is from sources believed reliable and true.
...Page 2....
According to Standards Rule 2-2(c) a Restricted Appraisal Report should have
these minimum requirements:
Describe the extent of the process, collecting, confirming and reporting
data.
State all assumptions and limiting conditions that effect the analyses,
opinions and conclusions.
State the appraisal procedures followed, state the value conclusion and
reference the existence of specific file information in support of the
conclusion.
State the appraiser's opinion of highest and best use of the real estate,
when such an opinion is necessary and appropriate.
State the exclusion of any of the usual valuation approaches.
Contain a prominent use restriction that limits reliance on the report to
the client and warns that the report cannot be understood properly
without additional information in the workfile of the appraiser, and clearly
identify and explain permitted departures from the specific guidelines of
Standard 1.
Include a signed certification in accordance with Standards Rule 2-3.
Scope of Report. Per agreement with the client, the scope of this report was
limited to a Restricted Use appraisal format. The methodology of the analysis
included the Direct Sales Approach snd the Income Approach. The Replacement
Cost Approach to value was not used in this report. The appraiser obtained and
reviewed the current comparable sales and rents and compared the data to the
subject property, making adjustments for any differences where applicable. In
terms of data collection, the appraiser reviewed office data files, commercial sales
data, and Central Appraisal District data, as well as having conversations with
knowledgeable brokers in the local market area. It should clearly be understood
that this restricted letter appraisal only constitutes a "summary" statement of the
market value and that it does not presume to be the complete analysis of the
subject property nor the complete appraisal and it may not be properly
understood without all of the file data located in the appraiser's office.
Highest & Best Use. The Highest & Best Use ("As If Vacant”) of the subject
property is considered to be for commercial or light industrial use. The Highest
& Best Use ("As Improved”) of the subject property is considered to be for a
warehouse facility and excess land.
…Page 3….
Interest Appraised. Fee Simple Estate
Subject Data: Per the HCAD data, the subject site contains a total of 0.689
acres or 30,000 square feet of land area. The site is rectangular in shape with
frontage along the south line of Barbour’s Cut Blvd and on the north line of 4
th
Street per the HCAD facet maps. The site is reported to have general access
public utilities. The site appears to be generally flat and level and is assumed not
have any adverse site or environmental conditions. The subject property is
currently located in the 100 year flood plan. See flood map in the addenda. The
site is currently improved a +-4,875 square foot (per HCAD) metallic warehouse.
We did not inspect the interior of the improvements however based on our
exterior inspection, the improvements appear to be in only fair condition. The
interior appears to be only a shell based on our inspection from the exterior.
Effective Date of Report: July 3, 2013
Effective Date of Appraisal: June 28, 2013
Date of Inspection: July 28, 2013
Market Data: The subject neighborhood was researched for comparable land
sales which could be used in comparison with the subject property. Unit values for
generally comparable tracts appear to range from $2.00 PSF to over $5.00 PSF
depending on various factors such as location, lot size/shape, etc. After a review of
the comparable land sales the estimated unit value range of between $2.50 to
$4.00PSF with a mid-range value of $3.00 PSF being indicated for the land.
The overall land value can be estimated as follows:
Land Value- 0.689 Acres/30,000 Sq.Ft. X $3.05 PSF = $60,000
The contributory value of the warehouse improvement is estimated to be
$40,000 to $45,000. Therefore the total value for the subject property is
estimated to be between $100,000 to $105,000.
Intended Purposes/User: This report is not intended to be a self-contained
or a complete appraisal report and cannot be property understood without the
file data located in the appraiser's office. Further it is NOT intended to be used
for estimating collateral worth for loan underwriting by federally insured
financial institutions. This appraisal is intended to be used only by the addressee
/client for internal uses only. The client and intended user is the
City of La Porte
Any other use or reliance of this report by a third party is strictly prohibited
only.
unless otherwise specified.
Estimated Exposure Time.The estimated exposure time is up to 24 months.
…Page 4….
Property History. The subject property is not reported to be under contract
or listed for sale. No other sale of the subject property has taken place over the
past 36 months per CAD data.
Conclusion. In my opinion, the estimated "Market Value" of the property
described above is between $100,000 to $105,000.
Respectfully Submitted,
___
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES, INC.
MARKET VALUE DEFINED
According to the definition contained in the Glossary of USPAP,“Market Value”
is defined as "The most probable price in terms of money which a property should
bring in a competitive and open market under all conditions requisite to a fair sale,
the buyer and seller, each acting prudently, knowledgeably and assuming the price is
not affected by undue stimulus." Implicit in this definition is the consummation of a
sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
Buyer and Seller are typically motivated.
Both parties are well informed or well advised and each acting in what they
consider their own best interest.
A reasonable amount of time is allowed for exposure in the open market.
Payment is made in cash in U.S. dollars or in terms of financial arrangements
comparable thereto;
The price represents the normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone
associated with the sale.
APPRAISER’S CERTIFICATION
We certify that, to the best of our knowledge and belief:
That the statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, impartial, and
unbiased professional analyses, opinions, and conclusions.
We have no present or prospective interest in the property that is the subject of
this report, and we have no personal interest with respect to the parties involved.
We have no bias with respect to the property that is the subject of this report or
the parties involved with this assignment.
Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
Our compensation for completing this assignment was not contingent upon the
development or reporting of a predetermined value or direction in value that
favors the cause of the client, the amount of the value opinion, the attainment of a
stipulated result or the occurrence of a subsequent event directly related to the
intended use of this appraisal.
The reported analyses, opinions and conclusions were developed and this report
has been prepared, in conformity with the requirements of Uniform Standards of
Professional Practice ("USPAP").
No other persons provided significant real property appraisal
assistance to the persons signing this certification.
Chris Chuoke has made a personal inspection of the property that is the subject of
this report.
We have not previously appraised the subject property in the prior 36 months
from the date of this appraisal report.
___
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES, INC.
CONTINGENT AND LIMITING CONDITIONS
1) The legal description furnished is correct.
2) The title to the property is good and marketable.
3) No responsibility for legal matters is assumed.
4) It is assumed that the property is free and clear of indebtedness of all taxes
and assessments that have been paid.
5) Possession of this report does not carry with it the right of public nor may
it, or any part thereof, be used by anyone but the applicant without the
previous written consent of the appraiser.
6) Sketches and maps included in this report are to assist the reader to
visualize the property, and responsibility is not assumed as to their
accuracy as I have made no survey of the property.
7) No part of this appraisal shall be used in conjunction with any other
appraisal, and all opinions expressed herein are invalid if so used.
8) We believe the information in this report to be reliable if furnished by
others, but we assume no responsibility for its accuracy.
9) We are not required to give testimony or to appear in court by reason of
this appraisal, with reference to the property in question, unless
arrangements have been made previously.
10) Upon inspection of the subject property, no evidence of hazardous wastes
was noted and, if hazardous wastes are found on the property, it may affect
the value of the site. This appraisal has been made under the assumption
that the subject property does not have potentially hazardous waste
deposits.
11) Any lease, agreements or other written or verbal representations and/or
communications and information received by the appraiser(s) have been
reasonably relied upon in good faith but have not been analyzed for their
legal implications. We urge and caution the user of this report to obtain
legal counsel of his/her own choice to review the legal and factual matters,
and to verify and analyze the underlying facts and merits of any
investment decision in a reasonably prudent manner.
12) No soil or subsoil data or analysis based on engineering core borings or
other tests were furnished to us. We have assumed that there are no
subsoil defects present that would impair development of the land to its
maximum permitted use or would render it more or less valuable. No
responsibility is assumed for engineering which might be required to
discover such factors.
13) The projections of income, expenses, terminal values or future sales prices
are not predictions of the future, rather, they are the best estimate of
current market thinking of what the future trends will be. No warranty or
representations is made that these projections will materialize. The real
estate market is constantly changing. It is not the task of the appraiser to
estimate the conditions of a future real estate market, but rather to reflect
what the investment community envisions for the future, and upon what
assumptions the future investment decisions are based.
14) The Americans with Disabilities Act (ADA) became effective January 26,
1992. We have NOT made a specific compliance survey and analysis of
this property to determine whether or not it is in conformity with the ADA.
It is possible that a detailed survey of the subject property would reveal
that the subject property is not in compliance with the ADA.
Special Report Conditions, Appraiser’s Liability & Limitations and
Client Agreements.
The acceptance of this report and is use by the Client in any manner whatsoever
or for any purpose is acknowledgement by the client that the designated
recipient, participant or assignee has personally read the report and specifically
agrees that the data herein is accurate to the best of the appraiser’s ability. This
report remains the personal property of the signer and may not be transmitted or
relied on by any third party without the signer’s written permission. It is agreed
that the appraiser’s responsibility does not extend to any third party under any
circumstances whatsoever.
As an amendment to the Appraiser/Client agreement, the Client agrees to read
the appraisal and agrees to notify the Appraisal firm of any objections, errors,
omissions or invalid data herein within 15 days of receipt of this report and
return all copies of report to appraiser for correction prior to use whatsoever.
Under no circumstances shall the Company’s or any Appraiser’s liability exceed
the fee actually collected for this report and then only in case of a gross error(s)
which would have materially affected the appraisal’s value indication as of the
date of the valuation. By acceptance of this report by the client, the client
acknowledges the foregoing statements and also acknowledges that a value
opinion is the product of company which produces an opinion not a provable fact.
As a personal opinion, valuations may vary between Appraisers based on the
same facts. The client agrees that the signer(s) of this appraisal have done so
solely as employee(s) of R.C. Chuoke & Associates and not individually.
ADDENDA
PHOTOS
FRONT VIEW OF SUBJECT LOOKING FROM BARBOUR’S CUT
BLVD
TH
REAR VIEW OF SUBJECT LOOKING FROM 4 STREET
TYPICAL INTERIOR VIEW OF SUBJECT TRACT
TYPICAL STREET SCENE ON BARBOUR’S CUT BLVD
TYPICAL STREET SCENE ON BARBOUR’S CUT BLVD
TH
TYPICAL STREET SCENE ON 4 STREET
TH
TYPICAL STREET SCENE ON 4 STREET
APPRAISAL DISTRICT DATA
Wednesday, July 03, 2013
HARRIS COUNTY APPRAISAL DISTRICT
Tax Year: REAL PROPERTY ACCOUNT INFORMATION
2013
PrintE-mail
0240390300001
Ownership History
Owner and Property Information
Owner Name & CITY OF LAPORTE LegalLTS 1 THRU 6 & N 10 FT OF LT 7
Mailing Address:CAUSE NO 2003-34978 Description:BLK 330
% POWELL KATHERINE LA PORTE
PO BOX 1115
Property 606 N 4TH ST
LA PORTE TX 77572-1115
Address:LA PORTE TX 77571
Total Units
State Class CodeLand Use CodeBuilding Class
XV -- Other Exempt (Government)4399 -- Warehouse-MetallicE0
®
Land AreaBuilding AreaNet Rentable AreaMarket AreaMap Facet
Neighborhood
Key Map
6254C
20,000 SF4,87509701.016010 -- Pasadena - LaPorte540X
Value Status Information
Value StatusNotice DateShared CAD
Capped Account
NoNoticed 04/12/2013 No
Exemptions and Jurisdictions
Online
Exemption TypeDistricts2012 Rate2013 Rate
JurisdictionsARB Status
Tax Bill
LA PORTE ISD
Total 020Not Certified1.330000
040Not Certified0.400210
HARRIS COUNTY
View
041Not Certified0.028090
HARRIS CO FLOOD CNTRL
042Not Certified0.019520
PORT OF HOUSTON AUTHY
043Not Certified0.182160
HARRIS CO HOSP DIST
044Not Certified0.006617
HARRIS CO EDUC DEPT
047SAN JACINTO COM COL DNot Certified0.185602
071CITY OF LAPORTENot Certified0.710000
Valuations
Value as of January 1, 2012Value as of January 1, 2013
MarketAppraisedMarketAppraised
Land0Land0
Improvement0Improvement0
Total00Total00
5-Year Value History
Land
Market Value Land
SiteUnitSizeSiteAppr O/RAppr O/R TotalUnitAdj Unit
DescriptionUnitsValue
Line
CodeTypeFactorFactorFactorReasonAdjPricePrice
14399 -- Warehouse-MetallicSF1SF20,0001.001.001.00--1.00000
Building
Year BuiltTypeStyleQualityImpr Sq FtBuilding Details
Building
11990Warehouse-Metallic8454 -- Shell, IndustrialLow4,875Displayed
Building Details (1)
Texas law prevents us from displaying residential sketches on our website.
You can see the sketch or get a copy at
HCAD's information center at 13013 NW Freeway.
Building DataBuilding Areas
ElementDetailsDescriptionArea
Cooling TypeNoneBASE AREA PRI4,875
Construction TypeSteel, LightCNPY ONLY -C325
Functional UtilityAvg/Normal
Extra Features
Heating TypeNone
DescriptionUnits
Partition TypeNone
CANOPY ONLY1
Physical ConditionAvg/Normal
Enclosure, Office1
Plumbing TypeNone
Sprinkler TypeNone
Exterior WallMetal, Light
Economic ObsolescenceNormal
ElementUnits
Wall Height14
Office Warehouse Ratio1
Interior Finish Percent40
Wednesday, July 03, 2013
HARRIS COUNTY APPRAISAL DISTRICT
Tax Year: REAL PROPERTY ACCOUNT INFORMATION
2013
PrintE-mail
0240390300027
Ownership History
Owner and Property Information
Owner Name & CITY OF LAPORTE LegalLTS 8 & 9 & S 15 FT OF LT 7 &
Mailing Address:CAUSE NO 2003-34978 Description:N 15 FT OF LT 10 BLK 330
% KATHERINE POWELL LA PORTE
PO BOX 1115
Property 0 N 4TH
LA PORTE TX 77572-1115
Address:LA PORTE TX 77571
Total Units
State Class CodeLand Use CodeBuilding Class
XV -- Other Exempt (Government)4300 -- General Commercial Vacant--0
®
Land AreaBuilding AreaNet Rentable AreaMarket AreaMap Facet
Neighborhood
Key Map
6254C
10,000 SF009701.013200 -- LaPorte ISD540X
Value Status Information
Value StatusNotice DateShared CAD
Capped Account
NoNoticed 04/12/2013 No
Exemptions and Jurisdictions
Online
Exemption TypeDistricts2012 Rate2013 Rate
JurisdictionsARB Status
Tax Bill
LA PORTE ISD
Total 020Not Certified1.330000
040Not Certified0.400210
HARRIS COUNTY
View
041Not Certified0.028090
HARRIS CO FLOOD CNTRL
042Not Certified0.019520
PORT OF HOUSTON AUTHY
043Not Certified0.182160
HARRIS CO HOSP DIST
044Not Certified0.006617
HARRIS CO EDUC DEPT
047SAN JACINTO COM COL DNot Certified0.185602
071CITY OF LAPORTENot Certified0.710000
Valuations
Value as of January 1, 2012Value as of January 1, 2013
MarketAppraisedMarketAppraised
Land0Land0
Improvement0Improvement0
Total00Total00
5-Year Value History
Land
Market Value Land
ApprApprAdj
SiteUnitSizeSiteTotalUnit
DescriptionUnitsO/R O/RUnitValue
Line
CodeTypeFactorFactorAdjPrice
FactorReasonPrice
14300 -- General Commercial SF1SF10,0001.001.001.00--1.00000
Vacant
Building
Vacant (No Building Data)
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AERIAL
LOCATION OF
PROPERTIES
UT
URS C
BARBO
0240390300001
0240390300027
1 inch = 100 feet
QUALIFICATIONS OF APPRAISER
CHRIS CHUOKE
Chris Chuoke has been engaged in the real estate appraisal profession since 1978, he is
currently president of R.C. Chuoke & Associates, Inc. The scope of work has included
real estate appraisals, real estate sales, and development. Experience in real estate
appraisals include light industrial properties, commercial, retail, office buildings, some
special purpose properties as well as single family houses, duplexes, and condominium/
townhouse units and apartments. Additionally there is experience in right of way
appraisals and condemnation and has been approved as an expert witness in both Harris
and Galveston Counties. Listed below are some of the clients served:
CORPORATERELOCATION
Pollo Loco Restaurants Fidelity Relocation Services
Exxon/Mobil Land Management Cendant Relocation
Exxon Pipeline Company Prudential Relocation
South Shore Harbour Development Summit Relocation
Rockwell Space Operations, Inc.
CAE-Link Corporation
Nisseki Chemical
BANKGOVERNMENTAL
Moody National Bank City of La Porte
Bank of America Galveston County
Integrity Bank City of Kemah
Regions Bank City of League City
Heritage Bank City of Webster
Texas Advantage Community Bank City of Seabrook
Amegy Bank SBA
Patriot Bank City of El Lago
Prosperity Bank University of Houston-C Lake
Frost National Bank City of Friendswood
Hometown Bank TXDOT
Zions Bank
MORTGAGE COMPANIES
Texas Citizens Bank
First Bank Regions Mortgage
CommunityBank of Texas Federal Home Loan Mortgage
JSC Credit Union Amegy Mortgage
Texan Bank SWBC Mortgage Corp.
Home Trust Mortgage
EDUCATION
Bachelor of Business Administration, 1977, University of Houston at Clear Lake
PROFESSSIONAL AFFLIATIONS
Texas Real Estate Brokers License, 1977, #216958
Certified Texas Real Estate Appraisers # TX- 1321347-G
Texas Associations of Realtors
National Association of Realtors
Gulf Coast Board of Realtors
LOTS 1 - 6 & NORTH 10' OF LOT 7, BLOCK 330, LA PORTE
(HCAD # 024-039-030-0001)
7A8
1 inch = 104 feet
LOCATION OF
PROPERTY
VD
UT BL
OURS C
BARB
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14,2013
Source of Funds: N/A
Requested By: Tim Tietjens
Account Number: N/A
Department: Planning
Amount Budgeted:N/A
Report: XResolution:Ordinance:X
Amount Requested:N/A
Budgeted Item:__YESNO
Exhibits:1.Ordinance
2.First Amendment to Agreement
SUMMARY & RECOMMENDATION
The City has an agreement with Harris County Community ServicesDepartmentto construct six single-
family affordable homes in two phases of three homes each for the City’s Northside Neighborhood IV
Project. Construction of the three homes in Phase Iis nearing completion withcertificates of occupancy
(CO) expected in about one month. The City has an additional 90 days beyond the CO to obtain buyers
for the units.
In order to widen the pool of eligiblebuyers,City Council authorized a subsequent down payment of
$10,000per unit in June of 2013,and Harris County offered to match thatamount beyond the amount in
their current DownPayment Assistance Program. The City thenreceived a letter from Harris County
verifying their commitment for the additional monies, but also advisingthat they would be cancelling
Phase II.In responseto the City’s objection, Harris County Community Services eventually responded
that they would remove the cancellation language, and resend the agreement.
The City subsequently received the amendment via email committing the additional funding for Phase I,
without the cancellation language.At this time the City has abuyer under contract and remains
confident that the otherbuyersfor phase Iwill be obtained within the deadline established.
Harris Countyis requestingthe City approve the attached amendment.Harris County hasscheduledthe
amendment for Commissioners Court action October 22, 2013.
Action Required by Council:
Consider approval or other action authorizing afirst amendmentto the agreement with Harris County for
the NorthsideNeighborhoodIVProject, to allow for additional financial assistance to eligible homebuyers
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for three homes located at 222 North 5, 509 North 7, and 513 North 7Street.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:October 14,2013
Source of Funds: N/A
Requested By: Tim Tietjens
Account Number: N/A
Department: Planning
Amount Budgeted:N/A
Report: XResolution:Ordinance:X
Amount Requested:N/A
Budgeted Item:__YESNO
Exhibits:1.Ordinance
SUMMARY & RECOMMENDATION
The City has an agreement with Harris County Community Services Department to construct six single-
family affordable homes in two phases of three homes each for the City’s Northside Neighborhood IV
Project. Construction of the three homes in Phase I is nearing completionwith Certificate of
Occupancy expected within approximately one month.
The attached ordinance contains language authorizing the City Manager to execute closing documents
for all three homes, at such time as eligible buyers are located.A sales contract ispendingfor the home
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located at509 N. 7Street, further described asLots 21-22, Block 101, priced at $104,900.
Per the City’s agreement with Harris County, the units must be sold within 90 days of the Certificate of
Occupancy being issuedor risk becoming a rental unit.
Action Required by Council:
Consider approvalor other action authorizing the City Manager to execute land sale contracts and
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closing documents at such time as eligiblebuyers are located forproperties located at 509 N. 7Street,
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513 N. 7Street, and 222 N. 5Street, as part of the City’s Northside Neighborhood IV Project.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
Council Agenda Item
October 14, 2013
7. (a)Receive report ofLa Porte Development Corporation Board–Councilmember
Engelken
***********************************************************************************
REQUEST FOR LA PORTE CITY COUNCILAGENDA ITEM
Budget
Agenda Date Requested: 14October2013
Source of Funds:
Requested By:Scott D. Livingston
Account Number:
Department: Administration/Economic Development
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits:PowerPoint Presentation by Catalyst Commercial, Inc.
Budgeted Item:YESNO
Exhibits: Final Report of the Retail Study
Exhibits: Catalyst Commercial’s Service Agreement
SUMMARY & RECOMMENDATION
In January 2013, the La Porte Development Corporation Board approved a contract with Catalyst
Commercial, Inc.to complete a retail and market study.Since that time, Catalyst has been
collectingdata for trade area delineation, competing trade area statistics, traffic counts, and
mapping of keymetrics/data.
Catalyst Commercial, Inc. has completed the final report of the retail and market study. An
electronic copy of the final reportand a copy of theservice agreement are enclosed in your
meeting packet.
Mr. Jason Claunch is available tonight to present the findings and conclusions of the retail and
market studyandaddress any questions that you might have.
Action Required by the La Porte City Council:
None
Approved for the La Porte City CouncilAgenda
Corby D. Alexander,City ManagerDate
Merchandising Plan
La Porte, Texas
October 2013
Retail
Purpose
Identify current market conditions and utilize findings from our Determine retail opportunities within those sectors which have the Align the highest probability retail tenant in context
with property by Recruit best fit retail tenants by educating operators on how La
research to quantify demand at the retail category level.
greatest probability of success for the City of La Porte.
Porte aligns with their operational needs.
property inventory.
I
TrafÐc Count Map
La Porte, TX
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Major Employer
Firmographic Map
La Porte, TX
E. I. Du Pont De Nemours and Company
A&L Industrial Services
City of La Porte
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Sulzer Turbo Systems International
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Sulzer Turbo Services Houston
Rockwood Service Corporation
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Longview Inspection
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Total Petrochemicals USA
Aker Industrial Constructors
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Demand Drivers is comprised of the population within the PTA. The City of La Porte 2012 population of 34,056 is projected to increase by 4.6% by the year 2017 to approximately 35,607.
La PorteÈs PTA population of 382,969 is expected to increase by 5.5% by the year 2017 to 403,956. The dominant thoroughfares include Highway 225 and Highway 146. The major non-highway
thoroughfares include many large industrial companies including: 1. Aker industrial Constructors, 2. Total Petrochemicals USA, 3. International Plant Services. The daytime population
of the City of La Porte is drivers include the San Jacinto Monument, Battleship Texas, and
34,440 and the La Porte PTA has 154,565 daytime employees.
include Spencer Highway/Main Street and Fairmont Parkway.
drivers within La Porte
Firmographic demand
Sylvan Beach Park.
Residential demand
Visitor demand
Retail Leakage
Spending Per Capita $7,242 $6,290 $952
Supply/Retail Sales $246,621,239 $214,205,814 $32,415,425
Total Retail Trade and Food & Drink
Total Food & Drink
Total Retail Trade
RENTABLE BUILDING AREA
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 14, 2013
____N/A________
Source of Funds:
_Tim Tietjens______
Requested By:
Account Number:_______________
Department: __Planning____________
Amount Budgeted: ______________
Report: _X_Resolution: ____Ordinance: __
Amount Requested:
Exhibits:
Budgeted Item: YES NO
1.Implementation Matrix -Immediate
2.Implementation Matrix -Short Term
3.Audit Report
SUMMARY & RECOMMENDATION
At the February 25, 2013meeting of City Council,the Planning Department Audit Report was
presented along with a subsequentImplementation Matrix showingthe priority and timeline for
delivery of each line itemin the order listed within the report. The ImplementationMatrix listed
the report items into three different priorities for initiating action: immediate(those items to be
initiated within twomonths), short-term (those items to be initiated between two and sixmonths),
and long-term (those items to be initiated between six and eighteen months).City Council directed
staff toreportprogress quarterly, and this item represents the secondquarterly report.
For the purposes of reporting status, the Implementation Matrix items weresorted by the three
different prioritiesto initiate,and is being displayed via three separate matrices. Planning staff
started with the immediate priority matrix for the previous reporting period, and has been meeting
weekly to ensure the project is on schedule. Because implementation activity has been
accomplished within the immediate and short-term categories, those twomatricesare attachedto
this report.Each Implementation Matrixgraphically shows the degree of completion of each line
item by a color coded Gantt chart with comments if applicableto that line item.
The attached Audit Reportconsists ofthe originally approved narrative document that now also
contains second quarter activityhighlighted, with written entry beloweach applicable
recommendation describingwhat action was achieved for that recommendation. (Those reported in
the first quarter are no longer highlighted, but just bold print).
The department is getting positive feedback regarding the Predevelopment and Applicant
Consultation (PAC)meetings.More data has been, and will be linked to the City’selectronic
systems and internet based information for ease of access.The provision of this data will also
reduce the applicants need to go through some time consuming steps that were prerequisites up
until this point.
___________________________________________________________________________
Action Required of Council:
Receive report.
Approved for City Council Agenda:
_________________________________________________________
Corby D. Alexander, City ManagerDate
City of La Porte
Planning Department
Organizational Review
Final Report and Recommendations
Mueller Management/Ron Cox Consulting
February 6, 2013
City of La Porte
Planning Department Organizational Review
Final Report and Recommendations
Table of Contents
Page
I.Introduction 2
II.Recommendations 4
Process Recommendations
A.Communication 4
B.Cumbersome Processes 6
C.Site Plan Review Process 8
D.Permitting Intake/Issuance 10
E.Code Enforcement 12
F.Inspections 13
G.Miscellaneous 14
Organizational Culture Recommendations
H.Mission & Goals 15
I.Departmental Cohesiveness 18
J.Trust 19
Code Recommendations
K. Code Recommendations 20
Zoning Code 20
Development Ordinance 23
Other 25
III.Conclusion 25
IV.Exhibits
A. Site Plan Review Flowchart
B. Permit Intake/Issuance Flowchart
1 Planning Department Review Mueller Management/Ron Cox Consulting
I. Introduction
On September 24, 2012, the City of La Porte engaged Mueller Management, in association with Ron Cox
Consulting, to perform an organizational review of the Planning Department. The desire for
organizational reviews in various departments of the City was identified by the City Council during the FY
2013 budget planning process. The Planning Department was chosen as the initial candidate for review
due to its high frequency of customer/citizen interaction points. The results of these interactions can
have a significant impact on the community’s perception of the City government as a whole.
Specifically, the purpose of this review was directed toward evaluating departmental policies,
procedures, practices, and codes to identify improvements that may add value, shorten response times,
and improve customer service. In particular, the processes involved with site planning and permit
issuance were identified as areas of emphasis.
The underlying strategy of the analysis by the consulting team was to identify “internal perceptions” and
“external perceptions” as they relate to the identified issues/problems. The degree to which the
perceptions of internal participants (employees) align or differ from external participants (City Council,
Planning Commission, customers) was analyzed to identify gaps in desired-versus-provided service
levels.
Internal perceptions were gathered from individual interviews with each member of the Planning
Department and members of other City departments who are involved with the site plan and building
permit processes. Further, the site plan review process and the permit intake and issuance processes
were flowcharted to identify potential gaps or inefficiencies in those processes.
External perceptions were obtained by individual interviews with each member of the City Council and
Planning and Zoning Commission. To further validate the perceptions communicated during those
interviews, three separate focus groups were convened – one focused on code enforcement; one with
contractors/designers; and one with business owners.
An interim report, summarizing the internal and external observations, organized under 10 major
themes, was presented to City Council on December 10, 2012. Subsequent to the interim report
presentation, the consulting team conducted the following activities:
The interim report and several specific customer concerns that were expressed in the
focus groups were reviewed with the Planning Department division managers. This
review provided an opportunity for the staff to better understand and accept the reality of
the issues at hand and begin to be part of the recommended solutions.
Management recommendations were developed to address the organizational culture,
communication, and trust themes that were identified in the interim report.
2 Planning Department Review Mueller Management/Ron Cox Consulting
The flow-charted processes were analyzed for efficiency and communication
improvement opportunities.
Organizational, process, and communication improvements were developed. Suggestions
offered by the electedand appointed officials, customers and employees were
incorporated.
The zoning and development codes were evaluated for potential recommendations to
improve their functionality and address concerns raised by the customer groups.
Implementation Recommendations:
Implementation of the recommendations will present many opportunities for organizational and
leadership development within the department and with customers. An effective method of
implementation is the use of task forces organized around a specific set of the recommendations.
Membership in the task forces should primarily consist of employees within the department, but should
also consist of representatives of the customer groups identified earlier. Each task force should be
managed by a team leader appointed by the Director. Each team leader will be responsible for
completing and reporting on the final implementation.
It is also important to reinforce the revised processes with underlying improvements in culture, trust,
and cohesiveness. The process improvements will not be fully successful until the underlying
organizational culture is redirected toward better cooperation internally and a customer focus
externally. A variety of tools are available designed to enhance the organizational culture. A
commitment by City Council and management toward this holistic approach will enhance the full
implementation of the improved customer service attitude.
Acknowledgements:
The consulting team wishes to thank all members of the City Council, Planning Commission, City
Manager’s office, the Planning Department, and the customer focus group participants. We received
great cooperation from each person we spoke with and encountered no obstacles in obtaining the
information we requested. All participants were very candid in their comments and believed their
negative and positive comments would be used in the spirit of improvement for the department. Many
positive suggestions were put forth by the individuals and groups we worked with that were
incorporated into these recommendations.
The consulting team appreciates this opportunity to be of service to the city of La Porte. It is our hope
that these recommendations will add value to your customer’s experiences and your staff’s ability to
effectively perform their jobs. This report concludes our engagement, however, we are available to
provide additional assistance should you or the staff desire an additional engagement to assist with
implementation.
3 Planning Department Review Mueller Management/Ron Cox Consulting
II. Findings and Recommendations
The internal observations, external perceptions, and a preliminary assessment of the implications of
these observations and perceptions were documented in the interim report. The topics presented in
this report generally correspond to the themes that were covered in the interim report. A set of
findings are presented for each topic along with a series of recommendations designed to address each
finding. The topics are grouped into process, organizational culture, and code-related
recommendations.
Process Recommendations
The following process-related recommendations are intended to respond to concerns expressed by
customers and incorporate procedural improvement possibilities observed by the consulting team.
These improvements are designed to improve communication and access to information; reduce the
time required to obtain permits and improve the customer experience when interacting with the
Department.
A.Communication
Findings
The variety of independent prerequisites before the issuance of a building permit provides multiple
opportunities for ambiguity and difficulty in coordination. Currently, there is not a single person
charged with coordinating all aspects of a project from initial application to final approval so it can
be challenging for customers to know exactly which sub-applications apply for a particular project
and the correct submittal sequence.
Staff acknowledged that multiple resubmittals do occur, but generally believe those cases are a
result of poor plans being submitted or designers modifying unrelated items (on which the
additional comments are based). There is a gap between the perceptions of the customers and the
staff that needs to be resolved.
Recommendations
1.Pre-Development Meetings with customers:
i.Establish routine days and times for pre-development meetings when staff will
be available.
ii.Establish which staff is required to attend the pre-development meetings, and
hold those staff accountable for attendance. Establish a protocol and assign
4 Planning Department Review Mueller Management/Ron Cox Consulting
responsibility to the appropriate person for notifying the staff of their
attendance requirement.
iii.Publicize the availability and schedule of pre-development meetings on the web
site and in the Planning Department lobby. Encourage staff to reinforce the
preference for using the pre-development meeting format whenever possible in
their interactions with the public.
iv.Develop a pre-development meeting checklist that outlines all of the permits
that may be necessary for a particular project, so that the applicant is made
aware of the multiple steps that may be needed before they make their first
submittal. Also, provide fee schedules associated with each of the applicable
permits.
v.Utilize the pre-development meeting to review the checklist and have staff
available to elaborate and answer questions. Also, utilize this meeting to
communicate lessons learned from similar projects, such as critical review items
and long lead-time aspects of the permitting process, to assist the customer in
planning their overall schedule.
Staff is creating a predevelopment applicant consultation packet, which includes a
comprehensive checklist of all development processes. The checklist also contains
website links to further explain each process.
2.Host periodic forums for the development/contractor/business community to open
and maintain an opportunity for dialogue. These forums can be utilized to
communicate such topics as new codes, frequently encountered problems, and to
receive feedback and suggestions from developers and contractors. The goal is to
establish and maintain open lines of communication between the department and
customers to reduce the perception that involving management or council is required in
order to achieve solutions. Establishing open rapport will facilitate a collaborative
problem-solving environment between staff and customers.
i.Initially a quarterly schedule is recommended; re-evaluate frequency after the
first year.
ii.Depending on the interest of participants, the city may want to break the
forums into more focused topic sub-groups (for example, separate planning,
engineering, and inspections forums).
3.Establish a centralized database of previous code interpretations accessible to the
staff and public; or display in a FAQ format.
4.Ensure that the need for address verification and utility verification is communicated
consistently; document the need on related forms and communicate early in the
application process.
5 Planning Department Review Mueller Management/Ron Cox Consulting
The need for property identification (HCAD Number) and address, if existing, has been
noted on our existing forms, the newly created predevelopment checklist, and is being
communicated verbally during initial meetings with applicants.
The utility verification process has been replaced by the publication of GIS utility layers
on the City’s website. Utility verifications will be performed by Public Works on a case-
by-case basis only when utility verification is in question. If a utility extension is
necessary, applicant will be advised of the utility extension processes.
The culvert request process has been replaced by the internal permit review process,
wherein staff will determine culvert size for any driveway construction or culvert
installation. Local driveway permits will be issued regardless of jurisdictional status;
the most onerous regulation will govern.
5.Ensure that all permit application forms and related information (that was provided to
the consultants in the binder) are available on the website. At a minimum, provide
printable PDF files, but preferably as live forms that can be completed and submitted
electronically.
Many forms are currently available to the public on the website. These forms, as well
as additional forms, will be updated and converted to fillable .pdf forms as the audit is
implemented.
6.To the greatest extent possible with the current computer system, make information
available on-line so that applicants can obtain status updates as easily as possible.
Where the computer system falls short, establish an information base that will track
status of projects and provide contact information to the customer for obtaining that
information. The objective is to develop a system within the constraints of the current
computer software system, to provide substantive information to the customer on a
timely basis.
7.Post the office hours by the outside door. City hall hours are posted, which may cause
customers to think the office is closed when it is actually open.
Division hours of operation were immediately posted on a temporary sign on the
exterior doors to the Inspection Division. The temporary sign has since been replaced
with permanent signage. Additionally, directional signage for Inspections/Permitting
has been placed at the main entrance to City Hall.
6 Planning Department Review Mueller Management/Ron Cox Consulting
8.Departmental staff should proactively notify the city management of customer
interactions that may be reasonably expected to evolve into more difficult public
relations situations.
Staff continues to utilize the chain of command to notify city management of potential
public relations situations.
9.Revise the Planning & Zoning Commission public hearing agenda format. The
following agenda sequence is proposed:
i.Staff Presentation
ii.Applicant Presentation
iii.Public Comments (for, against, or simply questions)
iv.Question and Answer
The current public hearing agenda format encourages the Commission to ask questions
before all of the information has been presented and also puts the staff in the position
of answering questions better answered by the applicant. The Commission should allow
all information to be presented in items i-iii before asking questions under item iv. Any
questions posed by the public during item iii should be noted by the Commission and
then asked by the Commission during the question and answer period. During the
question and answer period, questions should be directed by the Commission to either
the staff or applicant, depending on who is in the better position to answer the
particular question.
Revising the public hearing agenda format was placed on the Planning and Zoning
Commission agenda for discussion. The Commission agreed staff should utilize the
public hearing agenda format proposed by the consultant when preparing future
meeting agendas.
B.Cumbersome Processes
Findings
The cumbersome nature of the NaviLine software system appears to contribute to some of the
sluggishness and inconsistencies that customers experience. Ironically, if customers find the
processes too difficult to navigate and work without permits, this also increases the workload of the
code enforcement division.
Recommendations
7 Planning Department Review Mueller Management/Ron Cox Consulting
1.Track certain permits outside of the NaviLine system to eliminate excess data entry
that does not add value – for example: fill dirt, utility verification, culvert, address
assignment, site plan review.
i.A separate logging and tracking system (database or spreadsheet) needs to be
developed and made available on the server so all staff members have access to
update information and check status’ as needed.
Planning staff will continue to utilize Naviline to enter data for all identified
processes. Necessary staff training has been scheduled to ensure the ability to
use the system as intended.
2.The driveway permit process should be modified so that culvert sizing is handled as
part of driveway permit process rather than as a separate application. When a
driveway permit (issued by the Inspections Division) requires a culvert, a separate
culvert permit (issued by the Engineering Division) is also required. The culvert permit
primarily consists of specifying the correct diameter for the culvert pipe. If the culvert is
for a non-driveway application, the culvert application would still be a separate
application.
The driveway permit process has been modified so that culvert sizing is
handled as part of the building permit or driveway permit, if applicable.
Additionally, an internal staff review step has been added to the building
permit review process in Naviline.
3.Complete the water and sewer GIS layer and make available to the public. The internal
utility verification process can be eliminated completely by allowing the public, land
owners, and engineers to access the data directly. However, in the interim, within the
current utility verification process:
i.Ensure that the drawing of the existing utilities is provided to the applicant as
part of the response to the applicant.
ii.If NaviLine is continued to be used to track utility verification requests, save a
PDF of the utility drawing as an attachment to the NaviLine file so that all data
related to the request can be obtained in one location.
4.Until NaviLine is able to produce the information needed for the monthly reports, the
reports should be reconfigured to eliminate the time and effort needed to track
information manually. Currently, some data for the monthly and quarterly reports is
tracked manually because it is not accessible from NaviLine.
8 Planning Department Review Mueller Management/Ron Cox Consulting
5.Establish and publish plan review time goals for the most commonly issued permits.
This information will provide the customer with a reasonable expectation and establish
accountability for the staff.
There has been an unwritten policy that dictates building plan review turn-around
time goals. These review time goals have now been incorporated into a written
department policy by which the public can reasonably expect response.
6.Allow simple plan sets to be reviewed quickly while more complex plan sets are being
reviewed in the background. To expedite simpler plan sets, establish and use a priority
process rather than a chronological (first come-first served) policy.
Permits that require a shorter plan review time, such as fence, roof, fill dirt, portable
sign, demolition, etc. continue to be fast-tracked. Additionally, staff continues to issue
over-the-counter permits for plumbing, electrical and mechanical work.
7.Establish a simplified fence permitting process. The current system is both time
consuming and expensive and is a source of consistent frustration and complaints. To
expedite standard fence replacements in the same location, do not require site plans or
formal surveys. Utilize standard details as a condition of approval (setting posts,
attachment of runners and pickets, etc.). If a fence is on a common property line,
perhaps require consent from the neighbor to waive the site plan requirement. As a
further relaxation, the site plan requirement for new fences could also be waived with
location restrictions being issued as permit conditions.
The fence permitting process has been simplified by eliminating the requirement for a
survey. In lieu of a survey, staff is allowing the customer to submit plan grade
information. This has been adopted by departmental policy.
8.Upon issuance of the certificate of occupancy, paper inspection files should be purged.
Maintaining the paper copies of plan review comments, permits, and inspection results
takes considerable staff time. The content of these files is generally redundant to data
that has been or should have been entered into the NaviLine permit file.
9.Establish a consistent philosophy to utilize PUD’s to simplify, rather than complicate,
development applications. Several people who were interviewed reported that the
current implementation of PUD’s actually makes approval of a project more difficult,
rather than facilitating the unique situations they are intended to benefit. Consistent
with the organizational culture initiatives previously discussed, an attitude of using
PUD’s to facilitate development, rather than as a mechanism to add additional
requirements, should be encouraged and enforced by management and City Council.
9 Planning Department Review Mueller Management/Ron Cox Consulting
C.Site Plan Review Process
Findings
The site plan review process affects a wide variety of businesses and may be the first interaction an
applicant has with the City. As currently structured and administered, the process causes confusion
for many applicants and creates a poor first impression.
Recommendations
1.Compile and agree upon staff review comments before meeting with the applicant.
The site plan meeting has been incorporated into the predevelopment applicant
consultation meeting to systematically include collection, compilation, and distribution
of reviewers’ comments prior to meeting with the applicant.
2.Establish appropriate review protocol between the Planning and Fire Departments.
Evaluate need for fire marshal to be involved with site plan review; consider whether or
not one Fire Department representative can handle all fire-related review comments.
This will better define and possibly reduce the number of people involved in the review
process.
A meeting was held to discuss review protocol between the Planning and Fire
Departments. It was determined that representatives from both Fire Prevention and
Fire Suppression Divisions must be in attendance at the predevelopment applicant
consultation meetings.
3.Develop and consistently use checklists for each reviewer. The contents of each
checklist should be unique to the items for which each reviewer is responsible and
approved by the Planning Director. Periodically update the checklists as new or
recurring issues arise. The checklists can be provided directly to the applicants in
advance to better inform them of the requirements. Further the completed checklists
can also be provided to the applicants to eliminate the time and effort required to
compile all comments into one review letter.
The predevelopment applicant checklist will be provided to applicants during
predevelopment meetings and will contain website links to department specific
applications, processes and development criteria.
10 Planning Department Review Mueller Management/Ron Cox Consulting
4.Ensure all reviewers are submitting comments electronically in a consistent form
(Word document or NaviLine) using the checklists described above; also consider
requiring reviewers to provide marked-up plan sets for return to the applicant.
All reviewers have been submitting comments electronically. Staff has implemented
the Naviline response protocol as the standard of operation. Subsequent training was
provided to reviewers on 4-30-13. Additionally, training on electronic mark-ups of
redlines will be scheduled after acquisition of Adobe Pro for all reviewers.
5.Ensure review deadlines for each application are communicated and enforced for all
reviewers (inside and outside of the Planning Department).
Five day review deadlines have been communicated via memo from the Planning
Director to all reviewers and will be reiterated in a project memo with each Naviline
application.
6.Establish review turn-around time goals for re-submittals.
The goal is to complete the review of resubmitted plans within three (3) business days,
but not to exceed five (5) business days from the date of resubmittal. If the plan is not
approved, written communication will be provided to the applicant outlining the
deficiencies. Once the plan is approved, a signed copy of the plan will be returned to
the applicant.
7.Establish and enforce a policy that additional comments will not be added on
resubmittals. Exception: when the applicant has made changes to the plans subsequent
to the prior submittal.
A policy has been created disallowing additional comments on resubmittals, except
when the applicant has made changes to the plans subsequent to the prior submittal.
8.Research the ability of NaviLine to assign a project number using an HCAD parcel
number (if NaviLine tracking of site plans is continued). Currently, site plan applications
can not be entered until an address is assigned. This sometimes results in a delay of
processing while the address verification process is completed.
Naviline does not have the ability to substitute sequential project numbers for HCAD
numbers. HCAD parcel number entry is standard operating procedure for applications.
9.Ensure NaviLine is sending automatic notices of new site plan applications received to
all reviewers (if NaviLine tracking of site plans is continued).
11 Planning Department Review Mueller Management/Ron Cox Consulting
Testing demonstrated that all site plan reviewers are receiving notices of site plan
applications.
10.Establish and post annually a schedule of deadline dates for submittals, return of
comments, resubmittals, and the corresponding Planning and Zoning Commission
meeting date on which action will be taken (if applicable).
A schedule has been posted on the Planning Department webpage.
11.Consolidated review comments that are sent to the applicant should be provided to all
reviewers. These consolidated comments will allow each reviewer to be aware of the
full context of comments that were made.
All reviewers are receiving a copy of the comments letter sent to the applicant.
12.Ensure NaviLine is placing a hold on release of building permits until site plan is
approved.
A hold on building permit issuance is being placed on all site plans entered in Naviline
until such time an approved site plan is received.
13.Automate the generation of the final site plan approval letter sent to the applicant.
A step has been added in Naviline to ensure the site plan approval letter to the
applicant is automatically being generated.
14.Replace the manual “building permits release” form currently being sent to the
Inspections Division with the automated letter described above.
Incorporated into Step 13 above.
15.Develop a screening questionnaire to help applicants better prepare the application;
this can be reviewed and provided at the pre-development meeting.
i.Communicate to applicants the need for an address request to accompany or
precede a site plan application.
ii.Communicate to applicants that the proposed electric meter location is critical
for determining a proper address.
iii.Communicate to applicants the need for a utility verification request to
accompany or precede a site plan application.
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The predevelopment applicant consultation helps applicants better prepare by
providing a comprehensive list of processes, which are discussed during the
consultation or are otherwise provided in writing.
16.Make available to applicants a sample of a good site plan application to use as a
reference in preparing their application.
A sample site plan has been prepared which shows the necessary information as
ideally arranged.
17.Re-evaluate the site plan application form to ensure all requested information is
necessary; remove unnecessary or unused information to make submittal simpler for
the applicant.
The Major and Minor Development Site Plan applications have been re-evaluated and
revised.
D.Permitting Intake/Issuance
Findings
Customers perceive difficulty in timely receipt of consistent plan review comments and issuance of
permits. In some cases, customers also experience complications in obtaining access to status
information. Reducing redundant internal procedures will free up staff time for more meaningful
tasks and customer communications. Providing a process to streamline the issuance of more routine
permits to trade contractors would address several customer concerns.
Recommendations
1.Investigate and implement the ability to allow permit applications to be completed
and submitted electronically with payments made on-line, over-the-phone by credit
card, or with an escrow fund. At a minimum, contractors should have the ability to pay
for and obtain simple trade permits on-line.
2.Allow contractors to open escrow accounts against which permit fees can be charged
to eliminate the need for recurring checks and trips to city hall to pay for trade type
permits.
3.Ensure that building plan review turn-around time goals are established and enforced
for all staff members involved with plan review.
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There has been an unwritten policy that dictates building plan review turn-around
time goals. These review time goals have now been incorporated into a written
department policy.
4.Establish and enforce a policy that additional comments will not be added on
resubmittals. Exception: when the applicant has made changes to the plans subsequent
to the prior submittal.
A policy has been created disallowing additional comments on resubmittals, except
when the applicant has made changes to the plans subsequent to the prior submittal.
5.Redundant paper logs should be eliminated with the data being retrieved from
NaviLine when needed. There are multiple paper logs used for tracking various permit
applications and the status of those applications. Examples include: permits issued log
(tracks applications during plan review), over the counter log (tracks resubmittals and
other delivered documents), roof permits log, temporary and portable sign log,
clearing/fill dirt/storm water quality log, new code enforcement case log, and a follow
up code enforcement log. Periodically, the data on these logs are typed into a
spreadsheet for archiving, but the original paper logs are also maintained. Additionally,
there is a separate database maintained for water and sewer taps.
Most of the information entered on the logs is also entered into NaviLine as part of the
process to set up the permit file in the system. If NaviLine is incapable of appropriately
tracking the review steps, a separate database should be set up in place of the paper
logs, so that the tracking information can be easily entered, updated, queried, and
accessed from the network by all staff members. The database should be set up to track
the info needed for the various permit types, but only require the relevant data fields
for the particular permit type. The database should also be made available to the public
so that applicants can see the review status of their applications.
6.The Inspections Services Technicians should log Planning Division-related applications,
such as site plans and zone changes. A consistent logging process as described above
should be developed for all Planning Department applications to eliminate the
differentiation between processes for each division.
Inspection Services Technicians are being trained to receive and log all applications for
the Department.
7.Ensure the fire marshal building plan review comments are coordinated with the
Inspections Division comments and returned simultaneously with the Inspections
comments.
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Comments provided by the Fire Marshal will be solicited by Inspection Reviewers and
will be sent out by the goal date.
8.Ensure all three front counter technicians have the same job descriptions and are
adequately cross-trained; each have areas of specialty, but workload should always be
balanced.
9.Ensure all three front counter technicians have access to the same standard inspection
notes files and all relevant NaviLine modules.
All front counter technicians have access to Code Enforcement, Building Permits,
Business Licenses, Planning & Engineering, and Land Management Naviline modules.
10.Plan review for clearing permits conducted by a Parks Department representative and
Engineering and Planning Divisions should be done simultaneously rather than
serially. A simultaneous review process will expedite the issuance of the permits.
Procedure for reviewing/approving clearing permits has been revised to exclude the
address requirement, which has been the primary cause of delay.
11.Adopt one consistent suite of building codes. Currently, a mixture of the International
and Uniform Building Codes are utilized for different trade specialties. From the
customer’s perspective only one suite of codes should be adopted and utilized.
E.Code Enforcement
Findings
Some customers report difficulty in ascertaining the status of service requests. Inefficient internal
processes affect the timeliness of data being available and add a redundant burden to the
Inspection Services Technicians. From a broader perspective, there are differing opinions as to the
preferred focus of code enforcement efforts – an even distribution, or a focus on hot spots or repeat
offenders.
Recommendations
1.Implement a method to allow the inspection notes/results to be transferred
electronically to NaviLine. Currently the notes are taken in the iPad, printed, and then
input into NaviLine by the Inspection Services Technicians.
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Hardware and software to allow inspection notes to be transferred from the field to
Naviline has been included in the 2013-14 Budget.
2.Develop the GIS so that the status of code enforcement cases can be displayed
graphically and accessed directly by the public. This will aid citizens in being able to
quickly ascertain the status of a complaint they called in or to know the status of cases
in their neighborhood. Additionally, the graphical representation will assist staff in
identifying recurring problem trends as an aid to targeted enforcement.
3.Conduct quarterly forums with citizens and homeowners groups. These forums can be
utilized to identify “hot spots” in the community that may need special attention by
code enforcement and provide a system for follow up.
F.Inspections
Findings
There are opportunities to improve the customers’ experiences as they relate to interactivity and
consistency. Many customer suggestions centered on interactivity improvements such topics as the
ability to submit permit applications, request inspections, or view inspection results on-line.
Customers also requested improvements to consistency in the interpretations made by different
inspectors. Internally, there are several paper-based tracking processes that are redundant to
electronic processes.
Recommendations
1.Assign inspectors by project rather than geographically. This system will allow the
customer to have a consistent representative throughout the construction process;
other inspectors are still available to cover vacations or for consultation when needed.
2.Provide an opportunity for the assigned inspector to be involved with the commercial
plan review before final approval. This system will reduce the occurrence of the field
inspectors enforcing codes differently than the plan reviewer.
3.Allow trade permits to be finalized as the work is completed prior to the final building
certificate of occupancy. Several customers commented that the current process does
not allow them to receive trade finals until the final certificate of occupancy for the
building is approved. This practice causes delays in subcontractors being able to close
out their contracts and receive final payment.
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4.The inspectors should use their iPads to document field inspection notes and results
for direct transfer to the NaviLine system. The current process requires the inspectors
to hand-write notes and inspection results in the field. The results are then entered by
the Inspection Services Technicians into the NaviLine system. To complete this change,
a method to electronically link the iPad with NaviLine needs to be identified. This
change would free up office staff time and allow inspection results to be posted much
more quickly, while not adding additional work for the inspectors.
Hardware and software to allow inspection notes to be transferred from the field to
Naviline has been included in the 2013-14 Budget.
5.Implement an on-line inspection request system that could interface directly with
NaviLine to save considerable staff time. The process of pulling inspection requests
from the answering machine, transcribing the information onto “white tickets”, and
entering data into NaviLine is time-consuming. The current process of attaching the
white ticket to the inspection folder and then re-stapling it into the ticket book is
redundant and should be eliminated as all of the needed information should be
transferred to the NaviLine file.
The online inspection scheduling system has been activated.
6.Interface the NaviLine system with the website so that inspection results can be
viewed on-line by the contractor or owner.
I nspection results may now be viewed online.
G.Miscellaneous
Findings
During the course of the review, the consulting team noted several other observations, which are
addressed in the following recommendations.
Recommendations
1.Re-evaluate the need for extended office hours; shift technicians to a standard 8-5
shift with a rotation for one technician to arrive early to pull morning inspection
requests.
Evaluation and customer polling indicates extended hours are desired by the public.
17 Planning Department Review Mueller Management/Ron Cox Consulting
2.Executed utility reimbursement agreements should be added as an attachment to the
relevant water and/or sewer line database file in GIS. This will facilitate tracking, help
to ensure proper payments are required of new development, and identify when the full
cost has been reimbursed to the initial developer.
3.Establish streamlined street and alley abandonment procedures available under state
law; establish a prioritized schedule for systematically abandoning unused rights-of-
way, rather than inefficiently responding to ad hoc requests.
4.The duties formerly assigned to eliminated Planning Division personnel should be
assigned to specific employees to ensure clear lines of accountability. With the recent
reduction of Planning Division personnel, duties of prior employees have been split
between the planner and the office coordinator, but specific responsibility for tasks
varies on case by case basis.
Staff responsibility for duties has been discussed and reassignment has occurred.
5.Zoning notification letters and mailing labels should be generated from the
notification list by a mail merge function rather than manually.
Mail merge will be used on future zoning notifications as well as other notifications.
6.The NaviLine system should be programmed to automatically print water and sewer
tap work orders to avoid the delays and manual steps inherent in the current method.
Currently, when a work order request for a new water or sewer tap is generated by an
Inspections Services Technician, the utility superintendent does not receive an
automatic notification. The superintendent has to periodically check the system to see
if there are new work order requests. Additionally, the superintendent has to perform
several administrative steps in order for NaviLine to print the work order.
7.The Survey Party Chief job description should be updated. The job description does
not match the current duties of the position.
Job Description has been rewritten to adequately address job functions.
a. All Department job descriptions have been reviewed.
8.GIS Division:
i.The non-GIS tasks assigned to the GIS Manager should be shifted to other staff
members so that the GIS manager can appropriately focus on development of
the GIS and management of GIS-related personnel. If the efficiency and
18 Planning Department Review Mueller Management/Ron Cox Consulting
automation recommendations related to the Inspections Services Technicians
are implemented, those individuals should be freed up to assist with more
productive work.
ii.Provide additional GIS and Laserfiche licenses and training to relevant
Inspections Division staff members to allow staff to obtain information more
directly without having to involve the GIS Manager.
iii.Properly fund and execute the GIS development program to facilitate data
availability for customers. A more functional GIS will improve the public’s ability
to get the information they need to prepare better plan submittals, and will free
up staff time currently occupied with manually obtaining that data for
customers.
Organizational Culture Recommendations
This engagement has identified many process issues within the Planning Department. It is believed
that making the changes that have been identified in the first part of this report will bring
immediate results. It is also believed that to ensure a more complete and more meaningful change
in the organization, more than just process should be addressed. In the research many gaps in the
Departments’ organizational culture were identified. These findings and recommendations are
addressed below. It is also believed there is a need to better align the organizational culture of the
Planning Department with the philosophy of the City Council. Working together the Department and
the Council can place the City on a better tract toward the same goals and ensure success both with
these organizational and process changes, but the success of the City.
H.Mission & Goals
Findings
There is an opportunity to enhance the department employee’s understanding and buy-in for the
mission and goals of the City and Council and management for the department. Developing
improved processes and procedures will not have full effect unless the organizational culture of the
department is addressed and aligned with the City’s overall goals.
Recommendations
1.Discern a consensus between City Council and management regarding the desired
customer service philosophy for the Planning Department.
i.The City Council and staff should work together to discuss and develop the
economic development philosophy of the City. The result of this discussion
should provide staff with better guidance on what development projects
19 Planning Department Review Mueller Management/Ron Cox Consulting
are/are not acceptable in the community. This gives better guidance to staff
when approached for zoning changes and other development considerations.
ii.The City Manager, Planning Director, and City Council should discuss and
establish an understanding regarding the degree to which City Council desires
staff to interpret codes in favor of customer perspectives and expediting
projects. This discussion should give definition to providing “common sense”
answers to customers without being too technical, or too liberal with their
interpretations. The result of this discussion should encourage staff to make
better judgment calls with the security to know they will be supported by the
City Council.
iii.City Council should establish for themselves guidelines for appropriate Council
responses to citizen complaints/concerns.
iv.The City Manager and City Council should discuss and agree upon the
appropriate channel and method for communicating complaints/concerns
including whether or not City Council should coordinate through the City
Manager or directly with department employees. These protocols should reduce
the feeling by staff they are in a constant state of defense, avoiding the
“gotcha” syndrome some feel is present.
v.The City Manager, Planning Director and City Council should discuss and come
to an understanding regarding the preparation, presentation and process of
amendments to the various codes and ordinances (staff has been told by
previous councils it is not their job to bring proposed amendments). This should
assist the staff in knowing when and how to present needed amendments to
meet changes in state law, changes in process and changes in local environment
to enhance customer service.
vi.Staff should develop meaningful communication opportunities regarding the
successes and challenges within the department to enhance City Council’s trust
that staff is timely and sensibly responding to City Council and customer
inquiries.
Department welcomes the opportunity to achieve consensus with City Council
regarding the desired customer service philosophy as it relates to:
economic development
code interpretation
guidelines for City Council response to complaints
appropriate channels for communicating
methodology for presenting amendments to various codes and
ordinances
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2.Develop an updated mission statement, guiding principles, and goals for the Planning
Department and each Division.
Department has updated its mission statement, guiding principles and primary
objectives.
Mission Statement:
The Planning Department will use a comprehensive, community-based approach to
short and long-term planning to facilitate development within the City of La Porte.
The department’s primary focus is to achieve high-quality infrastructure, a wide range
of housing, robust economic development opportunities, and an excellent social
service delivery system.
Guiding Principles:
We will perform our duties promptly, with superior quality, innovation and fairness.
Our community-based planning approach will allow our employees to provide
technical assistance and direct quality of life improvements based upon identified
community needs, thus delivering public services in a timely and proficient manner.
Primary Objectives:
1.To preserve, protect and enhance the quality of life of the City.
2.To preserve, protect and enhance the natural environment of the City.
3.To provide safe, efficient and cost-effective infrastructure and public services to
the citizens to the citizens of La Porte.
4.To ensure that all capital improvements made in La Porte are of safe design that
meets current engineering standards
5.To effectively convey desired expectations regarding minimum design standards
established for the development of property.”
6.To ensure public safety with regard to buildings and other structures
7.To ensure public health with regard to environmental problems.
3.Encourage a departmental culture of problem solving, assisting all customers with
solutions and overcoming impediments, rather than focusing on minor technicalities.
Increase the staff’s understanding of the customer’s schedule and financing constraints;
“time is money” is a true adage. Inculcate an attitude of collaboration with citizens and
customers, instead of power and control, to overcome the “god syndrome” reported by
some customers.
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i.Conduct periodic all-employee meetings to reinforce departmental
philosophies-mission, guiding principles and goals.
Weekly divisional meetings are held to identify issues and formulate solutions.
Additionally, an all-employee meeting to convey new department mission
statement, guiding principles and primary objectives has been held.
ii.Conduct periodic employee organizational development exercises to overcome
existing internal trust and communication barriers.
The department is scheduling appropriate teamwork and communication
training.
iii.Use a more structured new employee orientation and training/mentoring
system to ensure new employees adopt and express the desired customer
service philosophies.
The department orients its new employees within a mentoring system to
express the desired customer service philosophy.
4.Establish and enforce a culture of mutual respect between the City Council, Planning
Commission, staff, and customers.
i.Conduct facilitated sessions between the City Council to determine the Council’s
collective leadership philosophy regarding economic development within the
City.
ii.Conduct facilitated sessions between the City Council, Planning & Zoning
Commission and staff to deliver that philosophy as well as align the actions the
Commission and staff need to take within their respective authorities.
iii.Meet periodically with customers to ensure that philosophy is both conveyed
and is in line with community needs.
iv.Conduct regular follow up sessions with Council, Commission and staff to ensure
long-term alignment.
Department welcomes a facilitated session between City Council, the Planning and
Zoning Commission, and staff regarding economic development philosophy and
department authority. The department would convey the agreed upon philosophy to
the public through periodic communication forums.
5.Establish an understanding that staff will be supported by City Council and
management when making judgment calls consistent with the agreed upon “common
22 Planning Department Review Mueller Management/Ron Cox Consulting
sense” parameters. As stated earlier, frank discussions between City Council and staff
should allow for the development of common understandings of how flexible the staff
can be in interpreting code issues, and better define “common sense” answers to issues
that do not overstep authority of the staff or provide the basis for discriminatory
decision making.
Department welcomes facilitated guidance regarding the degree of flexibility the staff
should have to achieve “common-sense” decision making when interpreting code
issues.
6.Establish Planning Commission bylaws and rules of procedure including such topics as:
i.Conflict of interest, participation, abstentions, and voting.
ii.Differentiate member roles for zoning, site plan, platting, and administrative
functions of the Commission.
iii.Define and enforce appropriate protocol and decorum expectations.
iv.Ensure Commission members are availed of training and education
opportunities.
v.Establishing a schedule and process for periodic review of codes and ordinances
directly related to the work of the Planning Commission.
I.Departmental Cohesiveness
Findings
There is an internal tension between the divisions of the department that may cause
communication errors and process difficulties. A lack of cohesion could easily translate to processes
not functioning as efficiently as possible and customers experiencing difficulty.
Recommendations
1.Change the name of the department to “Planning and Development” or
“Development Services”, or similar to better reflect the overall mission and
responsibilities of the department. A divide between the Inspections and
Planning/Engineering Divisions has been identified. One possible cause for the divide is
the name of the department does not represent all aspects of the department. There is
a Planning Division, which has only one member, within the Planning Department.
There is an Engineering Division that is not identified at all within the department. The
name of the department implies that planning is its primary function, which tends to
diminish the perceived importance of the other divisions within the department. A
different name for the department would be more inclusive of all departmental
functions and could serve as a first step in reducing internal tensions.
23 Planning Department Review Mueller Management/Ron Cox Consulting
It is recommended the Department name be changed to “Planning and Development”
to better reflect the overall mission and activity of the Department, as suggested by
the consultant.
2.Establish one staff member, with a department-wide focus, responsible for
shepherding applications through all phases from inception to final acceptance. This
person should be charged with communicating all steps and prerequisite permits, for a
particular project at the pre-development meeting. This person should be empowered
with the authority to make judgments (common sense decisions), to reconcile conflicting
inter-division requirements and to facilitate timely and successful completion of
projects.
Currently, applicants with complex projects must interact serially with the various
divisions and multiple contact persons. This system allows staff members to be more
concerned with their individual processes/permits rather than on a department-wide
focus of achieving an overall successful and timely project for the applicant, further
dividing the department. From the applicant’s perspective, there is an internal, rules-
based focus as opposed to an external project-completion focus.
The City Engineer/Inspections Supervisor has been established as the position having
the authority to shepherd applicants through the processes.
3.Establish clear lines of responsibility/accountability for the various permitting
processes. Define an “approver” and “reviewer(s)” for each major process. Establish
and enforce accountability for each employee’s role. Enforcing accountability will
reduce the need for other employee’s to fill gaps. When employees have to fill voids
created by others, resentment between employees is generated; process is slowed; and
customers experience conflicting guidance, confusion, and frustration.
Approvers and reviewers have been defined for each major process. Accountability for
those roles will be enforced.
4.Develop a review and comment system that will resolve all issues prior to meeting
with the customer. Recognize that individuals involved with inspections, code
enforcement, and engineering generally tend to be more “left-brained” and logically-
oriented, and individuals involved with planning-related fields generally tend to be more
“right-brained” and creative-oriented. When employees interact with other members
of the department, recognizing these different perspectives will facilitate
communication and problem-solving. Resolving differences in perspective internally
24 Planning Department Review Mueller Management/Ron Cox Consulting
before presenting the department’s official interpretations to the customer should both
expedite the process and enhance the quality of service to the customer.
White paper description of process reorganization addresses that issues will be
resolved amongst staff prior to interaction with customers. This cohesiveness will
ensure consistent messages to the applicants.
J.Trust
Findings
There is a lack of trust between some members of the department resulting in staff members
overcompensating for the deficiencies they perceive. This situation becomes evident to customers,
creating confusion and uncertainty as to the correct staff direction to follow. Processes are not as
efficient as they could be due to the gaps and overlaps caused by ad-hoc modifications made in
response to these patterns.
Recommendations
1.Establish a culture of greater trust and open communication among the staff members
of the department.
i.One outward sign of a lack of trust within the department are the examples of
one division needing a sign-off from another division before a process can
proceed. These situations appear to be based more on self-protection than on
actual documented procedural requirements.
ii.Organizational development exercises to identify gaps in trust with a plan of
action on closing those gaps should have the effect of extending better service
to the customers.
D epartment will schedule organizational development exercises to identify gaps in
trust amongst staff.
2.Establish a culture of greater trust and open communication between the staff and
City Council. Earlier recommendations spoke to City Council and staff working together
to determine their working relationship for customer complaints, code revisions, and
overall economic development philosophy. Resolution of these issues through frank
discussion and clear directives also allows for open communication and the building of
trust between the groups.
Department welcomes a frank discussion of directives for open communication.
25 Planning Department Review Mueller Management/Ron Cox Consulting
3.Revise the monthly and quarterly report format to emphasize communication of
successes, problems, and obstacles in lieu of purely statistical data. The statistical
portions of the reports should be augmented to provide more context such as current
month versus same month previous year; or year-to-date versus same date previous
year. This format provides more meaningful benchmark type information to both the
management and City Council and helps measure progress and/or provide information
on gaps that need to be closed.
K.Code Recommendations
Findings
The zoning code and development ordinance were reviewed in light of opportunities to reinforce
improvements recommended under the themes identified during the departmental review. This
review was focused on items that may be an impediment to efficient processing of applications and
the ease of use from the customer’s perspective. This review was not intended to be the exhaustive
review that should be conducted to ensure the codes are consistent with the recently adopted
update of the comprehensive plan.
Recommendations
1.Zoning Code Recommendations:
i.106-62. Planning & Zoning Commission Membership and Structure
The current Commission size and appointment method is atypical. Appointment
of members by district may promulgate any district tensions that may exist at
the Council level and may be an impediment to a city-wide planning
perspective. The Commission should be a more typical seven members with the
only condition that they are qualified voters of the City and appointments made
by a majority vote of the entire City Council. The Commission should select its
own chairperson and other officers. The City Council should consider
advertising vacancies on the Board as broadly as possible, requiring an
application form, and conducting interviews of applicants before appointment.
ii.106-64 (10) Bylaws and Rules of Procedure
This section permits the Commission to establish bylaws and rules of procedure.
The staff should prepare drafts of such documents for review and consideration
by the Commission.
iii.106-65 Review of Chapter
This section requires an annual review by the Commission of the zoning and
development ordinances. The staff should establish an annual schedule and
lead the effort to present proposed revisions to the Commission.
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iv.106-87 Board of Adjustment Rules
If not already in place, the staff should prepare rules of procedure for review
and consideration by the Board.
v.106-333 Table B, Residential Area Requirements, footnote 12
It is unclear to which “building setback” (front, rear, side) and to which land use
type this opaque screening requirement applies.
vi.106-333 Table B, Residential Area Requirements, footnote 14
This footnote requires an additional 25-foot “buffer” between multi-family and
single-family developments. It is unclear if this buffer is intended to be
landscaping only or if parking, for example, is allowed within the buffer.
vii.106-334 Special Use Performance Standards; Residential
Generally: There are a variety of special conditions in this section that relate
back to other underlying zoning districts. These conditions should be cross-
referenced back to the underlying districts, so that the reader can be aware of
these requirements.
viii.106-334 Special Use Performance Standards; Residential; Subsection (a)
Subsection (a) of this section requires landscape buffers, but it is unclear as to
when or where this buffer requirement applies.
ix.106-441 Table A, Commercial Uses
This table uses SIC codes to delineate uses. Staff should develop an alternate
table using NICS codes for consideration.
x.106-444 Special Use Performance Standards; Commercial; Subsection (a.1)
Subsection (a.1) of this section requires planting strips, but it is unclear as to
when or where this requirement applies.
xi.106-444 Special Use Performance Standards; Commercial; Subsection (a.3)
This subsection requires certain parking lots to be screened; if the requirement
is intended to apply to the front of such parking lots, the required six-foot
height is excessive. This subsection also requires manufactured housing parks
and subdivisions to be screened from abutting uses, but it is unclear if the
screening requirement is the responsibility of the commercial owner or the
manufactured housing/subdivision owner. Additionally, for large commercial
lots that are only partially developed, this screening requirement should only
apply if the site is developed in proximity to the abutting use.
xii.106-441 Table A, Industrial Uses
This table uses SIC codes to delineate uses. Staff should develop an alternate
table using NICS codes for consideration.
xiii.106-637 Procedures for establishing a PUD; Subsection (c)
The individual items on the list of 12 submittal requirements should be optional
if the specific item is not applicable to the scope or context of the project site.
xiv.106-637 Procedures for establishing a PUD; Subsection (h)
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The code should be modified to allow certain development authorizations to be
issued prior to final approval of the PUD and all related general plans and plats.
This will facilitate construction phasing on large or complex projects. Examples
of early permits that should be allowed include clearing and grading, detention,
and utilities, provided that the corresponding subset of the plans have been
approved prior to commencement of construction.
xv.106-659 PUD Special Regulations and Procedures; Subsection (b.3)
The requirement that “a sufficient amount of useable open space is provided” is
ambiguous and should be quantified. Developers generally prefer a specific
regulation so they do not have to guess and negotiate the requirement.
xvi.106-678 PUD Building Height
The maximum building height limitation should be removed to provide
additional flexibility. Surrounding residential properties are still protected via
the setback requirements of Section 106-696(c.2).
xvii.Article V: Supplementary District Regulations
Generally: There are a variety of special conditions in this Article that relate
back to various underlying zoning districts. These conditions should be cross-
referenced back to the underlying districts, so that the reader can be aware of
these requirements.
xviii.106-801 Tree Preservation
Various terms should be defined, such as “native tree”, “protected tree”, and
“replacement tree”. Subsection (b) prohibits the destruction of any native tree
greater than six-inch diameter; however, Section 106-802 allows removal of a
protected tree as part of a building permit if the tree is replaced with
replacement trees. There is a conflict in this language as it appears all tree
removal is prohibited, but also allowed under certain conditions.
xix.106-835 Design Standards
This section including all related figures should be consolidated into the Public
Improvements Criteria Manual or a new Private Improvements Criteria Manual,
as applicable. These moves will consolidate technical criteria, allow easier
updating as warranted by new conditions or technology, and give the staff
greater flexibility in granting “common sense” exceptions when needed to
expedite a project.
2.Development Ordinance recommendations:
i.General Comments:
1.The Development Ordinance should be codified to eliminate the need
for customers and staff to cross-reference multiple ordinance revisions
to determine the full code requirements.
2.Submittal copies: References to submittal or distribution of a specific
number of copies of various documents (general plans, plats, etc.)
28 Planning Department Review Mueller Management/Ron Cox Consulting
should be removed from the ordinance and established by separate
policy so that staff can readily update the requirements based on the
latest needs.
3.Submittal dates: References to specific submittal deadlines should be
removed from the ordinance and established by separate policy so that
staff can readily update the requirements based on the latest needs.
Additionally, as previously discussed, submittal and re-submittal
deadlines and review time goals should be established and published by
staff. References to statutory Planning Commission action deadlines
should remain in the ordinance.
4.Appendices: Staff should have the authority to update the appendices
(technical specifications and procedures) as new conditions warrant.
This can be accomplished by adding a section to the ordinance
authorizing staff to update the appendices or by removing the
appendices from the ordinance and placing them in the criteria manual.
Regardless of which method is chosen, any staff changes to the
appendices should only be effective after an appropriate notice and
waiting period, say 30 days, after posting the proposed change on the
website.
5.Update the references to “Director of Community Development”, which
is an outdated title. Use “City Manager or designee” to make the
reference more generic and flexible.
6.Do not put building setback lines on plats inside the city limits; rely on
zoning ordinance to establish setbacks to avoid potential conflicts.
ii.4.00 Sketch Plans
The submittal of sketch plans is optional so it should be removed from the code.
Additionally, the intent of the sketch plan review process will be accomplished
more fully if the pre-development meeting recommendations are implemented.
iii.4.01 (D) Official General Plan
The code states that an approved general plan expires after one year if a plat
has not been filed and upon written notice to the subdivider. This potentially
creates a gray area if the city fails to send the written notice. The general plan
should simply expire after one year without notice. Further, this section allows
the subdivider to request a one-year extension, but does not stipulate if the
extension is automatically approved or if the Commission needs to act to
approve the request.
iv.4.03 (C) PreliminaryPlats: Effect of Approving Authority Action
The code states that an approved preliminary plat expires after one year if a
final plat has not been filed and upon written notice to the subdivider. This
potentially creates a gray area if the city fails to send the written notice. The
preliminary plat should simply expire after one year without notice. Further,
29 Planning Department Review Mueller Management/Ron Cox Consulting
this section allows the subdivider to request a one-year extension, but does not
stipulate if the extension is automatically approved or if the Commission needs
to act to approve the request.
v.4.04 (D) Final Plats: Recordation and Construction of Public Improvements
The code states that an approved final plat expires after one year if a
construction of the public improvements has not commenced and upon written
notice to the subdivider. This potentially creates a gray area if the city fails to
send the written notice. The final plat approval should simply expire after one
year without notice. Further, this section allows the subdivider to request a
one-year extension, but does not stipulate if the extension is automatically
approved or if the Commission needs to act to approve the request.
Additionally, an alternative should be provided to allow the subdivider to submit
a performance bond for completion of the public improvements if they wish to
record the plat before the public improvements are completed.
vi.5.01 General Street Standards
Table 5-2 (Street Geometric Design Standards) should be moved to the Public
Improvement Criteria Manual.
vii.5.01 (J) Alleys
The City should consider the practice of continuing to allow new alleys to be
platted. Based on the prior complications and cost of maintaining alleys, the
provision of alleys, at a minimum, should be at the discretion of the City rather
than the developer.
viii.5.04 Building Lines
The building line requirements in this section should be consolidated into the
Zoning Ordinance to avoid conflicts and the need to cross-reference multiple
locations to find the same information. Setbacks applicable to the ETJ should be
specifically specified.
ix.10.00 Fees and Charges
The fee schedule should be pulled from this ordinance and combined with other
city fees in a consolidated fee ordinance that can be readily revised on an
annual basis or as needed.
x.12.00 Open Space and Park Dedication
State laws regarding park dedication requirements have been updated
subsequent to 1985 when the Development Ordinance was adopted. This
section should be reviewed for conformance with current law. Additionally, the
fee in lieu of dedication should be removed from this section and combined
with other fees for easier updating as needed.
3.Other Code Recommendations:
i.Industrial District water and sewer agreements are calculated based on number
of employees – Need an alternate method because the number of employees is
30 Planning Department Review Mueller Management/Ron Cox Consulting
often not known at the time the agreements are prepared, particularly in the
case of companies starting new operations within the City.
ii.Comprehensive Plan sidewalk requirements: Develop a specific list of streets to
which the sidewalk requirements apply and corresponding sidewalk criteria;
place these requirements in the Development Ordinance.
iii.Resolve questions about whether or not fill dirt permits should be required for
projects involving fewer than five loads.
iv.Establishing minimum finished floor elevations for infill development in the
floodplain could be accomplished with a pier and beam requirement rather than
by utilizing dirt fill to minimize the perception of run-off impacts on neighboring
properties.
v.Several focus group members suggested the removal of the requirement for
gates on dumpster enclosures as being impractical ineffective.
vi.Staff has compiled a list of proposed ordinance updates based on recent
experiences. This list should be presented to the Commission for review and
recommendation to City Council.
III. Conclusion
The consulting team believes implementation of these recommendations will move the City toward its
goals of improving the customer service responsiveness, efficiency, and effectiveness. We appreciate
this opportunity to be of service to the City and we are available for questions or additional
engagements to assist with the implementation phase.
31 Planning Department Review Mueller Management/Ron Cox Consulting
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 14, 2013
____N/A________
Source of Funds:
_Traci Leach______
Requested By:
Account Number:_______________
Department: __Administration ____________
Amount Budgeted: ______________
Report: _X_Resolution: ____Ordinance: __
Amount Requested:
Budgeted Item: YES NO
Exhibits:
1.Strategic Plan Update
SUMMARY & RECOMMENDATION
At the April 8, 2013 meeting of City Council,the final version of the Strategic Planwas presented,
which included a more detailed listing of action items associated with each goal and objective, plus
the addition of four additional goals incorporated by staff.
In order to provide Council with timelyupdates, staff will be providing a quarterly update outlining
the progress made towards the stated goals and objectives. Highlighted information indicates that
a timeline was changed from the previous update. The updated status report is attached as an
exhibit.
Staff will be available to respond to questions.
___________________________________________________________________________
Action Required of Council:
Receive report.
Approved for City Council Agenda:
_________________________________________________________
Corby D. Alexander, City ManagerDate
Council Agenda Item
October 14,2013
8.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Fiscal Affairs Committee Meeting, Monday, October 28, 2013
City Council Meeting, Monday, October 28, 2013
Zoning Board of Adjustment Meeting, Thursday, October 24, 2013
City Council Meeting, Monday, November 11, 2013
9. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies–Councilmembers Martin, Moser,
Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, and Mayor Rigby.
10.EXECUTIVE SESSION
The City Council reserves the right tomeet 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.
11. RECONVENE
into regular session and consider action, if any, on item(s) discussed in
executive session.
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Council Agenda Item
October 14, 2013
12.ADJOURN
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