HomeMy WebLinkAbout02-09-15 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 February 9, 2015, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held
February 9, 2015,
beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La
Porte, Texas,
for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject
to action.
1.CALL TO ORDERCALL TO ORDER
The invocation will be given by Michael Thannisch, Congregation Benim Avraham.The invocation will be given by Michael Thannisch, Congregation Benim Avraham.
2.INVOCATIONINVOCATION
The Pledge of Allegiance will be led by Councilmember Dottie The Pledge of Allegiance will be led by Councilmember Dottie
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
Kaminski.Kaminski.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
Recognition Recognition -- Employee of the (Fourth) Quarter Employee of the (Fourth) Quarter -- Charlene Fox (City of La Porte Charlene Fox (City of La Porte
(a)
Telecommunications) Telecommunications) -- Mayor Rigby Mayor Rigby
Recognition Recognition -- Employee of the Year Employee of the Year -- Brian Sterling (City of La Porte GIS Manager) Brian Sterling (City of La Porte GIS Manager) - Mayor
(b)
RigbyRigby
Recognition Recognition -- Manager of the Year Manager of the Year -- Cherell Daeumer (City of La Porte Purchasing Manager) Cherell Daeumer (City of La Porte Purchasing Manager) -
(c)
Mayor RigbyMayor Rigby
Recognition Recognition -- Retirement of James Stark (City of La Porte Public Works Department) Retirement of James Stark (City of La Porte Public Works Department) - Mayor
(d)
RigbyRigby
(Limited to five minutes per person.) (Limited to five minutes per person.)
5.PUBLIC COMMENTSPUBLIC COMMENTS
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.)
Consider approval or other action of the minutes of the Council meeting held Consider approval or other action of the minutes of the Council meeting held
(a)
on January 26, 2015 on January 26, 2015 -- P. Fogarty P. Fogarty
Consider approval or other action authorizing the City Manager to execute a contract with Port Consider approval or other action authorizing the City Manager to execute a contract with
Port
(b)
of Houston Authority for the provision of emergency medical services by the City of La Porte of Houston Authority for the provision of emergency medical services by the City of La Porte
EMS for Barbour's Cut Terminal EMS for Barbour's Cut Terminal -- R. Nolen R. Nolen
Consider approval or other action to renew the 2013 contract with North Houston Pole Line for Consider approval or other action to renew the 2013 contract with North Houston Pole Line
for
(c)
sanitary sewer repair, replacement and/or rehabilitation with an approved allocation of sanitary sewer repair, replacement and/or rehabilitation with an approved allocation of
$175,000.00 $175,000.00 -- D. Mick D. Mick
Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015 to
(d)
Brookside Equipment through Texas BuyBoard and rescinding the approval at Brookside Equipment through Texas BuyBoard and rescinding the approval at
the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment
the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment
through HGAC through HGAC -- D. Mick D. Mick
Consider approval or other action regarding Ordinance 2007Consider approval or other action regarding Ordinance 2007--IDAIDA--141, authorizing execution 141, authorizing execution
(e)
of an Industrial District Agreement between the City of La Porte and Almondwater LLC. of an Industrial District Agreement between the City of La Porte and Almondwater LLC. - K.
PowellPowell
Consider approval or other action authorizing the Mayor to execute a Water Service Consider approval or other action authorizing the Mayor to execute a Water Service
(f)
Agreement and a Sanitary Sewer Service Agreement with Almondwater LLC. Agreement and a Sanitary Sewer Service Agreement with Almondwater LLC. -- T. Tietjens T. Tietjens
7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES
Public hearing to receive comments regarding recommendations by the Planning and Zoning Public hearing to receive comments regarding recommendations by the Planning and Zoning
(a)
Commission to approve Rezone Request #14Commission to approve Rezone Request #14--92000004, rezoning property from split Low 92000004, rezoning property from split Low
Density Residential (RDensity Residential (R--1) and General Commercial (GC), to exclusively General Commercial 1) and General Commercial (GC), to exclusively General Commercial
(GC) for a 1.6611 tract of land located at the southeast corner of Spencer Highway and (GC) for a 1.6611 tract of land located at the southeast corner of Spencer Highway and
Canada Road Canada Road -- E. Ensey E. Ensey
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
(b)
the Code of Ordinances of the City of La Porte by changing the zoning classification from split the Code of Ordinances of the City of La Porte by changing the zoning classification from
split
Low Density Residential (RLow Density Residential (R--1) and General Commercial (GC) to exclusively General 1) and General Commercial (GC) to exclusively General
Commercial (GC) for a 1.6611 tract of land located at the southeast corner of Spencer Commercial (GC) for a 1.6611 tract of land located at the southeast corner of Spencer
Highway and Canada Road Highway and Canada Road -- E. Ensey E. Ensey
8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION
Discussion or other action regarding a request by Boone Exploration, Inc. for relief from 300' Discussion or other action regarding a request by Boone Exploration, Inc. for relief from
300'
(a)
distance requirement from any dwelling or water well for a proposed Geophysical Mineral distance requirement from any dwelling or water well for a proposed Geophysical Mineral
Exploration and Testing Permit Exploration and Testing Permit -- T. Tietjens T. Tietjens
Discussion or other action regarding the surcharge fee component of the City of La Porte Discussion or other action regarding the surcharge fee component of the City of La Porte
(b)
Industrial Waste Ordinance (This item was tabled at the January 12, 2015 meeting) Industrial Waste Ordinance (This item was tabled at the January 12, 2015 meeting) - D. Mick
9.REPORTSREPORTS
Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken
(a)
Receive 2014 City of La Porte Police Department Racial Profiling Report Receive 2014 City of La Porte Police Department Racial Profiling Report -- K. Adcox K. Adcox
(b)
Receive Planning Department Audit Report Receive Planning Department Audit Report -- T. Tietjens T. Tietjens
(c)
Receive Drainage Report Receive Drainage Report -- B. Eng B. Eng
(d)
10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community
11.COUNCIL COMMENTSCOUNCIL COMMENTS
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 Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen,
Martin, Moser and Mayor RigbyMartin, Moser and Mayor Rigby
12.EXECUTIVE SESSIONEXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code, in accordance with the authority contained in:Code, in accordance with the authority contained in:
Deliberation concerning the appointment, Deliberation concerning the appointment,
Texas Government Code, Section 551.074Texas Government Code, Section 551.074
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee:
Patrice Fogarty, City Secretary and Corby Alexander, City Manager.Patrice Fogarty, City Secretary and Corby Alexander, City Manager.
Consultations with Attorney regarding pending Consultations with Attorney regarding pending
Texas Government Code, Section 551.071(1)(a)Texas Government Code, Section 551.071(1)(a)
or contemplated Litigation or contemplated Litigation Meet with City Attorney to discuss contract with 65 La Porte, Ltd.Meet with City Attorney to discuss contract with 65 La Porte,
Ltd.
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
13.RECONVENERECONVENE
session.session.
14.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 February 9, 2015, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the February 9, 2015, agenda of items
to be considered by the City Council was posted on the City
Hall bulletin board on February 3, 2015.Hall bulletin board on February 3, 2015.
Council Agenda Item Council Agenda Item
February 9, 2015 February 9, 2015
1.CALL TO ORDERCALL TO ORDER
The invocation will be given by Michael Thannisch, Congregation Benim Avraham.The invocation will be given by Michael Thannisch, Congregation Benim Avraham.
2.INVOCATIONINVOCATION
The Pledge of Allegiance will be led by Councilmember Dottie The Pledge of Allegiance will be led by Councilmember Dottie
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
Kaminski.Kaminski.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
Recognition Recognition -- Employee of the (Fourth) Quarter Employee of the (Fourth) Quarter -- Charlene Fox (City of La Porte Charlene Fox (City of La Porte
(a)
Telecommunications) Telecommunications) -- Mayor Rigby Mayor Rigby
Recognition Recognition Recognition Recognition ---- Employee of the Year Employee of the Year Employee of the Year Employee of the Year ---- Brian Sterling (City of La Porte GIS
Manager) Brian Sterling (City of La Porte GIS Manager) Brian Sterling (City of La Porte GIS Manager) Brian Sterling (City of La Porte GIS Manager) -- Mayor Mayor
(b)(b)
RigbyRigby
Recognition Recognition -- Manager of the Year Manager of the Year -- Cherell Daeumer (City of La Porte Purchasing Manager) Cherell Daeumer (City of La Porte Purchasing Manager) -
(c)
Mayor RigbyMayor Rigby
Recognition Recognition -- Retirement of James Stark (City of La Porte Public Works Department) Retirement of James Stark (City of La Porte Public Works Department) - Mayor
(d)
RigbyRigby
(Limited to five minutes per person.) (Limited to five minutes per person.)
5.PUBLIC COMMENTSPUBLIC COMMENTS
****************************************************************** ******************************************************************
th
Employee of the 4 Quarter:
Charlene Fox Dispatcher
On November 15, 2014, while working the graveyard shift, Ms. Fox took a frantic call from a male
subject at a chemical plant. The caller advised Ms. Fox that there had possibly been a mass casualty
situation involving five people at the plant, and that they were in need of assistance. Ms. Fox quickly
sprang into action by taking control of the call. She was able to calm the caller down in order to
retrieve proper information so that the units could be properly dispatched. On this night where there
were normally three dispatchers on duty, the shift was only manned by Ms. Fox and Mr. Taylor. Ms.
Fox was able to give proper instructions to Mr. Taylor, who had recently been release from his
training phase and they were able to get the ball rolling to send assistance.
This incident started a 04:47 am and continued until the conclusion of the graveyard shift. During this
time Ms. Fox dispatched PD, Fire and EMS to the location, Notified the supervisor on duty, made
several phone calls to other agencies that were needed to assist, made contract with the EOC
Manager, and placed many other phone calls regarding this incident. During this time she was also
responsible for her regular dispatch duties as well, which were all handled very professionally.
This incident hit the media rather quickly. It was a very sad situation to hear that four families lost
their loved ones. However, this dispatcher handled the situation with extreme confidence and
professionalism. The phone calls were released to the media. Emergency calls are a normal part of a
y skills by which Ms. Fox
displayed beyond a shadow of a doubt.
Employee of the Year:
Brian Sterling, GIS Manager
As a key member of the Planning Department, Brian has demonstrated his versatility by
holding numerous positions since he began in 1986. Among them Survey Tech,
Draftsman, Engineering Tech, and most
been an invaluable resource for La Porte.
But it has been his most recent contributions to the department and the City that
deserve recognition for the award. As the department began implementing the
recommendations in the Planning Audit, Brian has taken the lead in reformatting the
electronic systems of how the department interacts with the public and the information
that was available to the public.
Perhaps even more importantly, over the last several months, the department has
suffered staff shortages by as much as 20%. Brian immediately stepped up and offered
to take over the development processing tasks associated with the previous Planner
position. He not only took over a majority of the duties, but also put into place measures
that ensure better record-keeping accountability and improved the system of contact
with customers.
Brian demonstrated a whatever-it-takes attitude in processing projects. He was
frequently at city hall on weekends and in the evenings. I have heard from members of
the internal review loops that the level of detail and professionalism for the organization
have improved as a result of his initiatives.
Not only is Brian willing to help wherever and whenever needed, but his solutions are
innovative, and his level of organization has stepped up the level of response for the
department. We are very proud of the work Brian accomplished through this difficult
period and am pleased to present him with Employee of the Year.
Manager of the Year:
Cherell Daeumer, Purchasing Manager
Purchasing Manager, and she has oversight over all procurement
matters of the city. Cherell has shown how very competent and capable she is as a manger, and she
is our direct link to the procurement world. This year Cherell has been the catalyst of the purchasing
department due to her in-depth knowledge of procurement laws and procedures. Her
accomplishments this year are remarkable and vast.
Cherell has accomplished the following:
Updated all purchasing policies to insure compliance with current governmental codes
Established terms and Conditions for Purchase Orders and has posted them on the website,
which allows vendors to review our terms prior to contracting to do business with the city
Developed a standard contract agreement for all bids and proposals, which eliminated the
antiquated usage of the bid as a contract
Updated and improved the Purchase Order Form and developed electronic processing for
several purchasing processes to include scanning P-Card receipts into the system
Expanded the P-Card program by eliminating Blanket Purchase Orders which increased the
utilization of P-Card to purchase contract and repetitively purchased items
Implemented an on-line vendor registration, which has increased competition for goods and
services (Public Purchase allows vendors all other the state to register and compete for goods
and services requested by the city)
Developed a city wide contract administration to monitor and assist with the management of all
contract within the City
Received the Achievement in Excellence for Procurement Award (first time ever for the City)
Organized the first City-Wide Office Supply Swap, which repurposed and recycled unwanted
supplies and equipment
electronically all bids, contracts, and purchase orders
Cherell is dependable dedicated, and exceeds all deadlines. She has developed a stellar reputation
staff have received numerous compliments from other department heads who praise their
accomplishments. She is a pleasure to be around, and she is our ambassador to other city
from financial service technician is as an example to other city employees, who desire to obtain
promotion and advance their careers. These distinctive accomplishments are the reasons she is
deserving of admiration and recognition as the Manager of the Year.
wĻĭƚŭƓźƷźƚƓ ƚŅ WğƒĻƭ {ƷğƩƉ wĻƷźƩĻƒĻƓƷ ǞźƷŷ ЌЉ ΛњΜ ĻğƩƭ ƚŅ {ĻƩǝźĭĻ
The City of La Porte congratulates James Stark on his retirement effective January 30, 2015, and we thank James for his
service on behalf of the City of La Porte residents for 30.5 years. James began his career with the City of La Porte Parks
and Recreation Department in August, 1984. In May, 1988 James was transferred to the Public Works Department and
was promoted to the position of Equipment Operator 1 and was again promoted in 2004 to Operator 3. James was a
very good operator of all of the Public Works Department equipment and earned a number of commendations for his
work over the years. A lifelong La Porte resident, James and his family continue to reside in east La Porte.
Council Agenda Item Council Agenda Item
February 9, 2015 February 9, 2015
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.)
Consider approval or other action of the minutes of the Council meeting held Consider approval or other action of the minutes of the Council meeting held
(a)
on January 26, 2015 on January 26, 2015 -- P. Fogarty P. Fogarty
Consider approval or other action authorizing the City Manager to execute a contract with Port Consider approval or other action authorizing the City Manager to execute a contract with
Port
(b)
of Houston Authority for the provision of emergency medical services by the City of La Porte of Houston Authority for the provision of emergency medical services by the City of La Porte
EMS for Barbour's Cut Terminal EMS for Barbour's Cut Terminal -- R. Nolen R. Nolen
Consider approval or other action to renew the 2013 contract with North Houston Pole Line for Consider approval or other action to renew the 2013 contract with North Houston Pole Line
for
(c)
sanitary sewer repair, replacement and/or rehabilitation with an approved allocation of sanitary sewer repair, replacement and/or rehabilitation with an approved allocation of
$175,000.00 $175,000.00 -- D. Mick D. Mick
Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015
(d)
to Brookside Equipment through Texas BuyBoard and rescinding the approval at to Brookside Equipment through Texas BuyBoard and rescinding the approval at
the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment the January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment
through HGAC through HGAC -- D. Mick D. Mick
Consider approval or other action regarding Ordinance 2007Consider approval or other action regarding Ordinance 2007--IDAIDA--141, authorizing execution 141, authorizing execution
(e)
of an Industrial District Agreement between the City of La Porte and Almondwater LLC. of an Industrial District Agreement between the City of La Porte and Almondwater LLC. - K.
PowellPowell
Consider approval or other action authorizing the Mayor to execute a Water Service Consider approval or other action authorizing the Mayor to execute a Water Service
(f)
Agreement and a Sanitary Sewer Service Agreement with Almondwater LLC. Agreement and a Sanitary Sewer Service Agreement with Almondwater LLC. -- T. Tietjens T. Tietjens
****************************************************************** ******************************************************************
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 Large B
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
JANUARY 26, 2015
Monday, January 26, 2015,
The City Council of the City of La Porte met in a regular meeting on at the
6:00 p.m
City 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, Martin, Earp, Moser, Leonard, and Engelken. Absent: Councilmembers
Clausen and Zemanek. Also present were City Secretary Patrice Fogarty and City Manager Corby
Alexander.
2. INVOCATION
The invocation will be given by Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance will be led by Councilmember Tommy
Moser.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)
Recognition Retirement of Monway (Monie) Ison (Bay Forest Golf Course) Mayor Rigby
Mayor Rigby recognized the retirement of Monway (Monie) Ison.
5. PUBLIC COMMENTS
(Limited to five minutes per person.)
Ross Selvaggi, 10016 Porter Rd., addressed Council urging opposition to the heavy haul corridor.
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 City Council Meeting held on
January 12, 2015 P. Fogarty
(b)
Consider approval or other action regarding an Ordinance ordering the May 9, 2015,
general election in the City of La Porte P. Fogarty
(c)
Consider approval or other action regarding an Interlocal Joint Election Agreement between
the City of La Porte; La Porte ISD and San Jacinto College P. Fogarty
(d)
Consider approval or other action regarding expenditure by the La Porte Development
Corporation for an Enhancement Grant not to exceed $25,000 for Lafitte Cajun Station at
the completion of the project S. Livingston
16
Page of
January 26, 2015, Council Meeting Minutes
(e)
Consider approval or other action authorizing the City Manager to execute an Amendment
to the Municipal Maintenance Agreement with Texas Department of Transportation for the
maintenance of the right-of-way along State Highway 146 T. Leach
(f)
Consider approval or other action authorizing the Mayor to execute an Agreement with
Harris County Transit Authority for the provision of local circulator bus service T. Leach
(g)
Consider approval or other action regarding a Resolution opposing the designation of State
Highway 146 as a heavy haul corridor T. Leach
(h)
Consider approval or other action regarding an Ordinance vacating, abandoning, and
clo-of-way between Willow Avenue and
Park Drive T. Tietjens
(i)
Consider approval or other action regarding adoption of a Local Bidder Preference Policy
and Local Bidder Preference Application Form M. Dolby
(j)
Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2014-2015 Budget M. Dolby
Regarding Item H, Councilmember Martin questioned if the City will have to cover the cost of sewer
lines for the six (6) new single-family lots after closing the existing sanitary sewer line. Planning and
Development Director Tim Tietjens responded no, the developer plans to re-orient the lots; and
there will be no obstruction to the utilities.
Councilmember Moser moved to approve the Consent Agenda pursuant to staff recommendations.
MOTION PASSED.
Councilmember Leonard seconded.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Engelken,
Martin, Kaminski and Earp
Nays: None
Absent: Councilmembers Clausen and Zemanek
Ordinance 2015-3565:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF
ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR
A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT AND THE SAN JACINTO
COLLEGE; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS;
PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT
BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE;
PROVIDING FOR A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2015-3566:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE SYLVAN AVENUE RIGHT-OF-
DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2015-3567:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE; TEXAS, FOR THE
PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
7. AUTHORIZATIONS
(a)
Consider approval or other action regarding an agreement with Ray+Hollington Architects, Inc.
for architectural services in the amount of $88,650 for restoration of the historic LPISD Colored
School R. J. Davidson
26
Page of
January 26, 2015, Council Meeting Minutes
Planning and Development Director Tim Tietjens presented a summary; and Deputy Building
Official R. J. Davidson provided specific details of the agreement with Ray+Hollington Architects,
Inc., for architectural services and the project.
Councilmember Moser moved to approve an agreement with Ray+Hollington Architects, Inc., for
architectural services in the amount of $88,650 for restoration of the historic LPISD Colored School.
MOTION PASSED.
Councilmember Kaminski seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Moser,
Leonard, Earp and Martin
Nays: None
Absent: Councilmembers Clausen and Zemanek
(b)
Consider approval or other action regarding an amendment to the City of La Porte Employees
Handbook relating to education reimbursement guidelines A. Curry
Human Resources Manager Allison Curry presented a summary.
Councilmember Engelken moved to approve an amendment to the City of La Porte Employees
Handbook relating to education reimbursement guidelines. Councilmember Leonard seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Moser,
Leonard, Earp and Martin
Nays: None
Absent: Councilmembers Clausen and Zemanek
8. DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding an Ordinance amending the current parkland provisions of
Development Ordinance 1444, Section 12.01(a) as it relates to assessing fees for individual
dwelling units T. Tietjens
Planning and Development Director Tim Tietjens presented a summary.
Councilmember Moser moved to approve an Ordinance amending the current parkland provisions
of Development Ordinance 1444, Section 12.01(a) as it relates to assessing fees for individual
MOTION PASSED.
dwelling units. Mayor Rigby seconded.
Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin,
Kaminski and Engelken
Nays: None
Absent: Councilmembers Clausen and Zemanek
Ordinance 2015-3568:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 1444 BY AMENDING SECTION 12.01 (a)
PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT
TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b)
Discussion or other action regarding notification requirements for property owners in
connection with public hearings required under Chapter 106 Zoning of the La Porte Code of
Ordinances and heard before the City of La Porte Planning and Zoning Commission; La Porte
Zoning Board of Adjustment and La Porte City Council E. Ensey
36
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January 26, 2015, Council Meeting Minutes
City Planner Eric Ensey presented a summary.
Councilmember Leonard asked what the notification requirements of surrounding communities are.
Mr. Ensey advised Baytown requires 300 feet; Deer Park 200 feet; League City 500 feet; Pasadena
200 feet; and Seabrook 200 feet.
Mayor Rigby questioned if the City had received complaints from residents living outside the
200-foot requirement. Mr. Ensey advised there was a case with a Special Conditional Use Permit
where citizens from a subdivision were concerned they did not receive notice.
Councilmember Earp commented 1000 feet seems like a long way, and maybe 500 feet would be
better for consideration.
Councilmember Leonard commented 200 feet is fine in most of the city, but in a large lot district
maybe having 500-1000 feet would work.
Assistant City Attorney Clark Askins advised he would have to do research the law on the subject of
dual standards.
Councilmember Leonard commented if there is an issue with dual standards, he is more inclined to
Mayor Rigby commented he is fine with 200 feet.
Councilmember Martin questioned why not keep the 200 feet and also send notice to the
Homeowners' Association president. Assistant City Attorney Clark Askins advised it may be an
equal protection issue.
Mayor Rigby asked if there was a motion to table until a future meeting in order to give time for the
assistant city attorney to research dual standards and equal protection. Councilmember Earp
stated he is fine with 200 feet; and Councilmember Leonard stated he is, as well.
Councilmember Earp moved to leave as is the notification requirements for property owners in
connection with public hearings required under Chapter 106 Zoning of the La Porte Code of
Ordinances and heard before the City of La Porte Planning and Zoning Commission; La Porte
Zoning Board of Adjustment and La Porte City Council. Councilmember Leonard seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin,
Kaminski and Engelken
Nays: None
Absent: Councilmember Clausen and Zemanek
The Assistant City Attorney requested clarification regarding whether this subject matter will be
considered by the Planning and Zoning Commission. It was clarified that City Council is not
forwarding this subject matter to the Planning and Zoning Commission for consideration.
(c)
Discussion or other action regarding proposed draft updates to the City of La Porte and
La Porte Area Water Authority Drought Contingency Plans D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Engelken moved to approve proposed draft updates to the City of La Porte and
La Porte Area Water Authority Drought Contingency Plans. Councilmember Moser seconded.
MOTION PASSED.
46
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January 26, 2015, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin,
Kaminski and Engelken
Nays: None
Absent: Councilmember Clausen and Zemanek
(d)
Discussion or other action regarding proposed draft updates to the City of La Porte and
La Porte Area Water Authority Water Conservation Plans D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Engelken moved to approve proposed draft updates to the City of La Porte and
La Porte Area Water Authority Water Conservation Plans. Councilmember Martin seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin,
Kaminski and Engelken
Nays: None
Absent: Councilmember Clausen and Zemanek
9. Reports
(a)
Receive report of Fiscal Affairs Committee Councilmember Engelken
Councilmember Engelken provided a report from the Fiscal Affairs Committee meeting held prior to
this meeting and reported the City is off to a very good start according the Finance Department.
(b)
Receive report of La Porte Development Corporation Board Councilmember Engelken
Councilmember Engelken provided a report from the La Porte Development Corporation Board
meeting held prior to this meeting, stating the Board will move forward with publishing a 60-day
notice of a public hearing to consider awarding an economic development grant to Gantstein
Esquire, LLC, for an amount not to exceed $300,000.
(c)
Receive report on the quarterly Delinquent Tax Report T. Leach
Assistant City Manager Traci Leach provided a report. There were no questions.
(d)
Receive report on Animal Shelter and Adoption Center R. J. Davidson
Deputy Building Official R. J. Davidson provided a report. Councilmember Engelken asked if there
is a projected opening date for the Animal Shelter and Adoption Center. Mr. Davidson responded
he cannot give a hard date, but staff is moving forward on an opening date as fast as possible.
10. ADMINISTRATIVE REPORTS
La Porte Development Corporation Board Meeting, Monday, February 9, 2015
City Council Meeting, Monday, February 9, 2015
City Manager Corby Alexander reminded Council of the City Council Budget Retreat in April and
asked Council to give some thought to items they wish to discuss.
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 Moser, Kaminski, Zemanek, Leonard, Engelken,
Earp, Clausen, Martin and Mayor Rigby.
Councilmember Moser thanked Councilmember Kaminski and Mayor Rigby for attending the Martin
Luther King, Jr., Park Dedication and City Staff for their assistance; Councilmember Kaminski
commented the Martin Luther King, Jr., Park Dedication had nice attendance and congratulated
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January 26, 2015, Council Meeting Minutes
Monway (Monie) Ison on his retirement; Councilmember Engelken thanked Monway (Monie) Ison
for his years of service to the City and congratulated him on his retirement; Councilmember Martin
congratulated Monway (Monie) Ison on his retirement, wished Jaree Hefner the best at her new job,
commented on the nice speech from Meterologist Neil Frank at the La Porte Chamber of
Commerce Installation Banquet and congratulated his son Jeff Martin for been awarded Volunteer
of the Year at the banquet; and Mayor Rigby reiterated comments from Councilmembers Moser and
Kaminski in regards to the Martin Luther King, Jr., Park Dedication and the informative speech
provided by Meterologist Neil Frank at the La Porte Chamber of Commerce Installation Banquet.
12. ADJOURN
There being no further business, the meeting adjourned at 7:02 p.m.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on February 9, 2015.
________________________________
Mayor Louis R. Rigby
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January 26, 2015, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Ray Nolen Ray Nolen Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Emergency Medical Services Emergency Medical Services
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Copy of Contract1. Copy of Contract
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The existing service contract for EMS services with the Port of Houston Authority The existing service contract for EMS services with the Port of Houston Authority BarbourBarbours
Cut Terminal s Cut Terminal
(BCT) Facility expired on January 31, 2015 and has been operating on a month to month basis, pending renewal. (BCT) Facility expired on January 31, 2015 and has been operating on a month
to month basis, pending renewal.
This service contract has worked well for the provision of emergency medical services in the past and staff would This service contract has worked well for the provision of emergency
medical services in the past and staff would
like to continue the service by renewing the contract between the City of La Porte EMS and the Port of Houston like to continue the service by renewing the contract between the City
of La Porte EMS and the Port of Houston
Authority BCT Facility to provide Emergency Medical Service for a period of thirtyBCT Facility to provide Emergency Medical Service for a period of thirty--six (36) months.six (36)
months.
The attached 2015The attached 2015--18 contract is calculated at a rate of $27.43 per employee, per year. This is an increase of .57 18 contract is calculated at a rate of $27.43 per
employee, per year. This is an increase of .57
cents per employee over the previous contractcents per employee over the previous contracts negotiated rate. The total agreement amount invoiced will be s negotiated rate. The total
agreement amount invoiced will be
based on an Average Daily Population at the Barbourbased on an Average Daily Population at the Barbours Cut Facility. s Cut Facility.
The calculated rate formula is based on the annual operating EMS budget, plus CIP, plus 10%, divided by the The calculated rate formula is based on the annual operating EMS budget,
plus CIP, plus 10%, divided by the The calculated rate formula is based on the annual operating EMS budget, plus CIP, plus 10%, divided by the The calculated rate formula is based on
the annual operating EMS budget, plus CIP, plus 10%, divided by the
current population of La Porte. That figure is then divided by 3 due to a regular employee routinely being at work a current population of La Porte. That figure is then divided by 3
due to a regular employee routinely being at work a
third of the day.third of the day.
2012-15 Revenues 15 Revenues Actual $79,854.00 / Calls Actual $79,854.00 / Calls -- 108 108
Attached is a copy of the contract renewal with the Port of Houston Authority for Emergency Medical Service at Attached is a copy of the contract renewal with the Port of Houston Authority
for Emergency Medical Service at
the Barbours Cut Facility. The contract starts on February 1, 2015 and will end on January 31, 2018. s Cut Facility. The contract starts on February 1, 2015 and will end on January
31, 2018.
Staff recommends authorizing the City Manager to execute the submitted contract for providing Emergency Staff recommends authorizing the City Manager to execute the submitted contract
for providing Emergency
Medical Service to the Port of Houston Medical Service to the Port of Houston BCT Facility.BCT Facility.
Action Required of Council:Action Required of Council:
Consider approval or other action authorizing the City Manager to execute a contract with the Port of Houston Consider approval or other action authorizing the City Manager to execute
a contract with the Port of Houston
Authority (BarbourAuthority (Barbours Cut Terminal) for provision emergency medical servicesby the City of La Porte EMS.s Cut Terminal) for provision emergency medical servicesby the
City of La Porte EMS.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
PHA File No. 2015-0034
CONTRACT FOR GOVERNMENTAL SERVICES
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
HARRIS COUNTY §
THIS CONTRACT made and entered into by and between the CITY OF LA
PORTE, a municipal corpo
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
WHEREAS, LA PORTE is able and willing to provide said governmental services
to PORT, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to both parties, it is hereby agreed as follows:
I.
st
For and during the year beginning on the 1 day of February, 2015 and ending on
st
the 31 day of January, 2018, LA PORTE agrees to furnish to PORT, the emergency
medical services hereinafter more specifically described.
II.
For and in consideration of the governmental services to be provided by LA
TWO
PORTE, PORT agrees to pay LA PORTE thirty-six monthly payments of
THOUSAND TWO HUNDRED SIXTY TWO AND 98/100 DOLLARS ($2,262.98).
Such charges are based on a $27.43 per average daily population fee and are to be paid in
full by PORT to LA PORTE, on or before the tenth day of the month following the month
in which such services are rendered. Notwithstanding anything to the contrary herein, the
EIGHTY
total amount of the contract for thirty-six months is not to exceed amount of
ONE THOUSAND FOUR HUNDRED AND SIXTY SEVEN AND 28/100 DOLLARS
($81,467.28).
III.
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that
provides emergency services as defined by the transport policy of the City of La Porte
Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its
most current and customary Emergency Medical Service charges as adopted by City
Council.
IV.
Sole discretion will rest with the LA PORTE Director of Emergency Medical
Services, or his duly authorized assistants, as to the personnel and equipment that will
answer each emergency medical services request; provided, emergency medical services
protection will be adequate (meaning reasonable protection, considering available
person, and LA PORTE
shall further provide dispatch of personnel and equipment to provide emergency medical
services within the corporate limits of the City of La Porte.
V.
LA PORTE agrees to operate the ambulances in accordance with the requirements
of State and Federal law, and applicable municipal or county ordinances, as the same now
exists, and as may be amended from time to time hereafter.
VI.
During the term of this Contract and any extension or renewal thereof, LA PORTE
shall maintain the following insurance coverage:
Type Minimum Limits
Statutory
General Liability $1 Million per occurrence
Automobile Liability $100K/$300K/$100K
Medical Malpractice $1 Million per occurrence
Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in
excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq.
of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. LA
PORTE shall file certificates of insurance coverage with the PORT during the term of this
Contract and any extension or renewal thereof. PORT shall be named as an additional
insured on the general liability insurance policy.
VII.
Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at
least ninety (90) days written notice to the non-canceling party. Such notice shall be sent
by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562, Attention:
Senior Managing Director, Port Security & Emergency Operations. Such notice shall be
sent by the PORT to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571,
Attention: City Manager.
2
VIII.
This contract shall become effective at 12:00 A.M. midnight Central Time, at the beginning
st
of the 1 day of February, 2015 and shall remain in full force and effect until the end of the
31st day of January, 2018 unless otherwise cancelled as provided in paragraph VII above.
This Contract is entered into subject to the Charter and Ordinances of the City of La Porte,
and all applicable state and federal laws.
IX.
This Contract constitutes the entire agreement between the parties and supersedes
all prior contemporaneous communications or agreements, written or oral. This contract
may be amended only by a written instrument signed by all parties. This contract shall be
governed by and construed in accordance with the laws of the State of Texas.
\[EXECUTION PAGE FOLLOWS\]
3
EXECUTED IN DUPLICATE ORIGINALS, as of this the day of
_______________,_2015.
ATTESTCITY OF LA PORTE
By:
City Secretary City Manager
PORT OF HOUSTON AUTHORITY
By:___________________________
Tom Heidt, Deputy Executive Director
Finance and Administration
APPROVED AS TO FORM:
______________________________
Counsel
REVIEWED:
_______________________________
Controller
FUNDS ARE AVAILABLE TO MEET THIS
OBLIGATION WHEN DUE:
Financial Services
PHA Minute No.:
4
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Sewer RehabSewer Rehab--Fund Fund
Dave Mick Dave Mick
Requested By:
Source of Funds:Source of Funds:
018 018
Public Works Public Works
Department:
Account Number:Account Number:
Report:Resolution:Resolution:Ordinance:Ordinance:
350,000 350,000
Amount Budgeted:Amount Budgeted:
Other:
175,000 175,000
Amount Requested:Amount Requested:
Attachments :Attachments :
Budgeted Item:Budgeted Item:YESYESNONO
1. October 14, 2013 Agenda Request1. October 14, 2013 Agenda Request
2. September 2013 Bid Tab2. September 2013 Bid Tab
3. North Houston Pole Line Concurrence to 3. North Houston Pole Line Concurrence to
Extend
4. FY 2014 Contract Language providing for 4. FY 2014 Contract Language providing for
extensionextension
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The City of La Porte Sanitary Sewer Overflow Elimination Program includes an annual allocation of $350,000 for The City of La Porte Sanitary Sewer Overflow Elimination Program includes
an annual allocation of $350,000 for
the repair, replacement and/or rehabilitation of the Citythe repair, replacement and/or rehabilitation of the Citys wastewater collection infrastructure. A typical allocation s wastewater
collection infrastructure. A typical allocation
for contract sanitary sewer pipe bursting and/or slipfor contract sanitary sewer pipe bursting and/or slip--lining is $150,000 to $185,000/year. lining is $150,000 to $185,000/year.
In October 2013, City Council awarded the FY 2014 sewerIn October 2013, City Council awarded the FY 2014 sewer--rehabilitation contract to North Houston Pole Line rehabilitation contract
to North Houston Pole Line
with a total allocation of $182,350. The contract language included a provision that the contract could be renewed with a total allocation of $182,350. The contract language included
a provision that the contract could be renewed
a second year at the same unit prices with the concurrence of both the City and contractor. a second year at the same unit prices with the concurrence of both the City and contractor.
North Houston Pole Line successfully completed the FY 2014 work requested by the City and have agreed to North Houston Pole Line successfully completed the FY 2014 work requested by
the City and have agreed to North Houston Pole Line successfully completed the FY 2014 work requested by the City and have agreed to North Houston Pole Line successfully completed the
FY 2014 work requested by the City and have agreed to
honor the contract prices for a second year. The FY 2014 unit prices were typically well below the prices honor the contract prices for a second year. The FY 2014 unit prices were
typically well below the prices
provided by competing bidders. Work anticipated in this FY 2015 renewal includes rehabilitation of the Somerton provided by competing bidders. Work anticipated in this FY 2015 renewal
includes rehabilitation of the Somerton
and Lazybrook sanitary sewers and other priorities as they arise throughout the year. Staff is recommending that and Lazybrook sanitary sewers and other priorities as they arise throughout
the year. Staff is recommending that
the FY 2014 North Houston Pole Line contract be renewed for an additional year at $162,000 and a contingency the FY 2014 North Houston Pole Line contract be renewed for an additional
year at $162,000 and a contingency
of $13,000 for a total FY 2015 allocation of $175,000. of $13,000 for a total FY 2015 allocation of $175,000.
Action Required of Council:Action Required of Council:
Consider approval or other action to renew the 2013 contract with North Houston Pole Line for sanitary sewer Consider approval or other action to renew the 2013 contract with North Houston
Pole Line for sanitary sewer
repair, replacement and/or rehabilitation with an approved allocation of $175,000 including a $13,000 contingency. repair, replacement and/or rehabilitation with an approved allocation
of $175,000 including a $13,000 contingency.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: October 14, 2013
Source of Funds: Sewer Rehabilitation
Requested By: David Mick
Account Number: 018-9881-669-1100
Department: Public Works
Amount Budgeted $ 350,000
Report: Resolution: Ordinance
Amount Requested: $ 182,350
Exhibits: Bid Tabulation /Bidders List
Budgeted Item: yes
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Sealed bids for Bid # 13031 were received and opened on September 17, 2013 for the annual
contract Rehabilitation of Sanitary Sewer using Sliplining, Pipe Bursting. The base project
consists of sliplining and rehabilitation of sanitary sewers in Brookglen and Fairmont West
subdivisions. Additional sanitary sewer sections along South Broadway between McCabe and
Fairfield are identified. Bid packets were received by twenty two (22) bidders with five (5)
returning bids.
will be used to supplement the in-house activities of City forces. This contract will also aid in
compliance with the Sanitary Sewer Overflow Initiative agreement between the City of La Porte
and the Texas Commission on Environmental Quality (TCEQ).
Overall low bid meeting specifications was submitted by North Houston Pole Line for a base bid
amount of one hundred sixty six thousand three hundred fifty dollars ($ 166,350). An alternate
bid was included to compare the cost of slip-
Items #2, 3) to pipe bursting ($159,500, Alternate Bid). The base bid method is preferred due to
lower cost. Staff recommends award of bid for Rehabilitation of Sanitary Sewer using
Sliplining, Pipe Bursting to North Houston Pole Line. Additionally a contingency in the amount
of $16,000.00 is requested.
Action Required by Council:
Authorize the City Manager to execute an annual contract Rehabilitation
of Sanitary Sewer using Sliplining, Pipe Bursting to North Houston Pole line, low bidder meeting
specifications, In the amount of $166,350.00, and authorize an additional $16,000.00 for contingency.
Total authorization including contingency is $182,350.00.
Approved for City Council Agenda
Corby Alexander, City Manager Date
$74,750.00$54,000.00$87,500.00$1,500.00$1,150.00$11,100.00$165,000.00 both project and otherwise;
$230,000.00
Horseshoe Construction
Extended
equipment list included
references provided
30
650272525011850
Unit Price
$495,000.00
$103,500.00$120,000.00$245,000.00$5,700.00$1,150.00$6,900.00$482,250.00
no references
Reliance Construction
Extended
Services, Inc.
Sealed Bid #13031 - Rehabilitation of Sanitary Sewer Using Sliplining, Pipe Bursting
90060709501115090
Unit Price
Information reflects pricing only and other factors may be including during the evaluation process
$63,250.00$52,000.00$94,500.00$7,200.00$2,300.00$2,400.00$221,650.00$220,000.00
no references
Extended
RL Utilities, Inc.
40
550262712002400
Unit Price
both project and otherwise;
$80,500.00$76,000.00$133,000.00$3,300.00$1,150.00$9,000.00$302,950.00$231,000.00
PM Construction & Rehab
financial and qualification
Extended
equipment list included
references provided
statement included
70038385501150042
Unit Price
bonding not sealed
$43,125.00$40,000.00$77,000.00$2,250.00$1,725.00$2,250.00$166,350.00$159,500.00
no references
North Houston Pole Line
Extended
37520223751.537529
Unit Price
Measure
Unit of
EaEaEa
LFLF
115200035006115065500
Quantity
Estimated
with plug and cleanout shoe
diameter to 8" diameter 0-
1. Reconnection of service 2. Sliplining 6" diameter, 0-3. Sliplining 8" diameter, 0-5. Trench safety system 5'-6. Install end of line cleanout
4. Obstruction removal, 0-
Alternate Bid for Item #2
7. Pipe burst 6" and 8"
NOTES:
Base Bid Items
line 0-10' deep
10 feet deep
10' deep10' deep10' deep10' deep
and #3
$1,500.00$3,000.00$90.00
$35.00$40.00$35.00$40.00$42.00$48.00$55.00$50.00$62.00$70.00$65.00$75.00$1,000.00$2,500.00$1,000.00$6,850.00
Horseshoe
Construction
Unit Price
$3,700.00$7,200.00$90.00$110.00$92.00$112.00$95.00$115.00$120.00$100.00$120.00$140.00$110.00$130.00$150.00$5,000.00$9,000.00$750.00$700.00
Construction
Services, Inc.
Reliance
Unit Price
$2,000.00$5,000.00$35.00$40.00$37.00$45.00$32.00$40.00$50.00$40.00$50.00$60.00$48.00$58.00$70.00$3,000.00$6,000.00$800.00$500.00
RL Utilities, Inc.
Unit Price
PM Construction
$931.00$1,263.00$53.00$66.00$59.00$73.00$66.00$79.00$93.00$79.00$93.00$106.00$93.00$106.00$119.00$1,064.00$2,261.00$798.00$864.00
& Rehab
Unit Price
North Houston $700.00$1,000.00$25.00$25.00$27.00$30.00$27.00$26.00$28.00$30.00$33.00$38.00$36.00$38.00$40.00$500.00$1,000.00$500.00$325.00
Pole Line
Unit Price
UOM
VF
LFLFLFLFLFLFLFLFLFLFLFLFLF
EAEAEAEAEA
18. Sliplining 12” diameter, 10’ - 15’ Deep
16. Sliplining 10" diameter, over 15' deep19. Sliplining 12" diameter, over 15' deep
15. Sliplining 10” diameter, 10’ - 15 Deep
25. Manhole Ring & Cover Replacement
17. Sliplining 12” diameter, 0’ - 10’ Deep
11. Sliplining 6" diameter, over 15' deep13. Sliplining 8" diameter, over 15' deep
10. Sliplining 6” diameter, 10 – 15’ Deep21. Sliplining 15" diameter, 10'-15' deep
12. Sliplining 8” diameter, 10’ -15’ Deep24. Obstruction Removal Over 15’ Deep
23. Obstruction Removal 10’ – 15’ Deep
20. Sliplining 15" diameter, 0-10' deep
22. Sliplining 15” diameter, Over 15’
8. Reconnection of Service line by
9. Reconnection of service line by
14. Slipline 10" Dia. 0-10' deep
excavation over 15' deep
26. Install New Manhole
Excavation 10’ -15' deep
Deep
$4,000.00$60.00$6,500.00$80.00$10,000.00$250.00$7,000.00$280.00$10,000.00$300.00$18,000.00$400.00$80.00$125.00$200.00$95.00$150.00
$230.00
Horseshoe
Construction
$3,700.00$106.00$7,250.00$134.00$8,000.00$150.00$6,000.00$150.00$12,000.00$175.00$16,000.00$250.00$120.00$200.00$250.00$130.00$210.00$260.00
Construction
Services, Inc.
Reliance
$2,000.00$300.00$5,000.00$510.00$8,000.00$650.00$7,000.00$800.00$10,000.00$1,500.00$15,000.00$2,000.00$150.00$250.00$300.00$160.00$260.00$310.00
RL Utilities, Inc.
PM Construction
$2,261.00$99.00$3,391.00$99.00$4,655.00$133.00$4,788.00$199.00$6,783.00$199.00$9,310.00$266.00$93.00$106.00$119.00$106.00$119.00$133.00
& Rehab
North Houston $1,500.00$30.00$2,500.00$40.00$3,000.00$50.00$3,300.00$60.00$3,800.00$65.00$4,300.00$75.00$30.00$38.00$48.00$36.00$39.00$49.00
Pole Line
LFLFLFLFLFLFLFLFLFLFLFLF
EAEAEAEAEAEA
27. Point Repair of 6" - 10" Sewers, Up 28. Extra Length for Point Repair of 6" - 29. Point Repair of 6" - 10" Sewers, 8' To 30. Extra Length for Point Repair of 6" - 31. Point Repair
of 6" - 10" Sewers, Over 32. Extra Length for Point Repair of 6" - 33. Point Repair of 12" - 18" Sewers, Up 34. Extra Length for Point Repair of 12" - 35. Point Repair of 12” – 18”
Sewers 8’ to 36. Extra Length for Point Repair for 12" - 38. Extra Length for Point Repair for 12" - 39. Remove & Replace 8” Sewer 0’ – 10’ 40. Remove & Replace 8” Sewer 10’ – 15’ 41.
Remove & Replace 8” Sewer over 15’ 42. Remove & Replace 10” Sewer 0’ – 10’ 43. Remove & Replace 10” Sewer 10’ –
44. Remove & Replace 10” Sewer over
37. Point Repair of 12” – 18” Sewers
Over 15’ Deep 12' in length
to 8' Deep, 8 feet in length
15' Deep, 12 feet in length15' Deep, 12 feet in length15’ Deep, 12 feet in length
10" Sewers, 8' to 15' deep18" Sewers, 8' to 15' deep18" Sewers, over 15' deep
10" Sewers, up to 8' deep18" Sewers, up to 8' deep
10" Over 15' deep
To 8' in length
15’ Deep15’ Deep
DeepDeepDeepDeep
$120.00$210.00$280.00$150.00$280.00$320.00$200.00$280.00$350.00$320.00$360.00$400.00$330.00$380.00$420.00$350.00$400.00
$425.00
Horseshoe
Construction
$140.00$220.00$270.00$160.00$240.00$300.00$180.00$260.00$320.00$200.00$280.00$340.00$220.00$300.00$360.00$240.00$320.00$380.00
Construction
Services, Inc.
Reliance
$200.00$300.00$500.00$250.00$350.00$400.00$300.00$400.00$500.00$500.00$600.00$750.00$700.00$850.00$1,000.00$900.00$1,150.00$1,500.00
RL Utilities, Inc.
PM Construction
$119.00$133.00$146.00$133.00$146.00$159.00$199.00$212.00$226.00$239.00$266.00$292.00$345.00$372.00$399.00$425.00$478.00$532.00
& Rehab
North Houston $37.00$44.00$55.00$48.00$60.00$65.00$55.00$65.00$75.00$85.00$90.00$100.00$90.00$110.00$120.00$130.00$150.00$175.00
Pole Line
LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF
45. Remove & Replace 12” Sewer 0’ – 10’ 46. Remove & Replace 12” Sewer 10’ – 47. Remove & Replace 12” Sewer over 15 48. Remove & Replace 15” Sewer 0’ – 10’ 49. Remove & Replace 15” Sewer
10’ – 51. Remove & Replace 18” Sewer 0’ – 10’ 52. Remove & Replace 18” Sewer 10’ – 54. Remove & Replace 24” Sewer 0’ – 10’ 55. Remove & Replace 24” Sewer 10’ – 57. Remove & Replace
30” Sewer 0’ – 10’ 58. Remove & Replace 30” Sewer 10’ – 60. Remove & Replace 36” Sewer 0’ – 10’ 61. Remove & Replace 36” Sewer 10’ –
50. Remove & Replace 15” Sewer over 53. Remove & Replace 18” Sewer over 56. Remove & Replace 24” Sewer over 59. Remove & Replace 30” Sewer over 62. Remove & Replace 36” Sewer over
15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep15’ Deep
Deep LF
’Deep
DeepDeepDeepDeepDeep
$25.00$25.00$30.00$50.00$5.00$10.00$110.00$120.00$30.00$80.00
$5.00$10.00$30.00$500.00$300.00$400.00$500.00$650.00$1,000.00
Horseshoe
Construction
$175.00$200.00$300.00$90.00$6.00$9.00$95.00$120.00$30.00$150.00$30.00$50.00$60.00$300.00$40.00$60.00$80.00$100.00$3,500.00
Construction
Services, Inc.
Reliance
$5,000.00$10,000.00$20,000.00$300.00$15.00$25.00$50.00$300.00$50.00$300.00$50.00$100.00$100.00$400.00$300.00$500.00$800.00$1,000.00$1,000.00
RL Utilities, Inc.
PM Construction
$532.00$665.00$798.00$19.00$13.00$10.00$86.00$99.00$46.00$79.00$19.00$39.00$29.00$598.00$266.00$532.00$1,064.00$1,596.00$3,325.00
& Rehab
North Houston $50.00$75.00$100.00$65.00$8.00$18.00$47.00$122.00$23.00$52.00$5.00$5.00$33.00$375.00$20.00$35.00$45.00$65.00$300.00
Pole Line
VFHRHRHR
CY
LFLFLFLFSFLFLFLF
SYSYSYSY
EAEA
72. Replacement of Base Material and 1
and Base COURSES, VARYING THICKNESS
1/2" HMAC (Type D), including tack coat
74. Trench Safety System Over 15’ Deep
63. Well Pointing for Rehabilitation, Up 64. Well Pointing for Rehabilitation, 10' - 65. Well Pointing for Rehabilitation Over 66. Remove all Types of Street Pavement
73. Trench Safety System 10' - 15' Deep
68. Removal & Replacement of 4 1/2" 69. Removal & Replacement of 4 1/2"
67. Sawed Joint, Concrete/Asphalt
70. Removal & Replacement of 6"
71. Removal and Replacement of
76. Extra Depth for New Manhole
75. Extra Cement Stabilized Sand
81. Setup for a 3” Bypass Pump
Concrete Pavement, including
Concrete driveway, including
Concrete sidewalk, including
77. Bypass for each 3” Pump78. Bypass for each 4” Pump79. Bypass for each 6” Pump80. Bypass for each 8” Pump
Concrete Curb
reinforcementreinforcementreinforcement
to 10' Deep
Pavements
15’ Deep
15' Deep
$60.00$90.00$65.00$95.00$110.00$70.00$98.00$120.00
$1,500.00$3,000.00$5,000.00$93,970.00
Horseshoe
Construction
$4,000.00$4,500.00$5,000.00$120.00$140.00$100.00$130.00$150.00$120.00$150.00$170.00$107,624.00
Construction
Services, Inc.
Reliance
$1,500.00$2,500.00$5,000.00$50.00$65.00$60.00$70.00$80.00$80.00$100.00$150.00$133,190.00
RL Utilities, Inc.
PM Construction
$4,655.00$6,650.00$9,975.00$66.00$79.00$66.00$79.00$93.00$79.00$93.00$106.00$77,702.00
& Rehab
North Houston $400.00$500.00$600.00$30.00$45.00$38.00$40.00$50.00$45.00$55.00$65.00$28,253.00
Pole Line
LFLFLFLFLFLFLFLF
EAEAEA
85. Pipe Burst 6 “and 8” diameter to 8” 86. Pipe Burst 6 “and 8” diameter to 8”
87. Pipe Burst 10” diameter to 10” 88. Pipe Burst 10” diameter to 10” 89. Pipe Burst 10” diameter to 10” 90. Pipe Burst 12” diameter to 12” 91. Pipe Burst 12” diameter to 12” 92. Pipe
Burst 12” diameter to 12”
82. Setup for a 4” Bypass Pump83. Setup for a 6" Bypass Pump84. Setup for a 8" Bypass Pump
diameter Over 15 feet deepdiameter Over 15 feet deep
diameter 10-15 feet deepdiameter 10-15 feet deepdiameter 10-15 feet deep
diameter 0 - 10 feet deepdiameter 0 - 10 feet deep
diameter Over 15
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Motor Pool Motor Pool
Dave Mick Dave Mick Source of Funds:Source of Funds:
Requested By:
009 Various 009 Various
Public Works Public Works Account Number:Account Number:
Department:
109,385 109,385
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
79,710 79,710
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Summary of Vehicle Replacement1. Summary of Vehicle Replacement
2. Texas BuyBoard Worksheet2. Texas BuyBoard Worksheet
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Staff submitted a request for golf course equipment that was approved by City Council on January 12, 2015. The Staff submitted a request for golf course equipment that was approved
by City Council on January 12, 2015. The
quotes received by staff were based on HGAC contract prices that expired December 19. The item was quotes received by staff were based on HGAC contract prices that expired December
19. The item was
prepared by staff anticipating The Hprepared by staff anticipating The H--GAC contract with the supplier was not renewed.Texas Association of GAC contract with the supplier was not renewed.Texas
Association of
School Boards (TASB)School Boards (TASB)--Texas BuyBoard and Brookside Equipment have an active contract through May 31, Texas BuyBoard and Brookside Equipment have an active contract
through May 31,
2017. The $79,709.96 cost utilizing this contract is $1,680.96 (2%) greater than the total cost approved by City 2017. The $79,709.96 cost utilizing this contract is $1,680.96 (2%)
greater than the total cost approved by City
Council with the January 12 request. The budgeted amount was $109,385.00. Council with the January 12 request. The budgeted amount was $109,385.00.
Action Required of Council:Action Required of Council:
Rescind the approval at the January 12, 2015 meeting for purchase of Golf Course and Parks equipment through Rescind the approval at the January 12, 2015 meeting for purchase of Golf
Course and Parks equipment through
HGAC. Consider approval or other action to award purchase of one HGAC. Consider approval or other action to award purchase of one five gang mower ($54,998.12), one greens five gang
mower ($54,998.12), one greens
mower ($36,952.39), one gator ATV truck ($6,459.45), and trade in allowance (mower ($36,952.39), one gator ATV truck ($6,459.45), and trade in allowance (--$$18,700.00), to Brookside
18,700.00), to Brookside
Equipment for a total cost of $79,709.96 through the Texas Association of School BoardsEquipment for a total cost of $79,709.96 through the Texas Association of School Boards--Texas
BuyBoard. Texas BuyBoard.
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
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
Kathy Powell Kathy Powell
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. Industrial District Agreement2. Industrial District Agreement
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year The City and Industry have agreed to renew the provisions of the Industrial
District Agreement for a twelve year
period. The current agreements will expire on December 31, 2019, the common date for the Battleground and period. The current agreements will expire on December 31, 2019, the common
date for the Battleground and
Bayport Industrial Districts.Bayport Industrial Districts.
Almondwater LLC has requested to execute an Industrial District Agreement with the City of La Porte. The Almondwater LLC has requested to execute an Industrial District Agreement
with the City of La Porte. The
property is being split out of 2007property is being split out of 2007--IDAIDA--119 119 Seawater.Seawater.
Staff recommends City Council authorize the execution of an Industrial District Agreement with Almondwater Staff recommends City Council authorize the execution of an Industrial District
Agreement with Almondwater
LLC.
Ordinance No. 2007Ordinance No. 2007Ordinance No. 2007Ordinance No. 2007----IDAIDAIDAIDA----141 Almondwater LLC 4330 New West Drive141 Almondwater
LLC 4330 New West Drive141 Almondwater LLC 4330 New West Drive141 Almondwater LLC 4330 New West Drive
Action Required of Council:Action Required of Council:
Consider approval or other action of ordinance 2007Consider approval or other action of ordinance 2007--IDAIDA--141 authorizing the execution by the City of La Porte of 141 authorizing
the execution by the City of La Porte of
Industrial District Agreements listed above.Industrial District Agreements listed above.
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
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Tim Tietjens Tim 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. Water Service Agreement1. Water Service Agreement
2. Sanitary Sewer Service Agreement2. Sanitary Sewer Service Agreement
3. Area Map3. Area Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Almondwater, LLC has approached the City for water and sanitary sewer service to its development at 4330 New Almondwater, LLC has approached the City for water and sanitary sewer service
to its development at 4330 New
West Dr. in the Bayport Industrial District (see Area Map). The company plans to construct a facility at this site, West Dr. in the Bayport Industrial District (see Area Map). The
company plans to construct a facility at this site,
which will employ up to 15 fullwhich will employ up to 15 full--time positions.time positions.
Council has approved a policy to provide water and sanitary sewer service to companies located outside the city Council has approved a policy to provide water and sanitary sewer service
to companies located outside the city
limits and within the Citylimits and within the Citys industrial districts (ETJ). These companies are required by the policy to maintain a s industrial districts (ETJ). These companies
are required by the policy to maintain a
current Industrial District Agreement (IDA) with the City. Almondwater, LLC has applied for an IDA with the current Industrial District Agreement (IDA) with the City. Almondwater,
LLC has applied for an IDA with the
City for the subject site. Administrative fees in the amount of $5,000 for each agreement have been received City for the subject site. Administrative fees in the amount of $5,000
for each agreement have been received
from the company.from the company.
Based on Almondwater LLCBased on Almondwater LLCBased on Almondwater LLCBased on Almondwater LLCs stated demand for domestic uses, the average daily volume for potable water and
s stated demand for domestic uses, the average daily volume for potable water and s stated demand for domestic uses, the average daily volume for potable water and s stated demand for
domestic uses, the average daily volume for potable water and
sanitary sewer is 750 gallons. Under the terms of the policy, the company will pay one and onesanitary sewer is 750 gallons. Under the terms of the policy, the company will pay one
and one--half (1half (1--1/2) times 1/2) times
the Citys current utility rate for service. s current utility rate for service.
The terms of AlmondwaterThe terms of Almondwaters Water Service Agreement and Sanitary Sewer Service Agreement will expire on s Water Service Agreement and Sanitary Sewer Service
Agreement will expire on
December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically December 31, 2019, plus any renewals or extensions thereof. However, these
agreements will automatically
expire at such time as there is no effective Industrial District Agreement between the parties, or if the City expire at such time as there is no effective Industrial District Agreement
between the parties, or if the City
exercises its right of termination.exercises its right of termination.
Action Required of Council:Action Required of Council:
Consider approval or other action authorizing the Mayor to execute a Water Service Agreement and a Sanitary Consider approval or other action authorizing the Mayor to execute a Water
Service Agreement and a Sanitary
Sewer Service Agreement with Almondwater, LLC for its development at 4330 New West Dr. in the Bayport Sewer Service Agreement with Almondwater, LLC for its development at 4330 New West
Dr. in the Bayport
Industrial District. Industrial District.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
1
STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS,
amunicipal corporation of Harris County, Texas, hereinafter called "CITY", and
ALONDWATER,LLC4330NEWWESTDRIVE
located at hereinaftercalled
"COMPANY".
I.
COMPANYis the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
andCOMPANYare parties to a current Industrial District Agreement.
II.
COMPANYis desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of propertieslocated outside the corporatelimits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY
agrees, however, to provide limited potable water service to COMPANY. For and in consideration
of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANYhas made certain representations to CITY as to thenumber of employees that
will be located at the COMPANY’S property as of the dateof this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
15
Number of Full-TimeEmployees on site
0
+Number of Full-Time Contract Employees on site
15
= Total On-Site Full-Time Employees
Potable Water Approved for Domestic Use
750
(Total on-site Employees times 50 gpd per employee)
Total Amount of Potable Water Approved for
750
COMPANY(Average Daily Volume, gpd)
1
STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS,
amunicipal corporation of Harris County, Texas, hereinafter called "CITY", and
ALONDWATER,LLC4330 NEW WEST DRIVE
located at, hereinafter called
"COMPANY”.
I.
COMPANYis the COMPANYof certain real property, which is situated in CITY'S
Battlegroundor Bayport Industrial Districtand not within the corporate limits of the CITY. CITY
and COMPANYare parties to a current Industrial District Agreement.
II.
COMPANYis desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANYrecognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANYhas made certain representations to CITY as to thenumber of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations, the City has determined the following:
15
Number of Employees on-site
0
Number of Contract Employees
15
Total on-site Employees
Sanitary Sewer Desired for Domestic Use
750
(Total on-site x50 gpd per employee)
Total Amount of Sanitary Sewer Approved
750
For COMPANY(Average Daily Volume, gpd)
J
AREA MAP
TEJAS CT
FAIRMONT PKWY
PROPOSED
WATER SITE
4330 NEW WEST DR.
DR
EW CENTURY
N
NEW DE
CADE
DR
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Eric Ensey Eric 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 applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at the southeast corner of Spencer The applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at
the southeast corner of Spencer
Highway and Canada Road from RHighway and Canada Road from R--1, Low Density Residential, to GC, General Commercial.1, Low Density Residential, to GC, General Commercial.
The subject site is splitThe subject site is split--zoned, with a portion of the site zoned Rzoned, with a portion of the site zoned R--1 and a portion zoned GC. The portion of the site
1 and a portion zoned GC. The portion of the site
proposed to be rezoned is approximately 1.6611 acres out of a larger parcel of land that is approximately 2.62 proposed to be rezoned is approximately 1.6611 acres out of a larger parcel
of land that is approximately 2.62
acres which also contains a Shell gas station currently. Should the rezoning be approved, the applicant has acres which also contains a Shell gas station currently. Should the rezoning
be approved, the applicant has
indicated that the gas station will be removed to accommodate development of an ALDI grocery store and future indicated that the gas station will be removed to accommodate development
of an ALDI grocery store and future
pad site.
The Future Land Use Map approved as part of the city The Future Land Use Map approved as part of the citys Comprehensive Plan identifies this entire 2.62 acre s Comprehensive Plan
identifies this entire 2.62 acre
parcel as a parcel as a CommercialCommercialCommercialCommercialland use. As a result, the proposed rezoning would be consistent with the Future Land land use. As a result, the
proposed rezoning would be consistent with the Future Land land use. As a result, the proposed rezoning would be consistent with the Future Land land use. As a result, the proposed
rezoning would be consistent with the Future Land
Use Map.
The Planning and Zoning Commission conducted a public hearing at the November 17, 2014, meeting concerning The Planning and Zoning Commission conducted a public hearing at the November
17, 2014, meeting concerning
this rezoning request. One public hearing notice response was received by the City that originally expressed some this rezoning request. One public hearing notice response was received
by the City that originally expressed some
concern with the proposal (from the immediately adjacent property to the south owned by Fred Anthony and Robin concern with the proposal (from the immediately adjacent property to the
south owned by Fred Anthony and Robin
French, 3203 Canada Road), however the developer has agreed to work with the adjacent party to mitigate their French, 3203 Canada Road), however the developer has agreed to work with
the adjacent party to mitigate their
concerns. The Commission voted unanimously to recommend approval of the rezoning of the subject property concerns. The Commission voted unanimously to recommend approval of the rezoning
of the subject property
from R-1, Low Density Residential, to GC, General Commercial.1, Low Density Residential, to GC, General Commercial.
Staff concurs with the Planning and Zoning Commission Staff concurs with the Planning and Zoning Commissions recommendation to approve Rezone Request #14s recommendation to approve
Rezone Request #14-
92000004. The proposed rezoning is consistent with all applicable zoning regulations and the City92000004. The proposed rezoning is consistent with all applicable zoning regulations
and the Citys 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--92000004, rezoning the referenced property from R92000004, rezoning the referenced property from R--1 to GC.1 to GC.
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
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
Eric Ensey Eric Ensey
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:N/A N/A
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Area and Zoning Map1. Area and Zoning Map
2. Conceptual Site Plan2. Conceptual Site Plan
3. Letter from owner of 323. Letter from owner of 32--3 Canada Road3 Canada Road
4. Ordinance4. Ordinance
5. P&Z Recommendation Letter5. P&Z Recommendation Letter
6. Zone Change Application6. Zone Change Application
7. Area and Land Use Map7. Area and Land Use Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at the southeast corner of Spencer The applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at
the southeast corner of Spencer
Highway and Canada Road from RHighway and Canada Road from R--1, Low Density Residential, to GC, General Commercial.1, Low Density Residential, to GC, General Commercial.
The subject site is splitThe subject site is split--zoned, with a portion of the site zoned Rzoned, with a portion of the site zoned R--1 and a portion zoned GC. The portion of the site
1 and a portion zoned GC. The portion of the site
proposed to be rezoned is approximately 1.6611 acres out of a larger parcel of land that is approximately 2.62 proposed to be rezoned is approximately 1.6611 acres out of a larger parcel
of land that is approximately 2.62
acres which also contains a Shell gas station currently. Should the rezoning be approved, the applicant has acres which also contains a Shell gas station currently. Should the rezoning
be approved, the applicant has
indicated that the gas station will be removed to accommodate development of an ALDI grocery store and future indicated that the gas station will be removed to accommodate development
of an ALDI grocery store and future
pad site.pad site.
The Future Land Use Map approved as part of the city The Future Land Use Map approved as part of the citys Comprehensive Plan identifies this entire 2.62 acre s Comprehensive Plan
identifies this entire 2.62 acre
parcel as a CommercialCommercialland use. As a result, the proposed rezoning would be consistent with the Future Land land use. As a result, the proposed rezoning would be consistent
with the Future Land
Use Map.
The Planning and Zoning Commission conducted a public hearing at the November 17, 2014, meeting concerning The Planning and Zoning Commission conducted a public hearing at the November
17, 2014, meeting concerning
this rezoning request. One public hearing notice response was received by the City that originally expressed some this rezoning request. One public hearing notice response was received
by the City that originally expressed some
concern with the proposal (from the immediately adjacent property to the south owned by Fred Anthony and Robin concern with the proposal (from the immediately adjacent property to the
south owned by Fred Anthony and Robin
French, 3203 Canada Road), however the developer has agreed to work with the adjacent party to mitigate their French, 3203 Canada Road), however the developer has agreed to work with
the adjacent party to mitigate their
concerns. The Commission voted unanimously to recommend approval of the rezoning of the subject property concerns. The Commission voted unanimously to recommend approval of the rezoning
of the subject property
from R-1, Low Density Residential, to GC, General Commercial.1, Low Density Residential, to GC, General Commercial.
Staff concurs with the Planning and Zoning Commission Staff concurs with the Planning and Zoning Commissions recommendation to approve Rezone Request #14s recommendation to approve
Rezone Request #14-
92000004. The proposed rezoning is consistent with all applicable zoning regulations and the City92000004. The proposed rezoning is consistent with all applicable zoning regulations
and the Citys 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--92000004, rezoning the referenced property from R92000004, rezoning the referenced property from R--1 to GC.1 to GC.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
AREA MAP + ZONING
(CLP #14-92000004)
LOCATION OF
PROPERTY
SPENCER HWY
GC
9000
1
9102
0
MONTG
OMERY
LN
3201
3203
3202
3205
3204
R-1
MH
3214
3207
89023218
3233
3
3220
3226
3219
3222
3230
3223
3235
1 inch = 200 feet
3237
9115
3236
3229
ORDINANCE NO. _____________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM SPLIT LOW DENSITY RESIDENTIAL (R-1) AND GENERAL
COMMERICAL (GC) TO EXCLUSIVELY GENERAL COMMERCIAL (GC), FOR A 1.6611
ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1
: Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: 1.6611 acres of land located near
the intersection of Canada Road and Spencer Highway, in the William Jones Survey, Abstract 482,
City of La Porte, and more particularly described by metes and bounds description attached hereto
as Exhibit A and incorporated by reference for all purposes, from split Low Density Residential (R-
1) and General Commercial (GC) classifications, to exclusively General Commercial (GC).
Section 2:
All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3
. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4.
The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5.
The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200’) of the properties
under consideration in compliance with code provisions.
Section 6
. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance
as amendments thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte’s Comprehensive Plan.
Section 7.
This Ordinance shall be effective upon its passage and approval of this Ordinance,
this Ordinance shall become null and void.
PASSED AND APPROVED this the______ day of _________________, 2015.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark T. Askins, Assistant City Attorney
2
Legal Description:
1.6611 Acres
72,356 Sq. Ft.
Being 1.6611 acres of land in the William Jones Survey Abstract No. 482, City of La Porte, Harris County, Texas,
being all of the called 1.7288 acre tract of land as described in deed to SARD Enterprises, Inc. as recorded in Harris County
Clerk's File Number 20110256783, less a 0.068 Judgment to the City of La Porte, Texas recorded in Harris County Clerk's
File Number Y861690, and being more particularly described by metes and bounds as follows:
COMMENCING
at a 5/8 iron rod with "Atkinson 5897" cap set at the intersection of the south right of way of
Spencer Highway (width 100 feet) with the east right of way of Canada road (width varies) being the northeast corner of
Reserve "B" dedicated to the City of La Porte to widen Canada Road shown by plat recorded in Film Code 419137 of the
Harris County Map Records,, said iron rod also being the northwest corner of Lot 1 as shown by plat of Texaco at Canada
Subdivision recorded in Film Code 419137 of the Harris County Map Records;
THENCE
N.86°59'03"E. 195.00 feet along the south right of way of said Spencer Highway (width 100 feet), to a
PLACE
5/8 iron rod with "Atkinson 5897" cap set marking the northwest corner of said 1.7288 acres and also marking the
OF BEGINNING
;
THENCE
N.86°59'03"E. 151.63 feet continuing along the south right of way of said Spencer Highway (width
100'), to a 5/8 iron rod with "Atkinson 5897" cap set for corner at the intersection of the south right of way line of Spencer
Highway and the west boundary of a 55 foot fee strip described to Harris County Flood Control District in Harris County
Clerk's File Number P302406;
THENCE
S.09°28'15"W. 340.02 feet to a 5/8 iron rod with "Atkinson 5897" cap set for corner, a 5/8 inch iron rod
with H.G. Smith Cap found bears S.89°59'57"W. 5.39 feet, said set iron rod also the northeast corner of the called "Lot 6" as
described to Fred Anthony in Harris County Clerk's File Number P430065;
THENCE
S. 87°07'34"W. 361.41 feet to a 1 inch iron pipe found in the east right of way of said Canada Road
(width varies);
THENCE
N.15°39'57"E. 138.38 feet along the east right of way of said Canada Road (width varies), to a 5/8 iron
rod with "Atkinson 5897" cap set marking the northeast corner of a called 0.068 acres conveyed to City of La Porte in
Harris County Clerk's File Number Y861690;
THENCE
N.86°59'03"E. passing a 5/8 iron rod with "Atkinson 5897" cap set at 45.00 feet marking the southwest
corner of said Lot 1, and continuing in all 240.00 feet to a 1/2 inch iron rod found for corner;
THENCEPLACE OF BEGINNING
N.03°18'42"W. 200.00 feet, to the .
EXHIBIT A
AREA MAP + LAND USE
(CLP #14-92000004)
LOCATION OF
PROPERTY
SPENCER HWY
COM
MONTG
OMERY
LN
PO
LDR
LAND USE
LOW-DENSITY RESIDENTIAL
COMMERCIAL
1 inch = 200 feet
PARKS AND OPEN SPACE
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Tim Tietjens Tim 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. Chapter 102, Art. II1. Chapter 102, Art. II-- 'Natural Resources' 'Natural Resources'
2. Letter from Boone Explration, Inc.2. Letter from Boone Explration, Inc.
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Boone Exploration, Inc. has filed an application with the City for a Geophysical Mineral Exploration and Testing Boone Exploration, Inc. has filed an application with the City for a
Geophysical Mineral Exploration and Testing
Permit as defined in Chapter 102, Article II Permit as defined in Chapter 102, Article II Geophysical Mineral Exploration and TestingGeophysical Mineral Exploration and Testingof
the Cityof the Citys Code s Code
of Ordinances (see Exhibit 1).of Ordinances (see Exhibit 1).
The company desires to conduct a seismic survey within the northwest portion of the City (in the Lomax area) The company desires to conduct a seismic survey within the northwest portion
of the City (in the Lomax area)
and has provided a description of the methods to be utilized in a letter to the City (see Exhibit 2 and has provided a description of the methods to be utilized in a letter to the City
(see Exhibit 2 attached). No attached). No
request is being made at this time, to extract any potential underground natural resources; only to conduct testing request is being made at this time, to extract any potential underground
natural resources; only to conduct testing
to ascertain if sufficient resources exist in the specified areas. Company representatives have expressed a desire to ascertain if sufficient resources exist in the specified areas.
Company representatives have expressed a desire
to obtain relief from the 300to obtain relief from the 300distance requirement from dwellings and water wells as stipulated in Item 1 of Sec. distance requirement from dwellings and
water wells as stipulated in Item 1 of Sec.
102-55 TermsTerms, , of the Code of Ordinances (see Exhibit 1).of the Code of Ordinances (see Exhibit 1).
Boone Exploration will provide a presentation to Council on new methods and processes employed for the testing Boone Exploration will provide a presentation to Council on new methods
and processes employed for the testing
operations and will be available to address any additional questions from Council on the matter.operations and will be available to address any additional questions from Council on the
matter.
Action Required of Council:Action Required of Council:
Provide Staff with direction regarding Boone Exploration, Inc.Provide Staff with direction regarding Boone Exploration, Inc.s request for relief from a 300s request for relief from
a 300distance distance
requirement from any dwelling or water well for a proposed Geophysical Mineral Exploration and Testing Permit requirement from any dwelling or water well for a proposed Geophysical Mineral
Exploration and Testing Permit
as described above.as described above.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Chapter 102 - NATURAL RESOURCES
ARTICLE I. - IN GENERAL
Secs. 102-1—102-30. - Reserved.
ARTICLE II. - GEOPHYSICAL MINERAL EXPLORATION AND TESTING
FOOTNOTE(S):
1
---()---
Cross reference—
Businesses, ch. 22.(Back)
DIVISION 1. - GENERALLY
Sec. 102-31. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article,irrespective of whether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant to this article, or any condition of the bond filed by the permittee pursuant to this section, or who
shall neglect to comply with the terms of this section, shall be deemed guilty of a misdemeanor and shall,
upon conviction, be fined in amounts established by the city and listed in appendix B of this Code. The
violation of each separate provision of this section, and of the permit, and of the bond, shall be
considered separate offenses. Each day's violation of each separate provision of this article shall be
considered a separate offense. In addition to such penalties, it is further provided that the city council at
any regular or special session or meeting may, provided ten days' notice has been given to the permittee
that revocation is to be considered at such meeting, revoke or suspend any permit issued under this
article and under which drilling or producing operations are being conducted if the permittee has violated
any provision of the permit, the bond, or this article. If the permit is revoked, the permittee may make
application to the city council for a reissuance of such permit, and the action of the city council thereon
shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-32—102-50. - Reserved.
DIVISION 2. - PERMIT
Sec. 102-51. - Required.
No person shall use or discharge in any manner any explosive including, but not limited to, dynamite
and nitroglycerin, nor conduct any other method of geophysical mineral testing by the use of vibrating
machines, or otherwise within the city, without first having obtained a permit therefor.
(Ord. No. 1659, § 1(16-28(1)), 8-14-89)
Sec. 102-52. - Application.
Page 1
Application for a permit under this article shall be made with the city secretary. Such application shall
contain the name of the applicant, address of the applicant, the geophysical methods of mineral
exploration to be used, the purpose therefor, the location and use with a map attached designating the
points of use. Such application shallbe accompanied by a permit fee in an amount established by the city
and listed in appendix A of this Code. On receipt of such application by the city secretary, the application
shall be referred to the city manager for a report as to the compliance of such application with the
provisions of this article. Such report and the application shall then be submitted to the city council. No
permit shall be issued except by the approval of the city council.
(Ord. No. 1659-A, § 1(16-28(2)), 1-8-90)
Sec. 102-53. - Insurance and bond requirements.
(a)On approval of the permit, but before the issuance of the permit, the applicant shall provide the city
secretary with an insurance certificate showing insurance coverage of the applicant for general
liability coverage in amounts not less than:
(1)Bodily injuries: $1,000,000.00 per person and $3,000,000.00 per accident; and
(2)Property damage: $1,000,000.00.
(b)Such insurance coverage shall be provided by a good and solvent insurance company authorized to
do businessin the state. In addition, the applicant shall provide a cash bond in the amount of
$5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned, conditioned
that the permittee will comply with the terms and conditions of this article. The bond shall become
effective on or before the date the bond is filed with the city secretary and remain in force and effect
and on deposit for at least a period of six months after the exploration ends.
(Ord. No. 1659, § 1(16-28(3)), 8-14-89)
Sec. 102-54. - Duration.
All permits issued under this article shall expire 60 days from the date of its issuance.
(Ord. No. 1659, § 1(16-28(4)), 8-14-89)
Sec. 102-55. - Terms.
The terms of the permit shall be as follows:
(1)The permittee shall observe a 300-foot distance from any dwelling or water well.
foot distance from any dwelling or water well.
The permittee shall observe a 300
-
(2)The written agreement shall cover any water well damage effective for 90 days after completion
of the work.
(3)At least one city police officer (off-duty) shall be employed to accompany the work crew while
testing on the city rights-of-way, and the permittee shall provide 24 hours' notice to the chief of
police.
(4)The permittee shall obtain written permission from citizens to enter their property.
(Ord. No. 1659, § 1(16-28(5)), 8-14-89)
Secs. 102-56—102-75. - Reserved.
DIVISION 3. - REGULATIONS
Sec. 102-76. - Explosives.
Page 2
Explosives may be used with the prior and express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Sec. 102-77. - Notice of time and place of use of testing methods.
No geophysical method of mineral exploration shall be used under this permit without the permittee
having first, on the date of such proposed use, notified the city secretary and city manager of the
proposed time and location of the planned use. If the city secretary is not available, notice shall be given
to the chief of police, in addition to the city manager, and if he is not available, then to any police
personnel of the city. No testing shall beconducted on Sunday, nor between the hours of 8:00 p.m. and
6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the
permittee for the day on which notice is given. In addition, written notice of such testing to the occupants
of all dwellings located within 2,000 feet of the test site at least 24 hours prior to the testing.
(Ord. No. 1659, § 1(16-30), 8-14-89)
Secs. 102-78—102-110. -Reserved.
ARTICLE III. - OIL AND GAS
FOOTNOTE(S):
2
---()---
Cross reference—
Business, ch. 22.(Back)
State Law reference—
Oil and gas generally, V.T.C.A., Natural Resources Code § 81.001 et seq.(Back)
DIVISION 1. - GENERALLY
Sec. 102-111. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning. All technical or oil
andgas industry words and phrases used in this article and not specifically defined in this section shall
have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
Actual drillingmeans when the drilling rig, whosepurpose it is to drill the bore hole into the
production horizon, first inserts the drill bit into the ground.
Blockmeans block of land only and shall not be misconstrued to mean drilling block.
Leasemeans any tract of land subject to an oil, gas and mineral lease or other oil and gas
development contract, or any unit composed of several tracts and leases but operated as one lease, and
any tract of land in which the minerals are owned by an operator or someone holding under it or him, but
which, due tothe fee royalty ownership is developed and operated as a separate tract.
New well permitteemeans the person to whom is issued a permit for the drilling and operation of a
new well under this section, and his or its administrators, executors, heirs, successors and assigns.
Old well permitteemeans the person to whom is issued a permit for the redrilling, working-over,
recompletion and reoperation of an old or existing well under this section, and his or its administrators,
executors, heirs, successors and assigns.
Permitteemeans both an old well permittee and a new well permittee.
Page 3
Wellmeans any holes, bores to any sand, any formation, strata or depth for the purpose of
producing and recovering any oil or gas, salt water injection, gas injection or enhanced recovery injection
project.
Well locationmeans the surface location of a well.
(Ord. No. 1659, § 1(16-1), 8-14-89)
Cross reference—
Definitions generally, § 1-2.
Sec. 102-112. - Violation of applicable laws or regulations.
Any violation of the laws of the state or any rules, regulations, or requirements of any state or federal
regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing,
maintaining, spacing or abandoning an oil or gas well or relatedappurtenances, equipment, or facilities,
or in reference to firewalls, fire protection, blowout protection, safety protection, or convenience of
persons or property, shall also be a violation of this article, and shall be punishable in accordance with the
provisions of this article.
(Ord. No. 1659, § 1(16-27), 8-14-89)
Sec. 102-113. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article, irrespective ofwhether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant hereto, or any condition of the bond filed by the permittee pursuant to this section, or who shall
neglect to comply with the terms of this article, shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in amounts established by the city and listed in appendix B of this Code. The violation
of each separate provision of this section, the permit, and the bond shall be considered a separate
offense. Each day's violation of each separate provision of this article shall be considered a separate
offense. In addition to such penalties, it is further provided that the city council, at any regular or special
session or meeting, may, provided ten days' notice has been given to the permittee that revocation is to
be considered at such meeting, revoke or suspend any permit issued under this article and under which
drilling or producing operations are being conducted if the permittee has violated any provision of the
permit, the bond or this article. If the permit is revoked, the permittee may make application to the city
council for a reissuance of such permit, and the action of the city council thereon shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-114—102-135. - Reserved.
DIVISION 2. - ADMINISTRATION
FOOTNOTE(S):
3
---()---
Cross reference—(Back)
Administration, ch. 2.
Sec. 102-136. - Appointment of planning director as oil and gas inspector.
The city council hereby appoints the planning director of the city to enforce the provisions of this
article.
Page 4
(Ord. No. 1659, § 1(16-9), 8-14-89)
Secs. 102-137—102-155. - Reserved.
DIVISION 3. - PERMIT
Sec. 102-156. - Required.
(a)New well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to drill, or to
operate, any new well within the city limits, or to work upon or assist in any way in the development
or operation of any such new well, without a new well permit for the drilling and operation of such
new well having first been issued by the authority of the city council, in accordance with the terms of
this article.
(b)Old well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to deepen, to
repair or to recomplete any well, old or existing, within the city limits or to work upon or assist in any
way in the development or operation of any such well, without an old well permit having first been
issued by the proper authority of the city council in accordance with the terms of this article.
(Code 1970, § 16-12; Ord. No. 1659, § 1(16-2), 8-14-89)
Sec. 102-157. - Application and filing fee.
Every application for a permit to drill and operate a well shall be in writing, signed by the applicant,
and duly filed with the city secretary, accompanied by a permit fee in an amount established by the city
and listed in appendix A of this Code. The application shall be for a single well and shall include full
information including the following:
(1)The date of the application.
(2)Name and address of the applicant.
(3)Proposed site of the well, including:
a.Name of the fee owner.
b.Name of the lease owner.
c.Legal description of the lease.
d.Map showing location of the well on the lease.
(4)Type of drilling rig to be used.
(5)The proposed depth of the well.
(6)A statement that it is understood and agreed that for any legal action or undertaking, venue for
all suits shall lie in the county under any provision of this article.
(Code 1970, § 16-13; Ord. No. 1659, § 1(16-5), 8-14-89)
Sec. 102-158. - Permittee's insurance and bond.
If a permit is issued by the city council under the terms of this article for the drilling and operation of a
well, no actual drilling operations or site preparation work shall be commenced until the permittee shall file
with the city secretary a bond and a certificate of insurance, as follows:
Page 5
(1)The bond shall be a cash bond in the principal sum of such number of dollars as has been
determined by the city council, but not to be less than $5,000.00. Such cash bond shall be for
the benefit of the city and all persons concerned, conditioned that the permittee will comply with
the terms and conditions of this article in the drilling and operation of the well. Such bond shall
become effective on or before the date the same is filed withthe city secretary and remain in
force and effect and on deposit for at least a period of six months subsequent to the expiration
of the term of the permit issued, and in addition the bond will be conditioned that the permittee
will promptly pay off fines, penalties and other assessments imposed upon the permittee by
reason of his breach of any of the terms, provisions and conditions of this article, and that the
permittee will promptly restore the streets and sidewalks and other public property of the city,
which may be disturbed or damaged in the operations, to their former condition. The permittee
will promptly clear all premises of all litter, trash, waste and other substances used, allowed or
occurring in the drilling or producing operations, and will,after abandonment, grade, level and
restore such property to the same surface condition, as nearly as possible, as existed when
operations for the drilling of the wells were first commenced. The permittee will indemnify and
hold the city harmless from anyand all liability growing out of or attributable to the granting of
such permit, including the payment of any expenses incurred by the city for any legal action
which may be filed by either party hereto by reason of seeking or recovery of damages to the
city. If at any time, the city council shall deem any permittee's bond to be insufficient for any
reason, it may require the permittee to make an additional cash bond. If after completion of a
well, the permittee has complied with all of the provisions of this article, such as removing the
derrick, clearing the premises, etc., he may apply to the city council to have the cash bond
reduced to a sum of not less than $1,000.00 for the remainder of the time the well produces
without reworking, and be given a refund of the amount of reduction. During reworking
operations, the amount of the bond shall be increased to the original amount.
(2)In addition to the bond required in subsection (1) of this section, the permittee shall carry a
policy of standard comprehensive public liability insurance, including contractual liability
covering bodily injuries and property damage, naming the permittee and the city, issued by an
insurance company authorized to do business within the state, such policy in the aggregate
shall provide for the following minimum coverages:
a.Bodily injuries: $1,000,000.00, one person and $3,000,000.00, one accident; and
b.Property damage: $1,000,000.00.
(3)The permittee shall file with the city secretary certificates of such insurance coverageas stated
in subsection (2) of this section, and shall obtain the written approval thereof by the city
secretary, who shall act thereon within ten days from the date of such filing. Such insurance
policy shall not be cancelled without written notice to the city secretary at least ten days prior to
the effective date of such cancellation. If the insurance policy is cancelled, the permit granted
shall terminate, and the permittee's rights to operate under the permit shall cease until the
permittee files additional insurance as provided in this section.
(Code 1970, § 16-14; Ord. No. 1659, § 1(16-8), 8-14-89)
Sec. 102-159. - Issuance or refusal.
(a)The city council, within 30 days after the filing of the application for a permit to drill and operate a
well,shall determine whether or not the application complies in all respects with the provisions of this
article, and if it does, the city council shall then fix the amount of the principal of the bond and
insurance provided for in section 102-158, and after such determination shall issue a permit for the
drilling and operation of the well applied for. Each permit issued under this article shall:
(1)By reference have incorporated therein all the provisions of this article with the same force and
effect as if this article were copied verbatim in the permit.
(2)Specify the well location with particularity to lot number, block number and correct legal
description.
Page 6
(3)Contain and specify that the term of such permit shall be for a period of 180 days from the date
of the permit and as long thereafter as the permittee is engaged in drilling operations with no
cessations of such operations for more than 90 days, or oil or gas is produced in commercial
quantities from the well drilled pursuant to such permit, provided that if at any time after
discovery of oil or gas the production thereof in commercial quantities shall cease, the term
shall not terminate if the permittee commences additional reworking operations within 90 days
thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is
produced from such well.
(4)Contain and specify such conditions as are authorized by this article.
(5)Contain and specify that no actual operations shall be commenced until the permittee shall file
and have approved an indemnity bond in the designated principal amount as so determined by
the city council and conditioned as specified in section 102-158
(b)Such permit, in duplicate originals, shall be signed by the city manager, and prior to delivery to the
permittee shall be signed by the permittee (with one original to be retained by the city and one by the
permittee). When so signed, the permit shall constitute the permittee's drilling and operating license
and the contractual obligation of the permittee to comply with the terms of such permit, such bond
and this article.
(c)If the permit for the well is refused, or if the applicant notifies the city in writing that he does not elect
to accept the permit as tendered and wishes to withdraw his application, or if the bond of the
applicant is not approved and the applicant notifies the city in writing that he wishes to withdraw his
application, then, upon the happening of such events, the cash deposit provided for to be filed with
the application shall be returned to the applicant, except that there shall be retained therefrom by the
city a processing fee in an amount established by the city and listed in appendix A of this Code.
(Code 1970, § 16-17; Ord. No. 1659, § 1(16-6), 8-14-89)
Sec. 102-160. - Termination.
The permit shall terminate without any action on the part of the city unless actual drilling of the well
shall have commenced within 180 days from the date of issuance. The cessation for a like period of the
drilling operations, or the cessation of the production of oil or gas from the well after production shall have
commenced, shall cancel the permit, and the well shall be considered as abandoned for all purposes of
this article. It shall be unlawful thereafter to continue the operation or drilling of such well without the
issuance of another permit.
(Code 1970, § 16-21; Ord. No. 1659, § 1(16-7), 8-14-89)
Secs. 102-161—102-180. - Reserved.
DIVISION 4. - DRILLING AND OPERATING REGULATIONS
Sec. 102-181. - Well location.
(a)Subdivisions.No drilling for gas and oil wells in recorded subdivisions shall be allowed. This
subsection shall apply only to acreage which has been subdivided into home sites the size of which
are one acre or less and the plat has been filed for record in the office of the county clerk.
(b)Residences; commercial buildings; schools; city-owned buildings; water wells.No well shall be drilled
and no permit shall be issued for any well to be drilled at any location which is nearer than 750 feet
of any residence or commercial building without the applicant having first secured the written
permission of the owner. No well shall be drilled and no permit shall be issued for any well to be
drilled at any location which is nearer than 750 feet of any school campus within the La Porte
Page 7
Independent School District. No drilling and no permit shall be issued to any well nearer than 750
feet to city-owned buildings or water wells without written permission from the city.
(Ord. No. 1659, § 1(16-4), 8-14-89)
Sec. 102-182. - Streets and alleys.
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is
within any of the streets or alleys of the city. No street or alley shall be blocked or encumbered or closed
in any drilling or production operation except by special permit by order of the city council, and then only
temporarily.
(Code 1970, § 16-1; Ord. No. 1659, § 1(16-3), 8-14-89)
Sec. 102-183. - Deeper drilling.
If the city is satisfied that the well may be deepened with thesame degree of safety as existed with
the original well, a permit may be issued, in an amount established by the city and listed in appendix A of
this Code, to the permittee, authorizing the deepening and operation of the well to such specified depth
as applied for. In any deeper drilling or any deeper completion or any deeper production operations, the
permittee shall comply with all other provisions contained in this article and applicable to the drilling,
completion and operation of a well.
(Ord. No. 1659, § 1(16-10), 8-14-89)
Sec. 102-184. - Derrick and rig.
(a)It shall be unlawful and an offense for any person to use or operate in connection with the drilling or
reworking of any well within the city limits, any wooden derrick, and all engines shallbe equipped
with adequate mufflers approved by the city council; or to permit any drilling rig or derrick to remain
on the premises or drilling site for a period longer than 60 days after completion or abandonment of
the well. At all times from the start of erection of a derrick, mast or gin-pole, until the well is
abandoned and plugged or completed as a producer and enclosed with a fence as provided in this
division, the permittee shall keep a watchman on duty on the premises at all times; provided,
however, that it shall not be necessary to keep an extra watchman on duty on the premises when
other workers of the permittee are on the premises.
(b)No electric lighting generator shall be placed or remain nearer than 150 feet to any producing well or
oil tank.
(c)Any rubbish or debris which may constitute a fire hazard shall be removed to a distance of at least
100 feet from the vicinity of the wells, tanks and pump stations. All waste shall be disposed of in such
manner as to avoid creating a fire hazard or polluting fresh water streams or underground strata. All
waste disposal plans shall be approved by the planning director.
(d)No open flame or arc welding shall be allowed inside the derrick substructure of a well prior to
installation of the well head.
(e)All temporary oil and gas flow lines laid upon or across a public road or highway must be buried to
the depth required by permits issued under section 102-262.
(f)An electric powered rig shall be utilized when available.
(Ord. No. 1659, § 1(16-11), 8-14-89)
Sec. 102-185. - Pits.
Either earthen or steel slush pits shall be permitted in connection with the drilling operation. If a steel
pit is used, the pit and its contents shall be removed from the premises and the drilling site within 60 days
after completion of the well. If an earthen slush pit is used, the slush pit shall be filled and leveled within
Page 8
60 days after completion of the well. All drilling mud must be removed from the earthen pit prior to
backfilling.
(Ord. No. 1659, § 1(16-12), 8-14-89)
Sec. 102-186. - Casing.
All casing, including surface protection and production strings, shall be new seamless steel, or
equivalent quality oil well casing. Each joint and length of each particular casing string shall have, prior to
setting, unconditionally passed a hydraulic test to ensure physical integrity at design working pressure.
(Ord. No. 1659, § 1(16-13), 8-14-89)
Sec. 102-187. - Setting and cementing casing.
No well shall be drilled within the city limits without properly setting surface casing to a depth as
approved by the state department of water resources. The surface casing must be driven or cemented by
the pump and plug method. All other casing strings must be cemented by the pump and plug method with
sufficient cement to completely fill all of annular space behind the casing string to the surface. No well
shall be drilled within the city limits without properly setting surface casing a depth sufficient to protect
producing fresh water sands.
(Ord. No. 1659, § 1(16-14), 8-14-89)
Sec. 102-188. - Valves and blowout preventers.
No well shall be drilled within the city limits without equipping the intermediate protective casing with
at least one master valve and one fluid-operated ram type blowout preventer with mechanical operating
backup; and without properly equipping the production casing during completion operations and workover
operations with at least one master valve and at least one fluid-operated ram type blowout preventer.
Each blowout preventer shall test 5,000 pounds, and its mechanical operation shall be tested daily. All
control equipment shall be in good working condition and order at all times.
(Ord. No. 1659, § 1(16-15), 8-14-89)
Sec. 102-189. - Drilling fluid.
No well shall be drilled within the city limits without using mud as the drilling fluid after the setting of
surface casing as provided in section 102-187. The weight of the mud laden drilling fluid shall be at all
times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the formation encountered by the well. In reworking a well, a drilling fluid shall be
at all times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the pressure, of the formation penetrated by the well and open for production.
(Ord. No. 1659, § 1(16-16), 8-14-89)
Sec. 102-190. - Drill stem tests.
It shall be unlawful and an offense for any person in connection with the drilling or reworking
operations of any well within the city limits to take and to complete any drill stem test except during
daylight hours, and then only if the well effluent during the test is produced through an adequate oil and
gas separator to storage tanks, and the effluent remaining in the drill pipe at the time the tool is closed is
flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(Ord. No. 1659, § 1(16-17), 8-14-89)
Sec. 102-191. - Bradenhead.
Each well drilled within the city limits shall be equipped with a bradenhead with a working pressure of
not less than 3,000 pounds per square inch. Bradenheads shall be cast iron steel premanufactured and
Page 9
welded to the well casing. The bradenhead installed on the surface casing shall be set above the ground
level and shall be equipped with fittings having a working pressure rating of not less than 3,000 pounds
per square inch. The bradenhead pressure shall be checked at least once each calendar month, and, if
pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source
and the existence of the pressure.
(Ord. No. 1659, § 1(16-18), 8-14-89)
Sec. 102-192. - Christmas tree and well head connections.
The Christmas tree and all well head connections on each well drilled within the city limits shall have
at least a minimum working pressure of 3,000 pounds per square inch, and on all wells completed below
a depth of 7,000 feet, the Christmas tree and well head connections shall have at least a minimum
working pressure of 3,000 pounds per square inch and a minimum test pressure of at least 5,000 pounds
per square inch. All piping and fittings connecting thewell head to an oil and gas separator shall have at
least the same working pressure as specified for Christmas tree and well head connections in this
section. All wells shall be equipped with an automatic closing safety valve located adjacent to the wing
valve in addition to the regular control valves.
(Ord. No. 1659, § 1(16-19), 8-14-89)
Sec. 102-193. - Premises to be kept clean and sanitary.
The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to
the satisfaction of the city at all times drilling operations or reworking are being conducted, and as long
thereafter as oil and/or gas is being produced therefrom. Any spill, oil or salt water must be reported
immediately to the city and cleanup commenced promptly.
(Ord. No. 1659, § 1(16-20), 8-14-89)
Sec. 102-194. - Mufflers required.
Motive power for all operations after completion of drilling operations shall be electricity or properly
muffled gas, gasoline, or diesel engines. Such mufflers are to be approved by the chief building official
prior to their use.
(Ord. No. 1659, § 1(16-21), 8-14-89)
Sec. 102-195. - Storage tanks and separators.
It shall be unlawful and an offense for any person to use, construct or operate in connection with any
producing well within the city limits, any crude oil well storage tanks except to the extent of two steel tanks
for oil storage, not exceeding 500 barrels capacity each and so constructed and maintained as to be
vaportight, with pressure release valves set below tank design pressure, and each surrounded with an
earthen firewall at such distance from the tank as will, under any circumstances, hold and retain at least
1½ times the maximum capacity of such tank. A permittee shall operate a conventional steel separator,
andsuch other steel tanks and appurtenances as are necessary for separating oil and gas with each of
such facilities to be so constructed and maintained as to be vaportight. Each oil and gas separator shall
be equipped with both a regulation pressure relief safety valve and a bursting head.
(Ord. No. 1659, § 1(16-22), 8-14-89)
Sec. 102-196. - Fence.
Any person who completes any well as a producer shall have the obligation to enclose the well,
together with its surface facilities and storage tanks, by a substantial smooth net wire fence sufficiently
high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates
thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided,
Page 10
however, that in noncongested areas the city, at its discretion, may waive the requirement of any fence,
or may designate the type of fence to be erected.
(Ord. No. 1659, § 1(16-23), 8-14-89)
Sec. 102-197. - Venting and flaring of gas.
No person engaged in drilling or operating any well shall permit gas to escape or be vented into the
air unless the gas is flared and burned as permitted by the state railroad commission.
(Ord. No. 1659, § 1(16-24), 8-14-89)
Sec. 102-198. - Abandonment and plugging.
Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the
well to plug the well in accordance with regulations of the state railroad commission. No surface or
conductor string of casing may be pulled or removed from awell. During initial abandonment operations it
will be the obligation of the permittee or the operator of the well to flood the well with mud-laden fluid
weighing not less than ten pounds per gallon or sufficient mud weight to yield a hydrostatic pressure500
pounds above the maximum formation pressure encountered by the well. The well will be kept filled to the
top with the mud-laden fluid at all times, and the mud-laden fluid of the above specifications will be left in
the well bore below and between cement plugs.
(Ord. No. 1659, § 1(16-25), 8-14-89)
Sec. 102-199. - Disposal of salt water.
The permittee shall make adequate provisions for the disposal of all salt water or other impurities
which he may bring to the surface, and disposal to be made in such manner as to not contaminate the
underground water strata or to injure surface vegetation. The disposal process shall be approved by the
city, prior to disposal for the protection of public health, safety and well-being.
(Ord. No. 1659, § 1(16-26), 8-14-89)
Sec. 102-200. - Use of explosives.
Explosives may be used with the prior express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Secs. 102-201—102-230. - Reserved.
ARTICLE IV. - PIPELINE TRANSPORTATION
FOOTNOTE(S):
4
---()---
Editor's note—
Ordinance No. 2004-2755, § 1, adopted July 12, 2004, repealed the former Art. IV, §§
102-231—102-237, 102-261—102-265, and enacted a new Art. IV as set out herein. The former Art. IV
pertained to similar subject matter and derived from Ord. No. 915, § 1(18-A-1)—(18-A-12), 3-6-72.
Cross reference—(Back)
Businesses, ch. 22.
State Law reference—
Transportation of gas and gas pipeline facilities, safety standards, preemption,
Vernon's Ann. Civ. St. art. 6053-1.(Back)
Sec. 102-231. - Declaration of policy.
Page 11
The city council declares that the policy of the city in the manner of granting to any person the
privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the
purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall
be stated in this article. The provision of this article shall be administered by the director of planning or his
designee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-232. - Definition of terms.
All terms used herein shall be taken in their ordinary signification except the following:
Cityshall mean the City of La Porte now incorporated andas hereafter expanded by annexation or
consolidation.
Commodityshall mean any liquid or gaseous substance or other product capable of being
transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to
human, animal or plant health and/or life.
Directorshall mean the director of planning or his designee.
Operational boundaryshall mean the prime property and location of the offices and operational
facilities of a person within the city. The term is not intendedto extend to rights-of-way, easements,
licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart
from such primary property, offices and operational facilities.
Permitteeshall mean the person to whom a permit is issued under the provisions of this ordinance.
Personshall mean an individual, corporation, partnership, association or any other entity, however
organized.
Pipelineshall mean any pipeline or part thereof, including pipe, valves and any appurtenances
thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline"
shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary
of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve
or appurtenance when located entirely on, within or under a person's operational boundary.
Relocationshall mean the horizontal or vertical movement of a pipeline.
Repositionshall mean the movement of a pipeline when such movement is necessary for the public
construction or public improvement: construction, maintenance and improvement of streets, water lines,
sanitary sewer lines, storm sewers, ditches and public utilities.
(Ord. No. 2004-2755, § 1, 7-12-04)
Cross reference—
Definitions generally, § 1-2.
Sec. 102-233. - Exemption.
This article shall not extend to:
(1)Any person now or hereafter providing natural gas service for residential and business use only
within the city pursuant to a franchise from the city as a gas distribution utility;
(2)Raw or potable water pipelines, valves and appurtenances; or
(3)City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and
appurtenances, except industrial wastes transported by pipeline to treatment facilities outside
the corporate city limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 12
Sec. 102-234. - Permit required.
No person shall commence the construction, relocation or reposition of a pipeline within the city
without a permit being obtained from the city for such pipeline under the terms of this chapter.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-235. - Application for permit
A person desiring a permit shall submit a written application to the director and concurrently
therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the
director, shall be submitted to the director, in duplicate, with the following information contained thereon:
(1)The name, business address and telephone number of the pipeline owner and operator;
(2)The names, titles and telephone numbers of the following persons:
a.The person submitting the information;
b.The principal contact for submittal of information; and
c.The 24-hour emergency contact (and an alternate 24-hour contact), who
1.Can initiate appropriate actions to respond to a pipeline emergency;
2.Has access to information on thelocation of the closest shutoff valve to any specific
point in the city or its jurisdiction; and
3.Can furnish the common name of the material then being carried by the pipeline.
(3)The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced,
repositioned or repaired.
(4)A description of the commodity(s) to be transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the submittal if the owner or
operator is required by federal or state law to have material safety data sheets available;
(5)The maximum allowable operating pressure on the pipeline as determined according to the U.S.
Department of Transportation and State Railroad Commission procedures orthe maximum
design strength for unregulated pipelines, if applicable;
(6)The normal operating pressure range of the pipeline;
(7)The maximum allowable temperature under which the substance or product may be pumped or
otherwise caused or permitted to flow through any and all of the particular portions of the
pipeline, if applicable;
(8)Engineering plans, drawings, maps with summarized specifications showing the horizontal
pipeline location, the pipeline covering depths and location of shutoff valves within the corporate
limits and ETJ of the city. The location of shutoff valves must be known in order for emergency
responders to clear the area for access to the valves. To the extent that information can be
reasonably obtained, drawings shall show the location of other pipelines and utilities that will be
crossed or paralleled within five feet;
(9)A summary description of the time, location, manner, means and methods of the proposed
construction, including but not limited to the following:
a.Detailed cross section/profile drawings for all public way crossings if requested by the
Director;
b.A plan accurately showing the location, course and alignment of the proposed pipeline,
including valve locations (existing and proposed), and all public ways in which the
proposed pipeline shall be laid, provided that the degree of accuracy shall not be required
Page 13
to exceed the accuracy which can be practicably achieved by using United States
Geological Survey (USGS) maps.
(10)A statement that the pipeline will comply with the applicable standards required by this article as
well as all applicable federal, state and local laws and regulations; and
(11)A statement that the permittee shall, at any time in the future, where such pipeline or portion
thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage
way or public way existing or projected at the time the permit is issued, reposition such pipeline
(which shall include lowering or raising the pipeline, as well as casing it, if required) at the
permittee's sole expense, when the city reasonably requires such action incidental to public
construction or public improvement: Construction, maintenance and improvement of streets,
water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give
the permittee prior written notice of the need for repositioning location, and such notice shall be
mailed certified mail, return receipt requested, to the permittee as designated in the application.
The permittee shall have six months to complete such repositioning.
(12)A statement that the permittee shall notify the director at least 48 hours prior to performing any
scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or
maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the
city police department dispatcher as soon as practical but no later than one hour after
commencing repairs or maintenance.
The director expressly reserves the right to require the submission of additional information if the director
reasonably deems the information necessary to meet the requirements of this article. Such supplemental
information shall be submitted by the permittee to the director within ten days, excluding weekends and
city holidays, of the permittee's receipt of the director's written request. While awaiting the requested
information, the period in which the city must process the application shall be suspended.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-236. - City council consideration.
(a)Within 60 days from the date on which the official application is received at the official address for
the director, the director shall advise the applicant whether, based on the director's professional
judgment, the contemplated construction, relocation, replacement or reposition is in compliance with
this article. If the director does not deem the contemplated construction to be in compliance with this
article, the director shall notify the applicant, in writing, of any deficiencies found.
(b)After the notice described in subsection (a) of this section is given to the applicant, the director,
based upon the assessment of the director and other city personnel, shall report to the city council
upon his examination of such application and plans, including such changes in the plans as the
applicant may have made upon his suggestion, with his recommendation as to the granting or
denying of the permit application, based upon compliance or noncompliance with this article, at the
next regularly scheduled city council meeting for which adequate notice may be given. The director
shall in such report and recommendation state whether the proposed course or alignment of the
pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to
the extent economically feasible, consistent with the probable future development of such areas,
location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches
and public utilities incident to such probable future development.
(c)After the report and recommendation is made to the city council, the city council shall consider
approval or denial of the permit.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-237. - Permits.
Page 14
Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original
shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be
conspicuously displayed at each point where the pipeline construction, relocation or repositioning
intersects any public street, right-of-way, easement or public property within the corporate limits of the
city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-238. - Permit transference.
Permits may be transferred after prior written notice to the director, on a form provided by the
director, which notice shall set forth the full name and address of the transferee, the full name and
address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that
the transferee shall be bound by all provisions of the application and permit as originally acted upon and
granted by the city. The transfer application shall be signed by an authorized officer, owner or
representative of both the transferor and transferee and shall be accompanied by a non-refundable
transfer fee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-239. - Permit fees.
(a)Every permit requested under the terms and conditions of this article, with the exception of those
permits necessitated due to a repositioning of a pipeline at the request or required by the city or
another governmental entity, shall provide for the payment by the applicant to the city of a non-
refundable application fee of $1,000.00 per pipeline.
(b)Every permit granted under the terms and conditions of this article shall provide for the payment of
an annual fee thereafter in the amount of $800.00 per pipeline per year, payable annually in advance
on or before July 1 of each year.
(c)Every permit transfer shall be accompanied by a non-refundable transfer fee of $300.00.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-240. - Permit expiration.
(a)If construction, relocation or reposition of the pipeline does not commence within one year from the
date of the permit, the permit shall be void unless the permittee makes written application for an
extension. The city council may grant an extension for one additional year only.
(b)Pipelines abandoned after the date of this article shall have their permit voided and shall not
thereafter be subject to the terms of this article except as follows:
(1)The owner or operator shall report to the director, in writing, the abandonment of a pipeline that
has been permitted in accordance withthis article.
(2)All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of
gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the city
limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-241. - Construction requirements.
All pipelines shall be constructed in accordance with the following guidelines:
(1)All pipelines shall be constructed in accordance with the latest applicable minimum standards, if
applicable, established by the United States Department of Transportation, Texas Railroad
Commission, or any other entity having regulatory authority over pipeline safety and
construction matters.
Page 15
(2)All pipelines shall be buried to specified depths, as follows:
a.Pipelines which run under or within 20 feet of any street or streets and/or any proposed
street which has been designated on the master plan for the city or the official city map of
the city, shall be buried to a depth of at least six feet measured between the top of the
pipeline and the natural surface of the ground.
b.Pipelines which run under any ditch and/or drainage area or structure shall be buried to a
depth of at least five feet measured between the top of the pipeline and the ultimate
channel or structure depth. Permittee is responsible for determining the ultimate depths
from the appropriate agency and reporting said information with permit application.
c.Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of
four feet measured between the top of the pipeline and the natural surface of the ground.
Provided further, if at any particular point or points the director determines that a greater or
lesser depth be required, such permit shall not be granted except upon agreement by the
permittee to comply with such depth requirement.
(3)All pipelines shall cross public streets, public properties and public rights-of-way as closely as
possible to a right (90°) angle.
(4)All public streets,roads and ways in existence at the time of construction of a pipeline shall be
bored under and shall not be cut for the purpose of constructing, relocating or repositioning a
pipeline.
(5)All pipeline related excavations in any public right-of-way shallbe backfilled in a manner
satisfactory to the city; and if after once refilling such excavation the earth within the excavated
area settles so as to leave a depression, the permittee shall be required to make further
necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide
drainage of the area.
(6)The permittee shall be required to repair all portions of any street across or along and under
which pipelines are laid and place the same in as good a state of repair and condition as they
were at the time the construction, repair or removal was commenced, such repairs to be to the
satisfaction of the city.
(7)Upon completion of the pipeline, the permittee shall provide the director with three as-built (or
record) drawings of the pipeline, showing the route, distances and shut-off valve locations.
These drawings shall be submitted in digital format acceptable to the city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-242. - Pipeline location.
(a)Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of
locating new pipelines in established corridors in the city shall be considered from the perspective of
the pipeline owner or operator, taking into consideration the following:
(1)The availability and cost of corridor space;
(2)The availability and cost of right-of-way to and from the corridor;
(3)Technical, environmental, safety, efficiency and cost issues related to building, operating and
maintaining both the portion of the pipeline that would be located in the corridor and the lengths
of pipeline required to gain access to and from routing through a corridor;
(4)Any delays in right-of-way acquisition or pipeline construction that may result from routing
through a corridor;
(5)The availability of an alternative right-of-way to the owner or operator; and
Page 16
(6)All other matters that a prudent pipeline owner or operator would consider in selecting the route
for a new pipeline.
Provided that the owner or operator has considered in good faith the use of existing corridors
within the city, the determination of the owner or operator as to the feasibility shall be
determinative, unless there is clear and convincing evidence that contradicts the conclusion of
the owner or operator.
(b)When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should,
to the extent practical:
(1)Follow property boundaries of fee parcels or existing easements to avoid unnecessary
fragmentation of land andavoid diagonal routes that would create slivers of land between public
ways, except if following:
a.Manmade or topographical features is in the public interest;
b.Boundary lines or existing easements is impractical under the circumstances;
c.Boundary lines or existing easements poses safety concerns; or
d.Boundary lines or existing easements would not be feasible.
(2)Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and
areas of historical or cultural significance, unless appropriate mitigation measures are
undertaken to the satisfaction of the director; and
(3)Avoid conflict with existing or planned urban developments as well as the location of planned
future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and
ditches incident to such future development.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-243. - Liability.
A condition of granting any permit shall require the permittee to save the city harmless from liability
for injury or damage to any person or person's property caused by the construction, relocation,
repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any
public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to
the city by construction relocation, repositioning, maintenance, operation, repair or removal of such
pipeline or any part thereof.
(1)Except in an emergency, the permittee shall notify the director 48 hours before commencing at
any time excavation in any portion of any said unpaved or unimproved street, and not wholly
close any street, but shall at all times maintain a route of travel along and within such roadway
area, to the extent such travel was allowed prior to the excavation.
(2)In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, permittee
may, at its own responsibility and risk make necessary emergency repairs, notifying the city
police dispatch of this action as soon as practical, but not later than one hour after commencing
repairs or maintenance.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-244. - Insurance and bonding requirements.
(a)Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation,
reposition or replacement, and shall further maintain at all times during the life of the permit,
commercial general liability insurance for bodily injury and property damage, including explosion,
collapse and underground hazard, coverage in the minimum combined single limit amount of
$1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public
Page 17
way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as
additional insureds.
(b)A certificate of insurance specifying the coverage required in subsection (b) of this section with an
insurance company having acceptable insurance rating shall be furnished to the director prior to the
issuanceof any permit. Such certificates of insurance shall provide that at least 30 days prior written
notice for the termination or modification of the required insurance shall be given to the city.
(c)In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which
demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the
most recent corporate financial report which is acceptable to the city council as giving assurance of
the applicant's financial ability to comply with the requirements of this section.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-245. - Pipeline permit updates.
It shall be the responsibility of the permittee to provide, in writing, updated information on the
following aspects of each permit:
(1)Name and mailing address of the pipeline owner.
(2)Name and telephone number of two officers or persons available on a 24-hour basis who can
furnish or obtain immediately, information as to the pressure at the point or points of input
nearest to the city and the common name of the commodity carried by the pipeline.
(3)A description of the commodity(s) being transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the update if the owner or
operator is required by federal or state law to have material safety data sheets available.
This information will be provided with the annual update or upon transference or any change in
ownership.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-246. - Pipeline signs.
Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain,
indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in thepipeline right-
of-way where said pipeline rights-of-way cross public streets, public properties or public rights-of-way.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-247. - Penalties.
Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and
such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor;
and upon final conviction, every person, firm, association, corporation or partnership guilty of such
violation shall be fined in a sum not more than $2,000.00 per each day of violation.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 18
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
Dave Mick Dave Mick
Requested By:
Account Number:Account Number:
Public Works Public Works
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. City Ordinance Section 741. City Ordinance Section 74--206206
2. Surcharge Snapshot2. Surcharge Snapshot
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Public Works staff presented an overview of the CityPublic Works staff presented an overview of the Citys industrial waste inspection program including s industrial waste inspection
program including
industrial/commercial discharges to the City sanitary sewer system at the November 10, 2014 City council industrial/commercial discharges to the City sanitary sewer system at the November
10, 2014 City council
meeting. The discussion primarily centered on the consideration of restaurants. City Councilmeeting. The discussion primarily centered on the consideration of restaurants. City Councils
direction was for s direction was for
staff to recommend changes to the surcharge formula provided in City Ordinance Sec. 74staff to recommend changes to the surcharge formula provided in City Ordinance Sec. 74--206 with
the effect of 206 with the effect of
lowering the surcharge costs. Subsequent to the meeting staff received further requests from council members to lowering the surcharge costs. Subsequent to the meeting staff received
further requests from council members to
a) consider City staff coordinating the effluent sampling for the commercial establishments (the businesses that are a) consider City staff coordinating the effluent sampling for the
commercial establishments (the businesses that are
currently responsible for sampling and providing test results), and b) consider testing the restaurant effluent more currently responsible for sampling and providing test results), and
b) consider testing the restaurant effluent more
often.
Surcharge Fee: Surcharge Fee:
The attached spreadsheet provides an updated snap shot of the current surcharge fees by facility compared with The attached spreadsheet provides an updated snap shot of the current
surcharge fees by facility compared with
a 50% reduction in the surcharge rates for restaurants/food processing establishments. The 50% would be a 50% reduction in the surcharge rates for restaurants/food processing establishments.
The 50% would be
achieved by reducing the operation/maintenance factor (cost to operate the treatment plant per 1000 gallons achieved by reducing the operation/maintenance factor (cost to operate the
treatment plant per 1000 gallons
treated) from the currently calculated $1.286 to a fixed value arbitrarily set to $0.640. Because the sewage treated) from the currently calculated $1.286 to a fixed value arbitrarily
set to $0.640. Because the sewage
collection and treatment systems are particularly sensitive to compounds that might be released from the SIU collection and treatment systems are particularly sensitive to compounds
that might be released from the SIU
facilities, staff is not proposing to modify the current surcharge formulas for the SIU facilities. facilities, staff is not proposing to modify the current surcharge formulas for the
SIU facilities.
City Coordinating Testing: City Coordinating Testing:
There is benefit for both the City (improved quality control) and the restaurants (convenience and decreased cost) There is benefit for both the City (improved quality control) and
the restaurants (convenience and decreased cost)
for the City to coordinate sampling and testing for the food establishments. This does come with some increased for the City to coordinate sampling and testing for the food establishments.
This does come with some increased
administrative responsibilities for the City. administrative responsibilities for the City.
The best information available to staff suggests that the restaurants are paying between $150 and $300 annually The best information available to staff suggests that the restaurants
are paying between $150 and $300 annually
for effluent monitoring. Currently the permit fee for restaurants is $25/3for effluent monitoring. Currently the permit fee for restaurants is $25/3--years. Cost of permit plus testing
over a years. Cost of permit plus testing over a
3-year period then is estimated to range from $475 to $925. year period then is estimated to range from $475 to $925.
Staff may be able to contract the testing for $60 to $100 per test plus a roughly estimated 60 to 80 hours additional Staff may be able to contract the testing for $60 to $100 per test
plus a roughly estimated 60 to 80 hours additional
City administration time per year ($1,500 to $2,000/year). City administration time per year ($1,500 to $2,000/year).
Testing Frequency: Testing Frequency:
Quality control of the testing would be improved and more consistent with the City coordinating the sampling and Quality control of the testing would be improved and more consistent
with the City coordinating the sampling and
testing on behalf of the restaurants. In most instances, testing once a year is adequate in stafftesting on behalf of the restaurants. In most instances, testing once a year is adequate
in staffs opinion. Staff will s opinion. Staff will
continue test more frequently if requested by the restaurant management (the facility would pay for the additional continue test more frequently if requested by the restaurant management
(the facility would pay for the additional
testing) or if otherwise determined necessary on a casetesting) or if otherwise determined necessary on a case--byby--case basis. case basis.
Significant Industrial Users (SIUSignificant Industrial Users (SIUs): s):
In terms of program cost per facility, the cost of the 4 SIUIn terms of program cost per facility, the cost of the 4 SIUs (tank wash facilities) greatly exceeds the fees paid s (tank
wash facilities) greatly exceeds the fees paid
into the utility fund for their permits surcharges. The current permit fee is $25/year for each facility. Although into the utility fund for their permits surcharges. The current
permit fee is $25/year for each facility. Although
these locations are high volume discharges, the surcharges collected from this group total around $3,000/year these locations are high volume discharges, the surcharges collected from
this group total around $3,000/year
because of their advanced pretreatment systems. Total program cost for this group is estimated at $20,000/year because of their advanced pretreatment systems. Total program cost for
this group is estimated at $20,000/year
including staff time, tests, additional reporting and audit requirements from the state associated with the SIUincluding staff time, tests, additional reporting and audit requirements
from the state associated with the SIUs.
Other Considerations: Other Considerations:
The SIU portion of the program is mandated by TCEQ. The SIU portion of the program is mandated by TCEQ.
Municipal programs to control FOG (fats, oil, and grease) are much more closely watched now by TCEQ Municipal programs to control FOG (fats, oil, and grease) are much more closely watched
now by TCEQ
and the USEPA when evaluating SSO (sanitary sewer overflows) reports. and the USEPA when evaluating SSO (sanitary sewer overflows) reports.
The City is operating under an SSO agreement with TCEQ currently. Any future agreements are likely to The City is operating under an SSO agreement with TCEQ currently. Any future agreements
are likely to
include mandated FOG programs. include mandated FOG programs.
The benefits of the current program:The benefits of the current program:
Surcharge fees are performance and consumption based.Surcharge fees are performance and consumption based.
Rather than the City mandating certain equipment that may not be necessary in every instance, the Rather than the City mandating certain equipment that may not be necessary in every
instance, the
restaurants can evaluate the surcharge cost compared to the cost of equipment/plumbing upgrades. restaurants can evaluate the surcharge cost compared to the cost of equipment/plumbing
upgrades.
Types, processes and equipment vary greatly among the food establishments. Some business Types, processes and equipment vary greatly among the food establishments. Some business
owners rent their facilities, there are occasionalowners rent their facilities, there are occasional--use operations (specialty catering, weekend use operations (specialty catering,
weekend
barbecue). The performance/consumption based model works in a wide variety circumstances. barbecue). The performance/consumption based model works in a wide variety circumstances.
The surcharge fees aid the education components of the program and encourage best management The surcharge fees aid the education components of the program and encourage best management
practices. practices.
The longest tenured utility employees indicate that the program has been effective in reducing grease The longest tenured utility employees indicate that the program has been effective
in reducing grease
and dryand dry--weather sewer overflows near commercial areas. weather sewer overflows near commercial areas.
The program cost is approximately $95,000/year. (Increases to $105,000/year with the City coordinating The program cost is approximately $95,000/year. (Increases to $105,000/year with
the City coordinating
effluent testing for restaurants and contracting tests.)effluent testing for restaurants and contracting tests.)
Permit fees generate $1,400/year.Permit fees generate $1,400/year.
Surcharge fees generate approximately $85,000. (Decreases to roughly $44,000/year with 50% decrease in Surcharge fees generate approximately $85,000. (Decreases to roughly $44,000/year
with 50% decrease in
surcharge fees to restaurants). surcharge fees to restaurants).
Action Required of Council:Action Required of Council:
Receive update from staff and provide direction.Receive update from staff and provide direction.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Council Agenda Item
February 9, 2015
9. (a) Receive report of La Porte Development Corporation Board Councilmember Engelken
***********************************************************************************
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
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. 2014 Racial Profiling Report1. 2014 Racial Profiling Report
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures. The attached report is provided in accordance with Article 2.132 (7) of
the Texas Code of Criminal Procedures.
The Code requires that the Police Department annually report, to its governing body, data collected on the race or The Code requires that the Police Department annually report, to
its governing body, data collected on the race or
ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested. ethnicity of individuals stopped for traffic violations and subsequently cited,
searched and/or arrested.
The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas laws The report indicates that the La Porte Police Department is fully in compliance
with all relevant Texas laws
concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, concerning racial profiling, including the existence of a formal
policy prohibiting racial profiling by its officers,
officer training, and the collection of data in compliance with the law. Additionally, a review of internal officer training, and the collection of data in compliance with the law. Additionally,
a review of internal
administrative records indicated that during 2014 the department received no complaints that could be categorized administrative records indicated that during 2014 the department received
no complaints that could be categorized
as involving some type of racial profiling. As a result of this analysis, and the listed statistics, it is believed that the as involving some type of racial profiling. As a result
of this analysis, and the listed statistics, it is believed that the
officers of the La Porte Police Department are operating appropriately and without bias relating to individual officers of the La Porte Police Department are operating appropriately
and without bias relating to individual
officers of the La Porte Police Department are operating appropriately and without bias relating to individual officers of the La Porte Police Department are operating appropriately
and without bias relating to individual
violator race, ethnicity, or national origin.violator race, ethnicity, or national origin.
violator race, ethnicity, or national origin.violator race, ethnicity, or national origin.
Action Required of Council:Action Required of Council:
Acceptance of the 2014 La Porte Police Department Racial Profiling Report as presented by the Chief of Police.Acceptance of the 2014 La Porte Police Department Racial Profiling Report
as presented by the Chief of Police.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
th
January 8, 2015
To: La Porte City Council
Thru: Corby Alexander, City Manager
From: Kenith Adcox, Chief of Police
Subject: Racial Profiling Report for the La Porte Police Department
Honorable Council Members:
The following report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal
Procedures. The Code requires that the police department annually report, to its governing body, data collected
on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or
st
arrested. Reporting must take place on or before March 1 of each year.
The following report meets this requirement by providing a detailed analysis of the La Porte Police
statistical information on racial profiling for the year 2014. To assist City
Council in their examination of the included data, detailed demographic data has also been provided relating to
the City of La Porte, Harris County, and the State of Texas.
For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling
means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather
than on the individual's behavior or on information identifying the individual as having engaged in criminal
activity (Texas CCP Article 3.05).
La Porte Police Department Policy/ Training on Racial Profiling
A review of La Porte Police Department regulation 2.400 provides evidence that the department has adopted
policies in compliance with Article 2.132 of the Texas Code of Criminal Procedure (see Appendix A). There
Policy m
Profiling Policy, which provides clear direction that any form of racial profiling is prohibited and that officers
found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations
regardless of race or ethnicity. All members of the La Porte Police Department have received formal training
required by the State of Texas relating to Racial Profiling and have been provided, and signed for copies, of the
departmental policy in question. Additionally, the policy is required to be reviewed with all employees by
supervisors on a bi-annual basis.
La Porte Police Department Statistical Data on Racial Profiling
In accordance with Departmental Policy, Officers of La Porte Police Department submitted statistical
information on all contacts made with motorists in 2014 and accompanying information on the race of the
person contacted. This data has been aggregated and is presented in the below tables, accompanied by relevant
information on searches, arrests, and demographic information.
LPPD Citations Issued Compared with Overall Race Representation in Population
70
60
LA PORTE
50
(% of Citations)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
Race La Porte PD Motorist LPPD La Porte Harris County Texas
Citations Percent Contacted Population Population Representation Population
by Race
RepresentationRepresentation
Asian 154 1.4% 1.2% 6.8% 4.3%
Black 1,721 15.1% 6.2% 19.5% 12.4%
Caucasian 6,414 56.2% 59.9% 29.2% 42.0%
Hispanic 2,977 26.1% 29.4% 41.6% 38.4%
Mid. East 30 0.3% 2.6% 1.7% 1.8%
Native Am 25 0.2% 0.6% 1.1% 1.0%
Other 75 0.7% 0.1% 0.1% 0.1%
Total 11,396 100% 100% 100% 100%
LPPD Searches Compared with Overall Race Representation in Population
70
60
LA PORTE
50
(% of Searches)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
Race LPPD Without With LPPD La Porte Harris County Texas
Percent Population
Searches Consent Consent
Population Population
Searched by Representation
RepresentationRepresentation
Race
Asian 1 1 0 0.2% 1.2% 6.8% 4.3%
Black 69 24 45 15.4% 6.2% 19.5% 12.4%
Caucasian 290 140 150 64.6% 59.9% 29.2% 42.0%
Hispanic 88 43 45 19.6% 29.4% 41.6% 38.4%
Mid. East 1 0 1 0.2% 2.6% 1.7% 1.8%
Native Am 0 0 0 0.0% 0.6% 1.1% 1.0%
Other 0 0 0 0.0% 0.1% 0.1% 0.1%
Total 449 208 241 100% 100% 100% 100%
LPPD Arrests Compared with Overall Race Representation in Population
60
50
LA PORTE
(% of Arrests)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
Race LPPD Arrests La Porte PD La Porte Harris County Texas
Population
Percent Arrested by Population Population
Representation
RaceRepresentation Representation
Asian 2 0.2% 1.2% 6.8% 4.3%
Black 173 16.1% 6.2% 19.5% 12.4%
Caucasian 659 61.5% 59.9% 29.2% 42.0%
Hispanic 235 21.9% 29.4% 41.6% 38.4%
Mid. East 2 0.2% 2.6% 1.7% 1.8%
Native Am 0 0.0% 0.6% 1.1% 1.0%
Other 1 0.1% 0.1% 0.1% 0.1%
Total 1,072 100% 100% 100% 100%
Overall involvement by Race for LPPD Contacts and Arrests
(In Comparison to La Porte Population)
60
50
40
30
Involvement
Population
20
10
0
Race % of Race Involvement % of Race in La Porte Population
Asian 1.0% 1.2%
Black 14.2% 6.2%
Caucasian 56.6% 59.9%
Hispanic 27.3% 29.4%
Mid. East 0.3% 2.6%
Native Am 0.1% 0.6%
Other 0.5% 0.1%
Total 100% 100%
The above statistics seem to indicate that Black drivers were contacted and arrested incident to traffic violations
at a rate higher than the percentage of their respective residency within the City of La Porte. Easy
determinations regarding ,
however, impossible given the fact that the included census data represents U.S. Census population figure
estimates according to Demographic Profile Data of General Population and Housing Characteristics
representing all age groups, yet does not take into account a specific combination of age and race regarding the
percentage of the drivers who were actually stopped. Additionally, while population figure estimates are
represented, updates of the projected demographic statistics for 2014 are not yet available.
It is also important to note that these variations appear less significant when taking into consideration regional
demographic statistics, which show a much higher ratio of minority residents. In other words, variations in La
Porte traffic contacts are likely impacted by representative minority drivers traveling within or through the City
from other areas of the county/state/country, which are more highly represented by minority populations. This
would account for larger percentages of non-resident traffic offenders, making comparisons relating strictly to
La Porte area populations difficult.
Further interpretation problems exist in regard to the police officers themselves who are currently forced to
make subjective determinations regarding an individual's race based on his or her personal observations because
the Texas Department of Public Safety does not provide an objectively based determination of an individual's
race/ethnicity on the Texas driver's license. The absence of any verifiable race/ethnicity data on the driver's
license is especially troubling given the possibility of citizens who are of mixed racial decent. As such, the
validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct
proportion to the number of subjective "guesses" officers are forced to make when trying to determine an
individual's racial/ethnic background. Still, the La Porte Police Department is committed to providing public
safety without bias of any type and will continue to closely track, monitor, and regulate employee activities in
order to ensure that biased-based policing does not occur.
Note: Enforcement statistics relating to Asian, Caucasian, Hispanic, Middle Eastern, and Native American
drivers either closely mirror or are below population ratios within the City of La Porte.
In summary, the foregoing analysis shows that the La Porte Police Department is fully in compliance with all
relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial
profiling by its officers, officer training, and the collection of data in compliance with the law. Additionally, a
review of internal administrative records indicated that during 2014 the department received no complaints that
could be categorized as involving some type of racial profiling. As a result of this analysis, and the listed
statistics, it is my belief that the officers of the La Porte Police Department are operating appropriately and
without bias relating to individual violator race, ethnicity, or national origin.
Respectfully Submitted,
________________________
Kenith R. Adcox
Chief of Police
Appendix A
LA PORTE POLICE DEPARTMENT
GENERAL ORDERS
SUBJECT:
Bias Based/Racial Profiling Prohibited
GENERAL ORDER
2.400
DATE:
101513
REFERENCE:
GO 4.008 Mobile Video (In Car) Recording Equipment
SPECIAL INSTRUCTIONS:
DISTRIBUTION:
Sworn Personnel
NO. PAGES:
6
SECTION 1 PURPOSE
To comply with the Texas Code of Criminal Procedure Article 2.132
encounters between an officer and any
person.
To reinforce procedures that serve to ensure public confidence and mutual trust through the provision of
services in a fair and equitable fashion.
To protect our officers from unwarranted accusations of misconduct when they act within the dictate of
departmental policy and the law.
SECTION 2 POLICY
It is the policy of this Department to police in a proactive manner and to vigorously investigate suspected
violations of law. Officers shall actively enforce municipal, state and federal laws in a responsible and
professional manner, without regard to race, ethnicity or national origin, or on the basis of other criteria (ex.
racial or ethnic stereotypes, sexual orientation, etc.), rather than upon the individua
other lawful reasons for the law enforcement action . Officers are strictly prohibited from engaging in bias
based/racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers,
passengers or pedestrians.
Officers shall conduct themselves in a dignified and professional manner at all times when dealing with the
public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal
protection under the law and freedom from unreasonable searches and seizures by government agents. The
right of all persons to be treated equally and to be free from unreasonable searches and seizures must be
respected. Bias based/racial profiling is an unacceptable patrol tactic and will not be condoned.
This policy shall not preclude officers from engaging in consensual contacts or offering assistance, such as
initiating contact upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be
ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed
actions and/or information received about the person.
SECTION 3 DEFINITIONS
A.
Bias based/racial profiling A law enforcement-initiated
race, ethnicity, national origin, sexual orientation, appearance, clothing/dress, or other elements rather
criminal activity.
Such profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior.
The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The
prohibition against bias based/racial profiling set forth by this policy does not preclude the use of such
elements when used as legitimate factors in a detention decision when used as part of an actual
description of a specific suspect for whom an officer is searching. Examples of profiling include but are
not limited to the following.
a.Citing a driver who is speeding in a stream of traffic where most other drivers are speeding
b.Detaining the driver of a vehicle based on the determination that a person of that race,
ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle.
c.Detaining an individual based upon bias based/racial profiling does not belong in a specific
part of town or a specific place.
d.A law enforcement agency can derive at two principles from the adoption of this definition of
profiling:
e.Police may not use stereotypes as factors in selecting whom to stop and search, though police
may use race in conjunction with other known factors of the suspect.
f.Law enforcement officers may not use racial, ethnic or other stereotypes as factors in selecting
whom to stop and search. Bias based/racial profiling is not relevant as it pertains to witnesses,
complainants or other citizen contacts.
B.
Race or EthnicityOf a particular decent, including Caucasian, African, Hispanic, Asian, Middle
Eastern, or Native American.
C.
Pedestrian StopAn interaction between a peace officer and an individual who is being detained
for the purpose of a criminal investigation in which the individual is not under arrest.
D.
Traffic StopA peace officer that stops a motor vehicle, for an illegal violation of a law or
ordinance regulating traffic.
E.
Officer Initiated Stop/ActivityA peace officer stops or initiates an activity based solely on his own
observations and initiative, not related to a dispatched call for service.
SECTION 4 TRAINING
A.
Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards
and Education (TCLEOSE) training requirements as mandated by law.
B.
All officers shall complete TCLEOSE training and education programs on racial profiling as
prescribed by TCLEOSE as part of their continuing education. Officers will additionally attend other in-
service training that is related to the core issue of racial profiling. The Support Services Sergeant will
maintain training records of those courses and recommend further training as it may be developed.
SECTION 5 COMPLAINT INVESTIGATION
A.
The Department shall accept complaints from any person who alleges he or she has been stopped or
searched based on racial, ethnic, national origin or other bias based/racial profiling. No person shall be
discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she
filed such a complaint.
B.
Any Officer who receives an allegation of bias based/racial profiling, to include the Officer making
the initial stop, shall direct the individual on how to contact the shift supervisor who will initiate the
complaint process.
C.
The complaint will be investigated in a timely manner.
D.
If the bias based/racial profiling complaint is sustained, it may result in appropriate corrective
and/or disciplinary action, up to and including indefinite suspension based on the nature of the sustained
allegation.
SECTION 6 PUBLIC EDUCATION
The Department will inform the public of its policy against bias based/racial profiling and the citizen complaint
process. Methods that may be utilized to inform the public include but are not limited to local newspapers, La
Porte
as appropriate in English and Spanish.
SECTION 7 CITATION DATA COLLECTION AND REPORTING
A.
An officer is required to collect information relating to traffic stops in which a citation is issued. On
the citation or designated form officers must include:
1.
2.Whether a search was conducted;
3.Was the search consensual, and
4. Was the violator arrested for this cited violation or any other violation.
st
B.
By March 1 of each year, the Department shall submit a report to the City Manager and City
Council that includes the information gathered by the citations during the preceding year. The report
will include:
a.A breakdown of citations by race and ethnicity;
b.Number of citations that resulted in a search;
c.Number of searches that were consensual, and
d.Number of citations that resulted in custodial arrest for this cited violation or any other
violation
SECTION 8 OFFICERS UTILIZING VIDEO AND AUDIO EQUIPMENT
A.
Any time an Officer of the Department makes a traffic or pedestrian stop, which is capable of being
recorded with audio-video equipment or with audio recording equipment (electronic recordings), the
stop shall be so recorded. If an officer makes any electronic recordings of a traffic or pedestrian stop,
which results in the issuance of a citation or an arrest, the Officer shall:
1. Insure that the required information in Section 7A is properly entered on the citation.
2. Complete the Pedestrian / Traffic Stop Record as required in Section 9, if appropriate.
B.
The Department shall retain all electronic recordings of each traffic and pedestrian stop for at least 90
days after the date of the stop. If a complaint is filed with the Department alleging an Officer has
engaged in bias based/racial profiling, then the Department shall retain any electronic recordings as
evidence of the stop until the final disposition of the complaint.
C.
Shift Supervisors shall ensure that Officers of this Department are making electronic recordings of
their traffic and pedestrian stops.
D.
If the Police vehicle is not fitted with equipment to make any electronic recordings of traffic or
pedestrian stops, or the equipment is malfunctioning or otherwise not operable at the time of the stop,
then the officer shall make a written record of the stop as required by Section 9 of this policy.
SECTION 9 OFFICERS MAKING PEDESTRIAN AND TRAFFIC STOPS WITHOUT VIDEO
/ AUDIO EQUIPMENT
A.
If an Officer stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or
stops a pedestrian for any suspected offense, but fails to make or is incapable of making any
electronic recordings of the stop, then the Officer shall record and report the following information
on the form designated as the Pedestrian / Traffic Stop Record. This form shall minimally require:
1.The activity number for the stop.
2.The date of the stop.
3.An indication whether the stop was Call Initiated or Officer Initiated.
4. An indication whether the person stopped is a resident or non-resident.
5. A physical description of each person detained as a result of the traffic stop, including:
to the best of his/her ability;
6. The street address or approximate location of the stop.
7. The suspected offense or traffic law or ordinance alleged to have been violated.
8. Whether the Officer conducted a search as a result of the stop and, if so, whether the person
detained consented to the search.
9. Whether probable cause to search existed and, if so, the fact(s) supporting the existence of that
probable cause.
10. Whether any contraband was discovered in the course of the search and, if so, the type of
contraband discovered.
11. Whether the Officer made an arrest as a result of the stop and/or search, and, if so, a
statement of the offense charged.
12. Whether the Officer issued a warning or a citation as a result of the stop and if so, a statement
of the offense charged.
B.
This Department shall compile and analyze the information contained in these individual reports.
st
Not later than March 1 of each year, this Department shall submit a report to the City Manager and
City Council containing the information compiled from the preceding year in a manner they
approve. This report shall include:
1.A comparative analysis of the information contained in the individual reports in order to:
a.Determine the prevalence of bias based/racial profiling by officers in this
Department; and
b.
Officers, including searches resulting from stops.
2.This report will not include identifying information about an Officer who makes a stop or
about an individual who is stopped or arrested by an Officer.
SECTION 10 SUPERVISORY REVIEWS
A.
Recordings are to be randomly reviewed to assist in periodic assessment of officer performance,
determine whether the recording equipment is being fully and properly used, and to identify material
that may be appropriate for training. Supervisors assigned to the Patrol and Traffic Division shall
conduct a minimum of two random reviews of recordings involving various officers under their
supervision every two weeks. The reviews shall be documented in the OSSI MOBV system, noting
the name of the reviewing supervisor, the date and time reviewed, and the unit number reviewed.
ns if appropriate
(commendations, corrective actions, etc) shall also be noted in the system.
B.
The Assistant Chief of the Patrol Bureau shall conduct an audit of the system the first part of each
month and shall verify that all appropriate supervisors are in compliance with this general order, and
ensure that the log is accurately completed. The Assistant Chief shall notify the Chief of Police no
th
later than the 10 day of each month of his findings.
SECTION 11 LIABILITY
Under the Code of Criminal Procedure Article 2.136 Liability, a Peace Officer is not liable for damage arising
from an act relating to the collecting or reporting of information as required under Article 2.133 and Article
2.134.
SECTION 12 EXEMPTION
Under the Code of Criminal Procedure Article 2.135 there is a provision that agencies using video and audio
equipment are not required to meet the requirements of Section 9 of this procedure.
Authority:
Kenith R. Adcox
Chief of Police
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Tim Tietjens Tim 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 sixth quarterly report. this item represents the sixth quarterly report.
Planning staff first addressed the immediate and then short term matrix for the first five reporting periods, and has Planning staff first addressed the immediate and then short term
matrix for the first five reporting periods, and has
been meeting bibeen meeting bi--weekly to ensure the project is on schedule. But because implementation activity has now been 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 Implementation 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 with comments Matrix graphically shows the degree of completion of each line item by
a color coded Gantt chart with comments
if applicable to that line item. if applicable to that line item.
During this reporting period, 5 additional items have been completed and During this reporting period, 5 additional items have been completed and During this reporting period, 5 additional
items have been completed and During this reporting period, 5 additional items have been completed and
progress was made on 4 more. Overall, all 31 items to be commenced in the immediateprogress was made on 4 more. Overall, all 31 items to be commenced in the immediate--priority list
are priority list are
now complete, and all 32 items in the shortnow complete, and all 32 items in the short--term priority list are now complete. In the long term term priority list are now complete. In
the long term
priority list, 10 of the 17 are now complete.priority list, 10 of the 17 are now complete.
The attached Audit Report consists of the originally approved narrative document that now also contains sixth The attached Audit Report consists of the originally approved narrative
document that now also contains sixth
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 five quarters are no longer highlighted, but are in achieved for that recommendation. (Those reported in the first five
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 Citys 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
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 22
I.Departmental Cohesiveness 26
J.Trust 28
Code Recommendations
K. Code Recommendations 29
Zoning Code 29
Development Ordinance 32
Other 34
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 complete and 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. Above and beyond the recommendations completed in this
report, additional utility attribute collection will continue on an ongoing basis for pipe
material, elevation, age, maintenance and replacement schedules, etc.
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
8 Planning Department Review Mueller Management/Ron Cox Consulting
replacements in the same location, do not require site plans or formal surveys. Utilize standard details
as a condition of approval (setting posts, attachment of runners and pickets, etc.). If a fence is on a
common property line, perhaps require consent from the neighbor to waive the site plan requirement.
As a further relaxation, the site plan requirement for new fences could also be waived with location
restrictions being issued as permit conditions.
The fence permitting process has been simplified by eliminating the requirement for a survey. In lieu
of a survey, staff is allowing the customer to submit plan grade information. This has been adopted
by departmental policy.
8.Upon issuance of the certificate of occupancy, paper inspection files should be purged. Maintaining
the paper copies of plan review comments, permits, and inspection results takes considerable staff time.
The content of these files is generally redundant to data that has been or should have been entered into
the NaviLine permit file.
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 th
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
attitu
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.
9 Planning Department Review Mueller Management/Ron Cox Consulting
The site plan meeting has been incorporated into the predevelopment applicant consultation meeting
to systematically include collection, compilation, and distribution of reviewers comments prior to
meeting with the applicant.
2.Establish appropriate review protocol between the Planning and Fire Departments. Evaluate need for
fire marshal to be involved with site plan review; consider whether or not one Fire Department
representative can handle all fire-related review comments. This will better define and possibly reduce
the number of people involved in the review process.
A meeting was held to discuss review protocol between the Planning and Fire Departments. It was
determined that representatives from both Fire Prevention and Fire Suppression Divisions must be in
attendance at the predevelopment applicant consultation meetings.
3.Develop and consistently use checklists for each reviewer. The contents of each checklist should be
unique to the items for which each reviewer is responsible and approved by the Planning Director.
Periodically update the checklists as new or recurring issues arise. The checklists can be provided
directly to the applicants in advance to better inform them of the requirements. Further the completed
checklists can also be provided to the applicants to eliminate the time and effort required to compile all
comments into one review letter.
The predevelopment applicant checklist will be provided to applicants during predevelopment
meetings and will contain website links to department specific applications, processes and
development criteria.
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.
10 Planning Department Review Mueller Management/Ron Cox Consulting
The goal is to complete the review of resubmitted plans within three (3) business days, but not to
exceed five (5) business days from the date of resubmittal. If the plan is not approved, written
communication will be provided to the applicant outlining the deficiencies. Once the plan is approved,
a signed copy of the plan will be returned to the applicant.
7.Establish and enforce a policy that additional comments will not be added on resubmittals. Exception:
when the applicant has made changes to the plans subsequent to the prior submittal.
A policy has been created disallowing additional comments on resubmittals, except when the
applicant has made changes to the plans subsequent to the prior submittal.
8.Research the ability of NaviLine to assign a project number using an HCAD parcel number (if NaviLine
tracking of site plans is continued). Currently, site plan applications cannot 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.
11 Planning Department Review Mueller Management/Ron Cox Consulting
13.Automate the generation of the final site plan approval letter sent to the applicant.
A step has been added in Naviline to ensure the site plan approval letter to the applicant is
automatically being generated.
14.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
12 Planning Department Review Mueller Management/Ron Cox Consulting
process to streamline the issuance of more routine permits to trade contractors would address several customer
concerns.
Recommendations
1.Investigate and implement the ability to allow permit applications to be completed and submitted
electronically with payments made on-line, over-the-phone by credit card, or with an escrow fund.
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
13 Planning Department Review Mueller Management/Ron Cox Consulting
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.
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.
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11.Adopt one consistent suite of building codes. Currently, a mixture of the International and Uniform
Building Codes are utilized for different trade specialties. From the c
suite of codes should be adopted and utilized.
E.Code Enforcement
Findings
Some customers report difficulty in ascertaining the status of service requests. Inefficient internal processes affect
the timeliness of data being available and add a redundant burden to the Inspection Services Technicians. From a
broader perspective, there are differing opinions as to the preferred focus of code enforcement efforts an even
distribution, or a focus on hot spots or repeat offenders.
Recommendations
1.Implement a method to allow the inspection notes/results to be transferred electronically to
NaviLine. Currently the notes are taken in the iPad, printed, and then input into NaviLine by the
Inspection Services Technicians.
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.
Staff is currently in the process of implementing ArcGIS online, which is a 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.
Real time representation of current code enforcement case status is not possible to display graphically
with our existing systems. Snap Shot status mapping will be produced and displayed monthly.
3.Conduct quarterly forums with citizens and homeowners groups. These forums can be utilized to
l attention by code enforcement and provide
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.
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Staff has analyzed the map and determined the areas of town to commence quarterly meetings with
the HOAs; anticipate kicking off HOA/neighborhood meetings by end of first quarter 2015.
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
16 Planning Department Review Mueller Management/Ron Cox Consulting
identified. This change would free up office staff time and allow inspection results to be posted much
more quickly, while not adding additional work for the inspectors.
Hardware and software to allow inspection notes to be transferred from the field to Naviline has been
included in the 2013-14 Budget.
5.Implement an on-line inspection request system that could interface directly with NaviLine to save
considerable staff time. The process of pulling inspection requests from the answering machine,
-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.
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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.
Utility mains constructed under a Utility Extension Agreement have been identified and selected from
the layer will not be published externally, it will be maintained and utilized for internal reference and
tracking purposes.
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.
Staff has identified publicly-dedicated rights-of-way that are subject to the future comprehensive
planning considerations thereby providing staff with a GIS-based layer to identify specific public
rights-of-way required for future city planning purposes.
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.
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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
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
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
tant.
(iii) (replacing) -
and storm sewer features as well as tracking of utility mains constructed under a
Utility Extension Agreement with the City. Creation of subdivision boundary and
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New GIS software applications 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
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
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
not hav
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.
20 Planning Department Review Mueller Management/Ron Cox Consulting
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
challenges
responding to City Council and customer inquiries.
Department welcomes the opportunity to achieve consensus with City Council regarding the
desired customer service philosophy as it relates to:
economic development
code interpretation
guidelines for City Council response to complaints
appropriate channels for communicating
methodology for presenting amendments to various codes and ordinances
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:
Planning Department Review Mueller Management/Ron Cox Consulting
21
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.
understandin
Inculcate an attitude of collaboration with citizens and customers, instead of power and control, to
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.
22 Planning Department Review Mueller Management/Ron Cox Consulting
4.Establish and enforce a culture of mutual respect between the City Council, Planning Commission,
staff, and customers.
i.lective
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
. As stated earlier, frank
discussions between City Council and staff should allow for the development of common
erstep 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
-ues.
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
st
1 Quarter 2015.
I.Departmental Cohesiveness
23 Planning Department Review Mueller Management/Ron Cox Consulting
Findings
There is an internal tension between the divisions of the department that may cause communication errors and
process difficulties. A lack of cohesion could easily translate to processes not functioning as efficiently as possible
and customers experiencing difficulty.
Recommendations
1.Change the name of the
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.
the overall mission and activity of the Department, as suggested by the consultant.
2.Establish one staff member, with a department-wide focus, responsible for shepherding applications
through all phases from inception to final acceptance. This person should be charged with
communicating all steps and prerequisite permits, for a particular project at the pre-development
meeting. This person should be empowered with the authority to make judgments (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
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
24 Planning Department Review Mueller Management/Ron Cox Consulting
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
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.
25 Planning Department Review Mueller Management/Ron Cox Consulting
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
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
26 Planning Department Review Mueller Management/Ron Cox Consulting
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)
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)
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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
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
native tree greater than six-inch diameter;
however, Section 106-802 allows removal of a protected tree as part of a building permit if the
tree is replaced with replacement trees. There is a conflict in this language as it appears all tree
removal is prohibited, but also allowed under certain conditions.
xix.106-835 Design Standards
This section including all related figures should be consolidated into the Public Improvements
Criteria Manual or a new Private Improvements Criteria Manual, as applicable. These moves will
consolidate technical criteria, allow easier updating as warranted by new conditions or
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:
28 Planning Department Review Mueller Management/Ron Cox Consulting
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.
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
29 Planning Department Review Mueller Management/Ron Cox Consulting
does not stipulate if the extension is automatically approved or if the Commission needs to act
to approve the request.
v.4.04 (D) Final Plats: Recordation and Construction of Public Improvements
The code states that an approved final plat expires after one year if a construction of the public
improvements has not commenced and upon written notice to the subdivider. This potentially
creates a gray area if the city fails to send the written notice. The final plat approval should
simply expire after one year without notice. Further, this section allows the subdivider to
request a one-year extension, but does not stipulate if the extension is automatically approved
or if the Commission needs to act to approve the request. Additionally, an alternative should be
provided to allow the subdivider to submit a performance bond for completion of the public
improvements if they wish to record the plat before the public improvements are completed.
vi.5.01 General Street Standards
Table 5-2 (Street Geometric Design Standards) should be moved to the Public Improvement
Criteria Manual.
vii.5.01 (J) Alleys
The City should consider the practice of continuing to allow new alleys to be platted. Based on
the prior complications and cost of maintaining alleys, the provision of alleys, at a minimum,
should be at the discretion of the City rather than the developer.
viii.5.04 Building Lines
The building line requirements in this section should be consolidated into the Zoning Ordinance
to avoid conflicts and the need to cross-reference multiple locations to find the same
information. Setbacks applicable to the ETJ should be specifically specified.
ix.10.00 Fees and Charges
The fee schedule should be pulled from this ordinance and combined with other city fees in a
consolidated fee ordinance that can be readily revised on an annual basis or as needed.
x.12.00 Open Space and Park Dedication
State laws regarding park dedication requirements have been updated subsequent to 1985
when the Development Ordinance was adopted. This section should be reviewed for
conformance with current law. Additionally, the fee in lieu of dedication should be removed
from this section and combined with other fees for easier updating as needed.
Anticipate 6-month duration to establish Planning Commission bylaws and rules of procedure to begin
st
1 Quarter 2015.
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.
30 Planning Department Review Mueller Management/Ron Cox Consulting
ii.Comprehensive Plan sidewalk requirements: Develop a specific list of streets to which the
sidewalk requirements apply and corresponding sidewalk criteria; place these requirements in
the Development Ordinance.
iii.Resolve questions about whether or not fill dirt permits should be required for projects involving
fewer than five loads.
iv.Establishing minimum finished floor elevations for infill development in the floodplain could be
accomplished with a pier and beam requirement rather than by utilizing dirt fill to minimize the
perception of run-off impacts on neighboring properties.
v.Several focus group members suggested the removal of the requirement for gates on dumpster
enclosures as being impractical ineffective.
vi.Staff has compiled a list of proposed ordinance updates based on recent experiences. This list
should be presented to the Commission for review and recommendation to City Council.
III. Conclusion
The consulting team believes implementation of these recommendations will move the City toward its goals of
improving the customer service responsiveness, efficiency, and effectiveness. We appreciate this opportunity to be of
service to the City and we are available for questions or additional engagements to assist with the implementation
phase.
31 Planning Department Review Mueller Management/Ron Cox Consulting
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 9, 2015February 9, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Bob Eng Bob Eng 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. Drainage Report1. Drainage Report
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Quarterly updates of active drainage projects for Council review. The update is attached as an exhibit. Staff will Quarterly updates of active drainage projects for Council review. The
update is attached as an exhibit. Staff will
be present to answer any questions that Council may have regarding the report.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
CITY COUNCIL DRAINAGE REPORT
February 09, 2015
Contract Design and Construction
F101 Channel Improvements by HCFCD. HCFCD is obtaining proposals from Engineering Consultants
to study and propose various routing options to convey the ultimate anticipated discharge across the
existing pipeline impediments in phases. Hydro-excavation to determine the width and depth available
to expand the channel across the pipeline corridor will be the initial step with design and construction
services to follow.
Third Street Drainage Improvements. Construction kick-off meeting held June 2014, with construction
currently underway. Contractor is at F Street with boxes and has completed concrete paving on both
sides of the street to F Street. The intersections from Fairmont to F Street are currently being
constructed. Construction will continue north of F Street in this similar manner.
F216 Channel Improvements Phase II. Survey and hydrologic and hydraulic study has been completed.
USCOE permit comments are requiring tree mitigation at 75% survivability and 5 year monitoring for
approval of environmental clearance documentation. Environmental Consultant to submit a proposed fee
schedule.
North P Street Culvert Extension. 100% plans in review. HCFCD has requested 20 feet of easement
from the City for a maintenance berm to be located on west side of ditch. Access to existing easement on
east side of the ditch is possible; however, this easement is inside existing homeowners fences. Metes
and bounds for a west side easement to HCFCD to be procured. Project funded to $85,000.
LPHS Ditch between G Street and Park Street. Plans to enclose the ditch for the renovation of La Porte
High School have been submitted. Drainage analysis report to size a box storm drainage system has
been determined by LJA and based on this study, Arborleaf Engineering has designed the culvert.
(Funded by LPISD Bond Program).
In-House Design and Construction of City-Initiated Projects
Ultimate D Street Ditch Ultimate tie-in to the regional detention pond to be bid and constructed by
March 2015.
900 Block of Kansas to H Street. Storm sewer will be placed between sidewalk and roadway with area
drains to address localized flooding.
Browning Street and W. D Street Drainage Improvements. Ditch regrading and improvements are being
proposed to alleviate ponding and improve drainage in these areas.
In-House Drainage Maintenance Activities
D Street Ditch Slope Paving from 8th Street to SH 146. Construction has begun and anticipated to be
completed by the end of February 2015.
Routine Ditch Maintenance. Continue concentrating on the northeast side of the City.
Administrative Projects
ermit. Approval of COLP MS4 permit
application accepted by TECQ. Notice published for inspection and comments from the public.
Council Agenda Item Council Agenda Item
February 9, 2015 February 9, 2015
10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community
11.COUNCIL COMMENTSCOUNCIL COMMENTS
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 Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen,
Martin, Moser and Mayor RigbyMartin, Moser and Mayor Rigby
12.EXECUTIVE SESSIONEXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code, in accordance with the authority contained in:Code, in accordance with the authority contained in:
Deliberation concerning the appointment, Deliberation concerning the appointment, Deliberation concerning the appointment, Deliberation concerning the appointment,
Texas Government Code, Section 551.074Texas Government Code, Section 551.074Texas Government Code, Section 551.074Texas Government Code, Section 551.074
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee:
Patrice Fogarty, City Secretary and Corby Alexander, City Manager.Patrice Fogarty, City Secretary and Corby Alexander, City Manager.
Consultations with Attorney regarding pending Consultations with Attorney regarding pending
Texas Government Code, Section 551.071(1)(a)Texas Government Code, Section 551.071(1)(a)
or contemplated Litigation or contemplated Litigation Meet with City Attorney to discuss contract with 65 La Porte, Ltd.Meet with City Attorney to discuss contract with 65 La Porte,
Ltd.
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
13.RECONVENERECONVENE
session.session.
14.ADJOURNADJOURN
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Council Agenda Item Council Agenda Item
February 9, 2015 February 9, 2015
14.ADJOURNADJOURN
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