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HomeMy WebLinkAbout02-23-15 Regular Meeting of La Porte City Council 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES Public Hearing to receive comments regarding recommendations by the La Porte Planning Public Hearing to receive comments regarding recommendations by the La Porte Planning (a) and Zoning Commission to approve Special Conditional Use Permit Request #14and Zoning Commission to approve Special Conditional Use Permit Request #14-91000003, to allow construction of an offto allow construction of an off––site parking lot at the southeast corner of S. 16th Street and W. site parking lot at the southeast corner of S. 16th Street and W. C Street in a General Commercial (GC) District C Street in a General Commercial (GC) District -- E. Ensey E. Ensey Consider approval or other action regarding Special Conditional Use Permit Request #14Consider approval or other action regarding Special Conditional Use Permit Request #14- (b) 91000003, for the purpose of developing an off91000003, for the purpose of developing an off––site parking lot for Medders Construction at site parking lot for Medders Construction at the southeast corner of S. 16th Street and W. C Street in a General Commercial (GC) the southeast corner of S. 16th Street and W. C Street in a General Commercial (GC) District District -- E. Ensey E. Ensey 8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION Discussion or other action regarding the 3rd Street Paving Project Discussion or other action regarding the 3rd Street Paving Project -- Councilmembers Councilmembers (a) Zemanek, Earp and KaminskiZemanek, Earp and Kaminski Discussion or other action regarding furnishing effluent water to Enterprise Products Discussion or other action regarding furnishing effluent water to Enterprise Products - C. (b) AlexanderAlexander 9.REPORTSREPORTS Receive report of the La Porte Development Corporation Board Receive report of the La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS La Porte Development Corporation Board Meeting, Monday, March 9, 2015La Porte Development Corporation Board Meeting, Monday, March 9, 2015 • City Council Meeting, Monday, March 9, 2015City Council Meeting, Monday, March 9, 2015 • City Council Meeting, Monday, March 23, 2015City Council Meeting, Monday, March 23, 2015 • Planning and Zoning Commission Meeting, Thursday, March 19, 2015Planning and Zoning Commission Meeting, Thursday, March 19, 2015 • Zoning Board of Adjustment Meeting, Thursday, March 26, 2015Zoning Board of Adjustment Meeting, Thursday, March 26, 2015 • Citizens Forum on Code Enforcement for the Northside Neighborhood, Tuesday, March 31, Citizens Forum on Code Enforcement for the Northside Neighborhood, Tuesday, March 31, • 20152015 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 Zemanek, Leonard, Engelken, Earp, Clausen, Martin, Moser, Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen, Martin, Moser, Kaminski and Mayor RigbyKaminski 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 ManagerPatrice Fogarty, City Secretary and Corby Alexander, City Manager 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 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 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 (the Texas open meetings laws).Code (the Texas open meetings laws). 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 23, 2015, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the February 23, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on February 17, 2015.Hall bulletin board on February 17, 2015. Council Agenda Item Council Agenda Item February 23, 2015 February 23, 2015 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Dee Spears, Fairmont Park Church.The invocation will be given by Dee Spears, Fairmont Park Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember John The Pledge of Allegiance will be led by Councilmember John 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE Zemanek.Zemanek.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Recognitions Recognitions -- Citizens Certificate of Merit  Citizens Certificate of Merit -- Mayor Rigby Mayor Rigby (a) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** 01/28/2015 To: From: John Krueger (Sgt. LPPD) Re: Recommendation for citizen recognition To whom it may concern: th On January 24, the La Porte community experienced the unfortunate loss of life as a result of a motor vehicle accident along Fairmont Parkway. However, among the devastation, there were acts of bravery and heroism for which both I and LPPD Reconstructionist Officer Bennie Boles hereby make a formal request for recognition. Details are as follows: On January 24 th, 2015, a severe motor vehicle accident occurred at around 10 a.m., near the intersection of Fairmont Parkway at Canada Rd. which ultimately resulted in the death of one of the vehicle drivers. Nevertheless, it should be recognized that, in the immediate aftermath of the crash, one of the vehicles involved caught fire near the trunk area due to a ruptured fuel system. Contract construction workers aiding Sonoco service station staff near the intersection witnessed the event and immediately took action. The following eight men, Javier Hernandez; Jonathan Ruiz; Cristian Garcia; Elias Hernandez; Jose Hernandez; Justin Martinez; and Richard Cantu each secured fire extinguishers from the Sonoco job site and rushed to the vehicle to smother the fire. At the same time, their co-worker Carlos Moreno looked inside of the vehicle and observed a 4 year-old boy secured in a safety seat, yet pinned inside of the vehicle. As the eight brave men extinguished the fire, Moreno extracted the boy without any concern for his own personal safety. Had the nine men hesitated, or failed to act, the burning vehicle certainly would have evolved into a major fire, and, worse, the 4 year old boy would have lost his life. It is for this reason that these brave men are receiving the Citizens Certificate of Merit. Sincerely, John Krueger Sergeant La Porte Police Department Steve Gillett, 2601 S. Broadway #27, addressed Council in regards to the Industrial Waste surcharge fee and advised the surcharge is not a tax to generate revenue but to ensure compliance with the ordinance and an incentive to reduce grease and oil in the collection and treatment system. Mr. Gillett informed the city is currently under an administrative order with Texas Commission on Environmental Quality (TCEQ) to reduce overflow and to have an Industrial Waste Ordinance. In addition, Mr. Gillett advised the Waste Water Treatment Plant will be affected due to the design criteria being a 200 Biological Oxygen Demand (BOD). Steve Coycault, Sr., 4315 Maidenhead Dr., addressed Council and asked them to consider freezing City taxes for the disabled and seniors 65 and older. Russell Ybarra, 2601 Underwood (Gringo’s Mexican Kitchen), addressed Council and advised the City of La Porte is the only city that classifies a restaurant as an industrial user and requested the City to consider reducing the surcharge by 50% and require all food establishments to mandate a quarterly grease pumping. Mr. Ybarra also informed he doesn’t feel the ordinance is fair to include restaurants and nursing homes but not the school district. 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 26, 2015 – P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute a contract with Port of Houston Authority for the provision of emergency medical services by the City of La Porte EMS for Barbour’s Cut Terminal – P. Fogarty (c) 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 $175,000.00 – D. Mick (d) Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015 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 through HGAC – D. Mick (e) Consider approval or other action regarding Ordinance 2007-IDA-141, authorizing execution of an Industrial District Agreement between the City of La Porte and Almondwater LLC. – K. Powell (f) Consider approval or other action authorizing the Mayor to execute a Water Service Agreement and a Sanitary Service Agreement with Almondwater LLC. – T. Tietjens Regarding Item c, Councilmember Earp questioned how much was actually billed on the last contract and if they are required to obtain a new bond. Public Works Director Dave Mick responded $182,000 into the contingency and, yes, they are required to get new bonds. Regarding Item d, Councilmember Martin questioned if the gator ATV truck is a new vehicle. Mr. Mick responded yes. 28 Page of February 9, 2015, Council Meeting Minutes Councilmember Engelken moved to approve the Consent Agenda pursuant to staff MOTION PASSED. recommendations. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Moser, Leonard, Engelken, Martin, Kaminski and Earp Nays: None Absent: None Ordinance 2015-3569: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ALMONDWATER LLC., A TEXAS CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendations by the Planning and Zoning Commission to approve Rezone Request #14-9200000, rezoning property from split Low Density Residential (R-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 Canada Road – E. Ensey The public hearing was opened at 6:40 p.m. City Planner Eric Ensey presented a summary. Councilmember Earp questioned how has the developer agreed to work with the property owners at 3203 Canada Road to mitigate their concerns. Mr. Ensey responded the city will review the site plans and ensure the developer is in compliance with the code provisions which are property owner concerns. There being no input from the public, the public hearing closed at 6:43 p.m. (b) Consider approval or other action regarding an Ordinance amending Chapter 106 Zoning of the Code of Ordinances of the City of La Porte by changing the zoning classification from split Low Density Residential (R-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 Canada Road – E. Ensey Councilmember Engelken moved to approve 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 Commercial (GC) to exclusively General Commercial (GC) for a 1.6611 tract of land located at the southeast corner of Spencer Highway and Canada Road. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken, Kaminski, Moser, Leonard, Earp and Martin Nays: None Absent: None Ordinance 2015-3570: Prior to council action, Assistant City Attorney Clark Askins read the caption of 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 COMMERCIAL (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. 38 Page of February 9, 2015, Council Meeting Minutes 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding a request by Boone Exploration, Inc., for relief from 300’ distance requirement from any dwelling or water well for a proposed Geophysical Mineral Exploration and Testing Permit – T. Tietjens Planning and Development Director Tim Tietjens presented a summary; and Hoyt O’Neal with Boone Exploration and Hal Bozeman with Etoco, L.P., provided a presentation. Councilmember Earp questioned would there be any damages from testing. Mr. O’Neal advised it is very minimal – maybe cause some potholes – but no broken slabs. Councilmember Earp commented it seems like a lot of risk. Councilmember Zemanek questioned which company was requesting the proposed Geophysical Mineral Exploration and Testing Permit and for what reason. Mr. O’Neal responded Boone Exploration is contracted to conduct the seismic survey through Etoco L.P.; and they are exploring their mineral options. Councilmember Zemanek asked if the company has any idea which streets will be tested in the Lomax area. Mr. O’Neal responded no, the company is in the early stages and is trying to get the buffers reduced. Mr. O’Neal also advised the company can adjust accordingly to whatever needs to be done. Councilmember Clausen questioned if the testing is conducted on streets. Mr. O’Neal responded yes, they try to stick to the main roads to avoid tearing up yards. Councilmember Martin questioned the type of minerals the company is trying to find. Mr. O’Neal responded once the data is set, it will be sent to the processor to determine if there is oil or natural gas. Councilmember Martin then questioned at what depth will the reservoirs be determined. Mr. O’Neal responded up to 18,000 feet, depending on the shot points and locations. Councilmember Martin asked what type of drilling will take place. Hal Bozeman, Land Manager with Etoco, L.P., advised the type of drilling is determined by the seismic testing; and 2-3 acres are needed for drilling, and 1 acre for the production site. Hoyt O’Neal advised they are in the early stages; and if drilling were to take place, it will be 6-9 months later. Brady Payne with VibraTech advised they will be with Boone Exploration during the surveying to keep them in the safe zone. Councilmember Zemanek commented he wants to protect the homeowners and is against the entire process. Mayor Rigby questioned if a survey was conducted 30 years ago, can a new survey show changes today. Mr. O’Neal responded the technology has changed since then and line spacing could have been off and today it is a more precise technology. Councilmember Earp moved to deny relief from the 300-foot distance requirement from any dwelling or water well for a proposed Geophysical Mineral Exploration and Testing Permit. MOTION PASSED. Councilmember Engelken seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken, Kaminski, Moser, Leonard, Earp and Martin Nays: None Absent: None 48 Page of February 9, 2015, Council Meeting Minutes (b) Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance (This item was tabled at the January 12, 2015 meeting) – D. Mick Public Works Director Dave Mick presented a summary. Councilmember Zemanek requested a breakdown for the program's approximate cost of $95,000 a year. Public Works Director Dave Mick responded it is approximately $82,000 in salary and benefits. Councilmember Zemanek asked what other cities are doing. Mr. Mick responded he does not know if other cities have a requirement like the City of La Porte for significant industrial users that is not a mandate from Texas Commission on Environmental Quality (TCEQ). Mr. Mick advised the user group is prompting the cost of the program. Councilmember Zemanek asked if Mr. Mick still thinks that reducing the formula by 50% will satisfy the requirements. Public Works Director Dave Mick responded he does not have a problem reducing the formula by 50%. Councilmember Zemanek asked if the City requires restaurants to pump their grease traps on a regular basis. Mr. Mick responded yes, but they are not required to pump the grease traps four times a year. Councilmember Zemanek asked if Mr. Ybarra emptied his grease traps more than quarterly will alleviate his situation of a high surcharge. Mr. Mick responded he recalls Mr. Ybarra's cost issue being a biological oxygen demand (BOD) loading issue and not a grease issue. Councilmember Clausen asked if the City required everyone to pump grease traps quarterly, as suggested by Mr. Ybarra, will it reduce the total BOD going to the Waste Water Treatment Plant. Mr. Mick responded he is not sure because more than 2/3 of the restaurants are pumping grease traps quarterly. Councilmember Leonard commented he does not believe the current penalty fee is fair and taking a measurement once a year is not an accurate picture of what a business is doing and the amount of waste that is going through the system. Councilmember Leonard then suggested to reduce the cost and put into effect a structure for testing and pumping grease traps. Councilmember Engelken commented it will be a good idea to have Staff validate all of the situations and see what other cities are doing and take more time to evaluate the scope. Councilmember Martin commented he would like more information on the effect of reducing the surcharge fee will have on the current system before making a decision. Councilmember Moser questioned if grease actually is the cause for a high BOD. Public Works Director Dave Mick responded liquids without grease going down a drain can still have a high BOD. Councilmember Moser commented there are a lot of questions to be answered before he can make a decision. Councilmember Earp asked if there is an impact on the water system at this time with everything that is going to the Waste Water Treatment Plant. Mr. Mike responded yes, and the BOD loading rates have been going down in the last few years and may be contributed to the current ordinance. Councilmember Zemanek asked if the City is near capacity at the Waste Water Treatment Plant. Mr. Mick responded no. Mayor Rigby advised City Council the item was placed on the agenda for discussion and to give Staff direction for a future meeting and not to change the existing ordinance. Mayor Rigby asked if any change for the restaurants will also apply to truck washes. Mr. Mick responded it would apply to industrial users and not 'significant industrial users' which truck washes fall under. Mayor Rigby asked Mr. Mick if he recalls when the item was first discussed and during Industrial Waste Inspector Pam Kroupa’s comments regarding Gringo’s Kitchen, she advised when the surcharges were issued, she advised the charges could be lowered if recommendations were undertaken by the restaurant. Ms. Kroupa advised the manager informed her they would pay the surcharges. Mr. Mick responded no corrective action has been taken, and he does recall the conversation. Mayor Rigby asked if the testing the City does is conducted by a contractor. Mr. Mick responded yes the testing 58 Page of February 9, 2015, Council Meeting Minutes is done by a vendor. Mayor Rigby advised cost information for increasing the number of times testing should be done a year needs to be available the next time discussed. Mayor Rigby commented the concern is if the surcharge is reduced or eliminated, will the treatment plant be at risk in the future. Mr. Mick responded it is possible; but future tests results would have to be compared to previous test results in order to make the determination. Mayor Rigby asked if the surcharges were reduced and BOD’s continue to rise and concern TCEQ, how easy it will be for the City to revert back to the original program. Mr. Mick responded the City would have enough information from the test results to justify going back to the old rates. Councilmember Engelken moved to postpone the item pending additional information from Staff on MOTION PASSED. recommendations moving forward. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken, Kaminski, Moser, Leonard, Earp and Martin Nays: None Absent: None 9. Reports (a) Receive report of La Porte Development Corporation Boar – Councilmember Engelken Councilmember Engelken provided a report from the La Porte Development Corporation Board meeting held prior to this meeting and advised the next meeting will be held on February 23, 2015. (b) Receive 2014 City of La Porte Police Department Racial Profiling Report – K. Adcox Police Chief Ken Adcox provided the City of La Porte Police Department Racial Profiling Report and advised there were no complaints of racial profiling. Councilmember Zemanek commented the City of La Porte Police Department is doing an excellent job. There were no questions. (c) Receive Planning Department Audit Report – T. Tietjens Planning and Development Director Tim Tietjens provided a report and informed all immediate and short term goals are done and 10 of 17 long term goals are done. Councilmember Martin asked if any of the quarterly forums with citizens and homeowners groups have been conducted. Planning and Development Director Tim Tietjens advised a map has been generated for code enforcement, and the first quarterly meeting will be held in March. Councilmember Martin requested City Council receive a copy of the Code Enforcement Map. Mr. Tietjens advised he will send it in the next couple of days. (d) Receive Drainage Report – B. Eng City Engineer/Inspection Service Manager Bob Eng was present to accept questions. Councilmember Moser questioned the delay on the D Street Connector. Mr. Eng informed it is being advertised and then a pre-bid meeting will be held. Councilmember Martin asked when was the last time the Drainage Committee met. Mr. Eng responded not since he became employed at the City; and he will get with the City Secretary’s Office to set up a meeting if the committee would like to meet. 10. ADMINISTRATIVE REPORTS There were no Administrative Reports 68 Page of February 9, 2015, Council Meeting Minutes 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. Councilmembers Kaminski, Leonard, Earp, and Clausen congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; Councilmember Zemanek congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; reminded everyone of the Soul Food Cook-Off this coming Friday and congratulated Councilmember Earp on the birth of his first grandchild; Councilmember Engelken congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement, and also congratulated Councilmember Earp on the birth of his first grandchild; Councilmember Martin congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; thanked Staff for their presentations tonight and reminded everyone of Valentine’s Day this coming Saturday; Councilmember Moser congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement and reminded everyone of the Soul Food Cook-Off this coming Friday; and Mayor Rigby recognized retired Reserve Officers, Pat O’Connor; Johnny Land and retired Police Officer Donna O’Connor at the meeting; recognized Charlene Fox, Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; and advised City Manager Corby Alexander and Finance Director Michael Dolby have been looking at into the seniors' tax freeze; and Council is waiting on the legislative session and not ignoring the issue. 12. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Patrice Fogarty, City Secretary and Corby Alexander, City Manager. Texas Government Code, Section 551.071 (1) (A) – Consultation with City Attorney: Pending or Contemplated Litigation – Meet with City Attorney to discuss contract with 65 La Porte, Ltd. City Council recessed the regular Council meeting to convene an executive session at 8:12 p.m. to meet with the City Attorney and then with Patrice Fogarty, City Secretary, and Corby Alexander, City Manager. 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 9:03 p.m. Regarding the executive session pertaining to Section 551.074, for the deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Patrice Fogarty, City Secretary and Corby Alexander, City Manager, Mayor Rigby advised there were discrepancies on the evaluation number totals that need to be remedied before meeting for the evaluations. Regarding the executive session pertaining to Section 551.071 (1) (A) – Consultation with City Attorney: Pending or Contemplated Litigation – Meet with City Attorney to discuss contract with 65 La Porte, Ltd. 78 Page of February 9, 2015, Council Meeting Minutes Councilmember Engelken moved to direct Assistant City Attorney Clark Askins to send a demand letter requiring 65 La Porte, Ltd., to meet the requirements of the memorandum of understanding. MOTION PASSED. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Martin, Clausen, Kaminski, Engelken, Zemanek, and Earp Nays: None Absent: None 14. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 9:05 p.m. _______________________________ Patrice Fogarty, City Secretary Passed and approved on February 23, 2015. ________________________________ Mayor Louis R. Rigby 88 Page of February 9, 2015, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Patrice Fogarty Patrice Fogarty Source of Funds:Source of Funds: Requested By: N/A N/A City Secretary's Office City Secretary's Office Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. TML White Paper1. TML White Paper 2. Language of SB 3432. Language of SB 343 3. TML Letter to Senator Huffines3. TML Letter to Senator Huffines 4. Resolution in opposition to SB 3434. Resolution in opposition to SB 343 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Regarding the current legislative session, Senator Don Huffines (Dallas area) filed Senate Bill 343.  Senate Bill Regarding the current legislative session, Senator Don Huffines (Dallas area) filed Senate Bill 343.  Senate Bill 343 would have the effect of turning home rule cities into general law cities.  343 would have the effect of turning home rule cities into general law cities.  This bill absolutely erodes the powers of a home rule municipality to adopt ordinances affecting the City's ability to This bill absolutely erodes the powers of a home rule municipality to adopt ordinances affecting the City's ability to govern its citizens.  Under the bill, city voters and locallygovern its citizens.  Under the bill, city voters and locally--elected officials would have to get the state legislature's elected officials would have to get the state legislature's permission to enact any local ordinance, rule, or regulation.permission to enact any local ordinance, rule, or regulation. The Texas Municipal League has written to Senator Huffines and also published a white paper regarding this bill.  The Texas Municipal League has written to Senator Huffines and also published a white paper regarding this bill.  Both are attached for review.  Both are attached for review.  Should Council adopt this Resolution, a copy will be sent to all elected representatives for the City and to Senator Should Council adopt this Resolution, a copy will be sent to all elected representatives for the City and to Senator Should Council adopt this Resolution, a copy will be sent to all elected representatives for the City and to Senator Should Council adopt this Resolution, a copy will be sent to all elected representatives for the City and to Senator Huffines. Action Required of Council:Action Required of Council: Consider approval or other action of a Resolution opposing Senate Bill 343.  Consider approval or other action of a Resolution opposing Senate Bill 343.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate S.B. 343 Abolish Local Control. Centralize Power in Austin. Just like New York. S.B. 343 would totally upend the relationship between Texas cities and state government, making Texas like the State of New York. City voters and locally- elected ordinance. In 1868, a federal judge named Dillon issued a ruling that cities can do only what their state government expressly authorizes them to do. The State of New York follows Rule, and the way to go and in 1912 adopted a constitutional amendment affirming local decision making. The Texas Constitution (in Article XI, Section 5) authorizes cities over 5,000 population to adopt by election a home rule charter. The charter grants the citizens of that city the power of self- government. Over 350 Texas cities have done so. S.B. 343 would make Texas revert to the rule created in 1868 federal court decision and provide that a city may not enact an ordinance relating to anything governed by state law, unless expressly authorized to do so. - would be another step in the centralization and consolidation of government power. City councils often step up to the plate to protect the property values, the quality of life, and even save the lives, of Texans. In many cases, cities have to make decisions at the neighborhood level and not every neighborhood in a state of 26 million people is the same. That is why Texans recognize there is a proper role for state government and a role for local government. S.B. 343 would abolish Home Rule cities and end local control If you like the way New York operates, this is the bill for you By: Huffines S.B. No. 343 A BILL TO BE ENTITLED AN ACT relating to the conformity of local law with state law. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.Chapter 1, Local Government Code, is amended by adding Section 1.006 to read as follows: Sec.1.006. CONFORMITY WITH STATE LAW. (a) Where the state has passed a general statute or rule regulating a subject, a local government shall restrict its jurisdiction and the passage of its ordinances, rules, and regulations to and in conformity with the state statute or rule on the same subject, unless the local government is otherwise expressly authorized by statute. (b) Unless expressly authorized by state statute, a local government shall not implement an ordinance, rule, or regulation that conflicts with or is more stringent than a state statute or rule regardless of when the state statute or rule takes effect. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 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. Proposed Pipeline Easement to Dow 1. Proposed Pipeline Easement to Dow Hydrocarbons & Resources, LLC.Hydrocarbons & Resources, LLC. 2. Area Map2. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Dow Hydrocarbons and Resources, LLC has approached the City to acquire an easement for future construction Dow Hydrocarbons and Resources, LLC has approached the City to acquire an easement for future construction of a 12”Ethane Pipeline.  Upon approval, the easement will be conveyed from two CityEthane Pipeline.  Upon approval, the easement will be conveyed from two City--owned tracts located owned tracts located between the Union Pacific Railroad Rightbetween the Union Pacific Railroad Right--ofof--Way and the CityWay and the City’’s Public Works and Fire Training facilities (see s Public Works and Fire Training facilities (see Area Map).  The proposed easement is 30 feet in width and located within an existing 120Area Map).  The proposed easement is 30 feet in width and located within an existing 120’’Houston Lighting & Houston Lighting & Power Company Easement containing 11 other existing pipelines.Power Company Easement containing 11 other existing pipelines.  The company has offered the City a purchase price of $500 per rod for the subject easement.  Based on a recent  The company has offered the City a purchase price of $500 per rod for the subject easement.  Based on a recent appraisal for the pipeline easement, Staff has determined that Dowappraisal for the pipeline easement, Staff has determined that Dow’’s offer reflects fair market value of the s offer reflects fair market value of the easement as proposed.  Payment for the easement has been received from Dow in the amount of $32,555.00 easement as proposed.  Payment for the easement has been received from Dow in the amount of $32,555.00 pending final approval by City Council.pending final approval by City Council.  At this time, Dow Hydrocarbons and Resources, LLC desires to obtain only the pipeline easement from the City  At this time, Dow Hydrocarbons and Resources, LLC desires to obtain only the pipeline easement from the City and will make application for a pipeline permit from the City at a future date.and will make application for a pipeline permit from the City at a future date. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City to convey a 30Consider approval or other action authorizing the City to convey a 30’’wide easement to Dow Hydrocarbons and wide easement to Dow Hydrocarbons and Resources, LLC for future construction of a 12Resources, LLC for future construction of a 12””Ethane Pipeline.Ethane Pipeline. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate (Signature) (Typed or Printed Name) Doyle & Wachtstetter, Inc Surveying and Mapping • GPS/GIS DOW HYDROCARBONS & RESOURCES LLC 0.42ACRE SURFACE EASEMENT OUT OF THE R. PEARSALL SURVEY, ABSTRACT 625 HARRISCOUNTY, TEXAS ALL THAT CERTAIN 0.42ACRE tract of land and being the centerline description of a 30 foot permanent easement lying and situated in HarrisCounty, Texas and being out of the R. Pearsall Survey, Abstract No. 625 Harris County, Texas, and theherein described 0.42acre surface easementis more particularly out of a called 18.378 tract conveyed to City of La Porte recorded in Clerks File Number G-092634 of the Harris County Official Records, Texas, the herein described 0.42acre surface easement hereby conveyed being more particularly described by metes and bounds using survey terminology which refers to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Lambert grid bearings and the distances are surface level horizontal lengths (S.F.= 1.000129918) as follows: COMMENCING atthe southeast corner of the said called 18.378acre tract as recorded in Clerks File Number G-092634of theOfficial Records ofHarris County, Texas,said Point of Commencement being located at Texas State Plane Coordinate position X=3226058.43 and Y=13811477.23; THENCE South 86°54’57”Westalong the southerlyline of said 18.378acre tract a distance of 83.82feet to the PLACE OF BEGINNING of herein describedeasement at position X=3225974.73 and Y=13811472.72; THENCE North 03°02’22”West, alone the centerline of herein described 30foot permanent easementa distance of TERMINAL POINT 616.17feet to of herein described easement and being located at Texas State Plane Coordinate position X=3225942.06and Y=13812088.02, said terminal point also being located South 86°54’57”West, 82.76feet from said northeast corner of said called 18.378acre tract; This centerline description contains 37.34rods, more or less. ___ Registered Professional Land Surveyor Texas Registered Number 4808 August 11, 2014, This description is based on a survey on file in the office of Doyle & Wachtstetter, Inc. Legal\\terry\\Dow Pipeline-Tx-Gv-msr-290.00Acre Surface Easement.doc 131 Commerce Street Clute, Texas 77531-5601 Phone: 979-265-3622 Fax: 979-265-9940 Email: DW-Surveyor.com Doyle & Wachtstetter, Inc Surveying and Mapping • GPS/GIS DOW HYDROCARBONS & RESOURCES LLC 0.32 ACRE SURFACE EASEMENT OUT OF THE R. PEARSALL SURVEY, ABSTRACT 625 HARRISCOUNTY, TEXAS ALL THAT CERTAIN 0.32ACRE tract of land and being the centerline description of a 30 foot permanent easement lying and situated in HarrisCounty, Texas and being out of the R. Pearsall Survey, Abstract No. 625 Harris County, Texas, and theherein described 0.32acre surface easementis more particularly out of a called 8.072 tract conveyed to City of La Porte recorded in Clerks File Number K-867743of the Harris County OfficialRecords, Texas, the herein described 0.32 acre surface easement hereby conveyed being more particularly described by metes and bounds using survey terminology which refers to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Lambert grid bearings and the distances are surface level horizontal lengths (S.F.= 1.000129918) as follows: COMMENCING atthe southeast corner of the said called 8.072acre tract as recorded in Clerks File Number G-092634of theOfficial Records ofHarris County, Texas,said Point of Commencement being located at Texas State Plane Coordinate position X=3226025.30 and Y=13812093.39; THENCE South 86°54’58”Westalong the southerlyline of said 8.072acre tract a distance of 83.41feet to the PLACE OF BEGINNING of herein described easement at position X=3225942.02 and Y=13812088.91; THENCE North 03°02’22”West, alone the centerline of herein described 30foot permanent easementa distanceof TERMINAL POINT 458.27feet to of herein described easement and being located at Texas State Plane Coordinate position X=3225917.72and Y=13812546.53, said terminal point also being located South 86°54’58”West, 83.05feet from said northeast corner of said called 8.072acre tract; This centerline description contains 27.77rods, more or less. ___ Registered Professional Land Surveyor Texas Registered Number 4808 August 11, 2014, This description is based on a survey on file in the office of Doyle & Wachtstetter, Inc. Legal\\terry\\Dow Pipeline-Tx-Gv-msr-292.00Acre Surface Easement.doc 131 Commerce Street Clute, Texas 77531-5601 Phone: 979-265-3622 Fax: 979-265-9940 Email: DW-Surveyor.com AREA MAP LOCATION OF PROP. PIPELINE EASEMENT N D ST FIRE TRAINING FACILITY N C ST PUBLIC WORKS FACILITY POLICE DEPT. / EOC MUNIPAL COURT T W MAIN S SPE NCER HWY Legend PIPELINE (EXISTING) 1 inch = 500 feet CITY PROPERTY REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: General General Alex Osmond Alex Osmond Source of Funds:Source of Funds: Requested By: 00160495512007 00160495512007 Golf Course Golf Course Account Number:Account Number: Department: 71,000 71,000 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 65,000 65,000 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Helena Contract Information1. Helena Contract Information 2. BuyBoard Pricing2. BuyBoard Pricing SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The contract for Chemicals and Fertilizer for the Golf Course expired January 31, 2015. Staff recommends the The contract for Chemicals and Fertilizer for the Golf Course expired January 31, 2015. Staff recommends the utilization of BuyBoard contract 447utilization of BuyBoard contract 447--14 with Helena Chemical for the purchase of Chemicals and Fertilizers.14 with Helena Chemical for the purchase of Chemicals and Fertilizers.  The contract includes Insecticides, Herbicides, Fungicides and Fertilizers needed to maintain the Golf Course. The contract includes Insecticides, Herbicides, Fungicides and Fertilizers needed to maintain the Golf Course. The City has received good product as well as good customer service from Helena in the past. The City has received good product as well as good customer service from Helena in the past.  Compared to the last contract bid out in 2013, the current BuyBoard price is less than a 2% increase. The Compared to the last contract bid out in 2013, the current BuyBoard price is less than a 2% increase. The estimated expenditure for this contract is $65,000. The BuyBoard contract is in effect until May 31, estimated expenditure for this contract is $65,000. The BuyBoard contract is in effect until May 31, 2017.                     Action Required of Council:Action Required of Council: Consider approval or other action to authorize the purchase of chemicals and fertilizers from Helena Chemical Consider approval or other action to authorize the purchase of chemicals and fertilizers from Helena Chemical utilizing BuyBoard contract 447utilizing BuyBoard contract 447--14.14. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate .ǒǤ .ƚğƩķ tƩźĭźƓŭ {ĻĭƷźƚƓ L LƓƭĻĭƷźĭźķĻƭ LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ .ƚğƩķ ƓźƷ bƚ͵ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Acephate 1 lb. bags 5 Bag 10.74/lb WSB Item 2 Chipco Top Choice 50 lb. bags 100 Bag 2.50/lb Item 3 Sevin SL 2.5 gal 2 Containers 34.00/gal container {ĻĭƷźƚƓ LL IĻƩĬźĭźķĻƭ LƷĻƒ bƚ͵ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ .ƚğƩķ ƓźƷ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Target MSMA 2.5 gal 12 Containers 24.38/gal 6 lb. material containers Item 2 Weedar 64 2.5 gal 6 Containers 19.00/gal containers Item 3 Touch Down 2.5 gal 20 Containers 13.00/gal containers Item 4 Revolver 87 oz. 20 Containers 6.2068/oz containers Item 5 Surflan 2.5 gal 20 Containers 48.50/gal containers Item 6 IIIoxan 1 gal 4 Gal 221.05/gal containers Item 7 Celcius 10 oz. 8 Bottles 9.07/oz bottles Item 8 Kerb SC 3 lb. 60 Packages 285.00/gal package Item 9 Monument 25 gram 10 package 9.60/gram package Item 10 Injector Gal 15 Gal 18.00/gal Penetrant Item 11 Polaris 2.5 gal 8 Containers 72.12/gal containers Item 12 Ranger Pro 2.5 gal 40 Containers 15.00/gal containers Item 13 Imazapyr 2.5 gal 20 Containers 53.35/gal containers Item 14 Spray Indicator, 1 gal 10 Gal 25.90/gal Blue containers Page Њ of Ќ {ĻĭƷźƚƓ LLL CǒƓŭźĭźķĻƭ LƷĻƒ bƚ͵ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ.ƚğƩķ ƓźƷ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Chipco 2.5 gal 4 Containers 45.56/gal Flowable containers Item 2 Banol 1 gal 10 Gal 286.25/gal container Item 3 Daconil Weather 2.5 gal 4 Containers 58.50/gal Stik containers Item 4 Subdue MAXX 1 gal 4 Gal 510.00/gal containers Item 5 Fore 80 WP Lb 200 Lb 7.69/lb Rainshield Item 6 Rubigan A.S. 1 gal 10 Gal No Bid/gal containers Item 7 T-Methyl 2.5 gal 4 Containers 72.00/gal containers Item 8 Heritage 1 lb 8 Lb 317.00/lb containers Item 9 Junction 6 lb 12 Containers 13.76/lb containers Item 10 Prostar 70 WSB 1 lb 20 Lb 54.89/lb container {ĻĭƷźƚƓ L DƩĻĻƓƭ DƩğķĻ CĻƩƷźƌźǩĻƩ LƷĻƒ bƚ͵ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ.ƚğƩķ ƓźƷ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Promate 18 50 lb bags 80 Bags .68/lb w/65% Nutralene Item 2 Howard Johnson 50 lb bags 80 Bags .67/lb 10-20-20 w/50% Promate {ĻĭƷźƚƓ  CğźƩǞğǤ CĻƩƷźƌźǩĻƩ LƷĻƒ bƚ͵ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ.ƚğƩķ ƓźƷ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Bonus Crop 18-50 lb bags 320 Bags No bid 6-12 w/50% SCU Houactinite, 5% FE Page Ћ of Ќ {ĻĭƷźƚƓ L hƷŷĻƩ tƩƚķǒĭƷƭ LƷĻƒ bƚ͵ 5ĻƭĭƩźƦƷźƚƓ tƩĻŅĻƩƩĻķ v— ha .ǒǤ.ƚğƩķ ƓźƷ tğĭƉğŭźƓŭ tƩźĭĻ Item 1 Wipe Out tank 1 qt 10 Quart 9.00/qt cleaner containers Item 2 Promate spray 1 gal 30 Gal 25.90/gal Indictor containers Item 3 Add Spray 80 2.5 gal 4 Container 13.64/gal sticker/spreader containers Item 4 Promate lake 1 gal 25 Gal 28.72/gal dye containers Item 5 Primo Maxx 1 gal 4 Gal 283.00/gal containers Page Ќ of Ќ REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: CIP#0159892993 CIP#0159892993 Scott D. Linvingston Scott D. Linvingston Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Economic Development/Tourism Economic Development/Tourism Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 25,000 25,000 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Project Presentation1. Project Presentation 2. Bid Sheet Summary2. Bid Sheet Summary 3. Enhancement Grant Application3. Enhancement Grant Application 4. Enhancement Grant Evaluation Summary4. Enhancement Grant Evaluation Summary 5. La Porte Enhancement Grant Guidelines & 5. La Porte Enhancement Grant Guidelines & Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Enhancement Grant Review Committee reviewed an Enhancement Grant Application from Eagle Energy The Enhancement Grant Review Committee reviewed an Enhancement Grant Application from Eagle Energy Resources, LLC, which is the new owner of the Resources, LLC, which is the new owner of the ““Alamo buildingAlamo building””at 153 S. Broadway.  The applicant is planning at 153 S. Broadway.  The applicant is planning to enhance all four (4) sides of the buildingto enhance all four (4) sides of the building’’s exterior. s exterior.   The applicant collected three bids from general contractors to complete five primary projects only on the west  The applicant collected three bids from general contractors to complete five primary projects only on the west side (front facing S. Broadway) and south side (facing East Street/San Jacinto Ave.) of the building.  The five side (front facing S. Broadway) and south side (facing East Street/San Jacinto Ave.) of the building.  The five primary projects are:primary projects are:  (1) Stucco Work/Façade Repair (1) Stucco Work/Façade Repair (1) Stucco Work/Façade Repair (1) Stucco Work/Façade Repair (2) Painting (3) Doors (4) Canopy Work(4) Canopy Work (5) Exterior Lighting(5) Exterior Lighting The applicant secured three additional bids for ornamental The applicant secured three additional bids for ornamental ““Texas StarsTexas Stars””that will be installed on the buildingthat will be installed on the building’s exterior.  The general contractor offering the lowest bid for the five primary projects is CLS Builders, Inc. for $48,257.   The general contractor offering the lowest bid for the five primary projects is CLS Builders, Inc. for $48,257.  The lowest bid to manufacture and ship the The lowest bid to manufacture and ship the ““Texas StarsTexas Stars””is Iron Designs and Signs for $2,368.90. is Iron Designs and Signs for $2,368.90.   The sum total of these two lowest bids is $50,625.90, and 50 percent of this sum is $25,312.95.  Please see the  The sum total of these two lowest bids is $50,625.90, and 50 percent of this sum is $25,312.95.  Please see the “Bid Sheet SummaryBid Sheet Summary””for details.  The maximum amount allowed per property owner through the La Porte for details.  The maximum amount allowed per property owner through the La Porte Enhancement Grant Program is $25,000.  Therefore, the maximum amount to be reimbursed for this project would Enhancement Grant Program is $25,000.  Therefore, the maximum amount to be reimbursed for this project would be $25,000.  The Enhancement Grant Evaluation Committee reviewed this enhancement project and believes this project will The Enhancement Grant Evaluation Committee reviewed this enhancement project and believes this project will encourage similar reencourage similar re--development throughout the community of La Porte.  The Enhancement Grant Evaluation development throughout the community of La Porte.  The Enhancement Grant Evaluation Committee gave this project a score of 4.75 out of a maximum possible score of 5.0.  Please see the enclosed Committee gave this project a score of 4.75 out of a maximum possible score of 5.0.  Please see the enclosed “Evaluation SummaryEvaluation Summary””for additional detail. for additional detail.  The City of La Porte Development Corporation Board approved this enhancement grant application on February 9, The City of La Porte Development Corporation Board approved this enhancement grant application on February 9, 2015, for an amount not to exceed $25,000.2015, for an amount not to exceed $25,000. The applicant will be available at the meeting to address any questions the City Council might have about the The applicant will be available at the meeting to address any questions the City Council might have about the proposed project. proposed project.  Action Required of Council:Action Required of Council: Consider approval or other action regarding an enhancement grant amount not to exceed Consider approval or other action regarding an enhancement grant amount not to exceed to to $25,000$25,000Eagle Eagle , to be awarded at the completion of the project, conditional upon receipts and the , to be awarded at the completion of the project, conditional upon receipts and the Energy Resources, LLCEnergy Resources, LLC completion of work as indicated.completion of work as indicated. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 9ğŭƌĻ 9ƓĻƩŭǤ wĻƭƚǒƩĭĻƭͲ \[\[/ 153 S. Broadway Street www.eagleenergy.us discipline approach to identifying, evaluating, experience in a diverse number of operating environments results in the application principle objective is to grow the company , development, and exploration principally along the Gulf Coast of more efficient recovery and production methods, improved facility engineering style immediately adds value to acquired operated properties by The tenure and experience of our Our technical analysis and office operational /ƚƒƦğƓǤ LƓƷƩƚķǒĭƷźƚƓ - to - Our efficient field minimizing expenses and streamlining procedures. Basin and in Southeast Texas and Louisiana. Our - professional staff is focused on a multi founded in 1988. and acquiring undervalued assets. . and lower overhead acquisition was management Eagle Energy through each of "Canopy of the bids υЋͲЌЏБ͵ВЉ maximum amount allowed per property owner through the La 3) additional , and 50% of this sum is to complete the five (5) exterior, they collected three (3) bids from general contractors to complete ƭźķĻƭ (4) (i.e. the front side facing S. offered the lowest bid of "Doors", (i.e. the side facing East Street/San Jacinto Ave.) three ( (3) "Painting", secured tƩƚƆĻĭƷ {ǒƒƒğƩǤ υЎЉͲЏЋЎ͵ВЉ ЍБͲЋЎА applicant Work/Façade Repair", (2) . ƚƓƌǤ ƷŷĻ ǞĻƭƷ 5ĻƭźŭƓƭ ğƓķ {źŭƓƭ υЋЎͲЉЉЉ υ of The sum total of these two, lowest bids is that will be The . offered the lowest bid Porte Enhancement Grant Program is "Exterior Lighting". the five (5) primary projects on LƩƚƓ primary projects, while "Stucco ğƓķ ƭƚǒƷŷ The .ǒźƌķĻƩƭͲ LƓĭ ) 5 ) . ( Work", and Broadway) 1 υЋЎͲЌЊЋ͵ВЎ building: ( /\[{ to {Ʒǒĭĭƚ ‘ƚƩƉΉCğIJğķĻ wĻƦğźƩ CƩƚƓƷ ğƓķ wĻğƩ 9ƌĻǝğƷźƚƓ wĻƓķĻƩźƓŭƭ {źķĻ 9ƌĻǝğƷźƚƓ wĻƓķĻƩźƓŭƭ tğźƓƷźƓŭ 5ƚƚƩƭ /ğƓƚƦǤ The underside of the canopy, which runs the full length of the front of the building, will be covered with a vinyl soffit material to resemble wood. The color of the exterior. 9ǣƷĻƩźƚƩ \[źŭŷƷźƓŭ Ļǣğƭ {ƷğƩƭ Eagle Energy Resources, LLC 1909 Marvin Circle, Suite A Dshows@eagleenergy.us For additional information please contact: Seabrook, Texas 77586 3379 x 302 President & CEO 5ƚǒŭ {ŷƚǞƭ - (281) 474 δDĻƓĻƩğƌ tƩƚƆĻĭƷ .źķδ źƓĭƌǒķĻƭ ŅźǝĻ ΛЎΜ ƦƩźƒğƩǤ ƦƩƚƆĻĭƷƭʹ ΛЊΜ δ{Ʒǒĭĭƚ ‘ƚƩƉΉCğIJğķĻ wĻƦğźƩδͲ ΛЋΜ δtğźƓƷźƓŭδͲ ΛЌΜ δ5ƚƚƩƭδͲ ΛЍΜ tƩƚƆĻĭƷ ƚƷğƌ υЋЎͲЌЊЋ͵ВЎ .źķķĻƩ {ŷĻĻƷ {ǒƒƒğƩǤ ΏΏ 9ğŭƌĻ 9ƓĻƩŭǤ wĻƭƚǒƩĭĻƭͲ \[\[/ Ļǣğƭ {ƷğƩƭ υЋͲБВВ͵ББυЋͲБАЋ͵БЊ υЋͲЌЏБ͵ВЉ ЊЎЌ {͵ .ƩƚğķǞğǤͳ \[ğ tƚƩƷĻͲ Ļǣğƭ ААЎАЊ Њ DĻƓĻƩğƌ tƩƚƆĻĭƷ .źķ υЍБͲЋЎА͵ЉЉ υЏЏͲЊАЏ͵ЉЉυЎБͲЏЎЉ͵ЉЉ δ/ğƓƚƦǤ ‘ƚƩƉδͲ ğƓķ ΛЎΜ δ9ǣƷĻƩźƚƩ \[źŭŷƷźƓŭδ͵ wğƭğ /ƚƓƭƷƩǒĭƷźƚƓ /ƚ͵Ͳ LƓĭ͵ \[t5/γƭ ЎЉі /ƚƓƷƩźĬǒƷźƚƓʹ wĻķŅźĻƌķ /ǒƭƷƚƒ .ǒźƌķźƓŭ bğźƌŷĻğķ {ƦǒƩ /ƚƒƦğƓǤ LƩƚƓ 5ĻƭźŭƓƭ ğƓķ {źŭƓƭ /\[{ .ǒźƌķĻƩƭͲ LƓĭ͵ {ƷğƩƭ hǝĻƩ Ļǣğƭ Њ bƚƷĻƭʹ 1/12/2015 Following is a summary of the evaluations of the La Porte Enhancement Grant Evaluating Commmittee (EGEC). If you have any questions Average 4.754.254.75 4.75 , based on reciepts and DougS@eagleenergy.us 55 # of Evaluators Initial Review Date:Total Average Score (out of 25) 44444 . (281) 470-5016 $25,000 Total Score 1909 Marvin Circle, Suite A; Seabrook, Texas 77586 2020191719 E-Mail: Grant to be awarded in an amount not to exceed about the items listed below, please call the Economic Development Office at completion of work as indicated. Eagle Energy Resources, LLC 281-474-3379 x 302 Project Demonstrates a significant improvement over the existing situation. Doug Shows Project will enhance Main Street's appeal to new businesses and visitors. 1/9/2015 Economic Development Coordinator Resident, employee of La Car Porte Owner, Bay Port Animal Clinic Criteria Project will add to the beautification of Main Street. Project will complement the surrounding buildings. Director of Planning Project adds value to the City of La Porte. Recommendation: Business Address: Application Date: Business Name: Contact Name: Phone:Evaluating Committee Members: Title Scott D. Livingston Monica Rogers Cris Santiago Tim Tietjens Name LA PORTE ENHANCEMENT GRANT PROGRAM The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development Corporation,offers matching grantstobusinesseswhich are locatedin the La Porte Enhancement Grant District. A map of the La Porte Enhancement Grant District is provided in the full explanation of the program. Eligible improvements of the EGP include facade renovation, beautification projects, and new awnings, canopies, porches, and signage. A single owner of multiple properties may apply for grant funds for each property owned, but each matching grant must be for more than $2,500 and less than $25,000 per property. Each program application will be evaluated on a case-by-case basis. Interested business owners are welcome to complete the enclosed application form. Please deliver applications to the following address: Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Please contact Scott D. Livingston at livingstons@laportetx.gov or 281/470-5016, if you have any questions about the La Porte Enhancement Grant Program. Sincerely, Scott D. Livingston Economic Development Coordinator City of La Porte L PORTE BY THE BAY A 604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016 BUSINESS. BY THE BAY. La Porte Enhancement Grant Program The La Porte Enhancement Grant Program provides matching funds to enhance and/or beautify businesses in the La Porte Enhancement Grant District which is outlined with a bold black linebelow. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 1 BUSINESS. BY THE BAY. ELIGIBLE PROJECTS Business owners may be eligible for a reimbursement grant of funds used to enhance and/or beautify their businesses. The following types of projects are eligible for reimbursement grants: Façade Rehabilitation/Enhancement This includes work done on existing structures, such as removing non-historic/added facades, re-pointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, repairing facades, etc. New Awnings, Canopies, Porches and Signage This includes replacing, adding, or repairing awnings, canopies, porches and signs. Signs may include signboards, projecting signs, pedestrian signage, window signs, hanging signs, and awning/canopy signs. Beautification Projects This may include public art, landscaping, and other beautification projects as approved by the Enhancement Grant Evaluation Committee (EGEC). PROGRAM GUIDELINES 1.Grant funds are available only for exterior work on commercial property and building facades that are visible from public streets in the La Porte Enhancement Grant District. 2.In general, grants offered to businesses are intended to support project to renovate or convert existing structures to their original historic condition. 3.Grants will be processed and considered for award on a first-come, first-served basis until funds are depleted or until the program ends, whichever comes first. 4.Grants will not be awarded for work that has already been started or completed, or for work that is covered by insurance. If desired work is above and beyond what insurance will pay, and is, therefore, considered an upgrade and enhancement in the opinion of the EGEC, it may be eligible for grant funds. 5.Grants will not be awarded to any Applicant that owes any delinquent indebtedness* to the City of La Porte or the La Porte Development Corporation (LPDC). LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 2 BUSINESS. BY THE BAY. 6.Each grant will be awarded on a reimbursement basis once completed work has been verified by the EGEC to be compliant with the plans proposed in the approved application. Any deviation from the approved project may result in the total or partial withdrawal of the grant. 7.Each enhancement grant application will be subject to review by the EGEC, and approval from the LPDC. The review criteria include the following: The project demonstrates a significant improvement over the existing situation, The project will add to the beautification of Main Street and/or Broadway, The project will enhance Main Street and/or Broadway’s appeal to new businesses and visitors, The project will complement the surrounding buildings, and The project will add value to the City of La Porte. 8.Grant applications and awards may be made in any of the reimbursable activities described above and may be combined for any single property or project. 9.An applicant is defined as an owner, tenant, or combination thereof, who occupies space in an eligible property within the La Porte Enhancement Grant District. A single owner of multiple properties may apply for grant funds for each property owned, but the matching grant must be for more than $2,500 and less than $25,000 per property in a three (3) year period. APPLICATION PROCESS 1.Determine eligibility: Discuss project plans with the Economic Development Coordinator, and the Coordinator will set up a pre-development meeting with the EGEC. 2.Complete the application and sign the agreement form. Each grant application must include the following: a.A scale drawing by the project architect or design professional of all the work to be completed. b.Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will enable the EGEC to envision the finished project. c.Three (3) itemized work estimates on all project work from contractors or project architects. Self-contracted work will be reimbursed for actual legitimate expenses, excluding labor. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 3 BUSINESS. BY THE BAY. d.Photographs of the building’s exterior. The Applicant shall be required to provide before and after photographs of the building before the reimbursement grant can be awarded. For the initial application, “before” photographs will suffice, but “after” photographs of the completed project must be submitted before the grant may be considered for reimbursement. 3.Return the completed application form, with all applicable items, to: Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 4.The application will undergo an approval process, which includes but is not limited to the following: a.Each project must meet current building standards and codes, as well as building permit requirements. b.The EGEC will only consider applications that have been properly and fully completed, and which contain all information requested in the application and/or by the committee. c.All itemized work estimates submitted by the Applicant must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor’s or project architect’s letterhead and shall contain the contractor’s name, address, and telephone number and shall itemize the bid in a manner that allows the EGEC to determine the bid components and authenticity of the bid. d.Applications receiving approval by the EGEC shall commence construction described in the application within ninety (90) days from the date that the enhancement grant is approved. Each Applicant must complete the construction described in the Application within one (1) year from the date that the grant is approved. If the Applicant cannot meet this timeline, then the Applicant may submit a written request for an extension of the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The EGEC shall not be obligated to grant an extension, but it may do so for good cause determined solely by the members of the Committee. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the EGEC. Denial of an extension request may not be appealed. e.As a condition of this grant Application, the Applicant consents, and shall allow, the EGEC to request city inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 4 BUSINESS. BY THE BAY. Codes and Ordinances that are applicable to the construction contemplated in the application. f.The EGEC and LPDC shall have sole discretion in awarding grants. They shall award grants considering the amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program. g.No Applicant has a proprietary right to receive grant funds. The EGEC shall consider any application within its discretionary authority to determine what grant amount would be in the best interest of the grant program. h.The Applicant shall be required to furnish “before” photographs of the building’s exterior, and any other site locations that are included as part of the application request. The applicant shall also provide “after” photographs once the construction has been completed, as a condition of final grant disbursement. i.The EGEC has the final discretion with regard to funding and reserves the right to recommend modifications or reject any project or elements of any project. 5.Reimbursement. When the entire enhancement grant project has been completed, the Applicant shall present the Economic Development Office with the following: a.Copies of all paid invoices, including copies of cancelled checks and/or credit card receipts for a single payment reimbursement of the approved funding, and b.Photographs of all completed work. 6.When the project has been reviewed and signed off by the EGEC and their recommendations have been presented and approved by the LPDC, a reimbursement check will be issued. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 5 BUSINESS. BY THE BAY. La Porte Enhancement Grant Application Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Pkwy La Porte, TX 77571 APPLICANT INFORMATION: APPLICATION DATE: Applicant Name Business Name Physical Business Address Business Owner (if different from applicant) Mailing Address Contact Phone Email Address TYPE OF WORK (): Façade Rehabilitation/Enhancement Awnings/Signage Beautification Other (): DETAILS OF PLANNED IMPROVEMENTS (): ENHANCEMENT GRANT APPLICATION PAGE 1 BUSINESS. BY THE BAY. Please list the name of eachContractor and/or Project Architect and the Total Amount of each bid. Please, also, attach the original proposals and work estimates: CONTRACTOR/PROJECT ARCHITECTTOTAL AMOUNT 1.$ 2. $ 3. $ 4. $ 5. $ BUDGET DETAIL PROJECT EXPENDITURES FUNDS REQUESTED FUNDS APPLIEDTOTAL Façade Rehab $ $ $ Awnings/Signage $ $ $ Beautification $ $ $ Other (list):$ $ $ Other (list):$ $ $ TOTALS $ $ $ Total estimated cost of proposed project: $ Amount requested (up to 50% of total cost, $2,500 to $25,000): $ I have met with the EGEC and I fully understand the Enhancement Grant procedures and details established. I intend to use these grant funds for the renovation projects, as spelled out in the application. I have not received, nor will I receive insurance monies for this revitalization project OR I have disclosed all pertinent insurance information. I understand that if I am awarded an Enhancement Grant, any deviation from the approved project may result in the partial or total withdrawal of the grant funds. If I am awarded a reimbursement grant for façade, awning, signage, beautification, or other approved work, alterations should not be made within five (5) years from construction; otherwise I may be required to reimburse the La Porte Development Corporation immediately for the full amount of the grant. APPLICANT SIGNATURE DATE ENHANCEMENT GRANT APPLICATION PAGE 2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Donald Ladd Donald Ladd Requested By: Account Number:Account Number: Fire Fire 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. Copy of Shoreacres Agreement1. Copy of Shoreacres Agreement 2. Cost Sheet2. Cost Sheet SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City has negotiated a new contract with the City of Shoreacres for Fire Protection Service for a period of 60 The City has negotiated a new contract with the City of Shoreacres for Fire Protection Service for a period of 60 months, in the amount of $11,126.81 monthly. This is an increase of $1,551 per month. Monthly payment was months, in the amount of $11,126.81 monthly. This is an increase of $1,551 per month. Monthly payment was based on yearly budget, debt services, and current CIP projects for a percent by population calculation.This new based on yearly budget, debt services, and current CIP projects for a percent by population calculation.This new agreement is for fire suppression services and does not include first responder or any medical response. The agreement is for fire suppression services and does not include first responder or any medical response. The agreement is for the period starting March 1, 2015 and runs through February 28, 2020. agreement is for the period starting March 1, 2015 and runs through February 28, 2020.  The current contract expired on October1, 2014 and has been renewing monthly.The current contract expired on October1, 2014 and has been renewing monthly.  Recommend that City Council approve the City Manager to execute the new agreement.Recommend that City Council approve the City Manager to execute the new agreement.   Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute the agreement with the City of Consider approval or other action authorizing the City Manager to execute the agreement with the City of .. Shoreacres for Fire Protection ServicesShoreacres for Fire Protection Services Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AGREEMENT THESTATEOFTEXAS X COUNTYOFHARRISX ThisAgreementmadeandenteredintobyandbetweentheCITYOFLAPORTE,a "LAPORTE" municipalcorporationofHarrisCounty,TexashereinafterreferredtoasandtheCITY OFSHOREACRES,amunicipalcorporationofHarrisCounty,Texas,hereinafterreferredtoas "CITY", WITNESSETH WHEREAS,CITYisinneedofcertaingovernmentalservices forthebenefitofthepeople andpropertywithinitscitylimits,and WHEREAS,LAPORTEisableandwillingtoprovidesaidgovernmentalservicestoCITY, upontheterms,conditions,andcovenantshereincontained: NOW, THEREFORE,PURSUANTTOTHEAUTHORITYGRANTEDBYChapter791, in "InterlocalCooperationContracts",TexasGovernmentCode,andconsiderationofthemutual covenants,agreements,andbenefitstobothcities,itisherebyagreedasfollows: GENERALPROVISIONS A. I. Forandduringthesixtymonths(60)beginningonthe1stdayofMarch 2015,andendingonthe28th dayofFebruary,2020,LAPORTEagreestofurnishCITY,thegovernmentalserviceshereinafter morespecificallydescribed.Thisagreementshallremainineffectduringsaidsixty(60)monthterm unlesscanceledbyeitherpartyasprovidedinParagraphA-IVhereof.Furthermore,thisagreement shallautomaticallycontinueona month-to-monthbasis,startingMarch 1,2020,untilcancelledby party.Thisagreement either partybythegivingofthirty(30)daysadvancewrittennoticetotheother supersedesanyprioragreementbetweenthepartiesonthesubjectmatterhereof. II. Forandinconsideration ofthegovernmentalservicestobeprovidedbyLAPORTEtoCITY,CITY agreestopayLAPORTE asfollows,towit: $11,126.81 (1)MonthlybasechargeforFireProtection: (2)Thetotalofsuchbasecharges tobepaidinfullbyCITYto LAPORTE,onorbeforethetenth dayofthemonthfollowingthemonthinwhichsuchserviceswererendered.PaymentsbyCITYshall bemadefromcurrentrevenuesavailabletoCITY. III. LAPORTEwillnotbeliableforlossordamagetopersonorpropertyarisingfrom,causedby,or resultingfromallegednegligenceofLAPORTE,itsemployeesorvolunteersincarryingoutthe termsofthisagreement.CITYagreestoindemnify,andsaveandholdLAPORTEharmless,from anysuchclaimforlossordamagebyitself,orbyanyperson,firm,corporation,orassociation,in connectionwiththisagreement. IV. Eitherparty tothis agreementmaycancelbygiving sixty(60)dayswrittennoticetotheotherparty. Suchnoticewillbeeffectiveasofmidnightofthelastdayoftheexpirationof suchsixty(60)days notice. v. CITYpersonnelshallabideby allLAPORTErules,regulations,andpolicies,astheynowexist,or maybeamendedhereafter,relatingtotheservicesrenderedincludingtheuseoffacilitiesmade availabletotheCITYunderthetermsofthisagreement. FIREPROTECTION B. I. LAPORTEagreestoprovidefireprotection,limitedtofiresuppressionservicesonly,and specificallyexcludingemergencymedicalservices,forrealandpersonalpropertysituatedwithin CITY,forthetermofthisagreement,uponthetermsandconditionshereincontained. II. Solediscretionwillrest withtheLAPORTEFireChief,orhisdulyauthorizedassistants,astothe firefightersandequipmentthatwillanswereachfirealarm,providedthatprotectionwillbeadequate (meaningreasonableprotection,consideringavailablefirefightersandequipmentofLAPORTE'S FireDepartment)andsendingoffirefighters andequipmenttoprotectpropertywithinCTIYwillbe subordinatetorequestsfor,andrenderingof,fireprotectionwithinLAPORTE. Ill. CityagreestopayLAPORTEforfireprotectionservices,theamounts,andinmanner,hereinabove specified. WITNESS OURHANDS andthesealsofourrespective Cities,effectiveasofthe 1STday ofMarch,2015. CounciloftheCityofLaPorte, PASSEDAND APPROVEDbytheCitybyitsOrdinanceNo. on the____dayof__________________,2015. ____, CITY OF LA PORTE, TEXAS City SecretaryCity Manager _______________________________________ Assist.CityAttorney __________________ PASSEDANDAPPROVEDbytheCityCounciloftheCityofShoreacres,byitsOrdinance No.,onthedayof2015. CITYOFSHOREACRES City SecretaryCity Manager _______________________________________ CityAttorney _______________ REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 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. Resolution1. Resolution 2. Deeds, Bids and Map2. Deeds, Bids and Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing unit may sell the property at If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing unit may sell the property at any time by public or private sale.  The City of La Porte has had these properties on our public resale list for more any time by public or private sale.  The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or higher. At this time we are asking the city council to pass a resolution to approve the sale of these properties for higher. At this time we are asking the city council to pass a resolution to approve the sale of these properties for the amount that has been offered. the amount that has been offered.  P213(2) –Lots 19 & 20 Block 200 Town of La PorteLots 19 & 20 Block 200 Town of La Porte––Offer $6,250.00Offer $6,250.00 (Adjudged Value $6,250.00 Taxes+Cost $4,961.40)(Adjudged Value $6,250.00 Taxes+Cost $4,961.40)  P140  P140 ––Lot 27, 28 & 29 Block 76 Bayfront to La Porte Lot 27, 28 & 29 Block 76 Bayfront to La Porte Lot 27, 28 & 29 Block 76 Bayfront to La Porte Lot 27, 28 & 29 Block 76 Bayfront to La Porte ––––Offer $7,500.00Offer $7,500.00Offer $7,500.00Offer $7,500.00                (Adjudged Value $5,300.00 Taxes+Costs $9,279.12)               (Adjudged Value $5,300.00 Taxes+Costs $9,279.12) Action Required of Council:Action Required of Council:   Consider approval or other action regarding a Resolution authorizing the sale of the properties listed above.Consider approval or other action regarding a Resolution authorizing the sale of the properties listed above.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS§ §TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICTand the SAN JACINTOCOMMUNITY COLLEGE DISTRICT,acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by MARTIN VASQUEZ(“GRANTEES”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRISCOUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICTin the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2004- 48872, styled City of La Porte and La Porte Independent School District v. Charles W.F. Compton, said property being described as: LOTS 19 AND 20, BLOCK 200, OF LA PORTE, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF FILED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS.(ACCOUNT NUMBER 024-005-000-0019). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the saidMARTIN VASQUEZ,hisheirs and assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT P213(2) OF HOUSTON AUTHORITYOF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICTnorany person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee acceptsthe property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledgesand agreesthat this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICThas caused these presents to be executed this ________day of ______________________ 2015. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY,MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ MARTIN VASQUEZ P213(2) THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to bethe person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared MARTIN VASQUEZknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To:MARTIN VASQUEZ 321 S FIFTEENTH ST LA PORTE, TX 77571 P213(2) AREA MAP 37199 µ T A SE A ST W 201 200 36 218 W B ST LOCATION OF PARCEL (HCAD #024-005-000-0019) 220 13 219 1 inch = 100 feet Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS§ §TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICTand the SAN JACINTOCOMMUNITY COLLEGE DISTRICT,acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by ROY HUNTER(“GRANTEES”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITYOF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICTin the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2000-18753, styled City of La Porte and La Porte Independent School District v. Francis F. Sneiger a/k/a Francis F. Sneigr, said property being described as: LOTS27, 28, AND 29 IN BLOCK 76, BAY FRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT OF SAID BAY FRONT ADDITION OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF HARRIS COUNTY, TEXAS AND BEING THE SAME PROPERTY DESCRIBED IN A QUITCLAIM DEED FILED UNDER HARRIS COUNTY CLERK’S FILE NUMBER E195604. (ACCOUNT NUMBER 006-166-000-0027). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the saidROY HUNTER,his heirs and assigns forever, so that neither the CITY OF LA PORTE, LA PORTE P140 INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITYOF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICTnorany person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee acceptsthe property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledgesand agreesthat this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATIONDEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRISCOUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICThas caused thesepresents to be executed this ________day of ______________________ 2015. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY,MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ ROY HUNTER P140 THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executedsame for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared ROY HUNTERknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions andthe limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2015. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires:____________ After Recording Return To:ROY HUNTER 2829 TEXAS AVENUE TEXAS CITY, TX 77590 P140 AREA MAP µ 85 MORGAN'S POINT LOCATION OF PARCEL (HCAD #006-166-000-0027) 76 75 59 1 inch = 100 feet 60 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 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 (Medders Construction) is seeking approval of a Special Conditional Use Permit  (SCUP) to allow The applicant (Medders Construction) is seeking approval of a Special Conditional Use Permit  (SCUP) to allow construction of an offconstruction of an off--site parking lot with covered parking on the property located at the southeast corner of S. site parking lot with covered parking on the property located at the southeast corner of S. th 16 Street and W. C Street also described as Lots 1 & 2, Block 789, Town of La Porte as described in the Street and W. C Street also described as Lots 1 & 2, Block 789, Town of La Porte as described in the attached ordinance.attached ordinance. The subject site is a vacant parcel of land with 6,250 square feet (.143 acres) in an area zoned GC, General The subject site is a vacant parcel of land with 6,250 square feet (.143 acres) in an area zoned GC, General Commercial. The CityCommercial. The City’’s commercial use table (Section 106s commercial use table (Section 106--441) allows for off441) allows for off--site parking through consideration site parking through consideration of a Special Conditional Use Permit in the GC district. The applicant owns and operates a general contractor of a Special Conditional Use Permit in the GC district. The applicant owns and operates a general contractor thth construction company across the street from this site at 311 S. 16construction company across the street from this site at 311 S. 16 Street. The use of the site is intended to Street. The use of the site is intended to provide additional parking of vehicles and flatprovide additional parking of vehicles and flat--bed trailers (wheeled stock). The applicantbed trailers (wheeled stock). The applicant’’s existing facility does s existing facility does not have sufficient parking for their fleet.not have sufficient parking for their fleet.not have sufficient parking for their fleet.not have sufficient parking for their fleet.  The ordinance contains a number of conditions intended to ensure that the proposed parking lot is compatible with  The ordinance contains a number of conditions intended to ensure that the proposed parking lot is compatible with surrounding uses, including the residential development to the east (across the alley). Additionally, the applicant will surrounding uses, including the residential development to the east (across the alley). Additionally, the applicant will be required to submit application of a site development plan that will be reviewed by staff for compliance with all be required to submit application of a site development plan that will be reviewed by staff for compliance with all applicable requirements outlined in Chapter 106 (Zoning) of the Cityapplicable requirements outlined in Chapter 106 (Zoning) of the City’’s Code of Ordinances.s Code of Ordinances.  The Planning and Zoning Commission conducted a public hearing at the January 29, 2015, meeting concerning this  The Planning and Zoning Commission conducted a public hearing at the January 29, 2015, meeting concerning this request. Two public hearing notice responses were received by the City for the P&Z public hearing; one in favor request. Two public hearing notice responses were received by the City for the P&Z public hearing; one in favor from Eugene Ybarra (11022 N. P Street and owners of property in the vicinity) and one in opposition from Martha from Eugene Ybarra (11022 N. P Street and owners of property in the vicinity) and one in opposition from Martha thth Vega (326 S. 15Vega (326 S. 15 Street). The Commission voted unanimously to recommend approval of the proposed SCUP. Street). The Commission voted unanimously to recommend approval of the proposed SCUP. 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 Special Conditional Use Permit Request #14Special Conditional Use Permit Request #14--91000003, to allow construction of an off91000003, to allow construction of an off--site parking lot in the site parking lot in the GC, General Commercial, district.GC, General Commercial, district. 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 23, 2015February 23, 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 : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. SCUP Application3. SCUP Application 4. Area Map4. Area Map 5. Land Use and Zoning Map5. Land Use and Zoning Map 6. Public Response Letters6. Public Response Letters SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant (Medders Construction) is seeking approval of a Special Conditional Use Permit  (SCUP) to allow The applicant (Medders Construction) is seeking approval of a Special Conditional Use Permit  (SCUP) to allow construction of an offconstruction of an off--site parking lot with covered parking on the property located at the southeast corner of S. site parking lot with covered parking on the property located at the southeast corner of S. th 16 Street and W. C Street also described as Lots 1 & 2, Block 789, Town of La Porte as described in the Street and W. C Street also described as Lots 1 & 2, Block 789, Town of La Porte as described in the attached ordinance.attached ordinance.  The subject site is a vacant parcel of land with 6,250 square feet (.143 acres) in an area zoned GC, General  The subject site is a vacant parcel of land with 6,250 square feet (.143 acres) in an area zoned GC, General Commercial. The CityCommercial. The City’’s commercial use table (Section 106s commercial use table (Section 106--441) allows for off441) allows for off--site parking through consideration site parking through consideration of a Special Conditional Use Permit in the GC district. The applicant owns and operates a general contractor of a Special Conditional Use Permit in the GC district. The applicant owns and operates a general contractor thththth construction company across the street from this site at 311 S. 16construction company across the street from this site at 311 S. 16 Street. The use of the site is intended to Street. The use of the site is intended to provide additional parking of vehicles and flatprovide additional parking of vehicles and flat--bed trailers (wheeled stock). The applicantbed trailers (wheeled stock). The applicant’’s existing facility does s existing facility does not have sufficient parking for their fleet.not have sufficient parking for their fleet.  The ordinance contains a number of conditions intended to ensure that the proposed parking lot is compatible with  The ordinance contains a number of conditions intended to ensure that the proposed parking lot is compatible with surrounding uses, including the residential development to the east (across the alley). Additionally, the applicant will surrounding uses, including the residential development to the east (across the alley). Additionally, the applicant will be required to submit application of a site development plan that will be reviewed by staff for compliance with all be required to submit application of a site development plan that will be reviewed by staff for compliance with all applicable requirements outlined in Chapter 106 (Zoning) of the Cityapplicable requirements outlined in Chapter 106 (Zoning) of the City’’s Code of Ordinances.s Code of Ordinances.  The Planning and Zoning Commission conducted a public hearing at the January 29, 2015, meeting concerning this  The Planning and Zoning Commission conducted a public hearing at the January 29, 2015, meeting concerning this request. Two public hearing notice responses were received by the City for the P&Z public hearing; one in favor request. Two public hearing notice responses were received by the City for the P&Z public hearing; one in favor from Eugene Ybarra (11022 N. P Street and owners of property in the vicinity) and one in opposition from Martha from Eugene Ybarra (11022 N. P Street and owners of property in the vicinity) and one in opposition from Martha thth Vega (326 S. 15Vega (326 S. 15 Street). The Commission voted unanimously to recommend approval of the proposed SCUP. Street). The Commission voted unanimously to recommend approval of the proposed SCUP. 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 Special Conditional Use Permit Request #14Special Conditional Use Permit Request #14--91000003, to allow construction of an off91000003, to allow construction of an off––site parking lot in site parking lot in the GC, General Commercial, district.the GC, General Commercial, district. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AREA MAP # 14-91000003 µ MEDDERS CONSTRUCTION W C ST PROPOSED OFF-SITE PARKING LOT 1 inch = 100 feet AREA MAP # 14-91000003 µ MEDDERS CONSTRUCTION PROPOSED OFF-SITE PARKING LOT W C ST GCR-2 LI Zoning Legend MED-DENSITY RESIDENTIAL GENERAL COMMERCIAL LIGHT INDUSTRIAL ZONING µ MEDDERS COM CONSTRUCTION PROPOSED OFF-SITE PARKING LOT T W C S MHDR LI COM Land Use Legend MID-HIGH DENSITY RESIDENTIAL COMMERCIAL LIGHT INDUSTRIAL PUBLIC / INSTITUTIONAL PI LAND USE REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 23, 2015February 23, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Corby Alexander Corby Alexander 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 : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Enterprise Products is in the process of building a plant/facility in MorganEnterprise Products is in the process of building a plant/facility in Morgan’’s Point.  The electrical substation that s Point.  The electrical substation that will support the new facility is being constructed in La Porte.  The facility will, on average, require over 1 million will support the new facility is being constructed in La Porte.  The facility will, on average, require over 1 million gallons of water per day.  Neither the City of Morgangallons of water per day.  Neither the City of Morgan’’s Point nor the City of s Point nor the City of La Porte has the capacity furnish 1million plus gallons of potable water per day on average. La Porte has the capacity furnish 1million plus gallons of potable water per day on average.  Consequently, the City has been in discussions with Enterprise Production to provide effluent from the CityConsequently, the City has been in discussions with Enterprise Production to provide effluent from the City’s wastewater treatment plant.  Staff has been working closely with Enterprise to ensure that we would be able to wastewater treatment plant.  Staff has been working closely with Enterprise to ensure that we would be able to provide a sufficient flow.  This item is placed on the agenda to determine if Council has an interest in moving provide a sufficient flow.  This item is placed on the agenda to determine if Council has an interest in moving forward with this project at this time.  forward with this project at this time.    Should Council choose to move forward staff will work to hammer out a service agreement for Council Should Council choose to move forward staff will work to hammer out a service agreement for Council Should Council choose to move forward staff will work to hammer out a service agreement for Council Should Council choose to move forward staff will work to hammer out a service agreement for Council consideration prior any actual commitment being made to Enterprise. This agreement would require that Enterprise consideration prior any actual commitment being made to Enterprise. This agreement would require that Enterprise take the water from the outfall at the plant and be responsible for transporting the water to their location in take the water from the outfall at the plant and be responsible for transporting the water to their location in Morgan’s Point.  All of the infrastructure associated with the effluent transport would be Enterprises Point.  All of the infrastructure associated with the effluent transport would be Enterprise’’s s responsibility.  The agreement would also need to spell out the unit cost for the water.responsibility.  The agreement would also need to spell out the unit cost for the water. Action Required of Council:Action Required of Council: Provide direction to staff on whether to move forward with this project to furnish effluent water to Enterprise Provide direction to staff on whether to move forward with this project to furnish effluent water to Enterprise Products.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item February 23, 2015 9. (a) Receive report of La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item February 23, 2015 February 23, 2015 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS La Porte Development Corporation Board Meeting, Monday, March 9, 2015La Porte Development Corporation Board Meeting, Monday, March 9, 2015 • City Council Meeting, Monday, March 9, 2015City Council Meeting, Monday, March 9, 2015 • City Council Meeting, Monday, March 23, 2015City Council Meeting, Monday, March 23, 2015 • Planning and Zoning Commission Meeting, Thursday, March 19, 2015Planning and Zoning Commission Meeting, Thursday, March 19, 2015 • Zoning Board of Adjustment Meeting, Thursday, March 26, 2015Zoning Board of Adjustment Meeting, Thursday, March 26, 2015 • Citizens Forum on Code Enforcement for the Northside Neighborhood, Tuesday, March 31, Citizens Forum on Code Enforcement for the Northside Neighborhood, Tuesday, March 31, • 20152015 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 Zemanek, Leonard, Engelken, Earp, Clausen, Martin, Moser, Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen, Martin, Moser, Kaminski and Mayor RigbyKaminski 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 ManagerPatrice Fogarty, City Secretary and Corby Alexander, City Manager 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 ****************************************************************** ******************************************************************