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HomeMy WebLinkAbout10-27-14 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKTOMMY MOSER Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember At Large BCouncilmember At Large B MIKE CLAUSEN Councilmember District 6Councilmember District 6 DANNY EARP Councilmember District 1Councilmember District 1 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 27, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 27, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION ––The invocation will be given by Reid Morgan, St. John's Episcoal Church.The invocation will be given by Reid Morgan, St. John's Episcoal Church. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE ––The Pledge of Allegiance will be led by Councilmember Chuck The Pledge of Allegiance will be led by Councilmember Chuck Engelken.Engelken. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation Proclamation -- Robert (Bob) McLaughlin Day Robert (Bob) McLaughlin Day -- Mayor Rigby Mayor Rigby (b) Presentation Presentation -- The City of La Porte The City of La Porte--Distinguished Budget Presentation Award Distinguished Budget Presentation Award -- Mayor Rigby Mayor Rigby (c) Presentation Presentation -- 2013 Comprehensive Annual Financial Report 2013 Comprehensive Annual Financial Report -- Mayor Rigby Mayor Rigby (d) Presentation Presentation -- 2013 Popular Annual Financial Report 2013 Popular Annual Financial Report -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a) Consider approval or other action regarding minutes of regular meeting held on October 13, Consider approval or other action regarding minutes of regular meeting held on October 13, 2014 2014 -- P. Fogarty P. Fogarty (b) Consider approval or other action awarding Bid No. 14033 for the West D Street Drainage Consider approval or other action awarding Bid No. 14033 for the West D Street Drainage Improvements in the amount of $88,305.50 plus a 12 percent contingency with a total Improvements in the amount of $88,305.50 plus a 12 percent contingency with a total allocation for the construction contract equal to $98,900.00 allocation for the construction contract equal to $98,900.00 -- D. Mick D. Mick (c) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the westernmost portion of the alley in Block 50, La Porte, retaining a 16 footthe westernmost portion of the alley in Block 50, La Porte, retaining a 16 foot--wide water and wide water and sanitary sewer easement within the area to be closed sanitary sewer easement within the area to be closed -- T. Tietjens T. Tietjens (d) Consider approval or other action regarding an Ordinance vacating, abandoning and closing a Consider approval or other action regarding an Ordinance vacating, abandoning and closing a portion of the North 3rd Street Rightportion of the North 3rd Street Right--ofof--Way and the alley in Block 330, La Porte, Harris Way and the alley in Block 330, La Porte, Harris County, Texas County, Texas -- T. Tietjens T. Tietjens (e) Consider approval or other action regarding an amendment to the Meet and Confer Consider approval or other action regarding an amendment to the Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association to Agreement between the City of La Porte and the La Porte Police Officers' Association to clarify procedures used to determine the annual market adjustment and updated pay scales clarify procedures used to determine the annual market adjustment and updated pay scales for officers, sergeants, and lieutenants for officers, sergeants, and lieutenants -- K. Adcox K. Adcox (f) Consider approval or other action regarding an Ordinance amending the City of La Porte's Consider approval or other action regarding an Ordinance amending the City of La Porte's Fiscal Year 2013Fiscal Year 2013--14 Budget for $329,700.00 in the Grant Fund for the HOME Grant 14 Budget for $329,700.00 in the Grant Fund for the HOME Grant - Phase II. (The agreement was approved by City Council at the July 28, 2014, meeting)(The agreement was approved by City Council at the July 28, 2014, meeting) - M. Dolby (g) Consider approval or other action to utilize DIR Contract DIRConsider approval or other action to utilize DIR Contract DIR--SDD 1951 for the lease of City SDD 1951 for the lease of City (This item was pulled at the October 13, 2014 (This item was pulled at the October 13, 2014 desktop computers and laptops desktop computers and laptops -- J. Suggs J. Suggs meeting)meeting) (h) Consider approval or other action authorizing the City Manager to execute a purchase Consider approval or other action authorizing the City Manager to execute a purchase agreement in the amount of $62,165.88 for three (3) Stryker Power Load Systems to be agreement in the amount of $62,165.88 for three (3) Stryker Power Load Systems to be funded from Emergency Services District Fund (034) funded from Emergency Services District Fund (034) -- R. Nolen R. Nolen 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to deny Special Conditional Use Permit # 14Commission to deny Special Conditional Use Permit # 14--91000001 for CST Brands, Inc., on 91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP. behalf of Port Crossing Land LP. -- E. Ensey E. Ensey (b) Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte by granting Special Conditional Use Permit # the Code of Ordinances of the City of La Porte by granting Special Conditional Use Permit # 1414--91000001 to CST Brands, Inc., on behalf of Port Crossing Land LP for the purpose of 91000001 to CST Brands, Inc., on behalf of Port Crossing Land LP for the purpose of developing a convenience store and gas station at the southwest corner of State Highway 146 developing a convenience store and gas station at the southwest corner of State Highway 146 south and Wharton Weems Blvd south and Wharton Weems Blvd -- E. Ensey E. Ensey (c) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an update to the Future Land Use Plan component of the Commission to approve an update to the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use classification for 1.0833 Comprehensive Plan of the City of La Porte to change future land use classification for 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from Commercial to Large acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from Commercial to Large Lot Residential Lot Residential -- E. Ensey E. Ensey (d) Consider approval or other action regarding an Ordinance adopting an update to the Future Consider approval or other action regarding an Ordinance adopting an update to the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use classification for 1.0833 acre tract of land located at 11814 N. P Street and 1502 land use classification for 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from Commercial to Large Lot Residential Sens Rd. from Commercial to Large Lot Residential -- E. Ensey E. Ensey (e) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve Rezone Request 14Commission to approve Rezone Request 14--92000002 for the rezoning of a 1.0833 acre tract 92000002 for the rezoning of a 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Land Lot (LL) Land Lot (LL) -- E. Ensey E. Ensey (f) Consider approval or other action regarding an Ordinance amending Chapter 106, 'Zoning' of Consider approval or other action regarding an Ordinance amending Chapter 106, 'Zoning' of the Code of Ordinances of the City of La Porte by changing the zoning classification for a the Code of Ordinances of the City of La Porte by changing the zoning classification for a 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Land Lot (LL) Commercial (GC) to Land Lot (LL) -- E. Ensey E. Ensey 8.REPORTSREPORTS (a) Receive report of Fiscal Affairs Committee Receive report of Fiscal Affairs Committee -- Councilmember Engelken Councilmember Engelken (b) Receive report of La Porte Development Corporation Board Meeting Receive report of La Porte Development Corporation Board Meeting -- Councilmember Councilmember EngelkenEngelken (c) Receive Quarterly Strategic Plan Update Receive Quarterly Strategic Plan Update -- T. Leach T. Leach (d) Receive Quarterly Delinquent Tax Report Receive Quarterly Delinquent Tax Report -- T. Leach T. Leach (e) Receive Animal Shelter and Adoption Center Report Receive Animal Shelter and Adoption Center Report -- R. McPhail R. McPhail (f) Receive Drainage Report Receive Drainage Report -- B. Eng B. Eng (g) Receive the Quarterly Planning Department Audit Report Receive the Quarterly Planning Department Audit Report -- T. Tietjens T. Tietjens 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS • La Porte Development Corporation Board Meeting, Monday, November 10, 2014La Porte Development Corporation Board Meeting, Monday, November 10, 2014 • City Council Meeting, Monday, November 10, 2015City Council Meeting, Monday, November 10, 2015 • City Council Meeting, Monday, December 8, 2014City Council Meeting, Monday, December 8, 2014 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Engelken, Earp, Clausen, Martin, Moser, Kaminski, Councilmembers Engelken, Earp, Clausen, Martin, Moser, Kaminski, Zemanek Leonard and Mayor RigbyZemanek Leonard and Mayor Rigby 11.EXECUTIVE SESSIONEXECUTIVE SESSION Texas Government Code, Section 551.072Texas Government Code, Section 551.072 -- For the purpose of deliberating the purchase, exchange, For the purpose of deliberating the purchase, exchange, lease, or value of real property: former Parks and Wildlife Building surronding property.lease, or value of real property: former Parks and Wildlife Building surronding property. Texas Government Code, Section 551.074Texas Government Code, Section 551.074 -- Personnel Matters: Deliberation concerning the appointment, Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City ManagerAlexander, City Manager 12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive session.session. 13.ADJOURNADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In 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 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 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the October 27, 2014, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the October 27, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on October 21, 2014 .Hall bulletin board on October 21, 2014 . Council Agenda Item Council Agenda Item October 27, 2014 October 27, 2014 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Reid Morgan, St. John's Episcoal Church.The invocation will be given by Reid Morgan, St. John's Episcoal Church.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Chuck The Pledge of Allegiance will be led by Councilmember Chuck Engelken.Engelken.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Proclamation Proclamation -- Robert (Bob) McLaughlin Day  Robert (Bob) McLaughlin Day -- Mayor Rigby Mayor Rigby (b)Presentation Presentation -- The City of La Porte The City of La Porte--Distinguished Budget Presentation Award Distinguished Budget Presentation Award -- Mayor Rigby Mayor Rigby (c)Presentation Presentation -- 2013 Comprehensive Annual Financial Report 2013 Comprehensive Annual Financial Report -- Mayor Rigby Mayor Rigby (d)Presentation Presentation -- 2013 Popular Annual Financial Report 2013 Popular Annual Financial Report -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** Whereas, Bob McLaughlin was born September 13, 1932, in Beaumont, Texas, but called LaPorte, Texas, his home. After graduating from high school, Bob went to Wharton Junior College on a baseball scholarship, before joining the U.S. Army in January, 1953. Upon returning from active duty in the Korean War, Bob worked for DuPont at their La Porte facility for 37 years and retired in 1992; and Whereas, After retiring hmber of their Board of Directors. He was very active with the Bay Area Heritage Society and the La Porte Chamber of Commerce. When his sons were young, he spent countless hours coaching baseball and football for their little league teams. Bob was also an avid sportsman and loved fishing and duck hunting and during his lifetime made many long lasting friendships; and Whereas, Bob was a member of the La Porte Volunteer Fire Department from 1967 to 1974, and he was the La Porte Fire Marshal and a certified Peace Officer from 1975 to 1986. Bob also served his community as a La Porte City Councilman from 1989 to 1998. Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, do hereby proclaim October 27 as th Bob McLaughlin Day IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 27 day of October, 2014. th CITY OF LA PORTE ___________________________ Louis R. Rigby, Mayor Distinguished Budget Presentation Award The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that the City of La Porte, Texas has received the GFOA’s Distinguished Budget Presentation Award for its annual budget for the fiscal year beginning October 1, 2013. The award represents a significant achievement by the City. It reflects the commitment of the City Council and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City’s budget serves as (1) a policy document; (2) a financial plan; (3) an operations guide, and (4) a communicationsdevice. Budget documents must be rated “proficient” in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. For budgets including fiscal period 2013,over 1,400participants have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The City of La Porte has received this award since 1990. The Government Finance Officers Association is a nonprofit professional association serving nearly 18,000government finance professionals throughout North America. The GFOA’s Distinguished Budget Presentation Awards Program is the only national th awards program in governmental budgeting. This is the twenty-fourth (24) consecutive year that the city has received this prestigious award. City staff currently responsible for budget presentation include: City Manager’s Office, Directorof FinanceMichael Dolby, Treasurer Shelley Wolnyand Accountant Gay Collins. Request Photo and Press Release COMPREHENSIVE ANNUAL FINANCIAL REPORT CERTICATION The Certificate of Achievement for excellence in Financial Reporting has been awarded to the City of La Porte by the Government Finance Officers Association of the United States and Canada for its annual comprehensive annual financial report (CAFR) for the fiscal year 2013. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the d motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago Illinois and Washington, DC. The City of La Porte has received this prestigious award for thirty-three consecutive years. Council Agenda Item Council Agenda Item October 27, 2014 October 27, 2014 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding minutes of regular meeting held on October 13, Consider approval or other action regarding minutes of regular meeting held on October 13, 2014 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action awarding Bid No. 14033 for the West D Street Drainage Consider approval or other action awarding Bid No. 14033 for the West D Street Drainage Improvements in the amount of $88,305.50 plus a 12 percent contingency with a total Improvements in the amount of $88,305.50 plus a 12 percent contingency with a total allocation for the construction contract equal to $98,900.00 allocation for the construction contract equal to $98,900.00 -- D. Mick D. Mick (c)Consider approval or other action regarding an Ordinance vacating, abandoning, and closing Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the westernmost portion of the alley in Block 50, La Porte, retaining a 16 footthe westernmost portion of the alley in Block 50, La Porte, retaining a 16 foot--wide water and wide water and sanitary sewer easement within the area to be closed sanitary sewer easement within the area to be closed -- T. Tietjens T. Tietjens (d)Consider approval or other action regarding an Ordinance vacating, abandoning and closing a Consider approval or other action regarding an Ordinance vacating, abandoning and closing a portion of the North 3rd Street Rightportion of the North 3rd Street Right--ofof--Way and the alley in Block 330, La Porte, Harris Way and the alley in Block 330, La Porte, Harris County, Texas County, Texas -- T. Tietjens T. Tietjens (e)Consider approval or other action regarding an amendment to the Meet and Confer Consider approval or other action regarding an amendment to the Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association to Agreement between the City of La Porte and the La Porte Police Officers' Association to clarify procedures used to determine the annual market adjustment and updated pay scales clarify procedures used to determine the annual market adjustment and updated pay scales for officers, sergeants, and lieutenants for officers, sergeants, and lieutenants -- K. Adcox K. Adcox (f)Consider approval or other action regarding an Ordinance amending the City of La Porte's Consider approval or other action regarding an Ordinance amending the City of La Porte's Fiscal Year 2013Fiscal Year 2013--14 Budget for $329,700.00 in the Grant Fund for the HOME Grant 14 Budget for $329,700.00 in the Grant Fund for the HOME Grant - Phase II. (The agreement was approved by City Council at the July 28, 2014, meeting)(The agreement was approved by City Council at the July 28, 2014, meeting)- M. Dolby (g)Consider approval or other action to utilize DIR Contract DIRConsider approval or other action to utilize DIR Contract DIR--SDD 1951 for the lease of City SDD 1951 for the lease of City desktop computers and laptops desktop computers and laptops -- J. Suggs J. Suggs (This item was pulled at the October 13, 2014 (This item was pulled at the October 13, 2014 meeting)meeting) (h)Consider approval or other action authorizing the City Manager to execute a purchase Consider approval or other action authorizing the City Manager to execute a purchase agreement in the amount of $62,165.88 for three (3) Stryker Power Load Systems to be agreement in the amount of $62,165.88 for three (3) Stryker Power Load Systems to be funded from Emergency Services District Fund (034) funded from Emergency Services District Fund (034) -- R. Nolen R. Nolen ****************************************************************** ****************************************************************** LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A TOMMY MOSER DOTTIE KAMINSKI Councilmember District 4 Mayor Pro Tem JAY MARTIN Councilmember At LargeB Councilmember District 5 DANNY EARP MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 13, 2014 Monday,October13, 2014, The City Council of the City of La Porte met in aregular meetingon at the City 6:00 p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Earp, Zemanek, Moser, Engelken, Leonard and Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, andAssistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Michael Thannisch,Congregation Benim Avraham. 3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Daryl Leonard. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation Rosemarie Harmon Day Mayor Rigby Mayor Rigby presented a proclamation to Rosemarie Harmon in appreciation of her notable achievements and valuable service to the City of La Porte. (b) Presentation Lifesaving Awards Mayor Rigby Mayor Rigby presented Lifesaving Awards to Cassie Briscoe, Thomas Dees and Dan Rager. EMS Chief Ray Nolen thanked EMS personnel, Cassie Briscoe, Thomas Dees and Dan Rager for the roles they played in saving Mr. She. 5.PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, thanked Council for the street lights near the high school and suggested the need for sidewalks for the kids walking to and from school. Rhonda Lunsford, 10280 N. H, addressed Council in regards to the LED Digital Billboard and provided ideas for usage of the billboard. Nolan Allen, 10730 N. Ave L, addressed Council in regards to the LED Digital Billboard and informed he is in the outdoor advertising business. Mr. Allen advised he is concerned with the types of advertisement on the billboard and competing with the City as a taxpayer and a business owner. 112 Page of October 13, 2014, Council Meeting Minutes Mike Henley, 201 S. Blackwell, addressed Council in regards to advertisement on the LED Digital Billboard andencouraged Council to decide on a reasonable method for advertisement. Dave Klingman, 3810 Pecan Circle, addressed Council in regards to the LED Digital Billboard and suggested it would be beneficial for the City to maintain usage of the sign. 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 the Regular Meeting held on September 22, 2014 S. Harris (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 regarding purchase of consolidated card access system J. Suggs (d) Consider approval or other action authorizing the City Manager to approve a lease agreement with Dell Computers to replace laptop and desktop computers J. Suggs (e) Consider approval or other action authorizing the City Manager to approve the purchase of Microsoft Office 2013 through SHI Government Solutions Inc. J. Suggs (f) Consider approval or other action authorizing the City Manager to approve quote from Datavox to replace routers and switches utilizing a DIR contract J. Suggs (g) Consider approval or other action regarding an Ordinance authorizing the execution by the City of La Porte of an Industrial District Agreement with GSL Partners Sub 50, LLC K. Powell (h) Consider approval or other action regarding a Resolution authorizing the resale of certain tax delinquent properties located in Block 1125, Lots 26, 27, & 28, Block 1129, Lot 16, Town of La Porte K. Powell (i) Consider approval or other action utilizing the BuyBoard contract for uniform rental and cleaning services through G&K Services C. Daeumer (j) Consider approval or other action authorizing the City Manager to execute an Agreement Letter for provision of Emergency Medical Services with companies located within the Battleground Industrial District for the City of La Porte EMS R. Nolen (k) Consider approval or other action authorizing the City Manager to execute an Agreement Letter for provision of Emergency Medical Services with the companies located within the Association of Bayport Companies for the City of La Porte EMS R. Nolen (l) Consider approval or other action authorizing an order for the fourth fire truck in the 5-truck series purchase agreement with Sutphen Corporation for an additional 1.5% for the additional safety equipment D. Ladd 212 Page of October 13, 2014, Council Meeting Minutes (m) Consider approval or other action awarding Bid No. 14031 for Self Contained Breathing Apparatus D. Ladd (n) Consider approval or other action authorizing the City Manager to enter into a cost share grant agreement with TxDot Aviation to fund eligible airport maintenance and half of the cost of the Spencer Highway frontage sign D. Mick (o) Consider approval or other action authorizing the City Manager to enter into an Interlocal Agreement with Harris County Precinct 2 for (8) mowing cycles to the Brookglen Subdivision parcels owned and maintained by Harris County Flood Control District D. Mick Regarding item E, Mayor Rigby advised that City Manager Corby Alexander suggested the item be voted on separately. Regarding item C, Councilmember Earp questioned whether 64 card readers are a sufficient amount for future technology use. Emergency Management Coordinator Jeff Suggs es. Regarding item D, Councilmember Earp advised Council pull the item and suggests Emergency Management Coordinator Jeff Suggs negotiate pricing with Dell for the lease of City desktops and computers. Regarding item H, Councilmember Zemanek questioned the location of the property. Finance Director ndth responded S. 2 and S. 7 Streets. Regarding item N, Councilmember Zemanek questioned if airport maintenance was included in the recent budget proceedings. Public Works Director Dave Mick responded staff proceeded to move forward with maintenance items now and apply for grant applications. Councilmember Zemanek questioned the 50% contingency. Mr. Mick responded the Federal Aviation Administration has identified obstructions to be addressed, and the 50% contingency is an approximate amount. Councilmember Clausen moved to approve Consent Agenda Items A, B, C, F, G, H, I, J, K, L, M, N and MOTION PASSED. Opursuant to staff recommendations. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Engelken,Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Ordinance 2014-3540: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL PARTNERS SUB 51, LLC, A TEXAS CORPORATION (9655 NEW CENTURY DR) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Earp moved to postpone Consent Agenda Item D to the next meeting when information MOTION PASSED. is available. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None 312 Page of October 13, 2014, Council Meeting Minutes Absent: None Emergency Management Coordinator Jeff Suggs presented a summary for Consent Agenda Item E, the purchase of Microsoft Office 2013 Standard instead of Professional with a cost savings of approximately $26,000.00. Councilmember Clausen questioned if the upgrade is a one-year license. Emergency Management Coordinator Jeff Suggs responded it is a volume license. Councilmember Martin questioned whether Office 365 is an option for the City. Emergency Management Coordinator Jeff Suggs stated he did not think so because of the limited features. Councilmember Zemanek stated there are 90 computers that will not be upgraded and asked why. Emergency Management Coordinator Jeff Suggs responded not all of the computers at the community centers require the Microsoft Office 2013 upgrade, and some employees have already been upgraded to the Microsoft Office 2013. Councilmember Earp moved to purchase Standard Microsoft Office 2013 instead of Professional MOTION PASSED. Microsoft Office 2013. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding condemnation of eight (8) substandard buildings R. Davidson Deputy Building Official Russell Davidson presented a summary and advised Council the homeowner of 3322 Clarksville has established a plan of action for the property, and he has received a voluntary th consent to demolish property at 316 N. 5 Street. Mr. Davidson stated the City has five voluntary consents to demolish, and they are expected to be demolished this week. The public hearing was opened at 6:54 p.m. Rufina Lopez119 S. Carroll St., and advised she is in the process of obtaining estimates for foundation repair to determine whether the home is repairable. Her son did not state his name while addressing Council. Mayor Rigby questioned how much time is needed. The son responded two months. Mayor Rigby asked if the work can be completed in sixty days. The son responded yes if the foundation is fine to proceed with repairing the home; if not, they will sign a voluntary consent to demolish the home. Councilmember Zemanek asked whether the home is on a concrete foundation or pier and beam. The son responded pier and beam Gilbert Diaz, 500 W. Main, addressed Council and advised he has been trying to repair the structure for three years and seven months and has not been able to obtain a permit from the City to begin repairs. Mr. Diaz informed he has been fined for not making repairs, was told the building will be demolished; 412 Page of October 13, 2014, Council Meeting Minutes and he feels it is unfair. In addition, Mr. Diaz requested Council review the plans and advised it will take two weeks for architectural designs and another three weeks for structural engineers. Councilmember Zemanek asked Mr. Diaz who told him the structure will be destroyed. Mr. Diaz responded the previous owner, owner of Kings BBQ. Councilmember Zemanek askedMr. Diaz if the City is continually denying his permits. Mr. Diaz responded yes. Councilmember Zemanek requested initial permit was denied due to repairs being 50 percent more than the value of structure and requested the Inspections Department to provide information of any other permits being denied. Planning and Development Director Tim Tietjens informed the City has not received any permits or reviewable drawings and has requested the owners come into the City for permits. Councilmember Zemanek questioned when the rear of the building was demolished and the current HCAD value of the building. City Manager Corby Alexander responded the rear of the building was demolished three months ago. Mr. Diaz advised Council he can get the building up to code. Councilmember Zemanek commented to Mr. Diaz, he has two concerns. One, the City telling him not to get a permit; and two, what is the reason for taking this long. Mr. Diaz responded he can get the building up to code. City Manager Corby Alexander advised the current HCAD improvements valuation is $42,539.00, approximately $46,000.00 is the value of the land,with a total of $88,464.00 for land and improvements. Councilmember Moser questioned Planning and Development Director Tim Tietjens when the Zoning Board of Adjustment ruled the building can be saved and whether plans were brought into the City. Mr. Tietjens responded the ruling was in 2012; and according to staff, the City has not seen a draft set of plans. Councilmember Clausen questioned Mr. Diaz according to the plans he passed out to Council, which part of the building does he plan to save; and which part will be demolished. Mr. Diaz responded he will tear out the back portion and build 22 feet backwards, with all of the building the same level. Mr. Diaz advised if Council wants improving to 50% of the value of the building, he can comply; and he can also build something nice, as well. Diana Diaz, 500 W. Main, addressed Council and advised that in the beginning of the process they met with two City Inspectors and were given a list of items to be done in order to proceed with the building. Ms. Diaz advised the property has been surveyed, tested for asbestos, and the property taxes are paid. She feels it has been an unfair battle with three City permits being denied. Councilmember Zemanek questioned Ms. Diaz if she recalls coming before City Council a year ago and being asked to demolish the rear of the building. Ms. Diaz responded yes, and the rear of the building has been demolished. Councilmember Zemanek questioned how many times in the last calendar year has she come into the City to request permits. Mr. Diaz informed he met with the City Mana about two months ago and requested a permit be issued. In addition, Mr. Diaz advised he had a permit application at the time but did not turn it into the Inspections Department. Councilmember Zemanek advised Mr. Diaz a permit application must be submitted to the City in order for a permit to be issued. 512 Page of October 13, 2014, Council Meeting Minutes Planning and Development Director Tim Tietjens requested to provide information that was secured during the meeting. Mr. Tietjens advised there are three permit applications on file that were denied prior to the 2012 City Council Meeting or the Planning and Zoning50 percent ruling. permit. Randy Cernosek, 303 S. Iowa St., addressed Council and requested he be allowed 30days to repair the carport structure. Councilmember Clausen questioned Mr. Cernosek why did it take this action to get him to begin repairs. Mr. Cernosek responded he has not worked on the carport recently but requests 30days to get the carport repaired. The public hearing closed at 7:31 p.m. The public hearing was re-opened at 7:32 p.m. to allow additional comments from the public. es advised his parents purchased the property over a year ago knowing there are issues. Mr. Perales provided Council a list of plans with the back garage and kitchen cabinets demolished. Mr. Perales advised it will take 60 days to bring the property up to code, and estimated the garage can take up to 4 months. The public hearing closed at 7:43 p.m. (b) Consider approval or other action regarding Ordinances authorizing the condemnation of seven (7) substandard buildings R. Davidson Councilmember Martin made a motion to move forward with the condemnation process of the three (3) substandard buildings,with the exception of 303 S. Iowa; 500 W. Main; 119 S. Carroll St.; and 3322 Clarksville,granting the four (4) properties a sixty (60) day extension to get their permits in order. Councilmember Leonard seconded. Ordinance 2014-3541: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE DECLARING A MOBILE HOME STRUCTURE AND TWO ACCESSORY STORAGE BUILDINGS LOCATED ADJACENT TO SAID MOBILE HOME STRUCTURE LOCATED AT BLK 5, LT 75 & 75, SPENCER HIGHWAY ESTATES, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED; FINDING THAT FRANCES DAVID TURRENTINE & LINDA DAVIS GARNER (C/O DOROTHEA F. HILL, DECEASED) ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S) ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. 612 Page of October 13, 2014, Council Meeting Minutes Ordinance 2014-3542: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE DECLARING A MOBILE HOME STRUCTURE AND TWO ACCESSORY STORAGE BUILDINGS LOCATED ADJACENT TO SAID MOBILE HOME STRUCTURE ALL LOCATED ON THE SOUTHWEST PORTION OF BLK 6, LT 92 & 93 SPENCER HIGHWAY ESTATES, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED; FINDING THAT ELISEO GUZMAN AND MARIA S. CAMPOS ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S) ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Ordinance 2014-3543: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE DECLARING THE BUILDING WITH ATTACHED STORAGE SHED LOCATED AT BLK 73, LT 17&18,BAY FRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED; FINDING THAT JEANETTE LA FOSSE & GILGERT VILLA ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S) ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Councilmember Zemanek questioned Planning and Development Director Tim Tietjens if any of the four properties with a motion on the table for a sixty (60) day extension have been on the dangerous buildings list prior tothis time. Planning and Development Director Tim Tietjens responded yes, 500 W. Main,3322 Clarksville, and 119 S. Carroll. 712 Page of October 13, 2014, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Leonard and Martin Nays: Councilmembers Moser, Kaminski, Zemanek and Earp Absent: None MOTION PASSED. 8. AUTHORIZATIONS (a) Consider approval or other action regarding an Ordinance authorizing the donation of Lots 23 & 24, Block 648, Town of La Porte, Lots 31 & 32 of Block 648, Town of La Porte and Lots 16 & 17 of Block 22, Bayfront to La Porte, Harris County, Texas, to Bay Area Habit of Humanity Houston, Inc., for the construction of affordable housing T. Tietjens Planning and Development Director Tim Tietjens presented a summary. Councilmember Moser moved to authorize the donation of Lots 23 & 24, Block 648, Town of La Porte, Lots 31 & 32 of Block 648, Town of La Porte and Lots 16 & 17 of Block 22, Bayfront to La Porte, Harris County, Texas, to Bay Area Habit of Humanity Houston, Inc., for the construction of affordable housing. MOTION PASSED. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Clausen, Earp, Engelken, Martin, Leonard and Kaminski Nays: None Absent: None Ordinance 2014-3541: Prior to Council vote, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 23 AND 24, BLOCK 648, TOWN OF LA PORTE, AND LOTS 16 AND 17 OF BLOCK 22, BAYFRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BAY AREA HABITAT TO HUMANITY-HOUSTON, INC., A TEXAS NON-PROFIT CORPORATION, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Consider approval or other action authorizing the Human Resources Manager to execute an agreement with Aetna to incorporate into City Retiree Health Insurance Coverage the Post 65 Medicare Advantage Plan A. Curry Human Resources Manager Allison Curry presented a summary. Councilmember Moser moved to authorize the Human Resources Manager to execute an agreement with Aetna to incorporate into City Retiree Health Insurance Coverage the Post 65 Medicare Advantage MOTION PASSED. Plan.Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Clausen, Earp, Engelken, Martin, Leonard and Kaminski Nays: None Absent: None 9. DISCUSSION OR OTHER ACTION 812 Page of October 13, 2014, Council Meeting Minutes (a) Discussion or other action regarding Galveston Bay Foundation Project C. Alexander City Manager Corby Alexander provided a summary and introduced Bob Stokes, Executive Director of Galveston Bay Foundation; and he gave a presentation regarding the Galveston Bay Foundation Project for construction of a new Galveston Bay Foundation Headquarters and Education Center. Councilmember Leonard questioned Mr. Stokes if the Galveston Bay Foundation currently works with any groups at La Porte High School. Mr. Stokes responded the Education Director does work with La Porte students, and they are always looking for more opportunities to expand with students. Councilmember Martin questioned Mr. Stokes if the Galveston Bay Foundation was classified as tax exempt and if they intend to pay any property taxes. Mr. Stokes responded Galveston Bay Foundation is 501(c)(3) Tax Exempt; and the intention is not to pay taxes but to generate sales taxes with the questioned who are the stakeholders for Galveston Bay Foundation? Mr. Stokes responded, the entire community; different facilities along the bay; and they work with local communities doing projects. Councilmember Martin questioned if there is a financing plan in place. Mr. Stokes responded the plan is to raise money for the purchase; they have access to capital to ultimately pay cash. Councilmember Martin questioned if there is an interest in a lease agreement. Mr. Stokes responded the goal is to own; but if the city is interested in a lease, heis open to discussion. Councilmember Martin questioned if the Galveston Bay Foundation owned the property, how accessible will it be to individuals? Mr. Stokes responded they will have programs for adults and children with access along the water. Councilmember Moser questioned if Galveston Bay Foundation has a position on the Ike Dike. Mr. Stokes responded the Galveston Bay Foundation is absolutely supportive of the discussion of storm surge suppression and does not take a position pro or con on either the Centennial Gate or the Ike Dike because neither are completely studied at this time. Councilmember Zemanek questioned the anticipated capital outlay for the Galveston Bay Foundation Project. Mr. Stokes responded between $12-14 million; up to $4 million for land purchase; approximately $5 million for construction; $1 million to be invested in education activities. Mayor Rigby questioned City Manager Corby Alexander if the project will be discussed in Executive Session and a possible decision reached after reconvening. City Manager Corby Alexander responded yes. (b) Discussion or other action regarding appointment to the La Porte Area Water Authority P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Moser moved to appoint Charlie Perry to the La Porte Area Water Authority. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Moser, Clausen, Earp, Engelken, Martin, and Kaminski Nays: None Absent: None th (c) Discussion or other action regarding renaming N. 5 Street to Martin Luther King, Jr., Blvd. C. Alexander 912 Page of October 13, 2014, Council Meeting Minutes City Manager Corby Alexander presented a summary. th Councilmember Zemanek questioned how many properties abut either side of N. 5 Street, and how many are controlled by the City. City Manager Corby Alexander responded 66 abut, andhe would have to confirm how many are controlled by the City. Councilmember Moser moved to give the City Manager authority to sign the petition to rename th MOTION PASSED. N. 5 Street to Martin Luther King, Jr., Blvd. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Moser, Clausen, Engelken, Martin, and Kaminski Nays: Councilmember Earp Absent: None (d) Discussion or other action regarding LED Digital Billboard Mayor Rigby Mayor Rigby opened the discussion. Councilmember Earp requested an update on the cost of $285,000.00 for the LED Digital Billboard, inquiring whether the quote is outdated. Assistant City Manager Traci Leach provided an update and informed the quote was from November 2013 from a billboard company for a one-sided digital sign with the size and dimensions, including $25,000.00 for land acquisition. Councilmember Earp asked about the proposed location for the billboard. Ms. Leach responded the feeder of Fairlane St. and Highway 146. Councilmember Earp commented he would like to see a detailed business plan before spending money on a billboard. Councilmember Leonard commented he has a concern with the price being from 2013, and there may be legal issues with the sign having to be available for all businesses to advertise. Assistant City Manager Traci Leach advised Council that staff is in need of direction from Council for gathering information for the cost. Councilmember Zemanek questioned if the city ordinance allows construction for the size and location of the billboard. Assistant City Manager Traci Leach responded yes. City Manager Corby Alexander advised if Council is interested in the concept of an LED Digital Billboard, staff will obtain information onthis item back at a later date. Councilmember Moser moved to move forward with a concept and allow staff to come back with MOTION pricing; policy proposal; ideas; and any legal issues. Councilmember Martin seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Earp, Engelken, Leonard, Moser, Engelken, Martin, and Kaminski Nays: Councilmember Clausen Absent: None 10. ADMINISTRATIVE REPORTS Zoning Board of Adjustment Meeting, Thursday, October 23, 2014 Page 10 of 12 October 13, 2014, Council Meeting Minutes Fiscal Affairs Committee Meeting, Monday, October 27, 2014 La Porte Development Corporation Board Meeting, Monday, October 27, 2014 City Council Meeting, Monday, October 27, 2014 Planning and Zoning Commission Meeting, Thursday, October 30, 2014 There were no additional reports. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. Councilmember Leonard congratulated Rosemarie Harmon for receiving a proclamation and the recipients of the Life Saving Awards;Councilmember Engelken also congratulated Rosemarie Harmon for receiving a proclamation; recipients of the Life Saving Awards and welcomed City Secretary Patrice Fogarty back to Council meetings; Councilmember Earp also congratulated Rosemarie Harmon for receiving a proclamation; recipients of the Life Saving Awards; welcomed City Secretary Patrice Fogarty back to meetings; thanked Emergency Management Coordinator Jeff Suggs and City Manager Corby Alexander for their assistance with the computer savings; and requested an update on the Animal Shelter and Adoption Center and noted it has been 400 days, today, since the beginning of construction; Councilmember Clausen deferred to cilmember Martin congratulated Rosemarie Harmon for receiving a proclamation; recipients of the Life Saving Awards; reported he attended the TML Conference and gave kudos to Golf Course Manager Alex Osmond and staff for the Bayforest Junior Golf Championship with over 80 players and $6500 being raised in revenue for the City; Councilmember Moser congratulated Rosemarie Harmon for receiving a proclamation; recipients of the Life Saving Awards and gave kudos to the City of Emergency First Responders; Councilmember Kaminski congratulated Rosemarie Harmon for receiving a proclamation; recipients of the Life Saving Awards and welcomed City Secretary Patrice Fogarty back to meetings; comments on the City of La Porte Emergency First Responders, reported the La Porte Police Officers Association Golf Tournament is this Friday; the Salute to Industry Golf Tournament has been rescheduled to October 22, 2014, and welcomed back City Secretary Patrice Fogarty; and Mayor Rigby congratulated recipients of the Life Saving Awards; thanked the City of La Porte Emergency First Responders, and reported the car show held on W. Main was a nice events despite the rain on Saturday. 12.EXECUTIVE SESSION: The City 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 Texas Government Code, Section Government Code, including, but not limited to, the following: 551.072 For the purpose of deliberating the purpose of the purchase, exchange, lease or value of real property: Klein Retreat property and former Happy Harbour property. City Council recessed the regular Council meeting to convene an executive session at 9:08 p.m. forthe purpose of deliberating the purchase, exchange, lease or value of real property: Klein Retreat property and former Happy Harbour property. 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 9:47 p.m. Page 11 of 12 October 13, 2014, Council Meeting Minutes Regarding the executive session pertaining to Section 551.072,For the purpose of deliberating the purchase, exchange, lease or value of real property: Klein Retreat property and former Happy Harbour property,Councilmember Zemanek moved authorize the City Manager to meet and negotiate with MOTION Galveston Bay Foundation for the property discussed. Councilmember Leonard seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski, Engelken, Zemanek, Earp, and Leonard Nays: Councilmember Martin Absent: None 14. ADJOURN There being no further business, the meeting adjourned at 9:49 p.m. _______________________________ Patrice Fogarty, City Secretary Passed and approved on October 27, 2014. ________________________________ Mayor Louis R. Rigby 1212 Page of October 13, 2014, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Drainage (019) Drainage (019) D. Mick D. Mick Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Public Works Public Works Department: 120,000 120,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $98,900 (contract) $98,900 (contract) Other: Amount Requested:Amount Requested: $7,000 (incidentials) $7,000 (incidentials) Attachments :Attachments : Budgeted Item:Budgeted Item:YESYESNONO 1. Plan Sheet1. Plan Sheet 2. Bid Tabulation2. Bid Tabulation 3. Engineers Recommendation3. Engineers Recommendation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The West D Street Ditch Improvement project includes reshaping the drainage ditch located in the unimproved The West D Street Ditch Improvement project includes reshaping the drainage ditch located in the unimproved thth West D Street rightWest D Street right--ofof--way between Hwy 146 S and 8way between Hwy 146 S and 8 Street. The FY 15 project budget is $120,000. Street. The FY 15 project budget is $120,000. (Note: The project bid packet was titled (Note: The project bid packet was titled ““Broadway and D Street Drainage ProjectBroadway and D Street Drainage Project””. . The West D Street The West D Street improvement (only) is included with this bid. The city/consultant design services contract includes this West D improvement (only) is included with this bid. The city/consultant design services contract includes this West D Street ditch improvement and along with future storm drainage improvements on S. Broadway to be designed and Street ditch improvement and along with future storm drainage improvements on S. Broadway to be designed and constructed with a future project.)constructed with a future project.) Bid #14033 was advertised in the Bay Area Observer on Sept 25 & Oct 2, posted on Public Purchase, City of La Bid #14033 was advertised in the Bay Area Observer on Sept 25 & Oct 2, posted on Public Purchase, City of La Porte’s website and Civcast. Staff received three bids, which were opened October 10, 2014. Brooks Concrete s website and Civcast. Staff received three bids, which were opened October 10, 2014. Brooks Concrete Inc. submitted the lowest qualified bid at $88,305.50. Previous Brooks Concrete Inc. projects completed for the Inc. submitted the lowest qualified bid at $88,305.50. Previous Brooks Concrete Inc. projects completed for the city include the FY 13 Shady River Road and the FY 13 concrete street and drainage repair projects. Staff city include the FY 13 Shady River Road and the FY 13 concrete street and drainage repair projects. Staff recommends the award to Brooks Concrete in the amount $88,305.50 plus a 12% contingency for a total allocation recommends the award to Brooks Concrete in the amount $88,305.50 plus a 12% contingency for a total allocation for the construction contract equal to $98,900.00. for the construction contract equal to $98,900.00. thth Benefits: The existing channel slope is flat and the storm sewer outfalls outletting at 8 The existing channel slope is flat and the storm sewer outfalls outletting at 8 Street partially silted in. Street partially silted in. The existing 1:1 to 1.7:1 slopes along the south bank is unstable and prone to erosion. The project design includes The existing 1:1 to 1.7:1 slopes along the south bank is unstable and prone to erosion. The project design includes a concrete flowline to accommodate streets division equipment needed to better maintain the flowline and concrete a concrete flowline to accommodate streets division equipment needed to better maintain the flowline and concrete slopes on the south side to support the south ditch slope. slopes on the south side to support the south ditch slope. Liabilities of Status Quo:Liabilities of Status Quo: The south embankment, also supporting the north end of the parking lot curb located The south embankment, also supporting the north end of the parking lot curb located thth at the top of the bank, is sloughing and unstable. The silt buildat the top of the bank, is sloughing and unstable. The silt build--up at the discharge end of the 8up at the discharge end of the 8 Street storm Street storm sewers and the 6sewers and the 6’’x 6x 6’’inlet at Hwy 146 S may negatively impact the storm water capacity of these facilities. inlet at Hwy 146 S may negatively impact the storm water capacity of these facilities. Operating Costs:Operating Costs: No appreciable difference for the life of the improvements. No appreciable difference for the life of the improvements. Other Considerations: Other Considerations: thth Public Works plans to utilize a Streets Division crew to remove silt from the 8Public Works plans to utilize a Streets Division crew to remove silt from the 8 Street storm sewer outlets Street storm sewer outlets and from the 6and from the 6’’x6x6’’box. box. Additional costs associated with this project include $3,000 for materials testing and up to $4,000 for an Additional costs associated with this project include $3,000 for materials testing and up to $4,000 for an attachment for existing city equipment or equipment rental to aid city crew efforts to remove the silt from attachment for existing city equipment or equipment rental to aid city crew efforts to remove the silt from the 6’x 6x 6’’box. box. Action Required of Council:Action Required of Council: Consider approval or other action for the award of Bid No. 14033 to Brooks Construction Consider approval or other action for the award of Bid No. 14033 to Brooks Construction Inc. for the West D Street Drainage Improvements in the amount of $88,305.50 plus a 12% Inc. for the West D Street Drainage Improvements in the amount of $88,305.50 plus a 12% contingency with a total allocation for the construction contract equal to $98,900.00.contingency with a total allocation for the construction contract equal to $98,900.00. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate /// O H / / / O H / / / O H / / / /// /// O H /// /// /// O H /// / // /// /// // / /// /// /// O H // // O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H O H Page 1 G. W. Phillips Concrete Construction, $ 179,900.00 22,000.0012,000.002,000.003,000.0030,000.003,550.0072,550.00$ $ 91.00 88,998.0093,398.002,750.008,802.002,400.00 $ $ 40.00 4,400.00 $ 13,952.00 165,948.00 $ $ $ $ $ $ $ Item DescriptionUnitQuantityUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price $ $ $ $ $ $ Bidder No. 3 Inc. $$ $ $ 55.00 $ 9.00 $ $ 200.00 $ 143,593.64 Aztec Remodeling & Landscaping 48,000.004,473.0064,473.0063,128.0010,992.72 500.001,000.00500.00$ $ 56.00 54,768.00$ $ 76.00 8,360.003,000.001,999.92 10,000.00 $ 15,992.64 127,601.00 $ $ $ $ $ $ $ $ Bidder No. 2 Co. $$ $ $ 0.63 $ $ 60.00 $ $ 11.24 $ $ 166.66 10,000.001,000.00500.00 500.0048.00 $ $ $ $$ $ 88,305.50 3,000.006,500.004,500.001,000.0013,000.003,550.0031,550.00SY978 $ 43.00 42,054.008Bank Sand, 3” Compacted in Place (02320)TON110 $ 20.00 2,200.0044,254.003,500.006,601.502,4 00.00 75,804.0012,501.50 $ $ $ $ $ Brooks Concrete Inc. $ Bidder No. 1 $$ SF7,100 $ 0.50 CY50 $ 70.00 SY978 $ 6.75 TON12 $ 200.00 3,000.006,500.004,500.001,000.00 13.00 $ $ $ $ $ 5Excavation, earthwork and Grading (02315)CY1000 LS1LS1LS1LS1 Project Name: Broadway & D Street Drainage Project SUBTOTAL EXTRA WORK ITEM D:\\cfa\\2014\\12022.Broadway_&_D\\ENG\\Bid Phase\\Bid Tab Drainage Flexterra Flexible Growth Medium – FGM 3,500 TOTAL BID PRICE SUBTOTAL GENERAL Remove and Dispose of Unsuitable Subgrade, Cement Stabilized Sand for Subgrade Repair; SUBTOTAL PAVING Concrete Slope Paving – 4 1/2” thick with #3 Complete in Place (Engineer's Approval 24” Lime Stabilized Subgrade (02336) BASE BID ITEM SUBTOTAL bars 18” O.C. EA. Way (02775) 2Clearing and Grubbing (02233) Bid Date: October 10, 2014 4Trench Safety (01561) EXTRA WORK ITEMS Client: City of La Porte 3SWPPP Protection 3Lime (8%) (02336) BASE BID ITEMS lbs/AC (02921) 1Mobilization GENERAL Required) PAVING No. Item 671 Page 1 G. W. Phillips Concrete Construction, $ 179,900.00 22,000.0012,000.002,000.003,000.0030,000.003,550.0072,550.00$ $ 91.00 88,998.0093,398.002,750.008,802.002,400.00 $ $ 40.00 4,400.00 $ 13,952.00 165,948.00 $ $ $ $ $ $ $ Item DescriptionUnitQuantityUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price $ $ $ $ $ $ Bidder No. 3 Inc. $$ $ $ 55.00 $ 9.00 $ $ 200.00 $ 143,593.64 Aztec Remodeling & Landscaping 48,000.004,473.0064,473.0063,128.0010,992.72 500.001,000.00500.00$ $ 56.00 54,768.00$ $ 76.00 8,360.003,000.001,999.92 10,000.00 $ 15,992.64 127,601.00 $ $ $ $ $ $ $ $ Bidder No. 2 Co. $$ $ $ 0.63 $ $ 60.00 $ $ 11.24 $ $ 166.66 10,000.001,000.00500.00 500.0048.00 $ $ $ $$ $ 88,305.50 3,000.006,500.004,500.001,000.0013,000.003,550.0031,550.00SY978 $ 43.00 42,054.008Bank Sand, 3” Compacted in Place (02320)TON110 $ 20.00 2,200.0044,254.003,500.006,601.502,4 00.00 75,804.0012,501.50 $ $ $ $ $ Brooks Concrete Inc. $ Bidder No. 1 $$ SF7,100 $ 0.50 CY50 $ 70.00 SY978 $ 6.75 TON12 $ 200.00 3,000.006,500.004,500.001,000.00 13.00 $ $ $ $ $ 5Excavation, earthwork and Grading (02315)CY1000 LS1LS1LS1LS1 Project Name: Broadway & D Street Drainage Project SUBTOTAL EXTRA WORK ITEM D:\\cfa\\2014\\12022.Broadway_&_D\\ENG\\Bid Phase\\Bid Tab Drainage Flexterra Flexible Growth Medium – FGM 3,500 TOTAL BID PRICE SUBTOTAL GENERAL Remove and Dispose of Unsuitable Subgrade, Cement Stabilized Sand for Subgrade Repair; SUBTOTAL PAVING Concrete Slope Paving – 4 1/2” thick with #3 Complete in Place (Engineer's Approval 24” Lime Stabilized Subgrade (02336) BASE BID ITEM SUBTOTAL bars 18” O.C. EA. Way (02775) 2Clearing and Grubbing (02233) Bid Date: October 10, 2014 4Trench Safety (01561) EXTRA WORK ITEMS Client: City of La Porte 3SWPPP Protection 3Lime (8%) (02336) BASE BID ITEMS lbs/AC (02921) 1Mobilization GENERAL Required) PAVING No. Item 671 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. Utility Easement2. Utility Easement 3. Special Warranty Deeds3. Special Warranty Deeds 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City has received and processed an application from Mr. Hadi Pirzadeh and Mr. Behrous Zamani to vacate, The City has received and processed an application from Mr. Hadi Pirzadeh and Mr. Behrous Zamani to vacate, abandon and close the westernmost portion of the east/west alley in Block 50, La Porte (see Area Map).  The abandon and close the westernmost portion of the east/west alley in Block 50, La Porte (see Area Map).  The applicants desire this closing to facilitate future development of their property.applicants desire this closing to facilitate future development of their property.  Staff’s review of the application has determined an existing 3s review of the application has determined an existing 3””waterline and an 8waterline and an 8””sanitary sewer line are located sanitary sewer line are located within the subject alley for which a water and sanitary sewer easement will be retained by the City.  Centerpoint within the subject alley for which a water and sanitary sewer easement will be retained by the City.  Centerpoint Energy, Comcast and AT&T have each reviewed the closing and issued letters of no objection.  Energy, Comcast and AT&T have each reviewed the closing and issued letters of no objection.    In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the alley been  In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the alley been conducted to determine fair market value.  The appraisal has established a value of $5.00 per square foot.  The conducted to determine fair market value.  The appraisal has established a value of $5.00 per square foot.  The City has subsequently received payment in the amount of $7,380 (75% of Fair Market Value per the ordinance) City has subsequently received payment in the amount of $7,380 (75% of Fair Market Value per the ordinance) City has subsequently received payment in the amount of $7,380 (75% of Fair Market Value per the ordinance) City has subsequently received payment in the amount of $7,380 (75% of Fair Market Value per the ordinance) for the closing. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance or other action vacating, abandoning, and closing the Consider approval or other action of an ordinance or other action vacating, abandoning, and closing the westernmost portion of the alley in Block 50, La Porte; retaining a 16 footwesternmost portion of the alley in Block 50, La Porte; retaining a 16 foot--wide water and sanitary sewer wide water and sanitary sewer easement within the area to be closed and authorizing the City Manager to execute a deed to the adjacent owners easement within the area to be closed and authorizing the City Manager to execute a deed to the adjacent owners for the subject alley.for the subject alley. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate EXHIBIT “A” (16’ Water & Sanitary Sewer Easement in Block 50, La Porte) Being a 0.045acre tract of land (1,968 square feet) situated in Block 50, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the southwest corner of Lot 9, Block 50, La Porte, said point being located at the intersection of the north line of the alley in Block 50, th La Porte and the east line of the North 11 Street Right-of-Way (60’ wide); THENCE in an easterly direction, along the south line of Lot 9, Block 50, La Porte, a distance of 125 feet to a point located at the southeast corner of Lot 9, Block 50, La Porte; THENCE in a southerly direction, a distance of 8 feet to a point located on the centerline of the alley in Block 50, La Porte; THENCE in a westerly direction, along the centerline of the alley in Block 50, La Porte, a distance of 4 feet; THENCE in a southerly direction, a distance of 8 feet to a point marking the intersection of the south line of the alley in Block 50, La Porte and the northeast corner of Lot 15, Block 50, La Porte; THENCE in a westerly direction, along the south line of the alley in Block 50, La Porte, a distance of 121 feet to its intersection with the east line of the th Street Right-of-Way; North 11 th THENCE in a northerly direction along the east line of the North 11 Street Right-of-Way, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract. µ AREA MAP W P O L K S T PROP. ALLEY CLOSING & EASEMENT AIN ST W M 1 inch = 100 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. Utility Easement2. Utility Easement 3. Deeds3. Deeds 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City has received and processed an application from Mr. Marcel Fadi to vacate, abandon and close the North The City has received and processed an application from Mr. Marcel Fadi to vacate, abandon and close the North rd 3 St. Right-ofof--Way between N. Way between N. ““EE””St. and BarbourSt. and Barbour’’s Cut Blvd. and the alley in Block 330, La Porte (see s Cut Blvd. and the alley in Block 330, La Porte (see attached exhibit).attached exhibit). rd  Staff has reviewed the closing request and determined that storm sewer facilities are located within the North 3Staff has reviewed the closing request and determined that storm sewer facilities are located within the North 3 St. Right-of-Way and water and sanitary sewer mains exist within the alley of Block 330, La Porte.  The applicant Way and water and sanitary sewer mains exist within the alley of Block 330, La Porte.  The applicant and adjacent owner have each executed individual easements to the City for these facilities (see attached).  and adjacent owner have each executed individual easements to the City for these facilities (see attached).  Additionally, Centerpoint Energy, AT&T and Comcast have each issued letters of no objection to the closing. Additionally, Centerpoint Energy, AT&T and Comcast have each issued letters of no objection to the closing.  In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the subject rightsIn accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the subject rights-of- way has been conducted to determine fair market value.  The appraisal has established a value of $3.00 per way has been conducted to determine fair market value.  The appraisal has established a value of $3.00 per way has been conducted to determine fair market value.  The appraisal has established a value of $3.00 per way has been conducted to determine fair market value.  The appraisal has established a value of $3.00 per square foot.  The City has subsequently received payment from the applicant in the amount of $86,400 (75% of square foot.  The City has subsequently received payment from the applicant in the amount of $86,400 (75% of Fair Market Value per the ordinance) for the closings.Fair Market Value per the ordinance) for the closings. Action Required of Council:Action Required of Council: rdrd Consider approval or other action regarding an ordinance vacating, abandoning, and closing the North 3Consider approval or other action regarding an ordinance vacating, abandoning, and closing the North 3 St. St. Right-of-Way between North Way between North ““EE””St. and BarbourSt. and Barbour’’s Cut Blvd. and the alley in Block 330, La Porte; authorize s Cut Blvd. and the alley in Block 330, La Porte; authorize approval of utility easements for existing public facilities within the subject rightsapproval of utility easements for existing public facilities within the subject rights--ofof--way and the execution and way and the execution and delivery of deeds to the adjoining landowners.delivery of deeds to the adjoining landowners. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. 2014-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSINGA PORTION OF THENORTH RD 3STREETRIGHT-OF-WAYAND THE ALLEY IN BLOCK 330, LA PORTE, HARRIS COUNTY, TEXAS; RETAININGUTILITY EASEMENTS ANDAUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of all of the property abuttingthe rd hereinafter described portion of the North 3Street Right-of-Way and the alley in Block 330, La Porte,to vacate, abandon, and permanently rd Street Right- close the hereinafter described portion of theNorth 3 of-Way and the alley in Block 330, La Porte, and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter rd describedportion of the North 3Street Right-of-Way and the alley in Block 330, La Porte, isnot suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of rd Street Right-of-Way and hereinafter described portion of the North 3 the alley in Block 330, La Porte,is for the protection of the public and for the public interest and benefit, and that the hereinafter rd Street Right-of-Way and the alley in describedportion of the North 3 Block 330, La Porte,should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described rd Street Right-of-Way and the alley in Block portion of the North 3 330, La Porte, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: EXHIBIT 'B' TO DEED 8 A 44444 4444 4444 44444 PROPOSED CLOSING OF N. 3RD ST. RIGHT-OF-WAY 330 329 105 106 1 inch = 100 feet 8 7A PROPOSED CLOSING ALLEY IN BLOCK 330, LP 4A 44444 444444 44444 4 330 331 329 PROPOSED CLOSING N. 3RD ST. R-O-W 104 105 106 1 inch = 135 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: K. Adcox K. Adcox Requested By: Account Number:Account Number: Police Police Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Amendment to Meet and Confer Agreement1. Amendment to Meet and Confer Agreement 2. Meet and Confer Agreement2. Meet and Confer Agreement 3. New Pay Scale3. New Pay Scale SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS As previously setAs previously set--out in the approved City of La Porte/ La Porte Police Officer Association multiout in the approved City of La Porte/ La Porte Police Officer Association multi--year Meet and year Meet and Confer Agreement, management representatives of the City of La Porte and representatives of La Porte Police Confer Agreement, management representatives of the City of La Porte and representatives of La Porte Police Officers’Association recently met to review median salary adjustments for civil service employees, which took Association recently met to review median salary adjustments for civil service employees, which took effect on October 1, 2014.  During the meetings it was determined that Article III effect on October 1, 2014.  During the meetings it was determined that Article III ““WagesWages””, , Section 2 of the Section 2 of the existing Meet and Confer Agreement should be amended to include a standard procedure, which will assist in the existing Meet and Confer Agreement should be amended to include a standard procedure, which will assist in the consistent calculation of agreed upon market adjustments, which are to take place annually for the remainder of consistent calculation of agreed upon market adjustments, which are to take place annually for the remainder of the agreement (September 30, 2016).  With the exception of this small, procedural amendment, the remainder of the agreement (September 30, 2016).  With the exception of this small, procedural amendment, the remainder of the Meet and Confer Agreement will remain in effect.  The agreement and amendment are pursuant to the the Meet and Confer Agreement will remain in effect.  The agreement and amendment are pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B.  The attached amendment provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B.  The attached amendment has been voted on and approved with 66 for, 3 against and 2 ballots not being returned by the members of the La has been voted on and approved with 66 for, 3 against and 2 ballots not being returned by the members of the La Porte Police OfficersPorte Police OfficersPorte Police OfficersPorte Police Officers’’’’Association and is now being presented to City Council for their consideration and approval.Association and is now being presented to City Council for their consideration and approval.Association and is now being presented to City Council for their consideration and approval.Association and is now being presented to City Council for their consideration and approval.  The amendment would take effect on October 14, 2014 and run through the expiration of the base agreement on The amendment would take effect on October 14, 2014 and run through the expiration of the base agreement on September 30, 2016.  September 30, 2016.   Highlights of the Amendment are: Highlights of the Amendment are: 1.Adding language to coordinate the salary survey with the LPPOA appointed representative and the CityAdding language to coordinate the salary survey with the LPPOA appointed representative and the City’s HR Manager;HR Manager; 2.Clarifying that the Median Salary Worksheet will be utilized to calculate the median minimum and maximum Clarifying that the Median Salary Worksheet will be utilized to calculate the median minimum and maximum salary ranges based on completed salary survey utilizing agreed upon Cities and that the City of La Porte salary ranges based on completed salary survey utilizing agreed upon Cities and that the City of La Porte salaries will not be included when determining that median;salaries will not be included when determining that median; 3.Clarifying the method that will be used to set the minimum and maximum salary for each range;Clarifying the method that will be used to set the minimum and maximum salary for each range; 4.Incorporating a method to determine salaries, should the new rates exceed the set 3% cap of an overall Incorporating a method to determine salaries, should the new rates exceed the set 3% cap of an overall adjustment, by reducing the increase by the same percentage for each step to meet the 3% maximum adjustment, by reducing the increase by the same percentage for each step to meet the 3% maximum overall increase.overall increase.  Additionally, City staff and the Association bargaining team members have met and agreed upon the updated Additionally, City staff and the Association bargaining team members have met and agreed upon the updated proposed pay scales as outlined in Article III, number 3 which is subject to the approval of City Council.proposed pay scales as outlined in Article III, number 3 which is subject to the approval of City Council. Action Required of Council:Action Required of Council:   1.Consider approval or other action of an amendment to the Meet and Confer Agreement between the City Consider approval or other action of an amendment to the Meet and Confer Agreement between the City of La Porte and the La Porte Police Officerof La Porte and the La Porte Police Officer’’s Association to clarify procedures used to determine the s Association to clarify procedures used to determine the annual market adjustment.annual market adjustment. 2.Consider approval or other action of the updated pay scales for officers, sergeants, and lieutenants, as Consider approval or other action of the updated pay scales for officers, sergeants, and lieutenants, as outlined in Article III, number 3.outlined in Article III, number 3.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AMENDMENT TO MEET AND CONFER AGREEMENT SECTION 1 ΛğΜ ΛĬΜ ΛĭΜ ΛķΜ ΛĻΜ ΛŅΜ SECTION 2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A M. Dolby M. Dolby Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. Exhibit A&B2. Exhibit A&B 3. Explanations and Backup3. Explanations and Backup SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City Council adopted the Fiscal Year 2013The City Council adopted the Fiscal Year 2013--14 Budget on September 9, 2013.14 Budget on September 9, 2013.   The Summary of Funds, which is shown below, represents the amendments which council previously approved to The Summary of Funds, which is shown below, represents the amendments which council previously approved to the  FY 2013-14 Budget.  (*denotes funds with current changes)14 Budget.  (*denotes funds with current changes)            Previously Amended Previously Amended BudgetBudget Original BudgetOriginal BudgetProposed Proposed Amended Amended BudgetBudget General Fund                                  $41,447,347$41,447,347$41,647,865$41,647,865$41,647,865$41,647,865   Grant Fund929,986929,9861,082,9541,082,9541,412,6541,412,654** Street Maintenance Sales Tax FundStreet Maintenance Sales Tax Fund1,422,0001,422,0001,422,0001,422,0001,422,0001,422,000   Emergency Services District Sales Tax Emergency Services District Sales Tax 950,920950,920950,920950,920950,920950,920   Fund Hotel/Motel Occupancy TaxHotel/Motel Occupancy Tax579,378579,378693,378693,378693,378693,378   Economic Development CorporationEconomic Development Corporation1,351,1331,351,1331,997,1331,997,1331,997,1331,997,133   Tax Increment Reinvestment ZoneTax Increment Reinvestment Zone2,850,0802,850,0802,850,0802,850,0802,850,0802,850,080   Utility8,122,0748,122,0748,157,0748,157,0748,157,0748,157,074   Airport                                    145,091145,091152,091152,091152,091152,091   La Porte Area Water AuthorityLa Porte Area Water Authority1,138,4311,138,4311,138,4311,138,4311,138,4311,138,431   Motor Pool                               3,153,3283,153,3283,153,3283,153,3283,153,3283,153,328   Insurance 5,648,3645,648,3645,671,0045,671,0045,671,0045,671,004   Fund                                               Technology FundTechnology Fund230,000230,000272,068272,068272,068272,068   General Capital Improvement General Capital Improvement 3,568,0003,568,0003,965,8633,965,8633,965,8633,965,863   Utility Capital Improvement   Utility Capital Improvement   1,168,0001,168,0001,168,0001,168,0001,168,0001,168,000   Sewer Rehabilitation Capital Improvement Sewer Rehabilitation Capital Improvement 570,000570,000570,000570,000570,000570,000   Drainage Improvement FundDrainage Improvement Fund453,000453,000453,000453,000453,000453,000   2010 Certificates of Obligation Bond Fund2010 Certificates of Obligation Bond Fund1,711,8471,711,8471,711,8471,711,8471,711,8471,711,847   General Debt Service                            General Debt Service                            3,859,1253,859,1253,859,1253,859,1253,859,1253,859,125    Utility Debt Service                              Utility Debt Service                              287,044287,044287,044287,044287,044287,044    La Porte Area Water Authority Debt La Porte Area Water Authority Debt La Porte Area Water Authority Debt La Porte Area Water Authority Debt 688,650688,650688,650688,650688,650688,650688,650688,650688 ,650688,650688,650688,650      Service Total of All Funds                         Total of All Funds                         $80,273,798$80,273,798$81,891,855$81,891,855$82,221,555$82,221,555   Action Required of Council:Action Required of Council: Consider approval or other action to adopt an Ordinance Amending Fiscal Year 2013Consider approval or other action to adopt an Ordinance Amending Fiscal Year 2013--14 Budget for 14 Budget for $329,700 in the Grant Fund for the HOME Grant $329,700 in the Grant Fund for the HOME Grant ––Phase II.Phase II.  ((The agreement was approved by City The agreement was approved by City Council at the July 28, 2014 Meeting.Council at the July 28, 2014 Meeting.)) Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 13-14FY 13-14 RevenuesExpenses Governmental Fund Types: General Fund$38,841,726$41,447,347 Grant Fund760,606929,986 Street Maintenance Sales Tax995,7191,422,000 Emergency Services District900,300950,920 Hotel/Motel Occupancy Tax501,500579,378 Economic Development Corporat1,992,9381,351,133 Tax Increment Reinvestment2,605,4492,850,080 Total Governmental Types46,598,23849,530,844 Enterprise: Utility8,050,7508,122,074 Airport56,000145,091 La Porte Area Water Authority1,293,1881,138,431 Total Enterprise9,399,9389,405,596 Internal Service Motor Pool2,549,6433,153,328 Insurance Fund5,772,0815,648,364 Technology Fund322,115230,000 Total Internal Service8,643,8399,031,692 Capital Improvement: General2,172,0003,568,000 Utility1,200,5001,168,000 Sewer Rehabilitation300,500570,000 Drainage Improvement Fund266,500453,000 2010 C/O Bond Fund-1,711,847 Total Capital Improvement3,939,5007,470,847 Debt Service: General4,040,9323,859,125 Utility287,544287,044 La Porte Area Water Authority688,650688,650 Total Debt Service5,017,1264,834,819 Total All Funds$73,598,641$80,273,798 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 13-14FY 13-14 RevenuesExpenses Governmental Fund Types: General Fund$38,841,726$41,647,865 Grant Fund1,238,4141,412,654 Street Maintenance Sales Tax995,7191,422,000 Emergency Services District900,300950,920 Hotel/Motel Occupancy Tax501,500693,378 Economic Development Corporat1,992,9381,997,133 Tax Increment Reinvestment2,605,4492,850,080 Total Governmental Types47,076,04650,974,030 Enterprise: Utility8,050,7508,157,074 Airport56,000152,091 La Porte Area Water Authority1,293,1881,138,431 Total Enterprise9,399,9389,447,596 Internal Service Motor Pool2,549,6433,153,328 Insurance Fund5,772,0815,671,004 Technology Fund322,115272,068 Total Internal Service8,643,8399,096,400 Capital Improvement: General2,324,8633,965,863 Utility1,200,5001,168,000 Sewer Rehabilitation300,500570,000 Drainage Improvement Fund266,500453,000 2010 C/O Bond Fund-1,711,847 Total Capital Improvement4,092,3637,868,710 Debt Service: General4,040,9323,859,125 Utility287,544287,044 La Porte Area Water Authority688,650688,650 Total Debt Service5,017,1264,834,819 Total All Funds$74,229,312$82,221,555 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 28, 2014 Source of Funds:Fund 032 Requested By: Tim Tietjens Account Number:032-9892-519-1100 Department: Planning Amount Budgeted: Report: X Resolution: Ordinance: X Amount Requested:$114,900.00 (reimbursable) Exhibits:Ordinance Budgeted Item:Yes Exhibits: Agreement Exhibits: Exhibits Exhibits: Floor Plan ExhibitsLocation Map ExhibitsHarris County Agreement with Amendment SUMMARY & RECOMMENDATION In March 2014, the City closed out Phase I of the Northside Neighborhood IV HOME Grant Program. In April 2014, the City issued Request for Qualifications #14602 for Phase II of the Northside Neighborhood IV HOME Grant Program. A single response wasreceived from Bayway Homes, Inc. nd Bayway Homes, Inc. will construct a home at 218 N. 2Street, more specifically described as Lots 1-2 of Block 62. The cost to construct this home is $114,900.00. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community Services, as stipulated in Section IV –Payment Procedures of the City’s executed Agreement with Harris County. Council is asked to authorize a contract between the City and Bayway Homes, Inc.to construct Plan #1428 with 1,428sq. ft. Under HOME Program guidelines, eligible applicants must be qualified with an income in the low to moderate range (not exceeding 80% of the area median income). Qualified applicants are then eligible to receive Down Payment Assistance (DAP) inthe amount of $14,200 from the Harris County DAP Program. Project Benefits, Liability and Annual Maintenance Costs Construction of the home is part of an overall project that willprovide affordable housing stock and ongoing renewal to the northside neighborhood. However, in the event the City does not have a qualified buyer at the time home construction is complete, the City will be responsible for costs associated with utilities, mowing/landscaping, and if vandalism occurs, the cost for repairing damage to the structure. Additionally, in accordance with our agreement with Harris County, the home must be sold within 90 days of the Certificate of Occupancy, and if not, it will become an affordable rental unit, which the City would be required to manage. Annual operating costs to manage the unit as a rental property are unknown at this time. Action Required by Council: Approval or other action of an ordinance authorizing an agreement between the City and Bayway Homes, nd Inc. to construct a home at 218 N. 2Streetfor a cost of $114,900.00. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 28, 2014 Source of Funds:Fund 032 Requested By: Tim Tietjens Account Number:032-9892-519-1100 Department: Planning Amount Budgeted: Report: X Resolution: Ordinance: X Amount Requested: $109,900.00 (reimbursable) Exhibits: Ordinance Budgeted Item:Yes Exhibits: Agreement Exhibits: Exhibits Exhibits: Floor Plan ExhibitsLocation Map ExhibitsHarris County Agreement with Amendment SUMMARY & RECOMMENDATION In March 2014, the City closed out Phase I of the Northside Neighborhood IV HOME Grant Program. In April 2014, the City issued Request for Qualifications #14602 for Phase II of the Northside Neighborhood IV HOME Grant Program. A single response wasreceived from Bayway Homes, Inc. rd Bayway Homes, Inc. will construct a home at 524N. 3Street, more specifically described as Lots 5-6 of Block 106. The cost to construct this home is $109,900.00. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request forreimbursement from Harris County Community Services, as stipulated in Section IV –Payment Procedures of the City’s executed Agreement with Harris County. Council is asked to authorize a contract between the City and Bayway Homes, Inc.to construct Plan #1317 with 1,317sq. ft. Under HOME Program guidelines, eligible applicants must be qualified with an income in the low to moderate range (not exceeding 80% of the area median income). Qualified applicants are then eligible to receive Down Payment Assistance (DAP) in the amount of $14,200 from the Harris County DAP Program. Project Benefits, Liability and Annual Maintenance Costs Construction of the home is part of an overall project that will provide affordable housing stock and ongoing renewal to the northside neighborhood. However, in the event the City does not have a qualified buyer at the time home construction is complete, the City will be responsible for costs associated with utilities, mowing/landscaping, and if vandalism occurs, the cost for repairing damage to the structure. Additionally, in accordance with our agreement with Harris County, the home must be sold within 90 days of the Certificate of Occupancy, and if not, it will become an affordable rental unit, which the City would be required to manage. Annual operating costs to manage the unit as a rental property are unknown at this time. Action Required by Council: Approve an ordinance authorizing an agreement between the City and Bayway Homes, Inc.to construct a rd home at 524 N. 3Streetfor a cost of $109,900.00. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 28, 2014 Source of Funds:Fund 032 Requested By: Tim Tietjens Account Number:032-9892-519-1100 Department: Planning Amount Budgeted: Report: X Resolution: Ordinance: X Amount Requested: $104,900 (reimbursable) Exhibits:Ordinance Budgeted Item:Yes Exhibits: Agreement Exhibits: Exhibits Exhibits: Floor Plan ExhibitsLocation Map ExhibitsHarris County Agreement with Amendment SUMMARY & RECOMMENDATION In March 2014, the City closed out Phase I of the Northside Neighborhood IV HOME Grant Program. In April 2014, the City issued Request for Qualifications #14602 for Phase II of the Northside Neighborhood IV HOME Grant Program. A single response wasreceived from Bayway Homes,Inc. rd Bayway Homes, Inc. will construct a home at 520N. 3 Street, more specifically described as Lots 7-8 of Block 106. The cost to construct this home is $104,900.00. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community Services, as stipulated in Section IV –Payment Procedures of the City’s executed Agreement with Harris County. Council is asked to authorize a contract between the City and Bayway Homes, Inc.to construct Plan #1267 with 1,267 sq. ft. Under HOME Program guidelines, eligible applicants must be qualified with an income in the low to moderate range (not exceeding 80% of the area median income). Qualified applicants are then eligible to receive Down Payment Assistance (DAP) in the amount of $14,200 from the Harris County DAP Program. Project Benefits, Liability and Annual Maintenance Costs Construction of the home is part of an overall project that willprovide affordable housing stock and ongoing renewal to the northside neighborhood. However, in the event the City does not have a qualified buyer at the time home construction is complete, the City will be responsible for costs associated with utilities, mowing/landscaping, and if vandalism occurs, the cost for repairing damage to the structure. Additionally, in accordance with our agreement with Harris County, the home must be sold within 90 days of the Certificate of Occupancy, and if not, it will become an affordable rental unit, which the City would be required to manage. Annual operating costs to manage the unit as a rental property are unknown at this time. Action Required by Council: Approve an ordinance authorizing an agreement between the City and Bayway Homes, Inc.to construct a rd home at 520 N. 3Streetfor a cost of $104,900.00. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: IT Budget IT Budget J. Suggs J. Suggs Source of Funds:Source of Funds: Requested By: 00160665192093 00160665192093 Information Technology Information Technology Account Number:Account Number: Department: 105,000 105,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 52,982 52,982 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Dell Financial Services Lease Proposal/Quote1. Dell Financial Services Lease Proposal/Quote 2. DIR Contract No. DIR2. DIR Contract No. DIR--SDDSDD--19511951 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS On October 13, 2014, Council requested that this agenda item be tabled to gather more information to better On October 13, 2014, Council requested that this agenda item be tabled to gather more information to better understand the difference between the online advertised price for desktops and laptops versus the current State of understand the difference between the online advertised price for desktops and laptops versus the current State of Texas Department of Information Resources (DIR) pricing that is available to local governments.  The desktops Texas Department of Information Resources (DIR) pricing that is available to local governments.  The desktops and laptops needed by the City for this round of replacement require certain specifications that are higher end than and laptops needed by the City for this round of replacement require certain specifications that are higher end than consumer grade models.  Some of the computer applications needed by the City are for special services, such as consumer grade models.  Some of the computer applications needed by the City are for special services, such as those needed to support public safety.  The specifications for desktops and laptops the City needs for this those needed to support public safety.  The specifications for desktops and laptops the City needs for this replacement period are attached for reference.  The DIR pricing schedule offers these specified computers at a replacement period are attached for reference.  The DIR pricing schedule offers these specified computers at a reduced price.  The City discussed various features with DELL and was able to identify a small cost savings by reduced price.  The City discussed various features with DELL and was able to identify a small cost savings by reducing minor features users would not need on some of the computer models.  The City believes utilizing the reducing minor features users would not need on some of the computer models.  The City believes utilizing the DIR contract to purchase desktops and laptops will result in the greatest benefit to the City by allowing us to DIR contract to purchase desktops and laptops will result in the greatest benefit to the City by allowing us to purchase the specified computers needed, while still providing an overall cost savings to the City.purchase the specified computers needed, while still providing an overall cost savings to the City.purchase the specified computers needed, while still providing an overall cost savings to the City.purchase the specified computers needed, while still providing an overall cost savings to the City.  In 2008, the City began utilizing a DIR contract with Dell Computers to replace computer workstations In 2008, the City began utilizing a DIR contract with Dell Computers to replace computer workstations throughout the City, including desktops and laptops (See the Exhibits for a copy of DIR Contract Number DIRthroughout the City, including desktops and laptops (See the Exhibits for a copy of DIR Contract Number DIR- SDD-1951). The City entered into a threeThe City entered into a three--year lease agreement with Dell for the computer replacement year lease agreement with Dell for the computer replacement program.  The lease agreement provides the City with continued customer support and maintenance work, when program.  The lease agreement provides the City with continued customer support and maintenance work, when needed.  City Council first approved use of the DIR contract for this project on November 10, 2008.  This lease needed.  City Council first approved use of the DIR contract for this project on November 10, 2008.  This lease would replace 132 computers or roughly 1/3 of the Citywould replace 132 computers or roughly 1/3 of the City’’s fleet of computers.s fleet of computers.  Purchasing items through DIR contracts enables the DIR to leverage the purchasing power of all agencies when Purchasing items through DIR contracts enables the DIR to leverage the purchasing power of all agencies when negotiating contracts with the vendor community.  Utilizing DIR contracts can provide for reduced information negotiating contracts with the vendor community.  Utilizing DIR contracts can provide for reduced information technology costs, decreased administrative costs, and common IT procurement processes.  technology costs, decreased administrative costs, and common IT procurement processes.   The original lease agreement with Dell was for a term of three years.  Under the agreement, oneThe original lease agreement with Dell was for a term of three years.  Under the agreement, one--third of the third of the computer fleet is replaced each year and paid out over a threecomputer fleet is replaced each year and paid out over a three--year period (See the Exhibits for a copy of the year period (See the Exhibits for a copy of the Master Lease Agreement).  The City would like to continue utilizing the DIR contract with Dellfor replacement of Master Lease Agreement).  The City would like to continue utilizing the DIR contract with Dellfor replacement of additional workstations throughout the City.  The goal is to provide the City with new and updated computers additional workstations throughout the City.  The goal is to provide the City with new and updated computers every three years. every three years.   The yearly payment will be $52,981.63 for a total lease payment of $155,352.21 over the threeThe yearly payment will be $52,981.63 for a total lease payment of $155,352.21 over the three--year term, for this year term, for this portion of the computer fleet (See the Exhibits for a copy of the Dell Financial Services Lease Proposal).  The portion of the computer fleet (See the Exhibits for a copy of the Dell Financial Services Lease Proposal).  The cost may vary each year depending on the required level of specialty for each computer (Ex: Engineering, Police cost may vary each year depending on the required level of specialty for each computer (Ex: Engineering, Police laptops, etc.).   Action Required of Council:Action Required of Council: Consider approval or other action to utilize DIR Contract DIRConsider approval or other action to utilize DIR Contract DIR--SDD 1951 for the lease of City desktop computers SDD 1951 for the lease of City desktop computers and laptops.     Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate DELL FINANCIAL SERVICES LEASE PROPOSAL City of La Porte October 15, 2014 Thank you for the opportunity to provide leasing information to you on the proposed acquisition of Dell products. Dell Financial Services (DFS) is a leasing institution fully integrated into Dell Computers’ systems and operations allowing you to benefit from one stop shopping for all your hardware, software, peripherals, service, support, and financing needs. If you have any questions or comments, please don't hesitate to call me at 512-724-5095. Thank you for your interest in Dell Financial Services. Sincerely, Missy Totten Dell Financial Services Fair Market Value LEASE PROGRAM: Lease DellTotal Amount PaymentLease Rate Lease Payments EquipmentUnit PriceQty.Term Quote #FinancedFrequencyFactor(In Advance) (months) 692992667Latitude 15 5000 $ 1,239.61 30 $ 37,188.30 Annual360.32890 $ 12,231.23 692992674OptiPlex 9020 $ 999.64 93 $ 92,966.52 Annual360.32890 $ 30,576.69 691078701Latitude E6430 ATG $ 2,799.71 9 $ 25,197.39 Annual360.32890 $ 8,287.42 $ 155,352.21 0.012142 $ 1,886.29 Property Management Fee: CustomerAgreement #: DIR-SDD-1951TOTAL: $ 52,981.63 City of La Porte LESSEE: Dell Financial Services LLC, and/or its successors and assigns. LESSOR: END OF LEASE OPTIONS: Fair Market Value Options available to lessee upon completion of the base lease term are as follows: 1) Exercise the option to purchase the products for its then fair market value. 2) Return all products to lessor at lessee’s expense. Or 3) Renew the Lease on a fair market renewal basis. LEASEQUOTE:TheLeaseQuoteisexclusiveofshippingcosts,maintenancefees,filingfees,licensingfees,propertyorusetaxes,insurancepremiums andsimilaritemswhichshallbeforLessee'saccount.LesseewillpayPaymentsandallotheramountswithoutset-off,abatementorreductionforany youare reasonwhatsoever.Additionally,Lesseeshalldeclareandpayallsales,useandpersonalpropertytaxestotheappropriatetaxingauthorities.If sales tax exempt, please fax a copy of your Exemption Certificate with the Lease Contract. PURCHASEORDER:ThePurchaseOrderwillbemadeouttoDellFinancialServices,OneDellWay,RR3Box8405,RoundRock,TX78682.ThePurchase Orderwillincludethequotenumber,quantityanddescriptionoftheequipment.PleasebesuretoindicatethatthePOisforaleaseorderandshowsthe typeoflease,thetermlength,andpaymentfrequency.Thedateoftheleasequotereferencedshouldbeincluded.Pleasebesuretoincludeanyapplicable shipping costs as a line item. Please include your address as the SHIP TO destination. INSURANCE:TheriskoflossontheEquipmentisbornesolelybytheLessee.LesseeshallberequiredtopurchaseandmaintainduringtheTerm(i) comprehensivepublicliabilityinsurancenamingLessorasadditionalinsured;(ii)"all-risk"physicaldamageinsuranceinaminimumamountofthe Purchase Price, naming Lessor as first loss payee; and, (iii) workmen's compensation insurance. APPROPRIATIONCOVENANT:TheLeaseshallcontainanappropriationoffundsclause.TheLesseewillcovenantthatitshalldoallthingslegallywithinits powertoobtainandmaintainfundsfromwhichthepaymentsmaybepaidandLesseewillnotgivepriorityorparityintheapplicationoffundstoany functionally similar equipment. DOCUMENTATION:DulyexecutedAgreementandotherappropriatedocuments,including,opinionsofcounsel,UCCfinancingstatements,audited financials and such other documentation as is reasonably requested by Lessor. PROPOSALVALIDITY/APPROVALS:Thisisaproposalbaseduponmarketconditionsandisvalidfor30days,issubjecttofinalcreditapproval,reviewof the economics of the transaction, and execution of mutually acceptable documentation. QUOTATION (* Amount denoted in $) QUOTATION (* Amount denoted in $) QUOTATION (* Amount denoted in $) REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Emergency Services Emergency Services R. Nolen R. Nolen Requested By: Source of Funds:Source of Funds: District Fund (034) District Fund (034) Emergency Medical Services Emergency Medical Services Department: 03450595228021 03450595228021 Account Number:Account Number: Report:Resolution:Resolution:Ordinance:Ordinance: 75,000 75,000 Amount Budgeted:Amount Budgeted: Other: 62,165 62,165 Amount Requested:Amount Requested: Attachments :Attachments : Budgeted Item:Budgeted Item:YESYESNONO 1. Vendor Quote1. Vendor Quote--StrykerStryker 2. Sole Source Vendor Letter2. Sole Source Vendor Letter SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS EMS requested funding during the FY 2014EMS requested funding during the FY 2014--15 budget period to purchase Stryker Power Load Systems to install 15 budget period to purchase Stryker Power Load Systems to install on three frontline ambulances. Stryker Power Load Systems were designed to mechanically lift a patient loaded on three frontline ambulances. Stryker Power Load Systems were designed to mechanically lift a patient loaded Stryker stretcher from the ground level to facilitate a smoother and safer transition into the rear compartment of Stryker stretcher from the ground level to facilitate a smoother and safer transition into the rear compartment of the ambulance without lifting assistance from EMS personnel.the ambulance without lifting assistance from EMS personnel.  Stryker is the sole source manufacturer and supplier of the Stryker Stryker is the sole source manufacturer and supplier of the Stryker ““Power Load SystemPower Load System””designed specifically to designed specifically to load Stryker manufactured stretchers. EMS standardized utilizing Stryker stretchers several years ago and has load Stryker manufactured stretchers. EMS standardized utilizing Stryker stretchers several years ago and has been extremely pleased with the performance of their equipment. been extremely pleased with the performance of their equipment.  Studies evaluating risk mitigation of back injuries for EMS personnel have shown to be significantly reduced by Studies evaluating risk mitigation of back injuries for EMS personnel have shown to be significantly reduced by the use of this system.the use of this system.the use of this system.the use of this system.  Study Results:   Study results suggest a decrease in the rating of over exertion by up to 35% when using a powered fastener Study results suggest a decrease in the rating of over exertion by up to 35% when using a powered fastener and powered cot as compared to manual equipment throughout lifting, loading and unloading process.and powered cot as compared to manual equipment throughout lifting, loading and unloading process. Results suggest adding powered fasteners and powered cots to the loading process may decrease the risk Results suggest adding powered fasteners and powered cots to the loading process may decrease the risk of developing a low back disorder by up to 62%.of developing a low back disorder by up to 62%.  Stryker Power Load Systems are DC powered and come with a one (1) year parts and labor warranty. An Stryker Power Load Systems are DC powered and come with a one (1) year parts and labor warranty. An annual maintenance service agreement will need to be secured upon the expiration of the factory warranty. annual maintenance service agreement will need to be secured upon the expiration of the factory warranty. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute a purchase agreement in the amount of Consider approval or other action authorizing the City Manager to execute a purchase agreement in the amount of $62,165.88 for three (3) Stryker Power Load Systems to be funded from Emergency Services District Fund (034).$62,165.88 for three (3) Stryker Power Load Systems to be funded from Emergency Services District Fund (034). Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Comprehensive Quotation Sales Account ManagerRemit to: Lauren Kuhner P.O. Box 93308 Lauren.Kuhner@stryker.com Chicago, IL 60673-3308 1-800-327-0770 End User Shipping AddressShipping AddressBilling Address 115375511537551185161 CITY OF LA PORTE EMSFrazerCITY OF LA PORTE 10428 SPENCER HWY7227 Rampart St604 W FAIRMONT PKWY LA PORTE, TX 77571Houston, TX 77081LA PORTE, TX 77571 Customer ContactRef NumberDatePO NumberReference FieldQuote Type adam fischer375130810/20/2014QUOTE Line QuantityItem DescriptionPart #Unit PriceExtended PriceItem Comments # 1.003PowerLOAD6390000000$20,721.96$62,165.88 Options 3PowerLOAD6390000000$20,721.96$62,165.88 3Standard Comp 6390 Power Load6390026000 3EnglishManual6390600000 31 year parts, labor & travel7777881660 Product Total$62,165.88 Note: Freight$0.00 Tax$0.00 Total Incl Tax & Freight$62,165.88 Signature: _____________________________________________ Title/Position: _____________________________________________ Date: ___________________ This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before Deal Consummation: your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker Confidentiality Notice: Net 30 Days. FOB origin. Terms: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be Cancellation and Return Policy: received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. Page 1 of 1 Medical REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of a Special Conditional Use Permit (SCUP) to allow construction of a The request is for consideration of a Special Conditional Use Permit (SCUP) to allow construction of a convenience store and gas station at the property known as convenience store and gas station at the property known as ““Reserve HReserve H””Block 4, Port Crossing William P. Harris Block 4, Port Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas as described in the attached ordinanceSurvey, Abstract 30, La Porte, Harris County, Texas as described in the attached ordinance  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at their September 25, 2014, meeting. Public The Planning and Zoning Commission conducted a public hearing at their September 25, 2014, meeting. Public testimony was provided with the vast majority of the public expressing their opposition to the request for a variety testimony was provided with the vast majority of the public expressing their opposition to the request for a variety of reasons. Additionally, the La Porte ISD submitted a resolution to the Commission in opposition to the proposed of reasons. Additionally, the La Porte ISD submitted a resolution to the Commission in opposition to the proposed SCUP. The Commission voted unanimously to recommend denial of the proposed SCUP.SCUP. The Commission voted unanimously to recommend denial of the proposed SCUP. Background InformationBackground Information:: The subject site is approximately 3.4551 acres and is located at the southwest corner of the intersection of State The subject site is approximately 3.4551 acres and is located at the southwest corner of the intersection of State Highway 146 and Wharton Weems Boulevard. The legal description of the property is Highway 146 and Wharton Weems Boulevard. The legal description of the property is ““Reserve HReserve H””Block 4, Port Block 4, Port Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas.Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas.  The site is part of the General Plan for the former Texas Import/Export Park (TIEP). It was later renamed Port  The site is part of the General Plan for the former Texas Import/Export Park (TIEP). It was later renamed Port thth Crossing Business Park, consisting of approximately 286 acres of land along 16Crossing Business Park, consisting of approximately 286 acres of land along 16 Street west of Highway 146. Street west of Highway 146. Attached is a copy of the Port Crossing Business Park General Plan that identifies land uses for the business park, Attached is a copy of the Port Crossing Business Park General Plan that identifies land uses for the business park, which in this case is commercial.which in this case is commercial. The site is currently zoned PUD, Planned Unit Development, and is vacant. The site contains a Port Crossing The site is currently zoned PUD, Planned Unit Development, and is vacant. The site contains a Port Crossing entry sign and associated landscaping. The following table summarizes the surrounding zoning and land uses:entry sign and associated landscaping. The following table summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use PUD, Planned PUD, Planned Vacant, Port Vacant, Port North Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Use Plan as Business Industrial)Business Industrial) PUD, Planned PUD, Planned Vacant, Port Vacant, Port South Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Parks Use Plan as Parks and Open Space)and Open Space) PUD, Planned PUD, Planned Vacant, Port Vacant, Port West Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Use Plan as Business Industrial)Business Industrial) PUD, Planned PUD, Planned Single family Single family East Unit DevelopmentUnit Developmentresidential (Lakes at residential (Lakes at Fairmont Green)Fairmont Green)  The City of La Porte The City of La Porte’’s Land Use Map identifies this parcel as s Land Use Map identifies this parcel as ““commercial.commercial.””  Analysis: There are a number of different considerations staff evaluated during the review of this application. The following There are a number of different considerations staff evaluated during the review of this application. The following There are a number of different considerations staff evaluated during the review of this application. The following There are a number of different considerations staff evaluated during the review of this application. The following describes staff’’s analysis of those considerations:s analysis of those considerations:  Site Plan. The applicant has submitted a conceptual site plan, floor plan, building elevations and photographs of similar The applicant has submitted a conceptual site plan, floor plan, building elevations and photographs of similar convenience stores to provide an example of what is proposed at this site. At this time there has been no formal convenience stores to provide an example of what is proposed at this site. At this time there has been no formal application for a site development plan as required in the cityapplication for a site development plan as required in the city’’s Development Ordinance. A formal application for a s Development Ordinance. A formal application for a site development plan is not required until after a SCUP is approved. Should City Council approve the proposed site development plan is not required until after a SCUP is approved. Should City Council approve the proposed SCUP, the applicant will be required to submit application for a site development plan in compliance with SCUP, the applicant will be required to submit application for a site development plan in compliance with applicable code requirements.applicable code requirements.  Port Crossing Entry FeaturePort Crossing Entry Feature.. This corner of Highway 146 and Wharton Weems represents a primary entry point to the Port Crossing Business This corner of Highway 146 and Wharton Weems represents a primary entry point to the Port Crossing Business Park. An entry feature, including signage and landscaping was installed. Although the applicantPark. An entry feature, including signage and landscaping was installed. Although the applicant’’s preliminary site s preliminary site plan indicates removal of the sign and landscaping, staff does not support removal of this entry feature or any of plan indicates removal of the sign and landscaping, staff does not support removal of this entry feature or any of the landscaping. Should the City Council approve the requested SCUP, the attached ordinance stipulates that the the landscaping. Should the City Council approve the requested SCUP, the attached ordinance stipulates that the applicant must retain both elements and shall be required to maintain such as an entry to the business park.applicant must retain both elements and shall be required to maintain such as an entry to the business park.  Land Use. The city’s Future Land Use Plan identifies this site as s Future Land Use Plan identifies this site as ““commercial.commercial.””The The ““commercialcommercial””classification includes classification includes uses that are in conformance with the uses permitted in the NC, Neighborhood Commercial, or GC, General uses that are in conformance with the uses permitted in the NC, Neighborhood Commercial, or GC, General Commercial, districts. The proposed convenience store and gas station use (Standard Industrial Classification Commercial, districts. The proposed convenience store and gas station use (Standard Industrial Classification #5541) is a permitted use in the GC District, but not the NC District.#5541) is a permitted use in the GC District, but not the NC District.  The applicant, CST Brands, Inc., asserts in their application that the proposed development will be branded as a The applicant, CST Brands, Inc., asserts in their application that the proposed development will be branded as a corner store. The application indicates that the store will offer foodservice and the sale of convenience items as corner store. The application indicates that the store will offer foodservice and the sale of convenience items as well as beer and wine. They further assert that there is no proposed longwell as beer and wine. They further assert that there is no proposed long--term 18term 18--wheeler parking and no showers wheeler parking and no showers or other truck stop related amenities. Additionally, CST Brands, Inc. has agreed to a deed restriction on the or other truck stop related amenities. Additionally, CST Brands, Inc. has agreed to a deed restriction on the property prohibiting longproperty prohibiting long--term overnight parking of 18term overnight parking of 18--wheelers. These items have been included as part of the wheelers. These items have been included as part of the proposed ordinance.proposed ordinance.  Fuel Pumps: The preliminary site plan for the proposed CST convenience store and gas station indicates seven (7) automobile The preliminary site plan for the proposed CST convenience store and gas station indicates seven (7) automobile vehicular pumps serving three grades of unleaded gasoline and diesel as well as four (4) separate pumps for diesel vehicular pumps serving three grades of unleaded gasoline and diesel as well as four (4) separate pumps for diesel only, 18-wheeler trucks. Due to the location of the site in close proximity to the Port Crossing Business Park and wheeler trucks. Due to the location of the site in close proximity to the Port Crossing Business Park and the 18-wheeler traffic associated with the development there as well as the fact that Highway 146 is a designated wheeler traffic associated with the development there as well as the fact that Highway 146 is a designated truck route, the site will attract 18truck route, the site will attract 18--wheeler traffic for fueling purposes. wheeler traffic for fueling purposes.  Staff finds that a total of four (4) separate pumps are excessive for this site and recommends consideration of Staff finds that a total of four (4) separate pumps are excessive for this site and recommends consideration of reducing or eliminating that number. Should the City Council approve the requested SCUP, a condition could be reducing or eliminating that number. Should the City Council approve the requested SCUP, a condition could be added to this SCUP to reduce this number.added to this SCUP to reduce this number.  Traffic ImpactsTraffic Impacts.. The project is located along Highway 146 and the southwest corner of Wharton Weems Boulevard. Highway 146 The project is located along Highway 146 and the southwest corner of Wharton Weems Boulevard. Highway 146 is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that thth terminates at 16terminates at 16 Street to the west and Broadway to the east. Street to the west and Broadway to the east.  Due to the potential of increased vehicular and truck traffic at the intersection, staff is recommending submittal of Due to the potential of increased vehicular and truck traffic at the intersection, staff is recommending submittal of a traffic study and appropriate mitigation as required by the study. The report will need to demonstrate minimal a traffic study and appropriate mitigation as required by the study. The report will need to demonstrate minimal impact of the proposed development on the intersection, especially to the portion of Wharton Weems between impact of the proposed development on the intersection, especially to the portion of Wharton Weems between Highway 146 and Broadway which is used more by residential/local traffic patterns as opposed to truck traffic.Highway 146 and Broadway which is used more by residential/local traffic patterns as opposed to truck traffic.  Although the proposed site plan identifies two 50Although the proposed site plan identifies two 50--foot wide curb cuts along HWY 146, the applicant would need foot wide curb cuts along HWY 146, the applicant would need to receive approval by TXDOT for any access points to the site along HWY 146. Additionally, access to Wharton to receive approval by TXDOT for any access points to the site along HWY 146. Additionally, access to Wharton Weems requires approval from Harris County. Access points would also need to comply with city requirements Weems requires approval from Harris County. Access points would also need to comply with city requirements for access points and maximum widths as called out in the Zoning Ordinance. These items would be verified at the for access points and maximum widths as called out in the Zoning Ordinance. These items would be verified at the time staff reviews an application for site development review.time staff reviews an application for site development review.  Public UtilitiesPublic Utilities.. Public utility facilities and services are sufficient to handle the proposed development. A 12Public utility facilities and services are sufficient to handle the proposed development. A 12””water line and 12water line and 12” sanitary sewer line are both available within the Wharton Weems rightsanitary sewer line are both available within the Wharton Weems right--ofof--way. way.  Drainage. Drainage is available and has been accommodated for this site as part of the Port Crossing Business Park regional Drainage is available and has been accommodated for this site as part of the Port Crossing Business Park regional drainage plan. There have been detention ponds sized adequately to detain drainage for this site and the rest of the drainage plan. There have been detention ponds sized adequately to detain drainage for this site and the rest of the Port Crossing Business Park. This stormwater detention facility has been designed in accordance with both the Port Crossing Business Park. This stormwater detention facility has been designed in accordance with both the city’s and HCFCDs and HCFCD’’s specifications. s specifications.  Conclusion: Should the City Council desire to approve the proposed Special Conditional Use Permit, staff recommends a Should the City Council desire to approve the proposed Special Conditional Use Permit, staff recommends a number of conditions be considered in the approval. The applicant has agreed to restrictions to the site including number of conditions be considered in the approval. The applicant has agreed to restrictions to the site including recording a deed restriction that would prohibit overrecording a deed restriction that would prohibit over--night parking and not including showers or other amenities night parking and not including showers or other amenities common with a traditional truck stop. The following is a recommendation of conditions for City Council common with a traditional truck stop. The following is a recommendation of conditions for City Council consideration:   1.A site development plan shall be submitted in accordance with applicable requirements of the City of La A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance.s Development Ordinance.   2.The plan shall comply with all other provisions of Chapter 106, The plan shall comply with all other provisions of Chapter 106, ““ZoningZoning””of the Cityof the City’’s Code of Ordinances s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas.of Texas.   1.All necessary documentation for building permit review must be submitted in conjunction with the cityAll necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process.building permit application process.   2.Existing landscaping and monument signage at the intersection of Wharton Weems and SH146 planted as a Existing landscaping and monument signage at the intersection of Wharton Weems and SH146 planted as a “gatewaygateway””to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan and irrigation system required otherwise for the development which shall also be maintained in compliance and irrigation system required otherwise for the development which shall also be maintained in compliance with the Citywith the City’’s Code of Ordinances.s Code of Ordinances.   3.Landscaping, including a combination of trees and shrubs shall be provided between the west edge of Landscaping, including a combination of trees and shrubs shall be provided between the west edge of pavement and the west property line in a manner so as to provide screening to the adjacent property. pavement and the west property line in a manner so as to provide screening to the adjacent property. Additional landscaping shall be provided in the area between the south edge of pavement and the south Additional landscaping shall be provided in the area between the south edge of pavement and the south property line. This landscaping shall include a mix of trees and shrubs planted in a manner so as to create property line. This landscaping shall include a mix of trees and shrubs planted in a manner so as to create an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal be paved or allowed for vehicle use or circulation.be paved or allowed for vehicle use or circulation.   4.A traffic study performed by a licensed engineer shall be required. The study must ensure that the proposed A traffic study performed by a licensed engineer shall be required. The study must ensure that the proposed development will not adversely impact the SH146 development will not adversely impact the SH146 -- Wharton Weems intersection as well as the SH 146 Wharton Weems intersection as well as the SH 146 frontage road east of the proposed facility. Any mitigation required by the study will be the responsibility of frontage road east of the proposed facility. Any mitigation required by the study will be the responsibility of the applicant.the applicant.   5.Vehicles may park within designated parking spaces only, except when fueling. No overVehicles may park within designated parking spaces only, except when fueling. No over--night parking of night parking of vehicles is permitted onvehicles is permitted on--site. The applicant shall record a separate legal deed restricting the overnight site. The applicant shall record a separate legal deed restricting the overnight parking of vehicles on this site prior to the approval of a site development plan by the city.parking of vehicles on this site prior to the approval of a site development plan by the city.   1.No more than ____ diesel truck fueling pumps are permitted.No more than ____ diesel truck fueling pumps are permitted.   1.TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways requested. Maximum driveway widths shall be provided in compliance with city code requirements.requested. Maximum driveway widths shall be provided in compliance with city code requirements.   1.The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made as necessary upon written notification by the city.as necessary upon written notification by the city.   2.No trucks transporting No trucks transporting ““Hazardous CargoHazardous Cargo””are allowed onare allowed on--site at any time. Appropriate signage prohibiting site at any time. Appropriate signage prohibiting vehicles carrying hazardous cargo shall be posted at all driveway entrances to the site.vehicles carrying hazardous cargo shall be posted at all driveway entrances to the site.   1.“No loiteringNo loitering””signs shall be conspicuously posted outside the facility.signs shall be conspicuously posted outside the facility.   1.No shower facilities for customers are permitted on site at any time.No shower facilities for customers are permitted on site at any time.   2.Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to the Planning and Zoning Commissionchange in the approved concept shall be subject to the Planning and Zoning Commission’’s review.s review.   1.Any additional conditions requested by the Planning and Zoning Commission.Any additional conditions requested by the Planning and Zoning Commission.   Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider action based on a recommendation by the Planning and Zoning Commission to deny Special Consider action based on a recommendation by the Planning and Zoning Commission to deny Special Conditional Use Permit #14Conditional Use Permit #14--91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP.91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. SCUP Application3. SCUP Application 4. Port Crossing General Plan4. Port Crossing General Plan 5. Area Map5. Area Map 6. Surrouding Zoning Map6. Surrouding Zoning Map 7. Land Use Map7. Land Use Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of a Special Conditional Use Permit (SCUP) to allow construction of a The request is for consideration of a Special Conditional Use Permit (SCUP) to allow construction of a convenience store and gas station at the property known as convenience store and gas station at the property known as ““Reserve HReserve H””Block 4, Port Crossing William P. Harris Block 4, Port Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas as described in the attached ordinanceSurvey, Abstract 30, La Porte, Harris County, Texas as described in the attached ordinance   Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at their September 25, 2014, meeting. Public The Planning and Zoning Commission conducted a public hearing at their September 25, 2014, meeting. Public testimony was provided with the vast majority of the public expressing their opposition to the request for a variety testimony was provided with the vast majority of the public expressing their opposition to the request for a variety of reasons. Additionally, the La Porte ISD submitted a resolution to the Commission in opposition to the proposed of reasons. Additionally, the La Porte ISD submitted a resolution to the Commission in opposition to the proposed SCUP. The Commission voted unanimously to recommend denial of the proposed SCUP.SCUP. The Commission voted unanimously to recommend denial of the proposed SCUP.   Background InformationBackground Information:: The subject site is approximately 3.4551 acres and is located at the southwest corner of the intersection of State The subject site is approximately 3.4551 acres and is located at the southwest corner of the intersection of State Highway 146 and Wharton Weems Boulevard. The legal description of the property is Highway 146 and Wharton Weems Boulevard. The legal description of the property is ““Reserve HReserve H””Block 4, Port Block 4, Port Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas.Crossing William P. Harris Survey, Abstract 30, La Porte, Harris County, Texas.   The site is part of the General Plan for the former Texas Import/Export Park (TIEP). It was later renamed Port The site is part of the General Plan for the former Texas Import/Export Park (TIEP). It was later renamed Port thth Crossing Business Park, consisting of approximately 286 acres of land along 16Crossing Business Park, consisting of approximately 286 acres of land along 16 Street west of Highway 146. Street west of Highway 146. Attached is a copy of the Port Crossing Business Park General Plan that identifies land uses for the business park, Attached is a copy of the Port Crossing Business Park General Plan that identifies land uses for the business park, which in this case is commercial.which in this case is commercial.   The site is currently zoned PUD, Planned Unit Development, and is vacant. The site contains a Port Crossing The site is currently zoned PUD, Planned Unit Development, and is vacant. The site contains a Port Crossing entry sign and associated landscaping. The following table summarizes the surrounding zoning and land uses:entry sign and associated landscaping. The following table summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use PUD, Planned PUD, Planned Vacant, Port Vacant, Port North Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Use Plan as Business Industrial)Business Industrial) PUD, Planned PUD, Planned Vacant, Port Vacant, Port South Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Parks Use Plan as Parks and Open Space)and Open Space) PUD, Planned PUD, Planned Vacant, Port Vacant, Port West Unit DevelopmentUnit DevelopmentCrossing Business Crossing Business Park (identified in Park (identified in the Future Land the Future Land Use Plan as Use Plan as Business Industrial)Business Industrial) PUD, Planned PUD, Planned Single family Single family East Unit DevelopmentUnit Developmentresidential (Lakes at residential (Lakes at Fairmont Green)Fairmont Green)   The City of La PorteThe City of La Porte’’s Land Use Map identifies this parcel as s Land Use Map identifies this parcel as ““commercial.commercial.””   Analysis: There are a number of different considerations staff evaluated during the review of this application. The following There are a number of different considerations staff evaluated during the review of this application. The following describes staff’’s analysis of those considerations:s analysis of those considerations:   Site Plan. The applicant has submitted a conceptual site plan, floor plan, building elevations and photographs of similar The applicant has submitted a conceptual site plan, floor plan, building elevations and photographs of similar convenience stores to provide an example of what is proposed at this site. At this time there has been no formal convenience stores to provide an example of what is proposed at this site. At this time there has been no formal application for a site development plan as required in the cityapplication for a site development plan as required in the city’’s Development Ordinance. A formal application for a s Development Ordinance. A formal application for a site development plan is not required until after a SCUP is approved. Should City Council approve the proposed site development plan is not required until after a SCUP is approved. Should City Council approve the proposed SCUP, the applicant will be required to submit application for a site development plan in compliance with SCUP, the applicant will be required to submit application for a site development plan in compliance with applicable code requirements.applicable code requirements.   Port Crossing Entry FeaturePort Crossing Entry Feature.. This corner of Highway 146 and Wharton Weems represents a primary entry point to the Port Crossing Business This corner of Highway 146 and Wharton Weems represents a primary entry point to the Port Crossing Business Park. An entry feature, including signage and landscaping was installed. Although the applicantPark. An entry feature, including signage and landscaping was installed. Although the applicant’’s preliminary site s preliminary site plan indicates removal of the sign and landscaping, staff does not support removal of this entry feature or any of plan indicates removal of the sign and landscaping, staff does not support removal of this entry feature or any of the landscaping. Should the City Council approve the requested SCUP, the attached ordinance stipulates that the the landscaping. Should the City Council approve the requested SCUP, the attached ordinance stipulates that the applicant must retain both elements and shall be required to maintain such as an entry to the business park.applicant must retain both elements and shall be required to maintain such as an entry to the business park.   Land Use. The city’s Future Land Use Plan identifies this site as s Future Land Use Plan identifies this site as ““commercial.commercial.””The The ““commercialcommercial””classification includes classification includes uses that are in conformance with the uses permitted in the NC, Neighborhood Commercial, or GC, General uses that are in conformance with the uses permitted in the NC, Neighborhood Commercial, or GC, General Commercial, districts. The proposed convenience store and gas station use (Standard Industrial Classification Commercial, districts. The proposed convenience store and gas station use (Standard Industrial Classification #5541) is a permitted use in the GC District, but not the NC District.#5541) is a permitted use in the GC District, but not the NC District.   The applicant, CST Brands, Inc., asserts in their application that the proposed development will be branded as a The applicant, CST Brands, Inc., asserts in their application that the proposed development will be branded as a corner store. The application indicates that the store will offer foodservice and the sale of convenience items as corner store. The application indicates that the store will offer foodservice and the sale of convenience items as well as beer and wine. They further assert that there is no proposed longwell as beer and wine. They further assert that there is no proposed long--term 18term 18--wheeler parking and no showers wheeler parking and no showers or other truck stop related amenities. Additionally, CST Brands, Inc. has agreed to a deed restriction on the or other truck stop related amenities. Additionally, CST Brands, Inc. has agreed to a deed restriction on the property prohibiting longproperty prohibiting longproperty prohibiting longproperty prohibiting long--term overnight parking of 18term overnight parking of 18term overnight parking of 18term overnight parking of 18--wheelers. These items have been included as part of the wheelers. These items have been included as part of the wheelers. These items have been included as part of the wheelers. These items have been included as part of the proposed ordinance.proposed ordinance.   Fuel Pumps: The preliminary site plan for the proposed CST convenience store and gas station indicates seven (7) automobile The preliminary site plan for the proposed CST convenience store and gas station indicates seven (7) automobile vehicular pumps serving three grades of unleaded gasoline and diesel as well as four (4) separate pumps for diesel vehicular pumps serving three grades of unleaded gasoline and diesel as well as four (4) separate pumps for diesel only, 18-wheeler trucks. Due to the location of the site in close proximity to the Port Crossing Business Park and wheeler trucks. Due to the location of the site in close proximity to the Port Crossing Business Park and the 18-wheeler traffic associated with the development there as well as the fact that Highway 146 is a designated wheeler traffic associated with the development there as well as the fact that Highway 146 is a designated truck route, the site will attract 18truck route, the site will attract 18--wheeler traffic for fueling purposes. wheeler traffic for fueling purposes.   Staff finds that a total of four (4) separate pumps are excessive for this site and recommends consideration of Staff finds that a total of four (4) separate pumps are excessive for this site and recommends consideration of reducing or eliminating that number. Should the City Council approve the requested SCUP, a condition could be reducing or eliminating that number. Should the City Council approve the requested SCUP, a condition could be added to this SCUP to reduce this number.added to this SCUP to reduce this number.   Traffic ImpactsTraffic Impacts.. The project is located along Highway 146 and the southwest corner of Wharton Weems Boulevard. Highway 146 The project is located along Highway 146 and the southwest corner of Wharton Weems Boulevard. Highway 146 is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that is a primary arterial and a designated truck route, while Wharton Weems is categorized as a local arterial that thth terminates at 16terminates at 16 Street to the west and Broadway to the east. Street to the west and Broadway to the east.   Due to the potential of increased vehicular and truck traffic at the intersection, staff is recommending submittal of Due to the potential of increased vehicular and truck traffic at the intersection, staff is recommending submittal of a traffic study and appropriate mitigation as required by the study. The report will need to demonstrate minimal a traffic study and appropriate mitigation as required by the study. The report will need to demonstrate minimal impact of the proposed development on the intersection, especially to the portion of Wharton Weems between impact of the proposed development on the intersection, especially to the portion of Wharton Weems between Highway 146 and Broadway which is used more by residential/local traffic patterns as opposed to truck traffic.Highway 146 and Broadway which is used more by residential/local traffic patterns as opposed to truck traffic.   Although the proposed site plan identifies two 50Although the proposed site plan identifies two 50--foot wide curb cuts along HWY 146, the applicant would need to foot wide curb cuts along HWY 146, the applicant would need to receive approval by TXDOT for any access points to the site along HWY 146. Additionally, access to Wharton receive approval by TXDOT for any access points to the site along HWY 146. Additionally, access to Wharton Weems requires approval from Harris County. Access points would also need to comply with city requirements Weems requires approval from Harris County. Access points would also need to comply with city requirements for access points and maximum widths as called out in the Zoning Ordinance. These items would be verified at the for access points and maximum widths as called out in the Zoning Ordinance. These items would be verified at the time staff reviews an application for site development review.time staff reviews an application for site development review.   Public UtilitiesPublic Utilities.. Public utility facilities and services are sufficient to handle the proposed development. A 12Public utility facilities and services are sufficient to handle the proposed development. A 12””water line and 12water line and 12” sanitary sewer line are both available within the Wharton Weems rightsanitary sewer line are both available within the Wharton Weems right--ofof--way. way.   Drainage. Drainage is available and has been accommodated for this site as part of the Port Crossing Business Park regional Drainage is available and has been accommodated for this site as part of the Port Crossing Business Park regional drainage plan. There have been detention ponds sized adequately to detain drainage for this site and the rest of the drainage plan. There have been detention ponds sized adequately to detain drainage for this site and the rest of the Port Crossing Business Park. This stormwater detention facility has been designed in accordance with both the Port Crossing Business Park. This stormwater detention facility has been designed in accordance with both the city’s and HCFCDs and HCFCD’’s specifications. s specifications.   Conclusion: Should the City Council desire to approve the proposed Special Conditional Use Permit, staff recommends a Should the City Council desire to approve the proposed Special Conditional Use Permit, staff recommends a number of conditions be considered in the approval. The applicant has agreed to restrictions to the site including number of conditions be considered in the approval. The applicant has agreed to restrictions to the site including recording a deed restriction that would prohibit overrecording a deed restriction that would prohibit over--night parking and not including showers or other amenities night parking and not including showers or other amenities common with a traditional truck stop. The following is a recommendation of conditions for City Council common with a traditional truck stop. The following is a recommendation of conditions for City Council consideration:   1.A site development plan shall be submitted in accordance with applicable requirements of the City of La A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance.s Development Ordinance.   2.The plan shall comply with all other provisions of Chapter 106, The plan shall comply with all other provisions of Chapter 106, ““ZoningZoning””of the Cityof the City’’s Code of Ordinances s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas.of Texas.   1.All necessary documentation for building permit review must be submitted in conjunction with the cityAll necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process.building permit application process.   2.Existing landscaping and monument signage at the intersection of Wharton Weems and SH146 planted as a Existing landscaping and monument signage at the intersection of Wharton Weems and SH146 planted as a “gatewaygateway””to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan and irrigation system required otherwise for the development which shall also be maintained in compliance and irrigation system required otherwise for the development which shall also be maintained in compliance with the Citywith the City’’s Code of Ordinances.s Code of Ordinances.   3.Landscaping, including a combination of trees and shrubs shall be provided between the west edge of Landscaping, including a combination of trees and shrubs shall be provided between the west edge of pavement and the west property line in a manner so as to provide screening to the adjacent property. pavement and the west property line in a manner so as to provide screening to the adjacent property. Additional landscaping shall be provided in the area between the south edge of pavement and the south Additional landscaping shall be provided in the area between the south edge of pavement and the south property line. This landscaping shall include a mix of trees and shrubs planted in a manner so as to create property line. This landscaping shall include a mix of trees and shrubs planted in a manner so as to create an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal an amenity to the site. At no time shall the landscape area south of the pavement edge show in the proposal be paved or allowed for vehicle use or circulation.be paved or allowed for vehicle use or circulation.   4.A traffic study performed by a licensed engineer shall be required. The study must ensure that the proposed A traffic study performed by a licensed engineer shall be required. The study must ensure that the proposed development will not adversely impact the SH146 development will not adversely impact the SH146 -- Wharton Weems intersection as well as the SH 146 Wharton Weems intersection as well as the SH 146 frontage road east of the proposed facility. Any mitigation required by the study will be the responsibility of frontage road east of the proposed facility. Any mitigation required by the study will be the responsibility of the applicant.the applicant.   5.Vehicles may park within designated parking spaces only, except when fueling. No overVehicles may park within designated parking spaces only, except when fueling. No over--night parking of night parking of vehicles is permitted onvehicles is permitted on--site. The applicant shall record a separate legal deed restricting the overnight site. The applicant shall record a separate legal deed restricting the overnight parking of vehicles on this site prior to the approval of a site development plan by the city.parking of vehicles on this site prior to the approval of a site development plan by the city.   1.No more than ____ diesel truck fueling pumps are permitted.No more than ____ diesel truck fueling pumps are permitted.   1.TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways requested. Maximum driveway widths shall be provided in compliance with city code requirements.requested. Maximum driveway widths shall be provided in compliance with city code requirements.   1.The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made as necessary upon written notification by the city.as necessary upon written notification by the city.   2.No trucks transporting No trucks transporting ““Hazardous CargoHazardous Cargo””are allowed onare allowed on--site at any time. Appropriate signage prohibiting site at any time. Appropriate signage prohibiting vehicles carrying hazardous cargo shall be posted at all driveway entrances to the site.vehicles carrying hazardous cargo shall be posted at all driveway entrances to the site.   1.“No loiteringNo loitering””signs shall be conspicuously posted outside the facility.signs shall be conspicuously posted outside the facility.   1.No shower facilities for customers are permitted on site at any time.No shower facilities for customers are permitted on site at any time.   2.Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to the Planning and Zoning Commissionchange in the approved concept shall be subject to the Planning and Zoning Commission’’s review.s review.    1.Any additional conditions requested by the Planning and Zoning Commission.Any additional conditions requested by the Planning and Zoning Commission. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider action based on a recommendation by the Planning and Zoning Commission to deny Special Consider action based on a recommendation by the Planning and Zoning Commission to deny Special Conditional Use Permit #14Conditional Use Permit #14--91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP.91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate plantedin amanner soastocreate anamenitytothe site.Atnotimeshallthelandscapearea south of thepavement edge show inthe proposal be paved or allowedforvehicleuse or circulation. 6.A trafficstudyperformedby a licensedengineershall be required. The study mustensurethatthe proposed development will not adverselyimpacttheSH146 - WhartonWeems intersectionaswell astheSH 146 frontage roadeast of the proposed facility.Anymitigation required by thestudywill be theresponsibility of theapplicant. 7.Vehicles mayparkwithin designated parking spaces only, exceptwhen fueling. Noover-night parking of vehiclesispermitted on-site. The applicantshallrecord a separatelegaldeed restricting the overnight parking of vehicles on thissite prior tothe approval of a sitedevelopmentplan by the city. 8.Nomorethan_ dieseltruckfuelingpumpsarepermitted. forall 9.TxDOTandHarris County drivewaypermitsshall be presented prior topermitissuance drivewaysrequested.Maximumdrivewaywidthsshall be provided incompliancewithcitycode requirements. 10.The pavementshall remainin good, operable,dustfree condition overtime,andthatrepairs shall be madeasnecessary upon writtennotificationbythecity. 11.No trucks transporting "Hazardous Cargo"areallowed on-siteatanytime. Appropriatesignage prohibiting vehiclescarryinghazardouscargoshallbe posted atalldriveway entrancestothesite. 12."Noloitering" signs shall be conspicuously posted outside thefacility. 13.No shower facilitiesforcustomersarepermitted on siteatanytime. 14.Minor amendmentstothe plans shallbe subjecttoapproval bytheDirector of Planning.A significant change intheapprovedconceptshall be subjecttothe Planning and Zoning Commission’s review. Any additional conditions requested by City Council. 15. Failureto occupy the building within 12 months afterissuance or as scheduled under theterms of a special conditional usepermitshallvoidthepermitas approved, except upon an extension of timegranted afterapplicationtothe Planning and Zoning Commission. If contractoragreementisterminatedaftercompletionofanystageandthereisampleevidence thatfurtherdevelopmentisnotcontemplated,theordinanceestablishingsuchspecialconditional usepermitmayberescindedbytheCityCouncil,uponitsownmotionoruponthe recommendationofthePlanningandZoningCommissionoftheCityofLaPorte,andthe previouszoningoftheentiretractshallbeinfulleffecton theportionwhichisundeveloped. ValidationDate: Director of Planning CitySecretary 4 EXHIBIT "C" AREA MAP SCUP REQ. #14-91000001 A 4 4 44 4 4 4 4 44 4 4 4 4 4 4 4 444 4444A 444 444 A 4444444444A 444444444A 44A 44444 44 1 inch = 1,000 feet 4 4444 444 44A EXHIBIT "E" SURROUNDING ZONING MAP SCUP REQ. #14-91000001 PUD A 4 4 44 4 4 4 4 44 4 4 4 4 4 4 4 444 4444A MH R-3 444444444A 44A 44444 44 R-1 1 inch = 1,000 feet 4 4444 444 44A EXHIBIT "F" LAND USE MAP SCUP REQ. #14-91000001 LI BI HI A 4 4 44 4 4 4 4 44 4 4 4 4 4 4 4 COM PO 444 4444A MHDR PI 444444444A 44A 44444 44 Legend LOW-DENSITY RESIDENTIAL MID-HIGH DENSITY RESIDENTIAL LDR COMMERCIAL BUSINESS INDUSTRIAL LIGHT INDUSTRIAL HEAVY INDUSTRIAL PARKS AND OPEN SPACE 1 inch = 1,000 feet PUBLIC / INSTITUTIONAL 4 4444 444 44A REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of an amendment to the CityThe request is for consideration of an amendment to the City’’s Future Land Use Map in response to the proposed s Future Land Use Map in response to the proposed zone change application #14zone change application #14--92000002. This request would amend the city92000002. This request would amend the city’’s Future Land Use Map for the subject s Future Land Use Map for the subject property from Commercial to Large Lot Residential.property from Commercial to Large Lot Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission reviewed this request at the September 25, 2014 meeting. The Commission The Planning and Zoning Commission reviewed this request at the September 25, 2014 meeting. The Commission voted unanimously to recommend approval of the amendment to the Future Land Use Map from Commercial to voted unanimously to recommend approval of the amendment to the Future Land Use Map from Commercial to Large Lot Residential.Large Lot Residential.   Background Information:Background Information: Staff is presenting a request for an amendment to the cityStaff is presenting a request for an amendment to the city’’s Future Land Use Plan as a result of an application for s Future Land Use Plan as a result of an application for a rezoning of a tract of land owned by Joe Berry (owner of 11814 N. P Street) and Judy Berry (owner of 1502 a rezoning of a tract of land owned by Joe Berry (owner of 11814 N. P Street) and Judy Berry (owner of 1502 Sens Road). Judy Berry is proposing to sell a 36.9Sens Road). Judy Berry is proposing to sell a 36.9--foot by 100foot by 100--foot squared (3,690 square feet) portion of her lot foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Mr. Berry is seeking to purchase a portion of property from his mother for the purpose of to her son Joe Berry. Mr. Berry is seeking to purchase a portion of property from his mother for the purpose of constructing an accessory structure to be used as a storage/workshop on that portion of property. The requested constructing an accessory structure to be used as a storage/workshop on that portion of property. The requested rezone would also remove the nonconforming status of his property, as his property is currently a single family rezone would also remove the nonconforming status of his property, as his property is currently a single family detached large lot use located in a General Commercial zone.detached large lot use located in a General Commercial zone.  Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city’s Future Land Use Map, which was adopted as a component of the Comprehensive Plan. The LGC requires review Future Land Use Map, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and approval by the City Council. This item is of the proposed amendment by the Planning and Zoning Commission and approval by the City Council. This item is being presented to the City Council as a public hearing in accordance with LGC requirements.being presented to the City Council as a public hearing in accordance with LGC requirements.  The City of La Porte The City of La Porte’’s Land Use Map currently identifies this parcel as commercial; however, the existing use of s Land Use Map currently identifies this parcel as commercial; however, the existing use of the site is residential. In order to rezone the property, the citythe site is residential. In order to rezone the property, the city’’s Land Use Map would need to be amended to s Land Use Map would need to be amended to identify this site as Large Lot Residential.identify this site as Large Lot Residential.    The Future Land Use Plan identifies the following surrounding land uses:The Future Land Use Plan identifies the following surrounding land uses:     Land UseLand UseSite ImprovementsSite Improvements CommercialCommercialExisting gas station Existing gas station North (across N. P Street)(across N. P Street) CommercialCommercialAd Pac (1606 Sens Ad Pac (1606 Sens South Road)Road) Large Lot Large Lot Existing single family Existing single family West ResidentialResidentiallarge lot residential large lot residential (11800 & 11810 N. P (11800 & 11810 N. P Street)Street) CommercialCommercialExisting single family Existing single family East residence at 1502 Sens residence at 1502 Sens Road (owned by Judy Road (owned by Judy Berry)Berry)   The proposed amendment will leave adequate commercial land for this area. Currently, there are commercial The proposed amendment will leave adequate commercial land for this area. Currently, there are commercial designated lands to the north, south and east of the subject site along Sens Road. Additionally, should the Berry designated lands to the north, south and east of the subject site along Sens Road. Additionally, should the Berry family choose to sell their properties (this property and the adjacent site at 1502 Sens Road, a future owner could family choose to sell their properties (this property and the adjacent site at 1502 Sens Road, a future owner could then petition the city for a rezoning back to commercial.then petition the city for a rezoning back to commercial.  The proposal would bring an existing nonconforming single family large lot residential property into conformance The proposal would bring an existing nonconforming single family large lot residential property into conformance with the city’s code. In essence, this would allow the applicant the ability to use his property as a large lot s code. In essence, this would allow the applicant the ability to use his property as a large lot residential use, including improvements such as construction of accessory structures.residential use, including improvements such as construction of accessory structures.residential use, including improvements such as construction of accessory structures.residential use, including improvements such as construction of accessory structures.  The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned properties adjacent to the west of this property.properties adjacent to the west of this property. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000002, rezoning the referenced property from GC to LL.92000002, rezoning the referenced property from GC to LL. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Lot Configuration and Legal Description of 1. Lot Configuration and Legal Description of the Map Amendmentthe Map Amendment 2. Land Use Map2. Land Use Map 3. Ordinance3. Ordinance 4. P&Z Recommendation Letter4. P&Z Recommendation Letter SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of an amendment to the CityThe request is for consideration of an amendment to the City’’s Future Land Use Map in response to the proposed s Future Land Use Map in response to the proposed zone change application #14zone change application #14--92000002. This request would amend the city92000002. This request would amend the city’’s Future Land Use Map for the subject s Future Land Use Map for the subject property from Commercial to Large Lot Residential.property from Commercial to Large Lot Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission reviewed this request at the September 25, 2014 meeting. The Commission The Planning and Zoning Commission reviewed this request at the September 25, 2014 meeting. The Commission voted unanimously to recommend approval of the amendment to the Future Land Use Map from Commercial to voted unanimously to recommend approval of the amendment to the Future Land Use Map from Commercial to Large Lot Residential.Large Lot Residential.   Background Information:Background Information: Staff is presenting a request for an amendment to the cityStaff is presenting a request for an amendment to the city’’s Future Land Use Plan as a result of an application for s Future Land Use Plan as a result of an application for a rezoning of a tract of land owned by Joe Berry (owner of 11814 N. P Street) and Judy Berry (owner of 1502 a rezoning of a tract of land owned by Joe Berry (owner of 11814 N. P Street) and Judy Berry (owner of 1502 Sens Road). Judy Berry is proposing to sell a 36.9Sens Road). Judy Berry is proposing to sell a 36.9--foot by 100foot by 100--foot squared (3,690 square feet) portion of her lot foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Mr. Berry is seeking to purchase a portion of property from his mother for the purpose of to her son Joe Berry. Mr. Berry is seeking to purchase a portion of property from his mother for the purpose of constructing an accessory structure to be used as a storage/workshop on that portion of property. The requested constructing an accessory structure to be used as a storage/workshop on that portion of property. The requested rezone would also remove the nonconforming status of his property, as his property is currently a single family rezone would also remove the nonconforming status of his property, as his property is currently a single family detached large lot use located in a General Commercial zone.detached large lot use located in a General Commercial zone.  Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city’s Future Land Use Map, which was adopted as a component of the Comprehensive Plan. The LGC requires review Future Land Use Map, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and approval by the City Council. This item is of the proposed amendment by the Planning and Zoning Commission and approval by the City Council. This item is being presented to the City Council as a public hearing in accordance with LGC requirements.being presented to the City Council as a public hearing in accordance with LGC requirements.  The City of La Porte The City of La Porte’’s Land Use Map currently identifies this parcel as commercial; however, the existing use of s Land Use Map currently identifies this parcel as commercial; however, the existing use of the site is residential. In order to rezone the property, the citythe site is residential. In order to rezone the property, the city’’s Land Use Map would need to be amended to s Land Use Map would need to be amended to identify this site as Large Lot Residential.identify this site as Large Lot Residential.  The Future Land Use Plan identifies the following surrounding land uses: The Future Land Use Plan identifies the following surrounding land uses:     Land UseLand UseSite ImprovementsSite Improvements CommercialCommercialExisting gas station Existing gas station North (across N. P Street)(across N. P Street) CommercialCommercialAd Pac (1606 Sens Ad Pac (1606 Sens South Road)Road) Large Lot Large Lot Existing single family Existing single family West ResidentialResidentiallarge lot residential large lot residential (11800 & 11810 N. P (11800 & 11810 N. P Street)Street) CommercialCommercialExisting single family Existing single family East residence at 1502 Sens residence at 1502 Sens Road (owned by Judy Road (owned by Judy Berry)Berry)  The proposed amendment will leave adequate commercial land for this area. Currently, there are commercial  The proposed amendment will leave adequate commercial land for this area. Currently, there are commercial designated lands to the north, south and east of the subject site along Sens Road. Additionally, should the Berry designated lands to the north, south and east of the subject site along Sens Road. Additionally, should the Berry family choose to sell their properties (this property and the adjacent site at 1502 Sens Road, a future owner could family choose to sell their properties (this property and the adjacent site at 1502 Sens Road, a future owner could then petition the city for a rezoning back to commercial.then petition the city for a rezoning back to commercial.  The proposal would bring an existing nonconforming single family large lot residential property into conformance The proposal would bring an existing nonconforming single family large lot residential property into conformance with the city’s code. In essence, this would allow the applicant the ability to use his property as a large lot s code. In essence, this would allow the applicant the ability to use his property as a large lot residential use, including improvements such as construction of accessory structures.residential use, including improvements such as construction of accessory structures.  The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned The proposed large lot residential use is consistent with the existing large lot residential uses and LL zoned properties adjacent to the west of this propertyproperties adjacent to the west of this property Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000002, rezoning the referenced property from GC to LL.92000002, rezoning the referenced property from GC to LL. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate SubjectSite: ProposedMap Amendment EXHIBIT "B" SURROUNDING LAND USE MAP ZONE CHANGE REQ. #14-92000002 LI MILAM DR 44444A BI LL COM PO LAND USE LARGE LOT RESIDENTIAL LDR LOW-DENSITY RESIDENTIAL COMMERCIAL BUSINESS INDUSTRIAL 4444A 44444 444 LIGHT INDUSTRIAL 1 inch = 200 feet PARKS AND OPEN SPACE REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Applicants (Joe Berry and Judy Berry) are seeking to rezone 1.0833 acres of land situated in the Enoch Brinson Applicants (Joe Berry and Judy Berry) are seeking to rezone 1.0833 acres of land situated in the Enoch Brinson Survey, A-5, Harris County, Texas, further known as 11814 N. P Street, from GC, General Commercial, to LL, 5, Harris County, Texas, further known as 11814 N. P Street, from GC, General Commercial, to LL, Large Lot Residential.Large Lot Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the September 25, 2014, meeting concerning The Planning and Zoning Commission conducted a public hearing at the September 25, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City in support of the application this rezoning request. One public hearing notice response was received by the City in support of the application (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commissionof the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commissionof the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commissionof the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commission’’ss approval was subject to the condition that applicant be required to replat the subject property to recognize the lot approval was subject to the condition that applicant be required to replat the subject property to recognize the lot configuration. The applicant shall have 180 days from the City Councilconfiguration. The applicant shall have 180 days from the City Council’’s approval of the rezoning request to s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.secure the necessary plat approval, or said rezoning would not take effect. Background Information:Background Information: The subject site proposed to be rezoned is approximately 1.0833 acres and is located on the south side of N. P The subject site proposed to be rezoned is approximately 1.0833 acres and is located on the south side of N. P Street just west of Sens Road. The legal description of the parcel is as described in the draft ordinance. Should the Street just west of Sens Road. The legal description of the parcel is as described in the draft ordinance. Should the City Council approve the rezoning of this tract of land, the applicant will replat the property. The applicant has City Council approve the rezoning of this tract of land, the applicant will replat the property. The applicant has already submitted application of a minor subdivision plat in accordance with applicable code provisions. If a already submitted application of a minor subdivision plat in accordance with applicable code provisions. If a rezoning is not approved by the City Council, then the plat will not be recorded.rezoning is not approved by the City Council, then the plat will not be recorded.  The attached Proposed Berry Acres Plat shows the proposed lot configuration. Judy Berry is proposing to sell a  The attached Proposed Berry Acres Plat shows the proposed lot configuration. Judy Berry is proposing to sell a 36.9-foot by 100foot by 100--foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Joe Berry is seeking to foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Joe Berry is seeking to purchase this portion of property from his mother for the purpose of constructing an accessory structure to be purchase this portion of property from his mother for the purpose of constructing an accessory structure to be used as a storage/workshop.used as a storage/workshop.  Both properties are currently zoned GC, General Commercial, but have single family residences on them. As a  Both properties are currently zoned GC, General Commercial, but have single family residences on them. As a result, the use of both of these properties is classified as nonconforming according to the provisions of Division 9, result, the use of both of these properties is classified as nonconforming according to the provisions of Division 9, Article II (Nonconforming Buildings, Structures and Uses) of Chapter 106 (Zoning Ordinance). According to the Article II (Nonconforming Buildings, Structures and Uses) of Chapter 106 (Zoning Ordinance). According to the provisions of this section, a nonconforming use cannot be expanded and the construction of a new building on the provisions of this section, a nonconforming use cannot be expanded and the construction of a new building on the site would constitute an expansion of the nonconforming use.site would constitute an expansion of the nonconforming use.  Joe Berry is seeking approval of a rezoning from GC to LL for 11914 N. P Street including the additional 3,690  Joe Berry is seeking approval of a rezoning from GC to LL for 11914 N. P Street including the additional 3,690 square foot portion of 1502 Sens Road. This rezoning would remove this property from being classified as square foot portion of 1502 Sens Road. This rezoning would remove this property from being classified as nonconforming and would allow for the construction of the workshop the applicant is proposing. The site at 1502 nonconforming and would allow for the construction of the workshop the applicant is proposing. The site at 1502 Sens Road is not proposed to be rezoned and thus will remain zoned GC.Sens Road is not proposed to be rezoned and thus will remain zoned GC.  The site is currently zoned GC, General Commercial, and contains a single family residence. The following table  The site is currently zoned GC, General Commercial, and contains a single family residence. The following table summarizes the surrounding zoning and land uses:summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use GC, General GC, General Existing single gas Existing single gas North CommercialCommercialstation (across N. P station (across N. P Street)Street) GC, General GC, General Ad Pac (1606 Sens Ad Pac (1606 Sens South CommercialCommercialRoad)Road) LL, Large Lot LL, Large Lot Existing single family Existing single family West ResidentialResidentiallarge lot residential large lot residential (11800 & 11810 N. (11800 & 11810 N. P Street)P Street) GC, General GC, General Existing single family Existing single family East CommercialCommercialresidence at 1502 residence at 1502 Sens Road (owned Sens Road (owned by Judy Berry)by Judy Berry)  The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property  The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property  The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property  The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property the city’s Land Use Map will need to be amended to identify this site as Large Lot Residential. The previous item s Land Use Map will need to be amended to identify this site as Large Lot Residential. The previous item on the agenda represents this request.on the agenda represents this request.  Staff concurs with the Planning and Zoning Commission Staff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000002, rezoning the referenced property from GC to LL.92000002, rezoning the referenced property from GC to LL.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. Zone Change Application3. Zone Change Application 4. Zoning Map4. Zoning Map 5. Land Use Map5. Land Use Map 6. Proposed Berry Acres Plat6. Proposed Berry Acres Plat SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Applicants (Joe Berry and Judy Berry) are seeking to rezone 1.0833 acres of land situated in the Enoch Brinson Applicants (Joe Berry and Judy Berry) are seeking to rezone 1.0833 acres of land situated in the Enoch Brinson Survey, A-5, Harris County, Texas, further known as 11814 N. P Street, from GC, General Commercial, to LL, 5, Harris County, Texas, further known as 11814 N. P Street, from GC, General Commercial, to LL, Large Lot Residential.Large Lot Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the September 25, 2014, meeting concerning The Planning and Zoning Commission conducted a public hearing at the September 25, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City in support of the application this rezoning request. One public hearing notice response was received by the City in support of the application (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or (from the adjacent property to the north; Mr. Ralph Mercado III, 11800 N. P Street). No public testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commissionof the subject property from GC, General Commercial to LL, Large Lot Density Residential. The Commission’s approval was subject to the condition that applicant be required to replat the subject property to recognize the lot approval was subject to the condition that applicant be required to replat the subject property to recognize the lot configuration. The applicant shall have 180 days from the City Councilconfiguration. The applicant shall have 180 days from the City Council’’s approval of the rezoning request to s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.secure the necessary plat approval, or said rezoning would not take effect.   Background Information:Background Information: The subject site proposed to be rezoned is approximately 1.0833 acres and is located on the south side of N. P The subject site proposed to be rezoned is approximately 1.0833 acres and is located on the south side of N. P Street just west of Sens Road. The legal description of the parcel is as described in the draft ordinance. Should the Street just west of Sens Road. The legal description of the parcel is as described in the draft ordinance. Should the City Council approve the rezoning of this tract of land, the applicant will replat the property. The applicant has City Council approve the rezoning of this tract of land, the applicant will replat the property. The applicant has already submitted application of a minor subdivision plat in accordance with applicable code provisions. If a already submitted application of a minor subdivision plat in accordance with applicable code provisions. If a rezoning is not approved by the City Council, then the plat will not be recorded.rezoning is not approved by the City Council, then the plat will not be recorded.  The attached Proposed Berry Acres Plat shows the proposed lot configuration. Judy Berry is proposing to sell a  The attached Proposed Berry Acres Plat shows the proposed lot configuration. Judy Berry is proposing to sell a 36.9-foot by 100foot by 100--foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Joe Berry is seeking to foot squared (3,690 square feet) portion of her lot to her son Joe Berry. Joe Berry is seeking to purchase this portion of property from his mother for the purpose of constructing an accessory structure to be purchase this portion of property from his mother for the purpose of constructing an accessory structure to be used as a storage/workshop.used as a storage/workshop.  Both properties are currently zoned GC, General Commercial, but have single family residences on them. As a  Both properties are currently zoned GC, General Commercial, but have single family residences on them. As a result, the use of both of these properties is classified as nonconforming according to the provisions of Division 9, result, the use of both of these properties is classified as nonconforming according to the provisions of Division 9, Article II (Nonconforming Buildings, Structures and Uses) of Chapter 106 (Zoning Ordinance). According to the Article II (Nonconforming Buildings, Structures and Uses) of Chapter 106 (Zoning Ordinance). According to the provisions of this section, a nonconforming use cannot be expanded and the construction of a new building on the provisions of this section, a nonconforming use cannot be expanded and the construction of a new building on the site would constitute an expansion of the nonconforming use.site would constitute an expansion of the nonconforming use.  Joe Berry is seeking approval of a rezoning from GC to LL for 11814 N. P Street including the additional 3,690  Joe Berry is seeking approval of a rezoning from GC to LL for 11814 N. P Street including the additional 3,690 square foot portion of 1502 Sens Road. This rezoning would remove this property from being classified as square foot portion of 1502 Sens Road. This rezoning would remove this property from being classified as nonconforming and would allow for the construction of the workshop the applicant is proposing. The site at 1502 nonconforming and would allow for the construction of the workshop the applicant is proposing. The site at 1502 Sens Road is not proposed to be rezoned and thus will remain zoned GC.Sens Road is not proposed to be rezoned and thus will remain zoned GC.  The site is currently zoned GC, General Commercial, and contains a single family residence. The following table  The site is currently zoned GC, General Commercial, and contains a single family residence. The following table summarizes the surrounding zoning and land uses:summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use GC, General GC, General Existing single gas Existing single gas North CommercialCommercialstation (across N. P station (across N. P Street)Street) GC, General GC, General Ad Pac (1606 Sens Ad Pac (1606 Sens South CommercialCommercialRoad)Road) LL, Large Lot LL, Large Lot Existing single family Existing single family West ResidentialResidentiallarge lot residential large lot residential (11800 & 11810 N. (11800 & 11810 N. P Street)P Street) GC, General GC, General GC, General GC, General Existing single family Existing single family Existing single family Existing single family EastEast CommercialCommercialresidence at 1502 residence at 1502 Sens Road (owned Sens Road (owned by Judy Berry)by Judy Berry)   The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property the The site is currently identified as commercial in the Land Use Map. As a result, in order to rezone the property the city’s Land Use Map will need to be amended to identify this site as Large Lot Residential. The previous item on s Land Use Map will need to be amended to identify this site as Large Lot Residential. The previous item on the agenda represents this request.the agenda represents this request.   Staff concurs with the Planning and Zoning CommissionStaff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan.     Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000002, rezoning the referenced property from GC to LL.92000002, rezoning the referenced property from GC to LL. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AREA MAP ZONE CHANGE REQUEST #14-92000002 4444A 444 BI LI R-1 MILAM DR PROPOSED REZONE GC TO LL LLD GC BI 1 inch = 200 feet R-1 LAND USE MAP ZONE CHANGE REQ. #14-92000002 LI MILAM DR 44444A BI LL COM PO LAND USE LARGE LOT RESIDENTIAL LDR LOW-DENSITY RESIDENTIAL COMMERCIAL BUSINESS INDUSTRIAL 4444A 44444 444 LIGHT INDUSTRIAL 1 inch = 200 feet PARKS AND OPEN SPACE Council Agenda Item October 27,2014 Receive report of Fiscal Affairs Committee Councilmember Engelken *********************************************************************************** Council Agenda Item October 27, 2014 Receive report of La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: T. Leach T. Leach Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Strategic Plan Update1. Strategic Plan Update SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS  At the April 8, 2013 meeting of City Council, the final version of the Strategic Plan was presented, which included At the April 8, 2013 meeting of City Council, the final version of the Strategic Plan was presented, which included a more detailed listing of action items associated with each goal and objective, plus the addition of four additional a more detailed listing of action items associated with each goal and objective, plus the addition of four additional goals incorporated by staff.  goals incorporated by staff.     In order to provide Council with timely updates, staff will be providing a quarterly update outlining the progress   In order to provide Council with timely updates, staff will be providing a quarterly update outlining the progress made towards the stated goals and objectives.   The updated status report is attached as an exhibit.  Any objective made towards the stated goals and objectives.   The updated status report is attached as an exhibit.  Any objective that is shown in grey has been completed in a previous quarter.that is shown in grey has been completed in a previous quarter.  Staff will be available to respond to questions.Staff will be available to respond to questions. Action Required of Council:Action Required of Council: Recieve report Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: T. Leach T. Leach Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Report1. Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the request of the City Council, staff is providing a quarterly update of delinquent taxes on properties within La At the request of the City Council, staff is providing a quarterly update of delinquent taxes on properties within La Porte.  The following reports are attached and are current through September 2014:Porte.  The following reports are attached and are current through September 2014: Account Breakdown by CategoryAccount Breakdown by Category Payment reportPayment report BankruptciesBankruptcies DeferralsDeferrals DelinquentDelinquent LitigationLitigation Partial PaymentsPartial Payments Struck off propertiesStruck off properties Uncollectable accountsUncollectable accounts  Staff will be present to take note of any accounts that Council has questions about and will provide follow  Staff will be present to take note of any accounts that Council has questions about and will provide follow up as necessary.up as necessary. Action Required of Council:Action Required of Council: Receive report Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Due to the volume of this report, a copy is available for review in the City Secretary’s Office. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A R. McPhail R. McPhail Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   As of October 1, 2014, construction of the Animal Shelter and Adoption Center is approximately 80% As of October 1, 2014, construction of the Animal Shelter and Adoption Center is approximately 80% complete. The project is estimated to be substantially complete by December 1, 2014.The project is estimated to be substantially complete by December 1, 2014.  The major items The major items remaining to be completed are HVAC, millwork, canopies, concrete floor finish and fencing.remaining to be completed are HVAC, millwork, canopies, concrete floor finish and fencing.  Area fencing Area fencing cannot be completed until the City completes site work outside building and paving footprints.cannot be completed until the City completes site work outside building and paving footprints.  To date, the City has expended $881,699.45 (76%) of the construction contract.To date, the City has expended $881,699.45 (76%) of the construction contract.     Action Required of Council:Action Required of Council: Receive update from Staff on the construction status of the Animal Shelter and Adoption Center.Receive update from Staff on the construction status of the Animal Shelter and Adoption Center. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: B. Eng B. Eng Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Report1. Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Staff will again be providing quarterly updates of active drainage projects for Council review. The initial quarterly Staff will again be providing quarterly updates of active drainage projects for Council review. The initial quarterly update is attached as an exhibit. Staff will be present to answer any questions that Council may have regarding the update is attached as an exhibit. Staff will be present to answer any questions that Council may have regarding the report. Action Required of Council:Action Required of Council: Receive Drainage Report update from staff.Receive Drainage Report update from staff. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM October 27, 2014October 27, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Implementation Matrix1. Implementation Matrix--ImmediateImmediate 2. Implementation Matrix2. Implementation Matrix--Short TermShort Term 3. Implementation Matrix3. Implementation Matrix--Long TermLong Term 4. Audit Report4. Audit Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the February 25, 2013, meeting of City Council, the Planning Department Audit Report was presented along At the February 25, 2013, meeting of City Council, the Planning Department Audit Report was presented along with a subsequent Implementation Matrix showing the priority and timeline for delivery of each line item in the with a subsequent Implementation Matrix showing the priority and timeline for delivery of each line item in the order listed within the report. The Implementation Matrix listed the report items into three different priorities for order listed within the report. The Implementation Matrix listed the report items into three different priorities for initiating action: immediate, shortinitiating action: immediate, short--term, and longterm, and long--term. City Council directed staff to report progress quarterly, and term. City Council directed staff to report progress quarterly, and this item represents the fourth quarterly report. this item represents the fourth quarterly report.  Planning staff first addressed the immediate and then short term matrix for the first three reporting periods, and Planning staff first addressed the immediate and then short term matrix for the first three reporting periods, and has been meeting bihas been meeting bi--weekly to ensure the project is on schedule. But because implementation activity has now weekly to ensure the project is on schedule. But because implementation activity has now been accomplished within all three categories, those three matrices are attached to this report. Each been accomplished within all three categories, those three matrices are attached to this report. Each Implementation Matrix graphically shows the degree of completion of each line item by a color coded Gantt chart Implementation Matrix graphically shows the degree of completion of each line item by a color coded Gantt chart During this reporting period, 4 additional items have been During this reporting period, 4 additional items have been During this reporting period, 4 additional items have been During this reporting period, 4 additional items have been with comments if applicable to that line item. with comments if applicable to that line item. completed and progress was made on 7 more. Overall, 30 of the 31 items to be commenced in the completed and progress was made on 7 more. Overall, 30 of the 31 items to be commenced in the immediate-priority list are now complete. 31 of the 32 items in the shortpriority list are now complete. 31 of the 32 items in the short--term priority list are now term priority list are now complete, and now that work has begun on the longcomplete, and now that work has begun on the long--term priority, 7 of the 17 are now complete.term priority, 7 of the 17 are now complete.  The attached Audit Report consists of the originally approved narrative document that now also contains fifth The attached Audit Report consists of the originally approved narrative document that now also contains fifth quarter activity highlighted, with written entry below each applicable recommendation describing what action was quarter activity highlighted, with written entry below each applicable recommendation describing what action was achieved for that recommendation. (Those reported in the first four quarters are no longer highlighted, but are in achieved for that recommendation. (Those reported in the first four quarters are no longer highlighted, but are in bold italics print).bold italics print).  The department continues to receive positive feedback regarding the Predevelopment and Applicant Consultation The department continues to receive positive feedback regarding the Predevelopment and Applicant Consultation (PAC) meetings. More data has been, and will be linked to the City(PAC) meetings. More data has been, and will be linked to the City’’s electronic systems and internet based s electronic systems and internet based information for ease of access. information for ease of access. Action Required of Council:Action Required of Council: Receive report.Receive report. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 4/14 3/14 2/14 1/14 12/13 11/13 10/13 9/13 8/13 7/13 6/13 5/13 P&Z Subcommittee completed SIC to NAICS use table recommendation All forms are posted and fillable PDFs complete. Additional data being COMMENTS generated CompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteComplet eCompleteCompleteCompleteComplete Planning Audit Recommendations 2013 Immediate Priority Recommendations May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13May-13 START ImmediateImmediateImmediateImmediateImmediateImmediateImmediateImmediateImmediate DURATION 6 mo.3 mo.2 mo.3 mo.1 mo.6 mo.1 mo.1 mo.2 mo.2 mo.3 mo.1 mo.1 mo.3 mo.1 mo.1 mo.3 mo. 2 wk.2 wk.2 wk.2 wk. 1 yr. REPORT PAGE 10101111111111121212121212131314141515151919192527 466778 7) Ensure all department comments are simultaneuos with Inspection comments 9) Provide inspection technicians same access to electronic systems and notes 7) Enforce policy that additional comments will not be added to resubmittals4) Enforce policy that additional comments will not be added to resubmittals 14) Use automated letter above in place of the "building permit release" form 16) Make available a good site plan example to use as preparation reference 9) Ensure automated Naviline notices are being sent to site plan reviewers1) Consider 19 identified amendments to Zoning Ordinance and processes 8) Research ability of Naviline to use HCAD parcel ID for project number RECOMMENDATION TYPES AND RECOMMENDATIONS 2) Establish response protocol of Planning and reviewing departments 3) Establish clear responsibility/accountability for various processes 13) Automate the final site plan approval letter sent to the applicant 8) Provide CMO notification of potential public relations situations 10) Simultaneously inspect clearing permit by Parks and Planning 4) Assign duties of former eliminated positions to specific staff 12) Ensure Naviline is holding pemits until site plan is approved 4) Ensure all reviewers are submitting comments electronically 5) Ensure reviewer deadlines are communicated and enforced 10 Post annual schedule of deadlines for all milestone activity 4) Communicate the need for address and utility verifications 5) Use mailmerge to generate labels for zoning notifications 1) Revise Predevelopment-meeting routines with customers3) Develop and consistently use checklists for each reviewer 6) Establish review turn-around time goals for re-submittals 5) Post all application forms and pertainant data on website 11) Copy reviewers on comment letter sent to applicants 1) Compile and finalize staff comments prior to meeting 7) Post department office hours outside of intake area ORGANIZATIONAL/CULTURE RECOMMENDATIONS: 3) Establish and enforce permit review time goals 1) Track certain permit types outside of Navaline 7) Update the Survey Party Chief job description PROCESS RECOMMENDATIONS: DEPARTMENT COHESIVENESS CODE RECOMMENDATIONS: PERMIT INTAKE/ISSUANCE CUMBERSOME PROCESS COMMUNICATION ZONING CODES SITE PLANS MISC. 6/14 5/14 4/14 3/14 2/14 1/14 12/13 11/13 10/13 9/13 8/13 7/13 Developing map of highest concentration of CE Second meeting held in June 2014 Ongoing direction soughtOngoing direction soughtOngoing direction sought COMMENTS CompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteCompleteComplet eCompleteComplete Planning Audit Recommendations 2013 Short Term Recommendations Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13Jul-13 START DURATION OngoingOngoing 6 mo.3 mo.1 mo.3 mo.3 mo.6 mo.3 mo.3 mo.6 mo.3 mo.6 mo.3 mo.6 mo.6 mo.3 mo.6 mo.6 mo.2 mo.3 mo.2 mo.3 mo.3 mo.2 mo.3 mo.3 mo.1 mo.3 mo.3 mo. 2 wk. 3 mo REPORT PAGE 131314151516161717171818191920222223232425252626 56789999 1) Build consensus regarding desired customer service philosophy for department 1) Create system for Inspectors to electronically transfer comments into Naviline 4) Create system for Inspectors to electronically transfer comments into Naviline 2) Establish culture of trust and open communication amongst staff and Council 6) Program Naviline to automatically print work orders for water and sewer taps 1) Consider changing name of Planning Department to better reflect the mission 4) Resolve customer issues prior to review and comment meetings with them 17) Re-evaluate the site plan application form for necessity of all information RECOMMENDATION TYPES AND RECOMMENDATIONS 3)Encourage a culture of problem solving over minor technical compliance 6) Inspection Technicians should receive/log planning-related applications 15) Develop a screening questionnaire to help applicants better prepare 5) Eliminate redundant paper logs when electronic systems capture data8) Cross train Inpection Technicians and ensure the same job description 4) Establish culture of mutual respect for CC, P&Z, staff and customers2) Establish staff member to shepherd applications through all phases 5) Support staff when using agreed upon common sense parameters 6) Establish priority processing of permits rather than chronological 1) Establish culture of trust and open communication amongst staff 2) Develop updated mission statement for Planning Department Those listed in red indicate need for City Council policy guidance 3) Create centralized database of previous code interpretations 3) Conduct quarterly forums with citizen groups and HOAs 1) Re-evaluate the need for extended hours in Inspections 3) Allow trade permits to be finalized prior to building CO 2) Involve inspector in commercial plan review process 5) Publish plan review time goals for common permits ORGANIZATIONAL/CULTURE RECOMMENDATIONS: 2) Modify driveway permit to include culvert sizing 2) Host periodic forums for development dialogue 7a) Review all job descriptions within department 9) Revise P & Z public hearing agenda format 5) Create an on-line inspection request system 7) Establish simplified fence permit process 8) Purge paper files after issuance of C of O PROCESS RECOMMENDATIONS: DEPARTMENT COHESIVENESS PERMIT INTAKE/ISSUANCE CUMBERSOME PROCESS CODE ENFORCEMENT COMMUNICATION MISSION/GOALS INSPECTIONS SITE PLANS TRUST MISC. 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 8 C.Site Plan Review Process 10 D.Permitting Intake/Issuance 14 E.Code Enforcement 16 F.Inspections 17 G.Miscellaneous 19 Organizational Culture Recommendations H.Mission & Goals 21 I.Departmental Cohesiveness 25 J.Trust 27 Code Recommendations K. Code Recommendations 28 Zoning Code 28 Development Ordinance 31 Other 33 III.Conclusion 34 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 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 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. The flow-charted processes were analyzed for efficiency and communication improvement opportunities. Organizational, process, and communication improvements were developed. Suggestions offered by the elected and appointed officials, customers and employees were incorporated. Planning Department Review Mueller Management/Ron Cox Consulting 2 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 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 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. 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 Planning Department Review Mueller Management/Ron Cox Consulting 3 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 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. 4 Planning Department Review Mueller Management/Ron Cox Consulting 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). The first quarterly meeting, which was held in January, addressed GIS Resources and Open Meetings. th The second quarterly meeting was held June 12 and focused on the Predevelopment & Applicant Consultation (PAC) meetings and development flow processes. Staff will seek topics of interest from the development community for discussion during future forums. 3.Establish a centralized database of previous code interpretations accessible to the staff and public; or display in a FAQ format. The ICC Code and Commentary books used for interpreting building and residential code are available for public viewing. Previous code interpretations that have been adopted by policy are also available for public viewing. 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. 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 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 Planning Department Review Mueller Management/Ron Cox Consulting 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. Status of building permit activity is available through Click2Gov. Work is underway to implement Click2Gov for Code Enforcement and Business Licenses, with Planning/Engineering to roll-out with the implementation of One Solution. 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. 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 6 Planning Department Review Mueller Management/Ron Cox Consulting 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 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 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. 7 Planning Department Review Mueller Management/Ron Cox Consulting 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. Efforts are currently underway to collect and assign elevation data to our sanitary sewer and storm sewer system features. To date, approximately 5% of this work has been completed by GIS staff. 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. The Department has considered dispensing of manual collection of information that may no longer have administrative value. 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 8 Planning Department Review Mueller Management/Ron Cox Consulting 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. Plan review comments, permits, and inspection results are permanently maintained in Naviline. Paper records are retained and ultimately destroyed in accordance with the adopted retention schedule. 9.Establish a consistent philosophy to utilize to simplify, rather than complicate, development applications. Several people who were interviewed reported t 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 attit requirements, should be encouraged and enforced by management and City Council. As part of the overall review of the zoning code, the Chapter 106 Zoning Review Subcommittee determined no changes to the PUD development process were warranted. 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. 9 Planning Department Review Mueller Management/Ron Cox Consulting 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. 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 10 Planning Department Review Mueller Management/Ron Cox Consulting 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). 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. 11 Planning Department Review Mueller Management/Ron Cox Consulting A step has been added in Naviline to ensure the site plan approval letter to the applicant is automatically being generated. 14.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. 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. 12 Planning Department Review Mueller Management/Ron Cox Consulting 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. Permit applications and payments can be completed and submitted electronically. 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. In addition to traditional payment methods, the City now accepts credit card payments online or over the phone, which negates the need for establishing individual escrow accounts. 3.Ensure that building plan review turn-around time goals are established and enforced for all staff members involved with plan review. 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. 13 Planning Department Review Mueller Management/Ron Cox Consulting The following paper logs have been eliminated: roof permit log, temporary and portable sign log, and clearing/fill dirt/storm water quality log. All applicable data that was kept in these logs is being captured electronically in Naviline. 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. 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. All three front counter technicians have been cross-trained in the same job duties and workloads are 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 suite of codes should be adopted and utilized. 14 Planning Department Review Mueller Management/Ron Cox Consulting 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. 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. Code enforcement staff will be implementing Arc GIS online to track case status. Naviline does not currently interface with GIS, but Sungard has assured staff Staff is currently in the process of implementing ArcGIS online, which is cloud based software that allows users access to the status of code enforcement cases. A database of code enforcement cases of the past five years has been mapped for utilization by staff. Sungard has assured staff that this GIS data can be mapped and displayed with the implementation of One Solution. Conduct quarterly forums with citizens and homeowners groups. These forums can be utilized to a system for follow up. Naviline Cognos is incapable of producing a report in a format compatible with GIS. Staff has manually developed a map depicting the highest concentration of code enforcement issue areas. 15 Planning Department Review Mueller Management/Ron Cox Consulting F.Inspections Findings 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. Inspectors are assigned by project rather than exclusively by location. 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. All Inspectors have been given the opportunity to participate in the commercial plan review process. 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. Trade permit inspections are being allowed prior to final building certificate of occupancy, upon request. 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. 16 Planning Department Review Mueller Management/Ron Cox Consulting 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, -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. Customers have the ability to request inspections by either leaving a message on a designated phone line or by submitting requests online. Inspection requests received by phone are now systematically 6.Interface the NaviLine system with the website so that inspection results can be viewed on-line by the contractor or owner. L 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. 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. Utility Extension Agreement related data will be included in utility attributes layer accessible online through GIS. GIS Technician will create attributes for water and sewer that will identify utilities constructed under active utility extension agreements. 17 Planning Department Review Mueller Management/Ron Cox Consulting 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. State law allows for ad-hoc abandonment requests; therefore the City must continue to respond to those requests. Staff will review the need for unused rights-of-way in the context of the Comprehensive Plan goals. 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. Naviline has been configured to automatically notify the Utility Superintendent that a work order request for a water or sewer tap is pending. 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 automation recommendations related to the Inspections 18 Planning Department Review Mueller Management/Ron Cox Consulting 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 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. i. While certain tasks have been shifted from GIS, the Department is still evaluating future priorities and resources of the GIS program, which may allow for further shifting of non-GIS duties. ii. GIS is now available online for all department/city staff. Additional Laserfiche licenses have been provided to Department staff and we will continue to monitor the need for additional licenses and training as necessary. iii. In addition to multiple GIS layers created over the past several years, work is underway to implement new GIS tools for vertically mapping sanitary and storm sewer features as well as documentation of Utility Extension Agreements. New applications currently underway will provide Code Enforcement officers the ability to document case status from the field. Efforts are also underway to implement tools allowing for the geographical mapping of all addresses within the City with the support of the 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 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 -in for the mission and goals of the City and Council and management for the department. Developing improved processes and procedures will 19 Planning Department Review Mueller Management/Ron Cox Consulting 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 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 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 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 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 Planning Department Review Mueller Management/Ron Cox Consulting 20 appropriate channels for communicating methodology for presenting amendments to various codes and ordinances 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. -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 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. Inculcate an attitude of collaboration with citizens and customers, instead of power and control, to over Planning Department Review Mueller Management/Ron Cox Consulting 21 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 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 . As stated earlier, frank discussions between City Council and staff should allow for the development of common 22 Planning Department Review Mueller Management/Ron Cox Consulting s 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 -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. Anticipate 6-month duration to establish Planning Commission bylaws and rules of procedure to begin following approval of the Zoning Ordinance amendments. 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. 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. It is recommended the Department name be changed to to better reflect the overall mission and activity of the Department, as suggested by the consultant. 23 Planning Department Review Mueller Management/Ron Cox Consulting 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 (ĭƚƒƒƚƓ ƭĻƓƭĻ ķĻĭźƭźƚƓƭ), 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 an internal, rules-based focus as opposed to an external project-completion focus. The City Planner 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 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 --oriented, and individuals involved with planning-related fields --oriented. When employees interact with other members of the department, recognizing these different perspectives will facilitate communication and problem- 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 24 Planning Department Review Mueller Management/Ron Cox Consulting 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. Department 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. 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. In the weekly memo to City Council, Staff will continue to convey any relevant successes or problems. Current statistical data will be augmented to include benchmark information as denoted above. K.Code Recommendations Findings 25 Planning Department Review Mueller Management/Ron Cox Consulting 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 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. 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 opaque screening requirement applies. vi.106-333 Table B, Residential Area Requirements, footnote 14 This footnote requires an additional 25--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) 26 Planning Department Review Mueller Management/Ron Cox Consulting 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) 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 a sufficient amount o 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 27 Planning Department Review Mueller Management/Ron Cox Consulting V -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 needed to expedite a project. The Planning and Zoning Commission Chapter 106 Committee is reviewing the Zoning Ordinance in its entirety. The subcommittee is approximately 90% complete with their recommendations for revisions to Chapter 106 of the Code of Ordinances. The subcommittee should be ready to present their recommendations to the Commission in mid-summer. 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.) 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.n outdated 28 Planning Department Review Mueller Management/Ron Cox Consulting 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) Preliminary Plats: 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, 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 29 Planning Department Review Mueller Management/Ron Cox Consulting 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. Anticipated 6-month duration for review of the Development Ordinance will begin after approval of the amendments to the Zoning Ordinance. 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 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. Anticipated 6-month duration for review of the Development Ordinance will begin after approval of the amendments to the Zoning Ordinance. 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. 30 Planning Department Review Mueller Management/Ron Cox Consulting 31 Planning Department Review Mueller Management/Ron Cox Consulting Council Agenda Item Council Agenda Item October 27, 2014 October 27, 2014 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •La Porte Development Corporation Board Meeting, Monday, November 10, 2014La Porte Development Corporation Board Meeting, Monday, November 10, 2014 •City Council Meeting, Monday, November 10, 2015City Council Meeting, Monday, November 10, 2015 •City Council Meeting, Monday, December 8, 2014City Council Meeting, Monday, December 8, 2014 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Engelken, Earp, Clausen, Martin, Moser, Kaminski, Councilmembers Engelken, Earp, Clausen, Martin, Moser, Kaminski, Zemanek Leonard and Mayor RigbyZemanek Leonard and Mayor Rigby   11.EXECUTIVE SESSIONEXECUTIVE SESSION    Texas Government Code, Section 551.072Texas Government Code, Section 551.072-- For the purpose of deliberating the purchase, exchange, For the purpose of deliberating the purchase, exchange, lease, or value of real property: former Parks and Wildlife Building surronding property.lease, or value of real property: former Parks and Wildlife Building surronding property. Texas Government Code, Section 551.074Texas Government Code, Section 551.074-- Personnel Matters: Deliberation concerning the appointment, Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City ManagerAlexander, City Manager 12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive session.session.   13.ADJOURNADJOURN ****************************************************************** ******************************************************************