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HomeMy WebLinkAbout02-22-16 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKKRISTIN MARTIN Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Councilmember At Large BCouncilmember At Large BMayor Pro-Tem Councilmember District 5Councilmember District 5 DANNY EARP Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held February 22, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held February 22, 2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2016, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Clark Askins.The invocation will be given by Clark Askins. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Recognition Recognition -- Employee of the Fourth Quarter 2015 Employee of the Fourth Quarter 2015 -- Victor Martinez Victor Martinez -- City of La Porte Public City of La Porte Public (a) Works Department (Solid Waste) Works Department (Solid Waste) -- Mayor Rigby Mayor Rigby Recognition Recognition Recognition Recognition -- Employee of the Year 2015 Employee of the Year 2015 Employee of the Year 2015 Employee of the Year 2015 -- David Hefner David Hefner David Hefner David Hefner -- City of La Porte Parks and City of La Porte Parks and City of La Porte Parks and City of La Porte Parks and (b)(b) Recreation Department (Building Maintenance Supervisor) Recreation Department (Building Maintenance Supervisor) -- Mayor Rigby Mayor Rigby Recognition Recognition -- Manager of the Year Manager of the Year -- Cathy Haney Cathy Haney -- City of La Porte Municipal Court (Court City of La Porte Municipal Court (Court (c) Administrator) Administrator) -- Mayor Rigby Mayor Rigby (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding minutes of the City Council meeting held on Consider approval or other action regarding minutes of the City Council meeting held on (a) February 8, 2016 February 8, 2016 -- P. Fogarty P. Fogarty Consider approval or other action authorizing the City Manager to execute a contract with Gulf Consider approval or other action authorizing the City Manager to execute a contract with Gulf (b) States Protective Coatings in the amount of $273,025.00 and a project contingency of States Protective Coatings in the amount of $273,025.00 and a project contingency of $24,000.00 for a total project cost of $297,025.00 $24,000.00 for a total project cost of $297,025.00 -- S. Valiante S. Valiante Consider approval or other action authorizing the City Manager to execute a threeConsider approval or other action authorizing the City Manager to execute a three-year (c) contract with the Bay Area Houston Economic Partnership contract with the Bay Area Houston Economic Partnership -- S. Livingston S. Livingston Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and (d) Vehicles" of the City Code of Ordinances, to change speed limit on Wharton Weems Blvd. Vehicles" of the City Code of Ordinances, to change speed limit on Wharton Weems Blvd. (At the February 8, 2016 meeting, Council directed staff to place an ordinance pertaining the February 8, 2016 meeting, Council directed staff to place an ordinance pertaining   -- T. Leach T. Leach to Wharton Weems Blvd. on the February 22, 2016, Council agenda.)to Wharton Weems Blvd. on the February 22, 2016, Council agenda.) Consider approval or other action regarding a community cooperation project (new entryway Consider approval or other action regarding a community cooperation project (new entryway Consider approval or other action regarding a community cooperation project (new entryway Consider approval or other action regarding a community cooperation project (new entryway (e)(e) sign) with Bay Point Townhome Homeowners Associationsign) with Bay Point Townhome Homeowners Association-- T. Leach T. Leach 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES Public hearing to receive comments regarding the recommendation by the Planning and Public hearing to receive comments regarding the recommendation by the Planning and (a) Zoning Commission to approve an amendment to the Future Land Use Map component of the Zoning Commission to approve an amendment to the Future Land Use Map component of the La Porte Comprehensive Plan to change designation for a 0.57 acre tract at corner of N. 1st La Porte Comprehensive Plan to change designation for a 0.57 acre tract at corner of N. 1st Street and E. Street, described as Lots 1Street and E. Street, described as Lots 1--8, Block 108,  Town of La Porte Subdivision from 8, Block 108,  Town of La Porte Subdivision from Commercial to LowCommercial to Low--Density Residential; consider approval or other action regarding an Density Residential; consider approval or other action regarding an Ordinance amending the Future Land Use Map component of the La Porte Comprehensive Ordinance amending the Future Land Use Map component of the La Porte Comprehensive Plan to change designation for a 0.57 acre tract at corner of N. 1st Street and E Street, Plan to change designation for a 0.57 acre tract at corner of N. 1st Street and E Street, described as Lots 1described as Lots 1--8, Block 108, Town of La Porte Subdivision from Commercial to Low8, Block 108, Town of La Porte Subdivision from Commercial to Low- Density Residential Density Residential -- E. Ensey E. Ensey Public hearing to receive comments regarding the recommendation by the Planning and Public hearing to receive comments regarding the recommendation by the Planning and (b) Zoning Commission to approve rezone of a 0.57 acre tract at corner of N. 1st Street and E Zoning Commission to approve rezone of a 0.57 acre tract at corner of N. 1st Street and E Street, described as Lots 1Street, described as Lots 1--8, Block 108, Town of La 8, Block 108, Town of La Porte Subdivision from General Porte Subdivision from General Commercial (GC) to Medium Density Residential (RCommercial (GC) to Medium Density Residential (R--2); consider approval or other action 2); consider approval or other action regarding an Ordinance to approve zone change request #15regarding an Ordinance to approve zone change request #15--92000003, to rezone a 0.57 92000003, to rezone a 0.57 acre tract at corner of N. 1st Street and E Street, described as Lots 1acre tract at corner of N. 1st Street and E Street, described as Lots 1--8, Block 108, Town of 8, Block 108, Town of La Porte Subdivision from General Commercial (GC) to Medium Density Residential (RLa Porte Subdivision from General Commercial (GC) to Medium Density Residential (R-2) - E. EnseyEnsey Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning (c) Commission to approve an amendment to the Future Land Use Map Component of the Commission to approve an amendment to the Future Land Use Map Component of the La Porte Comprehensive Plan to change designation of a 3.9 acre tract located north of La Porte Comprehensive Plan to change designation of a 3.9 acre tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from Neighborhood Commercial to Commercial; consider approval or other Jones Survey from Neighborhood Commercial to Commercial; consider approval or other action regarding an Ordinance amending the Future Land Use Map Component of the action regarding an Ordinance amending the Future Land Use Map Component of the La Porte Comprehensive Plan to change designation for a 3.9 acre tract located north of La Porte Comprehensive Plan to change designation for a 3.9 acre tract located north of La Porte Comprehensive Plan to change designation for a 3.9 acre tract located north of La Porte Comprehensive Plan to change designation for a 3.9 acre tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey, from "Neighborhood Commercial" to "Commercial" Jones Survey, from "Neighborhood Commercial" to "Commercial" -- E. Ensey E. Ensey Public hearing to receive comments regarding the recommendation by the Planning and Public hearing to receive comments regarding the recommendation by the Planning and (d) Zoning Commission to approve rezone of a 3.9 acre tract located north of Fairmont Parkway Zoning Commission to approve rezone of a 3.9 acre tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from Neighborhood Commercial (NC) to General Commercial (GC); consider approval or other Neighborhood Commercial (NC) to General Commercial (GC); consider approval or other action regarding an Ordinance to approve zone change request #15action regarding an Ordinance to approve zone change request #15--92000004, for a 3.9 acre 92000004, for a 3.9 acre tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and tract located north of Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey, from Neighborhood Commercial (NC) to General Abstract 482, William Jones Survey, from Neighborhood Commercial (NC) to General Commercial (GC) Commercial (GC) -- E. Ensey E. Ensey 8.AUTHORIZATIONSAUTHORIZATIONS Consider approval or other action authorizing the City of La Porte's participation as a sponsor Consider approval or other action authorizing the City of La Porte's participation as a sponsor (a) for the 2016 United States Optimist Dingy Sailing Association National Championship held at for the 2016 United States Optimist Dingy Sailing Association National Championship held at the Houston Yacht Club the Houston Yacht Club -- J. Hefner J. Hefner 9.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION Discussion and possible action regarding the 125th Anniversary Celebration for the City of Discussion and possible action regarding the 125th Anniversary Celebration for the City of (a) La Porte La Porte -- Councilmembers Zemanek, Kaminski and Earp Councilmembers Zemanek, Kaminski and Earp 10.REPORTSREPORTS Receive 2015 City of La Porte Police Department Racial Profiling Report Receive 2015 City of La Porte Police Department Racial Profiling Report -- K. Adcox K. Adcox (a) Receive report of the La Porte Development Corporation Board Receive report of the La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (b) 11.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Zoning Board of Adjustment Meeting, Thursday, February 25, 2016Zoning Board of Adjustment Meeting, Thursday, February 25, 2016 • La Porte Development Corporation Board Meeting, Monday, March 14, 2016La Porte Development Corporation Board Meeting, Monday, March 14, 2016 • City Council Meeting, Monday, March 14, 2016City Council Meeting, Monday, March 14, 2016 • City Council Meeting, Monday, March 28, 2016City Council Meeting, Monday, March 28, 2016 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 12.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 Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   13.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: ––Personnel Matter: Deliberations concerning the Personnel Matter: Deliberations concerning the Texas Government Code, Section 551.074Texas Government Code, Section 551.074 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: City Secretary Patrice Fogartyor employee, unless the officer or employee requests a public hearing: City Secretary Patrice Fogarty 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 14.RECONVENERECONVENE session. session. 15.ADJOURNADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the February 22, 2016, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the February 22, 2016, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on February 16, 2016.Hall bulletin board on February 16, 2016. Council Agenda Item Council Agenda Item February 22, 2016 February 22, 2016 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Clark Askins.The invocation will be given by Clark Askins. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Recognition Recognition -- Employee of the Fourth Quarter 2015 Employee of the Fourth Quarter 2015 -- Victor Martinez Victor Martinez -- City of La Porte Public City of La Porte Public (a) Works Department (Solid Waste) Works Department (Solid Waste) -- Mayor Rigby Mayor Rigby Recognition Recognition -- Employee of the Year 2015 Employee of the Year 2015 -- David Hefner David Hefner -- City of La Porte Parks and City of La Porte Parks and (b) Recreation Department (Building Maintenance Supervisor) Recreation Department (Building Maintenance Supervisor) -- Mayor Rigby Mayor Rigby Recognition Recognition -- Manager of the Year Manager of the Year -- Cathy Haney Cathy Haney -- City of La Porte Municipal Court (Court City of La Porte Municipal Court (Court (c) Administrator) Administrator) -- Mayor Rigby Mayor Rigby (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** th Employee of the 4 Quarter 2015 Victor Martinez Solid Waste Worker The job of Solid Waste Worker is challenging in a variety of ways. It is an underappreciated job that often only gets attention from the community when something goes wrong or a citizen feels they are delayed by a crew running their daily route. When Solid Waste workers do their jobs well, they are often out of sight, out of mind for citizens. As a result, it would be easy for them to get discouraged. This is not the case for Victor Martinez, who consistently brings flexibility and a positive attitude to the job. As you would expect, it is a physically demanding job. So demanding in fact that it is common for new hires to only make it a few hours into their first shift before needing to be relieved for the day. Those that continue in the role often spend the first few weeks working themselves into good enough shape to fully do the job. The average route covers 1,100 homes a day and studies have estimated that by the end of their shift a worker has lifted around 5,000 pounds of household garbage each day. This is all done in a variety of outdoor conditions: cold, wet, and sometimes very hot. May 30, 2011 Victor has maintained a perfect attendance record. That is true dedication and certainly worthy of recognition. Please join me in congratulating Victor Martinez as Employee of the 4th Quarter. 9ƒƦƌƚǤĻĻ ƚŅ ƷŷĻ —ĻğƩ ЋЉЊЎ 5ğǝźķ IĻŅƓĻƩ .ǒźƌķźƓŭ ağźƓƷĻƓğƓĭĻ {ǒƦĻƩǝźƭƚƩ David Hefner joined the City of La Porte team in August of 2011 as the Building Maintenance Supervisor. In that role, David consistently delivers excellent service to both internal and external customers. He uses his skills and knowledge to provide cost savings at every opportunity. David was presented a significant challenge in April of 2015 with the flooding of the Recreation & Fitness Center. David was the first staff member to be notified of the situation. He immediately made his way to the center while also notifying management and additional staff. He took quick action to identify and contact a company for cleanup. After the initial cleanup was complete, David performed many hours of research and coordination to make sure the renovation stayed on track and on budget. He researched floor tiles, wood flooring, and carpeting. David also used his skills and those of his team to perform work directly when it was appropriate. Adding a drop ceiling, routing air conditioning, adding electrical outlets, and painting were all done by David and his crew resulting in significant savings. The Center reopened in August to rave reviews. e Rec & Fitness Center will continue to serve the needs and exceed the expectations of the community. We are very fortunate to have David on the team as our 2015 Employee of the Year. Manager of the Year 2015 Cathy Haney Court Administrator Cathey Haney became the Court Administrator for La Porte in November of 2011. As the Court Administrator, Cathy is responsible for all operations of the Court including collections, dockets, warrants, and records retention. She designs and implements policies and procedures and provides day to day supervision of Court staff. As the Clerk of the Court for a Municipal Court of Record, Cathy maintains a current working knowledge of a variety of issues while leading her staff in delivering excellent customer service. While Cathy is an experienced manager and Court Administrator, 2015 provided several challenges for her to tackle. She implemented a new way to process defendants who miss their court dates. This proactive approach included proactive contact from staff before cases go into warrant, which proved to be a win for determine the best av courtroom when they could complete a simple transaction at the window. court case processing to the La Porte court. This process required the duplication of some aspects to facilitate efficiency, while keeping other aspects separate to maintain accurate reporting. Cathy expertly coordinated multiple moving pieces with staff, software providers, outside agencies, other city departments, and other customers. The end result is a very effective model that will be used as a blueprint for other cities and courts across the state. Cathy managed all of these programs and many more in what was a record setting year for the court in terms of volume. Cathy is described as a positive role model, always in a good mood, fair, encouraging, always ready to help, and the best Court Administrator I have worked with in my 20 year career. Please join me in congratulating Cathy Haney as the 2015 Manager of the Year. Council Agenda Item Council Agenda Item February 22, 2016 February 22, 2016 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding minutes of the City Council meeting held on Consider approval or other action regarding minutes of the City Council meeting held on (a) February 8, 2016 February 8, 2016 -- P. Fogarty P. Fogarty Consider approval or other action authorizing the City Manager to execute a contract with Gulf Consider approval or other action authorizing the City Manager to execute a contract with Gulf (b) States Protective Coatings in the amount of $273,025.00 and a project contingency of States Protective Coatings in the amount of $273,025.00 and a project contingency of $24,000.00 for a total project cost of $297,025.00 $24,000.00 for a total project cost of $297,025.00 -- S. Valiante S. Valiante Consider approval or other action authorizing the City Manager to execute a threeConsider approval or other action authorizing the City Manager to execute a three-year (c) contract with the Bay Area Houston Economic Partnership contract with the Bay Area Houston Economic Partnership -- S. Livingston S. Livingston Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and (d)(d) Vehicles" of the City Code of Ordinances, to change speed limit on Wharton Weems Blvd. Vehicles" of the City Code of Ordinances, to change speed limit on Wharton Weems Blvd. - T. LeachT. Leach Consider approval or other action regarding a community cooperation project (new entryway Consider approval or other action regarding a community cooperation project (new entryway (e) sign) with Bay Point Townhome Homeowners Associationsign) with Bay Point Townhome Homeowners Association-- T. Leach T. Leach ****************************************************************** ****************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem DANNY EARP Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE FEBRUARY 8, 2016 Monday February 8, 2016, The City Council of the City of La Porte met in a regular meeting on at the City Hall 6:00 p.m Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Engelken, Earp, Zemanek, Kaminski, K. Martin, J. Martin and Leonard. Absent: Councilmember Clausen. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Clark Askins. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition Retirement of Sgt. Steven Ermel (City of La Porte Police Department) Mayor Rigby Mayor Rigby recognized Steven Ermel for 22 years of services with the City of La Porte. (b) Recognition Retirement of Lt. Gary Rice (City of La Porte Police Department) Mayor Rigby Mayor Rigby recognized Gary Rice for 42 years of services with the City of La Porte. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia St., addressed Council and suggested artwork/design of Emily West for the Main Street elevated water tank. th Charlie Perry, 127 N. 4 St., addressed Council and reminded them of Black History Month and invited everyone to the Soul Food Cook-off Friday, February 12, 2016, and the Home Grown Black Educators Celebration on Friday, February 27, 2016, at the Jennie Riley Community Center. Claus Nielsen, 3101 S. Broadway, addressed Council and requested Windsail Bay Apartments be saved, he would buy them, and reinvest in the City. 13 Page of February 8, 2016, Council Meeting Minutes 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 11, 2016 P. Fogarty (b) Consider approval or other action awarding Bid No. 16006 for Tractors and Mowers D. Pennell (c) Consider approval or other action regarding an Ordinance vacating, abandoning and closing the -Of-Way and repealing Ordinance No. 2006-2890 T. Tietjens (d) Consider approval or other action regarding a Resolution adopting Civil Rights Policies and forms for the Historic Colored School T. Tietjens (e) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2015-2016 Budget M. Dolby Councilmember Engelken moved to approve Consent Agenda items pursuant to staff MOTION PASSED UNANIMOUSLY 8/0. recommendations. Councilmember Leonard seconded. Councilmember Clausen was absent. Ordinance 2015-3622: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE -OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2015-3623 Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AN AMENDMENT TO THER BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016; FINDING THAT ALL THINGS REQUISTE AND NECESSARY HAVE BEEN DONE IN PREPARTION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action City Code of Ordinances, to change speed limit change on S. Broadway from N. Forrest Avenue to Wharton Weems and on Wharton Weems to SH 146 T. Leach Assistant City Manager Traci Leach presented a summary. Councilmember Leonard moved to bring back an Ordinance at the next meeting for 45 mph on Wharton MOTION PASSED UNANIMOUSLY 8/0. Weems. Councilmember J. Martin seconded. Councilmember Clausen was absent. 8. REPORTS (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken 23 Page of February 8, 2016, Council Meeting Minutes Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting held prior to the City Council Meeting. 9. ADMINISTRATIVE REPORTS City Manager Corby Alexander sent kudos to retirees Gary Rice and Steven Ermel and reported the City received a ruling in its favor on the trucking lawsuit. Mr. Alexander commented the court relied heavily on the testimonies of Police Chief Ken Adcox and Planning and Development Director Tim Tietjens. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Earp congratulated retirees Gary Rice and Steven Ermel and reported the performance Porte High School was great; Councilmember J. Martin congratulated retirees Gary Rice and Steven Ermel; Councilmember K. Martin congratulated retirees Gary Rice and Steven Ermel; reminded everyone of Mardi Gras on Main Street; Councilmember Kaminski congratulated retirees Gary Rice and Steven Ermel; asked everyone to attend the Soul Food Cook-off and thanked Police Chief Ken Adcox and Planning and Development Director Tim Tietjens for their testimonies; Councilmember Zemanek congratulated retirees Gary Rice and Steven Ermel and commented he would like to see the City meet with Harris County to move forward with the study on Fairmont Parkway; Councilmember Leonard congratulated retirees Gary Rice and Steven Ermel; Councilmember Engelken congratulated retirees Gary Rice and Steven Ermel and requested City Manager Corby Alexander provide an update on the grant for Fairmont Parkway; and Mayor Rigby congratulated retirees Gary Rice and Steven Ermel. 11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the MOTION PASSED UNANIMOUSLY. meeting at 6:39 p.m. Councilmember Zemanek seconded. Councilmember Clausen was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on February 22, 2016. ________________________________ Mayor Louis R. Rigby 33 Page of February 8, 2016, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 02/22/2016 Source of Funds: Infrastructure Bond Requested By: Sharon Valiante Account Number: 051-7085-533-1100 Department: Public Works Amount Budgeted $475,000 Report: X Resolution: Ordinance Amount Requested $297,025 Exhibits: Bid Tab and Access Report Budgeted Item: YES Exhibits: Engineer’ Recommendation Exhibits Gulf States Bid SUMMARY & RECOMMENDATION The project funded in FY 15-16 CIP provides for interior & exterior painting of the Fairmont elevated water tank. An Engineer’s evaluation in 2013 indicated the interior coating of the Fairmont elevated tank was in need of replacement. The project scope is to sandblast, replace the interior wet and dry riser coatings, to overcoat the exterior coating, and perform minor repairs to the elevated tank structure. In addition, the scope includes an additive bid to furnish material and labor to wash the interior wet area to remove surface contaminants per the technical specifications. The project also includes application of the Council approved logo on both sides of the tank at an allowance of $55,000 (raised from the initial allowance of $25,000 after consultation with council and city staff) and a project contingency of $24,000. There were 28 vendors/agencies that accessed the bid document and 12 vendors that bid the project. The base bids ranged from $117,400 – $425,000. Dunham Engineering, Inc., the City’s engineering firm that designed the rehab, reviewed the bids and prepared a recommendation letter. The lowest bidder, TankEZ, did not include dehumidifying the tank, which is a substantial task in the project, and Tank EZ requested the bid be withdrawn. The next low bidder, Gulf States Protective Coatings, Inc. (GSPCI) submitted a base bid of $228,025 and $15,000 for the Additive Bid is acceptable as presented. The following is a summary of the bid tabulation as bid: (A more detailed version is available as an attachment/exhibit) Section1BASEBIDITEMSTotalBaseBidAdditive1BidTotalBid TankEZCoatings,Inc.$117,400.00$3,500.00$120,900.00 GulfStatesProtectiveCoatings,Inc.$228,025.00$15,000.00$243,025.00 UtilityServiceCo.,Inc.$242,200.00$2,500.00$244,700.00 MKPainting,Inc.$265,000.00$5,000.00$270,000.00 NGPainting,LP$304,000.00nobid$304,000.00 NovaPainting,LLC$335,000.00$5,000.00$340,000.00 TMICoatings,Inc.$338,500.00$15,000.00$353,500.00 BlastcoTexas,Inc.$341,000.00nobid$341,000.00 A&MConstructionandUtilities,Inc.$350,000.00nobid$350,000.00 PrincipleIndustrialService,LLC$390,000.00$600.00$390,600.00 H2OSteel$399,500.00$25,000.00$424,500.00 EJChrisContracting,Inc.$425,000.00$20,000.00$445,000.00 note:basebidincludes$25,000allowanceforlogopainting Staff recommends award of the contract to Gulf States Protective Coatings (GSPCI), the lowest responsive bidder, in the amount of $243,025 with an additional change to the allowance for the logo application at $30,000, for a total base bid of $273,025 and a project contingency of $24,000 (8.79%), for a total authorization of $297,025. Additive bid item 1 may likely be used during construction and is included in the project costs. GSPCI is an experienced water tank rehabilitation contractor that is capable of completing the project in a timely and professional manner. Benefits: The existing tank structure is in good condition overall. The new interior coating will protect the welded steel tank interior from corrosion. Minor repairs and exterior coating will extend the service life of the structure and enhance the appearance of the water tower. Liabilities: The interior coating is no longer providing adequate protection to the steel. Operating Costs: No change Other Considerations: Over-coating the exterior now eliminates the added expense of exterior shrouding to conduct sandblasting down to bare steel. Action Required by Council: Consider approval or other action to authorize City Manager to enter into a contract with Gulf States Protective Coatings in the amount of $273,025 and a project contingency of $24,000 for a total project cost of $297,025. Approved for City Council Agenda Corby D. Alexander, City Manager Date $149,000.00$140,000.00$111,000.00$25,000.00$425,000.00$20,000.00 Contracting, EJ Chris Price Inc. no bidno bid $45,000.00$25,000.00$25,000.00 $194,500.00$135,000.00$399,500.00 H2O Steel Price no bidno bid $225,000.00$60,000.00$80,000.00$25,000.00$390,000.00$600.00 Principle Industrial Services, LLC Price no bidno bid $110,000.00$140,000.00$75,000.00$25,000.00$350,000.00 Construction and Utilities, A&M Price Inc. no bidno bidno bid Bid Tabulation to Sealed Bid #16004 - Fairmont Park Elevated Water Tank Rehabilitation Project $120,000.00$110,000.00$86,000.00$25,000.00$341,000.00 Blastco Texas, Inc. Price no bidno bidno bid $158,500.00$95,000.00$60,000.00$25,000.00$338,500.00$15,000.00 TMI Coatings, Price Inc. no bidno bid $150,000.00$100,000.00$60,000.00$25,000.00$335,000.00$5,000.00-5000 Painting, LLC Nova Price no bid $100,000.00$140,000.00$39,000.00$25,000.00$304,000.00$5,000.00 Painting, LP Price no bidno bid NG $100,000.00$100,000.00$40,000.00$25,000.00$265,000.00 MK Painting, Price Inc. no bidno bidno bid $114,000.00$67,000.00$36,200.00$25,000.00$242,200.00$2,500.00 Utility Service Co., Inc. Price no bidno bid $100,815.00$53,750.00$48,460.00$25,000.00$228,025.00$15,000.00 Gulf States Protective Coatings, Inc. Price no bidno bid $51,000.00$30,800.00$31,100.00$4,500.00$117,400.00$3,500.00 Coatings, Inc. TankEZ Price no bidno bid LSLSLSLS No. of Units LSLS interior wet and dry area coatings for a lump exterior coating per the technical specifications elevated tank per the technical specifications Furnish material and labor to install the logo Furnish material and labor to wash the interior wet area to remove surface contaminants per the technical specifications for a lump sum of Furnish material and labor to over-coat the on the tank for a lump sum not to exceed Alternate Bid - Add or Deduct Furnish material and labor to replace the technical specificaitons for a lump sum of Furnish alternate coating system per the Furnish material and labor to repair the Section 1 - BASE BID ITEMS Additive No. 1 for a lump sum offor a lump sum of Total Base Bid Description $25,000.00 Deduct: sum of Add: 1234 Item No. TT rk Wate2016-01-07 03:01 PM CSrk Wate2015-12-21 09:34 AM CS Bid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdfBid 16004 Fairmont Park Water Tank Rehab Final.pdf ect j Bid TitleFairmont Park Elevated Water Tank Rehabilitation Pro Bid 16004 Fairmont PaBid 16004 Fairmont Pa s t ocumen D me TTTTTTTTTTTTTTTTTTTTTTTTTTTT K2 Services, LLC2015-12-10 10:41 AM CSBidClerk2015-12-11 02:47 AM CSDodge Data & Analytics2015-12-15 01:13 PM CS2015-12-14 11:12 AM CS2015-12-11 02:10 AM CSJEBCO inc.2015-12-28 08:24 AM CSTank Pro, Inc.2015-12-17 08:26 AM CSUtility Service Group2015-12-10 03:58 PM CSI Sqft Plan Room2015-12-10 10:06 PM CSTankez Coatings, Inc.2015-12-16 02:23 PM CSPerkens WS Corporation2015-12-14 01:18 AM CSIMS2015-12-11 12:22 PM CSNova Painting LLC2016-01-07 02:56 PM CS2016-01-06 03:33 PM CS2015-12-10 12:57 PM CSUtility Service Co Inc2015-12-18 01:07 PM CS2015-12-16 01:12 PM CSISQFT2015-12-11 11:39 AM CSNorth America Procurement Council2015-12-10 07:52 PM CSD.E.M Enterprises LLC.2015-12-30 03:03 PM CSBlastco Texas, Inc.2015-12-10 01:51 PM CS2015-12-21 09:29 AM CS2015-12-30 03:41 PM CSTMI Coatings, Inc.2015-12-23 10:28 AM CS2015-12-14 04:58 PM CSD&M Tank LLC2016-01-06 11:52 AM CSClassic Protective Coatings, Inc.2016-01-06 10:57 AM CSOnvia2015-12-10 02:27 PM CS Ti ) TX t ( rs La Porte Fi d ccesse f 16004 o y it A C The Blue Book Building & Constructi Preferred Tank & Tower Maintenanc Pittsburg Tank & Tower Maintenanc eoe ame C H2O Steel Contractors, LL Newman Regency Grou p Southern Road & Bridg e N or ccess Report d Hearn Compan y en Clean Harbor Bid Numbe s r V y enc Ag A REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 038038 Scott D. LivingstonScott D. LivingstonSource of Funds:Source of Funds: Requested By:Requested By: 038.6030.565.3001038.6030.565.3001 Economic Economic Account Number:Account Number: Department:Department: Development/TourismDevelopment/Tourism $20,000.00$20,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount $20,000.00$20,000.00 Requested:Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. BAHEP Contract for Services, 2016 BAHEP Contract for Services, 2016--20182018 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The previous contract for services with the Bay Area Houston Economic Partnership (BAHEP) expired The previous contract for services with the Bay Area Houston Economic Partnership (BAHEP) expired December 31, 2015.  The new contract, which is identical to the previous contract, is for a period of December 31, 2015.  The new contract, which is identical to the previous contract, is for a period of three years, beginning 1 January 2016 and ending 31 December 2018.  The scope of services in the three years, beginning 1 January 2016 and ending 31 December 2018.  The scope of services in the new contract is similar to what BAHEP completed during the previous services agreement.  The annual new contract is similar to what BAHEP completed during the previous services agreement.  The annual membership cost of $20,000 is an approved expenditure in the La Porte Development Corporationmembership cost of $20,000 is an approved expenditure in the La Porte Development Corporation’s FY 2016 Budget.2016 Budget. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute a new, three year contract Consider approval or other action authorizing the City Manager to execute a new, three year contract with the Bay Area Houston Economic Partnership.with the Bay Area Houston Economic Partnership. 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 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Traci E. LeachTraci E. Leach Requested By:Requested By: Account Number:Account Number: AdministrationAdministration Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Marked Up Ordinance Marked Up Ordinance 2. Clean Ordinance Clean Ordinance 3. TXDot Speed Study TXDot Speed Study SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the February 8, 2016 Council meeting, staff received direction to present an ordinance that would At the February 8, 2016 Council meeting, staff received direction to present an ordinance that would reduce the speed limit of Wharton Weems Boulevard from SH 146 to S. Broadway from 55 mph to 45 reduce the speed limit of Wharton Weems Boulevard from SH 146 to S. Broadway from 55 mph to 45 mph.  This speed limit reduction is supported by a TXDOT speed study. mph.  This speed limit reduction is supported by a TXDOT speed study.  Staff recommends approval of this ordinance.Staff recommends approval of this ordinance. Action Required of Council:Action Required of Council: Consider approval or other action amending Chapter 70 Consider approval or other action amending Chapter 70 ““Traffic and vehiclesTraffic and vehicles””of the Code of of the Code of Ordinances by altering the prima facie speed limits established for vehicles under the provisions of Ordinances by altering the prima facie speed limits established for vehicles under the provisions of Section 545.356, Texas Transportation Code, upon certain streets and highways, or parts thereof, Section 545.356, Texas Transportation Code, upon certain streets and highways, or parts thereof, within the corporate limit of the City of La Porte.within the corporate limit of the City of La Porte. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. ___ AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : Limits, Section 70-orty- Five and Section 70-Fifty-Five of the Code of Ordinances, La Porte, Texas, are hereby amended, to read as follows: Sec. 70-104. Forty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; and (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles. (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles. (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles. (8) Along BS 146 D (Wharton Weems Blvd.) from South Broadway Street to SH 146, a distance of approximately 0.672 miles. Section 2 : 70-106 Fifty-five mile per hour z of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: -106. - Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1)Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 (2)Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Section 3 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 2 Section 7 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the______ day of FEBRUARY, 2016. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: City Attorney 3 (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles. (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles. (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles. (8) Along BS 146 D (Wharton Weems Blvd.) from South Broadway Street to SH 146, a distance of approximately 0.672 miles. Section 2 : 70-106 Fifty-five mile per hour z of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: -106. - Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Section 3 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at 2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 015015 Traci E. LeachTraci E. LeachSource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: AdministrationAdministration Department:Department: $20,000.00$20,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $5,000.00$5,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Bay Point Townhome MOA Bay Point Townhome MOA 2. Current Bay Point Towhhome Sign Current Bay Point Towhhome Sign 3. Proposed New Sign Proposed New Sign SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS As part of the FY 2016 budget, the Council approved funding for Community CoAs part of the FY 2016 budget, the Council approved funding for Community Co--op projects, where the op projects, where the City would partner with HOAs and other neighborhood groups to complete small beautification and City would partner with HOAs and other neighborhood groups to complete small beautification and quality of life projects.  A total of $20,000 was budgeted with a maximum City contribution per project of quality of life projects.  A total of $20,000 was budgeted with a maximum City contribution per project of $5,000.  All projects would be considered on a first come, first served basis.  Bayside terrace HOA and $5,000.  All projects would be considered on a first come, first served basis.  Bayside terrace HOA and Fairmont Park HOAs have completed projects this year. Fairmont Park HOAs have completed projects this year.  A quote has been obtained for a new entryway sign along SH 146 and Gardenwalk.  The sign will be A quote has been obtained for a new entryway sign along SH 146 and Gardenwalk.  The sign will be approximately 48" tall x 96" wide x 3" deep (two panels back to back) custom routed high density approximately 48" tall x 96" wide x 3" deep (two panels back to back) custom routed high density urethane foam sign to include:urethane foam sign to include: -- Two (2) 1.5" thick HDU panels seamed together Two (2) 1.5" thick HDU panels seamed together Two (2) 1.5" thick HDU panels seamed together Two (2) 1.5" thick HDU panels seamed together - Precision routed to custom design Precision routed to custom design - Sandblasted to mimic real wood (if applicable) Sandblasted to mimic real wood (if applicable) - Custom paint applied and finished with a two part hard acrylic coating that dries to a rock hard finish  Custom paint applied and finished with a two part hard acrylic coating that dries to a rock hard finish  The total project cost is estimated to be $9,249.02.  The HOA will contribute $4,249.02 towards the cost The total project cost is estimated to be $9,249.02.  The HOA will contribute $4,249.02 towards the cost of the project and the Cityof the project and the City’’s share would be an amount not to exceed $5,000.  The HOA would handle all s share would be an amount not to exceed $5,000.  The HOA would handle all logistics, scheduling, and oversight of installation of the new sign.     logistics, scheduling, and oversight of installation of the new sign.      As this would not be an addition to a CityAs this would not be an addition to a City--owned and maintained facility, the onowned and maintained facility, the on--going maintenance going maintenance responsibility would lie with the Bay Point Townhome HOA. responsibility would lie with the Bay Point Townhome HOA.  Action Required of Council:Action Required of Council: Consider approval or other action of a community cooperation project (new entryway sign) with Bay Consider approval or other action of a community cooperation project (new entryway sign) with Bay Point Townhome HOA.Point Townhome HOA. 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 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Eric EnseyEric EnseySource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. P&Z Recommendation Letter P&Z Recommendation Letter 3. Existing vs. Proposed Future Land Use Existing vs. Proposed Future Land Use Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS This item is a request for consideration to amend the cityThis item is a request for consideration to amend the city’’s Future Land Use Plan (FLUP) in conjunction s Future Land Use Plan (FLUP) in conjunction with zone change request #15with zone change request #15--92000003 by Bayway Homes Inc. to rezone Lots 192000003 by Bayway Homes Inc. to rezone Lots 1--8, Block 108, Town of 8, Block 108, Town of La Porte Subdivision from General Commercial (GC) to Medium Density Residential (RLa Porte Subdivision from General Commercial (GC) to Medium Density Residential (R--2). The city2). The city’s FLUP is an element of the Comprehensive Plan. The city may elect, from time to time, to amend the FLUP is an element of the Comprehensive Plan. The city may elect, from time to time, to amend the FLUP following public hearing by the City Council.  FLUP following public hearing by the City Council.   The city’s FLUP identifies the subject property as s FLUP identifies the subject property as ““CommercialCommercial””land use. In order to accommodate the land use. In order to accommodate the proposed zone change request and allow the applicant to develop four detached single family residential proposed zone change request and allow the applicant to develop four detached single family residential houses as the applicant desires, the FLUP would need to be amended to allow for houses as the applicant desires, the FLUP would need to be amended to allow for ““Low Density Low Density Residential”use.  use.   The Planning and Zoning Commission reviewed this request at the January 21, 2016, meeting and voted The Planning and Zoning Commission reviewed this request at the January 21, 2016, meeting and voted to recommend approval of the proposed modifications to the Future Land Use Plan.to recommend approval of the proposed modifications to the Future Land Use Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the Cityto approve an Ordinance amending the City’’s Future Land Use Plan for a 0.57 acre tract at the s Future Land Use Plan for a 0.57 acre tract at the stst corner of N. 1corner of N. 1 Street and E St., described as Lots 1 Street and E St., described as Lots 1--8, Block 108, Town of La Porte Subdivision, 8, Block 108, Town of La Porte Subdivision, from “CommercialCommercial””use to use to ““Low Density ResidentialLow Density Residential””use.use. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate PROPOSED FUTURE LAND USE EXISTING FUTURE LAND USE 349350349350 LVDLVD CUT BCUT B URS URS ARBOARBO W BW B 436436 327327 328328 PROPERTY PROPERTY LOCATION LOCATION 435435 107107 108 108 W MADISON STW MADISON ST 418418 8585 8686 W TYW T LER SYLER ST T 83844178384417 TT S SS S AMAM AD AD WW Legend LOW-DENSITY RESIDENTIAL 411411 COMMERCIAL 62616261 MAIN STREET BUSINESS INDUSTRIAL LIGHT INDUSTRIAL 182 182 PUBLIC / INSTITUTIONAL WW PO PO LK LK STST 181181 LA PORTE CITY LIMITS 59605960 1 inch = 300 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Eric EnseyEric EnseySource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. P&Z Recommendation Letter P&Z Recommendation Letter 3. Applicant Information and Request Applicant Information and Request 4. Neighborhood Response Letters Neighborhood Response Letters 5. Land Use Map Land Use Map 6. Zoning Map Zoning Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant (Bayway Homes Inc.) owns eight (8) lots in the Northside area and is requesting The applicant (Bayway Homes Inc.) owns eight (8) lots in the Northside area and is requesting consideration of the proposed zone change from General Commercial (GC) to Medium Density consideration of the proposed zone change from General Commercial (GC) to Medium Density Residential (RResidential (R--2) to allow for construction of four (4) single family detached houses on those lots. The 2) to allow for construction of four (4) single family detached houses on those lots. The legal description of the subject property is Lots 1legal description of the subject property is Lots 1--8, Block 108, Town of La Porte Subdivision, Harris 8, Block 108, Town of La Porte Subdivision, Harris stst County, Texas. The subject site is located at the southeast corner of N. 1County, Texas. The subject site is located at the southeast corner of N. 1 Street and the unimproved E Street and the unimproved E Street right-ofof--way. The site is vacant and undeveloped.way. The site is vacant and undeveloped.   The Planning and Zoning Commission conducted a public hearing concerning this request at the The Planning and Zoning Commission conducted a public hearing concerning this request at the January 21, 2016, meeting. There were a total of four responses received from surrounding property January 21, 2016, meeting. There were a total of four responses received from surrounding property January 21, 2016, meeting. There were a total of four responses received from surrounding property January 21, 2016, meeting. There were a total of four responses received from surrounding property owners, three in opposition and one in support. After conducting a public hearing on the matter, the owners, three in opposition and one in support. After conducting a public hearing on the matter, the Commission voted to recommend approval of the proposed zone change.Commission voted to recommend approval of the proposed zone change. The Commission found that the proposed zone change is consistent with the development pattern on The Commission found that the proposed zone change is consistent with the development pattern on stst the west side of N. 1the west side of N. 1 Street, which is zoned R Street, which is zoned R--2. Further, they acknowledged that traffic generated on 2. Further, they acknowledged that traffic generated on st N. 1 Street isn Street isn’’t ideal for commercial development. Generally, commercial development prefers t ideal for commercial development. Generally, commercial development prefers visibility from major street corridors. The Commission discussed revisibility from major street corridors. The Commission discussed re--evaluating the potential of rezoning evaluating the potential of rezoning stst all properties on the east side of N. 1all properties on the east side of N. 1 Street in the Northside area to residential as part of the upcoming Street in the Northside area to residential as part of the upcoming Comprehensive Plan Update. Comprehensive Plan Update.  This proposed zoned change includes only Lots 1This proposed zoned change includes only Lots 1--8, Block 108, which is half of the block that fronts N. 8, Block 108, which is half of the block that fronts N. ststst 1 Street. Staff sent notice to the owners of the remaining lots on the east side of N. 1 Street. Staff sent notice to the owners of the remaining lots on the east side of N. 1 Street (Lots 9 Street (Lots 9- 16, Block 108) to see if there was interest in participating in the zone change request, as it would be 16, Block 108) to see if there was interest in participating in the zone change request, as it would be better to rezone the entire half of the block (Lots 1better to rezone the entire half of the block (Lots 1--16); however, those property owners were not 16); however, those property owners were not interested in participating. interested in participating.  The subject site is currently zoned General Commercial (GC) and the CityThe subject site is currently zoned General Commercial (GC) and the City’’s adopted Future Land Use s adopted Future Land Use Map identifies it as General Commercial use. The subject lots were zoned GC as part of the Ordinance Map identifies it as General Commercial use. The subject lots were zoned GC as part of the Ordinance 1501 zoning modifications in 1987. The rezoning of the subject properties to GC requires an 1501 zoning modifications in 1987. The rezoning of the subject properties to GC requires an amendment to the cityamendment to the city’’s Future Land Use Plan, which is also presented on this agenda.s Future Land Use Plan, which is also presented on this agenda. 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 Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance to approve zone change request #15to approve an ordinance to approve zone change request #15--92000003, for the rezoning of a 92000003, for the rezoning of a stst 0.57 acre tract at the corner of N. 10.57 acre tract at the corner of N. 1 St. and E St., described as Lots 1 St. and E St., described as Lots 1--8, Block 108, Town of 8, Block 108, Town of La Porte Subdivision from General Commercial (GC) to Medium Density Residential (RLa Porte Subdivision from General Commercial (GC) to Medium Density Residential (R--2).2). Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate PROPOSED FUTURE LAND USE EXISTING FUTURE LAND USE 349350349350 LVDLVD CUT BCUT B URS URS ARBOARBO W BW B 436436 327327 328328 PROPERTY PROPERTY LOCATION LOCATION 435435 107107 108 108 W MADISON STW MADISON ST 418418 8585 8686 W TYW T LER SYLER ST T 83844178384417 TT S SS S AMAM AD AD WW Legend LOW-DENSITY RESIDENTIAL 411411 COMMERCIAL 62616261 MAIN STREET BUSINESS INDUSTRIAL LIGHT INDUSTRIAL 182 182 PUBLIC / INSTITUTIONAL WW PO PO LK LK STST 181181 LA PORTE CITY LIMITS 59605960 1 inch = 300 feet AREA MAP HI PUD LI VD CUT BL OURS BARB E LVD W BARBOURS CUT B PUD BI PROPOSED REZONE FROM GC TO R-2 BI BI R-2 W MAD ISON ST PUD GC LEGEND R-2 ZONING DISTRICT T R S YLE W T LOW-DENSITY RESIDENTIAL R-1 MED-DENSITY RESIDENTIAL GENERAL COMMERCIAL BUSINESS INDUSTRIAL LIGHT INDUSTRIAL HEAVY INDUSTRIAL MAIN ST. DISTRICT S ST ADAM W PLANNED UNIT DEVELOPMENT GC MSD CITY_LIMITS 1 inch = 300 feet SUBJECT TRACT REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Eric EnseyEric EnseySource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. Existing vs. Proposed Future Land Use Existing vs. Proposed Future Land Use Map 3. P&Z Recommendation Letter P&Z Recommendation Letter SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant has one item remaining to resolve before the City Council considers the request The applicant has one item remaining to resolve before the City Council considers the request associated with some drainage concerns addressed by the neighbors at the Planning and Zoning associated with some drainage concerns addressed by the neighbors at the Planning and Zoning Commission public hearing. As a result, staff recommends the City Council open the public hearing for Commission public hearing. As a result, staff recommends the City Council open the public hearing for this item and continue it to the next City Council meeting on March 14, 2016. this item and continue it to the next City Council meeting on March 14, 2016.  This item is a request for consideration to amend the cityThis item is a request for consideration to amend the city’’s Future Land Use Plan (FLUP) in conjunction s Future Land Use Plan (FLUP) in conjunction with zone change request #15with zone change request #15--92000004 by Warwick Homes Inc. to rezone Reserve B and C, Block 1, 92000004 by Warwick Homes Inc. to rezone Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from Neighborhood Commercial (NC) to General Commercial (GC). The cityJones Survey from Neighborhood Commercial (NC) to General Commercial (GC). The city’’s FLUP is s FLUP is an element of the Comprehensive Plan. The city may elect, from time to time, to amend the FLUP an element of the Comprehensive Plan. The city may elect, from time to time, to amend the FLUP following public hearing by the City Council.  following public hearing by the City Council.  following public hearing by the City Council.  following public hearing by the City Council.   The city’s Future Land Use Plan (FLUP) identifies the subject property as s Future Land Use Plan (FLUP) identifies the subject property as ““Neighborhood CommercialNeighborhood Commercial” land use. In order to accommodate the proposed zone change request, the FLUP would need to be land use. In order to accommodate the proposed zone change request, the FLUP would need to be amended to allow for amended to allow for ““CommercialCommercial””use.  use.   The Planning and Zoning Commission reviewed this request at the January 21, 2016, meeting and voted The Planning and Zoning Commission reviewed this request at the January 21, 2016, meeting and voted to recommend approval of the proposed modifications to the Future Land Use Plan.to recommend approval of the proposed modifications to the Future Land Use Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the Cityto approve an Ordinance amending the City’’s Future Land Use Plan for a 3.9 acre tract located s Future Land Use Plan for a 3.9 acre tract located north of Fairmont Parkway near Willmond Road, described as Reserve B and C, Block 1, north of Fairmont Parkway near Willmond Road, described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from William Jones Survey from ““Neighborhood CommercialNeighborhood Commercial””use to use to ““CommercialCommercial””use.use. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate PROPOSED FUTURE LAND USE EXISTING FUTURE LAND USE 21 21 32 32 CK RD IC RO RUST CK RD IC RO RUST 23 23 35 35 39 39 SHELL ROCK RD SHELL ROCK RD 38 38 24 24 4141 PROPERTY 41 41 PROPERTY LOCATION LOCATION 39 39 46 46 40 45 45 47 47 47 473 2 3 2 44 44 39 39 39 39 43 43 FAIR MONT PKWY FAIR MONT PKWY BAYPORT INDUSTRIALBAYPORT INDUSTRIAL DISTRICTDISTRICT Legend LOW-DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMERCIAL PARKS AND OPEN SPACE LA PORTE CITY LIMITS 1 inch = 400 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Eric EnseyEric EnseySource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance 2. P&Z Recommendation Letter P&Z Recommendation Letter 3. Applicant Information and Request Applicant Information and Request 4. Neighborhood Response Letters Neighborhood Response Letters 5. Land Use Map Land Use Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant has one item remaining to resolve before the City Council considers the request The applicant has one item remaining to resolve before the City Council considers the request associated with some drainage concerns addressed by the neighbors at the Planning and Zoning associated with some drainage concerns addressed by the neighbors at the Planning and Zoning Commission public hearing. As a result, staff recommends the City Council open the public hearing for Commission public hearing. As a result, staff recommends the City Council open the public hearing for this item and continue it to the next City Council meeting on March 14, 2016. this item and continue it to the next City Council meeting on March 14, 2016.  The applicant in this case is Warwick Homes Inc. and by extension, the City of La Porte. Warwick The applicant in this case is Warwick Homes Inc. and by extension, the City of La Porte. Warwick Homes owns approximately 3.4 acres of undeveloped land legally described as Reserve B and C, Block Homes owns approximately 3.4 acres of undeveloped land legally described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision, and initiated this zone change request. The City of 1, Willmont Commercial Park Amended Subdivision, and initiated this zone change request. The City of La Porte owns a lift station tract adjacent to the Warwick site that is approximately 0.5 acres in size and La Porte owns a lift station tract adjacent to the Warwick site that is approximately 0.5 acres in size and is legally known as Tract 3 Treat Plant Site, Abstract 482, William Jones Survey. The subject sites are is legally known as Tract 3 Treat Plant Site, Abstract 482, William Jones Survey. The subject sites are is legally known as Tract 3 Treat Plant Site, Abstract 482, William Jones Survey. The subject sites are is legally known as Tract 3 Treat Plant Site, Abstract 482, William Jones Survey. The subject sites are located on the north side of Fairmont Parkway between Big Island Slough and Willmont Road. The located on the north side of Fairmont Parkway between Big Island Slough and Willmont Road. The Warwick site is vacant and undeveloped and the City of La Porte site contains a sanitary sewer lift Warwick site is vacant and undeveloped and the City of La Porte site contains a sanitary sewer lift station, which will remain. The request is for consideration of a zone change request from station, which will remain. The request is for consideration of a zone change request from Neighborhood Commercial (NC) to General Commercial (GC) for both sites. Neighborhood Commercial (NC) to General Commercial (GC) for both sites.  The Planning and Zoning Commission conducted a public hearing at the January 21, 2016, meeting The Planning and Zoning Commission conducted a public hearing at the January 21, 2016, meeting concerning this request. There were a total of five responses received from surrounding property concerning this request. There were a total of five responses received from surrounding property owners, four in opposition and one in support. Additionally, residents from the surrounding Fairmont owners, four in opposition and one in support. Additionally, residents from the surrounding Fairmont Park West Subdivision to the north of the proposed zone change spoke at the meeting and expressed Park West Subdivision to the north of the proposed zone change spoke at the meeting and expressed some concern for the zone change. After conducting a public hearing on the matter, the Commission some concern for the zone change. After conducting a public hearing on the matter, the Commission voted to recommend approval of the proposed zone change. voted to recommend approval of the proposed zone change.  As currently zoned, the subject site could develop with commercial uses allowed in the NC zone district. As currently zoned, the subject site could develop with commercial uses allowed in the NC zone district. The applicant has indicated that they have had a difficult time selling the land as it is currently zoned. The applicant has indicated that they have had a difficult time selling the land as it is currently zoned. The NC district is the most restrictive commercial district in the city and is limited generally to less The NC district is the most restrictive commercial district in the city and is limited generally to less intense commercial uses such as retail and food establishments but not uses such as professional intense commercial uses such as retail and food establishments but not uses such as professional offices. If the zone change were to be approved, then those uses permitted in the GC district would be offices. If the zone change were to be approved, then those uses permitted in the GC district would be permitted on this site. permitted on this site.  The proposed rezone would be consistent in terms of density with the surrounding commercial The proposed rezone would be consistent in terms of density with the surrounding commercial development on Fairmont Parkway and will provide a transition of uses from the industrial Bayport development on Fairmont Parkway and will provide a transition of uses from the industrial Bayport Industrial District on the south side of Fairmont Parkway to the adjacent residential subdivision to the Industrial District on the south side of Fairmont Parkway to the adjacent residential subdivision to the north. As with all other commercial development adjacent to residential development, screening will be north. As with all other commercial development adjacent to residential development, screening will be required in conformance with applicable code provisions. required in conformance with applicable code provisions.  While this request is to change allowable land use from NC to GC, much of the public While this request is to change allowable land use from NC to GC, much of the public comment at the comment at the Planning and Zoning Commission meeting focused on a drainage issue in the area caused by some fill Planning and Zoning Commission meeting focused on a drainage issue in the area caused by some fill dirt added to the Warwick site. Staff acknowledges the drainage issue and is working with the property dirt added to the Warwick site. Staff acknowledges the drainage issue and is working with the property owner to cause remedy to the situation. The applicant has indicated that the issue should be resolved owner to cause remedy to the situation. The applicant has indicated that the issue should be resolved by the date of the City Council meeting on this zone change request. Future development of the site will by the date of the City Council meeting on this zone change request. Future development of the site will be required to comply with all applicable drainage requirements and will be reviewed at the time of site be required to comply with all applicable drainage requirements and will be reviewed at the time of site plan submittal.  plan submittal.   The subject site is currently zoned Neighborhood Commercial (NC) and the CityThe subject site is currently zoned Neighborhood Commercial (NC) and the City’’s adopted Future Land s adopted Future Land Use Map identifies it as Neighborhood Commercial use. The rezoning of the subject properties to GC Use Map identifies it as Neighborhood Commercial use. The rezoning of the subject properties to GC requires an amendment to the cityrequires an amendment to the city’’s Future Land Use Plan, which is also presented on this agenda.s Future Land Use Plan, which is also presented on this agenda. 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 Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance to approve zone change request #15to approve an ordinance to approve zone change request #15--92000004, to rezone a 3.9 acre 92000004, to rezone a 3.9 acre tract located north of Fairmont Pkwy. near Willmond Rd., described as Reserve B and C, Block 1, tract located north of Fairmont Pkwy. near Willmond Rd., described as Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision and Tract 3 Treat Plant Site, Abstract 482, Willmont Commercial Park Amended Subdivision and Tract 3 Treat Plant Site, Abstract 482, William Jones Survey from Neighborhood Commercial (NC) to General Commercial (GC).William Jones Survey from Neighborhood Commercial (NC) to General Commercial (GC). Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate PROPOSED FUTURE LAND USE EXISTING FUTURE LAND USE 21 21 32 32 CK RD IC RO RUST CK RD IC RO RUST 23 23 35 35 39 39 SHELL ROCK RD SHELL ROCK RD 38 38 24 24 4141 PROPERTY 41 41 PROPERTY LOCATION LOCATION 39 39 46 46 40 45 45 47 47 47 473 2 3 2 44 44 39 39 39 39 43 43 FAIR MONT PKWY FAIR MONT PKWY BAYPORT INDUSTRIALBAYPORT INDUSTRIAL DISTRICTDISTRICT Legend LOW-DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMERCIAL PARKS AND OPEN SPACE LA PORTE CITY LIMITS 1 inch = 400 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 037037 Jaree HefnerJaree HefnerSource of Funds:Source of Funds: Requested By:Requested By: 037.6063.656.5007037.6063.656.5007 AdministrationAdministrationAccount Number:Account Number: Department:Department: $0$0 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount Other: Council discretionCouncil discretion Requested:Requested: AttachmentsAttachments : : Budgeted Item:Budgeted Item:YESYESNONO 1. HYC Presentation HYC Presentation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Houston Yacht Club is proud to host the 2016 United States Optimist Dingy Sailing Association The Houston Yacht Club is proud to host the 2016 United States Optimist Dingy Sailing Association National Championships. This event establishes the National Champions in the Optimist National Championships. This event establishes the National Champions in the Optimist ““OPTIOPTI””Class Class for Team racing, Girls and Red/Blue/White fleets. The event attracts over 300 of best OPTI sailors in the for Team racing, Girls and Red/Blue/White fleets. The event attracts over 300 of best OPTI sailors in the US and surrounding countries.  The event is scheduled for July 28, 31, 2016.  US and surrounding countries.  The event is scheduled for July 28, 31, 2016.   The City of La Porte participated as a sponsor in 2011.  Staff has received feedback from hoteliers that The City of La Porte participated as a sponsor in 2011.  Staff has received feedback from hoteliers that this event was successful in terms of room nights.  this event was successful in terms of room nights.   Mr. Patrick Gibson, Event Chair and Past Commodore of the Houston Yacht Club, will make a Mr. Patrick Gibson, Event Chair and Past Commodore of the Houston Yacht Club, will make a presentation to the Council. presentation to the Council.  Should the Council desire to participate as a sponsor for this event, there are funds up to $10,000 Should the Council desire to participate as a sponsor for this event, there are funds up to $10,000 available in the current FY16 budget (Community Festivals account) that could be reavailable in the current FY16 budget (Community Festivals account) that could be re--allocated to the allocated to the Other Professional Service account for this event.  Doing so would not eliminate funding for any planned Other Professional Service account for this event.  Doing so would not eliminate funding for any planned event on the books for the current fiscal year, as this account has historically completed the year under event on the books for the current fiscal year, as this account has historically completed the year under budget for each of the past several years.budget for each of the past several years. Action Required of Council:Action Required of Council: Consider approval or other action to participate as a sponsor for the 2016 United States Optimist Dingy Consider approval or other action to participate as a sponsor for the 2016 United States Optimist Dingy Sailing Association National Championships held at the Houston Yacht Club.Sailing Association National Championships held at the Houston Yacht Club. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Hosted by Houston Yacht Club 2016 USODA Opti Nationals Sponsors Package 31 July 22 Opti cool! You have the opportunity to attach your brand as part of the caliber the pursuit of excellence that is the hallmark of the youth sailors We will attract national and world level attention through media This event establishes the National Champions in the Optimist Extensive exposure for your brand will be available through a Houston Yacht Club is proud to host the 2016 United States Optimist Dingy Sailing Association National Championships The event attracts 300+ of best OPTI sailors in the US and these youth sailors demonstrate surrounding countries Introduction variety of channels and web presence that participate The OPTI Village Given the age of the design and the sailors its one of the most prolific boats and sailed around the Exactly the same to ensure the skill of the sailor not Over 150,000 boats world wide and growing These sailors can make these things go Age limited for racing to 15 years old faster than any other boat What is an OPTI? the boat world 85% of the Olympic sailing medalists got their start in the Optimist At an early age OPTI sailing begins to instill important life skills Respect for competitors, adults and race officers What is an OPTI Sailor Respect for the environment Understanding of rules Technical prowess Corinthian spirit Problem Solving Independence Commitment Competition Social skills Fitness Sailors come from more than 20 states with extensive coverage OPTI sailors and their families are in the class an average of 5 OPTI sailors qualify for international teams and compete a from East Coast, Gulf Coast, West Coast and inland lake 1,500 people OPTI Sailors at Nationals Beginners to very advanced capability Usually start at about 8 years old 150,000 sailors in 110 countries With families we expect 1,000 Nationals attracts 300+ entries years and travel extensively variety of other countries locations OPTIS OVERSEAS In Holland Olympic Medalists Follows right on the heels of Texas Youth Race Houston Yacht Club to host the 2016 USODA 31 Championship and Green Fleets 26 Team Racing National Championship July 27 Girls Nationals The Event July 24 July 28 Week Expect participants from more than 20 states and And will patronize local hotels and establishments Parents and Grandparents will be onsite Team race, girls and championship fleet 3 individual nationals events Green fleet for newest sailors Media and web presence We expect +300 sailors over 5 countries HYC and the bay offers a excellent racing venue, harbor and shore based facility Local development offers ample lodging and entertainment options if needed. Energized volunteers are the key and our area has proven its cooperative spirit Expect +300 race boats/dollies; with associated family members, vehicles, People in the class have enjoyed events in the bay area before A major undertaking and worth it Bay area sailors have been traveling extensively These families have seen these regattas in action HYC staff and membership are committed coaches/boats, charter boat companies Exposure for HYC, Galveston Bay area Area race management capability Sound like fun?!! The Reward! 2011 Sponsors Support positive aspects that go with youth Numerous opportunities for exposure Promotion of local businesses Signage at event location aways Event media exposure Why Sponsor? Trades and give Event website sailing Amateur Sailing Association (RASA) a 501c3 whose mission is to develop the level of sponsorship, your support will be appreciated and acknowledged in many ways such as press releases, articles, banners, table cards, and website links. Houston Yacht Club will work with you to provide the competitors . water seats for you and your guests . . plus ½ page ad in program, media recognition, join us for a social night with parents and site link - shirt, promotional materials and web name on the website, event program, and banner . recognition and privileges that fit your interests and level of giving - the - row, on SPONSOR LEVELS - . . plus, full page ad in program, front sites.google.com/site/optinationals2011 Ragnot youth through sailing related activities. - . . plus logo on event t Contributions handled through the $10000.00 Name the Regatta https://houstonyachtclub.com $4000.00 Supertanker $500.00 Day Sailor Tanker $100.00 Dinghy Your http://usoda.org/ $1000.00 . . Whatever https:// REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 037037 T. LeachT. LeachSource of Funds:Source of Funds: Requested By:Requested By: 037.6063.565.9997037.6063.565.9997 AdministrationAdministrationAccount Number:Account Number: Department:Department: 250,000.00250,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount Other: Requested:Requested: AttachmentsAttachments : : Budgeted Item:Budgeted Item:YESYESNONO 1. Summary of Activities to Date Summary of Activities to Date SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS This item has been placed on the agenda at the request of Councilmembers Zemanek, Kaminski and This item has been placed on the agenda at the request of Councilmembers Zemanek, Kaminski and Earp.  thth  The FY16 Hotel Motel Fund budget includes funding for the 125The FY16 Hotel Motel Fund budget includes funding for the 125 Anniversary of City of La Porte, Anniversary of City of La Porte, scheduled for calendar year 2017.  Although the actual celebration events are some time away, it is scheduled for calendar year 2017.  Although the actual celebration events are some time away, it is anticipated that advance funding would be required to begin booking musical talent for the large scale anticipated that advance funding would be required to begin booking musical talent for the large scale concert that is to be the focal point of the yearconcert that is to be the focal point of the year’’s festivities.  In FY17, it is anticipated that an additional s festivities.  In FY17, it is anticipated that an additional $250,000 will be included to complete the project funding. $250,000 will be included to complete the project funding.   At this time, staff is prepared to present a summary of the preparations completed to date. At this time, staff is prepared to present a summary of the preparations completed to date. Action Required of Council:Action Required of Council: None Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Date: February 22, 2016 To: Mayor and City Council Thru: Corby D. Alexander, City Manager From: Traci E. Leach, Assistant City Manager th RE: 125 Celebration Preparation th While 2017 and the official 125 Anniversary celebration is quite a long way away, staff is currently starting to prepare th and plan for the events that will ultimately take place in 2017. The vision for the 125 Anniversary will be to celebrate , its present, and its future. To that end, there are several items that are in the works now. Should you have any concerns about any of the initiatives outlined below, please do not hesitate to contact me. 1.9ǝĻƓƷ tƌğƓƓźƓŭ {ĻƩǝźĭĻƭ wCt: This document was advertised late December and one proposal was received on January 26. reviewed the proposal. Staff met with the respondent on February 3, 2016 and provided additional information that the respondent will use to generate a firm contract price for event administration and planning. Council approval will be required to effectuate the contract with the vendor and it is anticipated that the contract will be presented for Council consideration in March. Staff would like to have the special event coordinator under contract prior to this summer, as that is the time frame in which headliners for the event will need to be booked. 9ǝĻƓƷ ‘ĻĬƭźƷĻ: A separate event website has been set up to serve as the primary landing page for all of the 2. th marketing and advertising efforts. Staff envisions using this website as having a dual purpose- one to serve as the advertising backbone for collateral materials and two as th the 125 event. The website is www.laporte125.com and is currently live. At this time, it is the bare bones, but as the event gets closer, this site will be the go-to resource for everything related to the event itself and be a place where visitors can get La Porte history. Total cost for the website is $200 annually, plus some small costs associated with the video conversion (less than $1,000),I if necessary. Here are just a few of the content pieces that the website will eventually include: Event Information Blog Live webcam or time lapse of murals going up Photo galleries of history Videos from the museum converted for the website ‘ğƌƌ aǒƩğƌƭ: Staff is working through initial logistics to have several mural artists commissioned to create 3. stunning murals in several locations that will point people to the event website. The murals will pay homage to our past, celebrate our present, and look to our future. Murals provide a very visual way to build some excitement for coming in 2017. In each mural, there will be an area that has the event website and the artists will be touch up those parts at the end of 2017 to simply point to the regular site. This way, the City will have a piece of that $500,000 that will live on well past the events and will beautify the City! Proposed budget for all three murals is $20,000. Proposed l ocations for the murals include: Texas Parks & Wildlife Building (Note: This is a location that would have both street facing walls painted. o th Ideally, this would be completed prior to the Mardi Gras event, which would put the 125 event website in front of thousands of potential visitors. The attached images shows a rough mock-up of what the mural will look like for synced up Wave Pool Wall o Prominent Location along Spencer (Note: Staff has not formally contacted the owner of the site that would o proposal, staff can begin moving forward with these discussions.) The proposed mural artists are Anat Ronen and Gabriel Prusmack. Both have a distinctive style that will complement the images of La Porte that each would be painting and creating. Again, once the Council has provided direction regarding murals, staff can begin negotiations with the proposed artists. Anat Ronen: You can click this link to see more about Anat and view some of her work. She has completed work for Disney, the Houston Zoo, and the Museum of Fine Art just to name a few. http://www.anatronen.com/about.html Gabriel Prusmack: You can click on this link to see more about Gabriel and view some of his work. As an l art (TPW location, in particular). http://www.gabrielprusmack.com/#home /źƷźǩĻƓ /ƚƒƒźƷƷĻĻ: During the budget workshops, the Council expressed interest in appointing a citizen committee 4. th for the 125 Celebration. Past anniversary celebrations included citizen committees to help plan component pieces to the event. However, with a special event contract, that may not be as necessary this year. At this time, staff is requesting direction from the Council as to expectations regarding citizen committee participation, membership, and responsibilities. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM February 22, 2016February 22, 2016AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Kenith AdcoxKenith Adcox Requested By:Requested By: Account Number:Account Number: PolicePolice Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. 2015 Racial Profiling Report 2015 Racial Profiling Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures.  The Code requires that the police department annually report, to its governing body, data Procedures.  The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested.  searched and/or arrested.   The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. Additionally, a review of officers, officer training, and the collection of data in compliance with the law. Additionally, a review of internal administrative records indicated that during 2015 the department received no complaints that internal administrative records indicated that during 2015 the department received no complaints that could be categorized as involving some type of racial profiling.  As a result of this analysis, and the listed could be categorized as involving some type of racial profiling.  As a result of this analysis, and the listed statistics, it is believed that the officers of the La Porte Police Department are operating appropriately statistics, it is believed that the officers of the La Porte Police Department are operating appropriately statistics, it is believed that the officers of the La Porte Police Department are operating appropriately statistics, it is believed that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin.and without bias relating to individual violator race, ethnicity, or national origin. Action Required of Council:Action Required of Council: Acceptance of the 2015 La Porte Police Department Racial Profiling Report as presented by the Chief Acceptance of the 2015 La Porte Police Department Racial Profiling Report as presented by the Chief of Police. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate th January 25, 2016 To: La Porte City Council Thru: Corby Alexander, City Manager From: Kenith Adcox, Chief of Police Subject: Racial Profiling Report for the La Porte Police Department Honorable Council Members: The following report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures. The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or st arrested. Reporting must take place on or before March 1 of each year. The following report meets this requirement by providing a detailed analysis of the La Porte Police 2015. To assist City Council in their examination of the included data, detailed demographic data has also been provided relating to the City of La Porte, Harris County, and the State of Texas. For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05). La Porte Police Department Policy/ Training on Racial Profiling A review of La Porte Police Department regulation 2.400 provides evidence that the department has adopted policies in compliance with Article 2.132 of the Texas Code of Criminal Procedure (see Appendix A). There Profiling Policy, which provides clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations phy regarding equal treatment of all persons regardless of race or ethnicity. All members of the La Porte Police Department have received formal training required by the State of Texas relating to Racial Profiling and have been provided, and signed for copies, of the departmental policy in question. Additionally, the policy is required to be reviewed with all employees by supervisors on a bi-annual basis. La Porte Police Department Statistical Data on Racial Profiling In accordance with Departmental Policy, Officers of La Porte Police Department submitted statistical information on all contacts made with motorists in 2015 and accompanying information on the race of the person contacted. This data has been aggregated and is presented in the below tables, accompanied by relevant information on searches, arrests, and demographic information. LPPD Citations Issued Compared with Overall Race Representation in Population 70 60 LA PORTE 50 (% of Citations) 40 LA PORTE 30 (Total Race %) 20 HARRIS COUNTY 10 (Total Race %) 0 TEXAS (Total Race %) Race La Porte PD Motorist LPPD La Porte Harris County Texas Citations Percent Contacted Population Population Representation Population by Race RepresentationRepresentation Asian 189 1.7% 1.0% 6.4% 4.0% Black 1,572 13.8% 5.2% 18.5% 11.6% Caucasian 6,804 59.9% 61.6% 32.1% 44.3% Hispanic 2,601 22.8% 29.9% 41.4% 38.2% Mid. East 43 0.4% 1.9% 1.2% 1.5% Native Am 36 0.3% 0.2% 0.2% 0.3% Other 121 1.1% 0.2% 0.2% 0.1% Total 11,366 100% 100% 100% 100% LPPD Searches Compared with Overall Race Representation in Population 70 60 LA PORTE 50 (% of Searches) 40 LA PORTE 30 (Total Race %) 20 HARRIS COUNTY 10 (Total Race %) 0 TEXAS (Total Race %) Race LPPD Without With LPPD La Porte Harris County Texas Percent Population Searches Consent Consent Population Population Searched by Representation RepresentationRepresentation Race Asian 2 1 1 1.1% 1.0% 6.4% 4.0% Black 28 17 11 15.3% 5.2% 18.5% 11.6% Caucasian 119 93 26 65.0% 61.6% 32.1% 44.3% Hispanic 34 29 5 18.6% 29.9% 41.4% 38.2% Mid. East 0 0 0 0.0% 1.1% 1.2% 1.5% Native Am 0 0 0 0.0% 0.2% 0.2% 0.3% Other 0 0 0 0.0% 0.2% 0.2% 0.1% Total 183 140 43 100% 100% 100% 100% LPPD Arrests Compared with Overall Race Representation in Population 60 50 LA PORTE (% of Arrests) 40 LA PORTE 30 (Total Race %) 20 HARRIS COUNTY 10 (Total Race %) 0 TEXAS (Total Race %) Race LPPD Arrests La Porte PD La Porte Harris County Texas Population Percent Arrested by Population Population Representation RaceRepresentation Representation Asian 10 0.8% 1.0% 6.4% 4.0% Black 198 16.6% 5.2% 18.5% 11.6% Caucasian 723 60.6% 61.6% 32.1% 44.3% Hispanic 260 21.8% 29.9% 41.4% 38.2% Mid. East 0 0.0% 1.1% 1.2% 1.5% Native Am 1 0.1% 0.2% 0.2% 0.3% Other 2 0.1% 0.2% 0.2% 0.1% Total 1,194 100% 100% 100% 100% Overall involvement by Race for LPPD Contacts and Arrests (In Comparison to La Porte Population) 60 50 40 Involvement 30 Population 20 10 0 Race La Porte PD La Porte Harris County Texas Population Representation % of Race InvolvementPopulation Representation Population Representation Asian 1.3% 1.0% 6.4% 4.0% Black 15.2% 5.2% 18.5% 11.6% Caucasian 61.8% 61.6% 32.1% 44.3% Hispanic 21.1% 29.9% 41.4% 38.2% Mid. East 0.1% 1.1% 1.2% 1.5% Native Am 0.1% 0.2% 0.2% 0.3% Other 0.4% 0.2% 0.2% 0.1% Total 100% 100% 100% 100% The above statistics seem to indicate that Black drivers were contacted and arrested incident to traffic violations at a rate higher than the percentage of their respective residency within the City of La Porte. While noticeable, difficult given the fact that many drivers stopped by police officers are not residents of La Porte and may be traveling within or through the City from other areas of the county/state/country. As detailed above, these areas are much more highly represented by minority populations and may therefore account for larger percentages of non-resident traffic offenders, making comparisons relating strictly to La Porte area populations impractical. Additionally, the absence of any verifiable race/ethnicity data on the driver's license is troubling given the possibility that officers may misclassify individuals. This is a particular problem when dealing with citizens who are of mixed racial decent. As such, the validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. This may account for why Hispanic drivers are represented at a rate far lower than local, county, and state population projections, while Caucasian and Black drivers are more highly represented. In other words, officers may, for example, be listing mixed race drivers as being Caucasian or Black, when these individuals may, for census purposes, have been identified as Hispanic. Finally, it is important to note that the included census data represents 2014 and 2015 U.S. Census population figure estimates according to Demographic Profile Data of General Population and Housing Characteristics representing all age groups, yet does not take into account a specific combination of age and race regarding the percentage of the drivers who were actually stopped. Additionally, while the 2015 population figure estimates are represented, updates of the actual demographic statistics for are not yet available. Still, the La Porte Police Department is committed to providing public safety without bias of any type and will continue to closely track, monitor, and regulate employee activities in order to ensure that biased-based policing does not occur. In summary, the foregoing analysis shows that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. Additionally, a review of internal administrative records indicated that during 2015 the department received no complaints that could be categorized as involving some type of racial profiling. As a result of this analysis, and the listed statistics, it is my belief that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin. Respectfully Submitted, ________________________ Kenith R. Adcox Chief of Police Appendix A LA PORTE POLICE DEPARTMENT GENERAL ORDERS SUBJECT: Bias Based/Racial Profiling Prohibited GENERAL ORDER 2.400 DATE: 101513 REFERENCE: GO 4.008 Mobile Video (In Car) Recording Equipment SPECIAL INSTRUCTIONS: DISTRIBUTION: Sworn Personnel NO. PAGES: 6 SECTION 1 PURPOSE To comply with the Texas Code of Criminal Procedure Article 2.132 person. To reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion. To protect our officers from unwarranted accusations of misconduct when they act within the dictate of departmental policy and the law. SECTION 2 POLICY It is the policy of this Department to police in a proactive manner and to vigorously investigate suspected violations of law. Officers shall actively enforce municipal, state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin, or on the basis of other criteria (ex. other lawful reasons for the law enforcement action . Officers are strictly prohibited from engaging in bias based/racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and professional manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Bias based/racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from engaging in consensual contacts or offering assistance, such as initiating contact upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. SECTION 3 DEFINITIONS A. Bias based/racial profiling A law enforcement- race, ethnicity, national origin, sexual orientation, appearance, clothing/dress, or other elements rather criminal activity. Such profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against bias based/racial profiling set forth by this policy does not preclude the use of such elements when used as legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Examples of profiling include but are not limited to the following. a.Citing a driver who is speeding in a stream of traffic where most other drivers are speeding b.Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. c.Detaining an individual based upon bias based/racial profiling does not belong in a specific part of town or a specific place. d.A law enforcement agency can derive at two principles from the adoption of this definition of profiling: e.Police may not use stereotypes as factors in selecting whom to stop and search, though police may use race in conjunction with other known factors of the suspect. f.Law enforcement officers may not use racial, ethnic or other stereotypes as factors in selecting whom to stop and search. Bias based/racial profiling is not relevant as it pertains to witnesses, complainants or other citizen contacts. B. Race or EthnicityOf a particular decent, including Caucasian, African, Hispanic, Asian, Middle Eastern, or Native American. C. Pedestrian StopAn interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. D. Traffic StopA peace officer that stops a motor vehicle, for an illegal violation of a law or ordinance regulating traffic. E. Officer Initiated Stop/ActivityA peace officer stops or initiates an activity based solely on his own observations and initiative, not related to a dispatched call for service. SECTION 4 TRAINING A. Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) training requirements as mandated by law. B. All officers shall complete TCLEOSE training and education programs on racial profiling as prescribed by TCLEOSE as part of their continuing education. Officers will additionally attend other in- service training that is related to the core issue of racial profiling. The Support Services Sergeant will maintain training records of those courses and recommend further training as it may be developed. SECTION 5 COMPLAINT INVESTIGATION A. The Department shall accept complaints from any person who alleges he or she has been stopped or searched based on racial, ethnic, national origin or other bias based/racial profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any Officer who receives an allegation of bias based/racial profiling, to include the Officer making the initial stop, shall direct the individual on how to contact the shift supervisor who will initiate the complaint process. C. The complaint will be investigated in a timely manner. D. If the bias based/racial profiling complaint is sustained, it may result in appropriate corrective and/or disciplinary action, up to and including indefinite suspension based on the nature of the sustained allegation. SECTION 6 PUBLIC EDUCATION The Department will inform the public of its policy against bias based/racial profiling and the citizen complaint process. Methods that may be utilized to inform the public include but are not limited to local newspapers, La Porte as appropriate in English and Spanish. SECTION 7 CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation or designated form officers must include: 1. 2.Whether a search was conducted; 3.Was the search consensual, and 4. Was the violator arrested for this cited violation or any other violation. st B. By March 1 of each year, the Department shall submit a report to the City Manager and City Council that includes the information gathered by the citations during the preceding year. The report will include: a.A breakdown of citations by race and ethnicity; b.Number of citations that resulted in a search; c.Number of searches that were consensual, and d.Number of citations that resulted in custodial arrest for this cited violation or any other violation SECTION 8 OFFICERS UTILIZING VIDEO AND AUDIO EQUIPMENT A. Any time an Officer of the Department makes a traffic or pedestrian stop, which is capable of being recorded with audio-video equipment or with audio recording equipment (electronic recordings), the stop shall be so recorded. If an officer makes any electronic recordings of a traffic or pedestrian stop, which results in the issuance of a citation or an arrest, the Officer shall: 1. Insure that the required information in Section 7A is properly entered on the citation. 2. Complete the Pedestrian / Traffic Stop Record as required in Section 9, if appropriate. B. The Department shall retain all electronic recordings of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the Department alleging an Officer has engaged in bias based/racial profiling, then the Department shall retain any electronic recordings as evidence of the stop until the final disposition of the complaint. C. Shift Supervisors shall ensure that Officers of this Department are making electronic recordings of their traffic and pedestrian stops. D. If the Police vehicle is not fitted with equipment to make any electronic recordings of traffic or pedestrian stops, or the equipment is malfunctioning or otherwise not operable at the time of the stop, then the officer shall make a written record of the stop as required by Section 9 of this policy. SECTION 9 OFFICERS MAKING PEDESTRIAN AND TRAFFIC STOPS WITHOUT VIDEO / AUDIO EQUIPMENT A. If an Officer stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or stops a pedestrian for any suspected offense, but fails to make or is incapable of making any electronic recordings of the stop, then the Officer shall record and report the following information on the form designated as the Pedestrian / Traffic Stop Record. This form shall minimally require: 1.The activity number for the stop. 2.The date of the stop. 3.An indication whether the stop was Call Initiated or Officer Initiated. 4. An indication whether the person stopped is a resident or non-resident. 5. A physical description of each person detained as a result of the traffic stop, including: to the best of his/her ability; 6. The street address or approximate location of the stop. 7. The suspected offense or traffic law or ordinance alleged to have been violated. 8. Whether the Officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search. 9. Whether probable cause to search existed and, if so, the fact(s) supporting the existence of that probable cause. 10. Whether any contraband was discovered in the course of the search and, if so, the type of contraband discovered. 11. Whether the Officer made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged. 12. Whether the Officer issued a warning or a citation as a result of the stop and if so, a statement of the offense charged. B. This Department shall compile and analyze the information contained in these individual reports. st Not later than March 1 of each year, this Department shall submit a report to the City Manager and City Council containing the information compiled from the preceding year in a manner they approve. This report shall include: 1.A comparative analysis of the information contained in the individual reports in order to: a.Determine the prevalence of bias based/racial profiling by officers in this Department; and b. Officers, including searches resulting from stops. 2.This report will not include identifying information about an Officer who makes a stop or about an individual who is stopped or arrested by an Officer. SECTION 10 SUPERVISORY REVIEWS A. Recordings are to be randomly reviewed to assist in periodic assessment of officer performance, determine whether the recording equipment is being fully and properly used, and to identify material that may be appropriate for training. Supervisors assigned to the Patrol and Traffic Division shall conduct a minimum of two random reviews of recordings involving various officers under their supervision every two weeks. The reviews shall be documented in the OSSI MOBV system, noting the name of the reviewing supervisor, the date and time reviewed, and the unit number reviewed. ns if appropriate (commendations, corrective actions, etc) shall also be noted in the system. B. The Assistant Chief of the Patrol Bureau shall conduct an audit of the system the first part of each month and shall verify that all appropriate supervisors are in compliance with this general order, and ensure that the log is accurately completed. The Assistant Chief shall notify the Chief of Police no th later than the 10 day of each month of his findings. SECTION 11 LIABILITY Under the Code of Criminal Procedure Article 2.136 Liability, a Peace Officer is not liable for damage arising from an act relating to the collecting or reporting of information as required under Article 2.133 and Article 2.134. SECTION 12 EXEMPTION Under the Code of Criminal Procedure Article 2.135 there is a provision that agencies using video and audio equipment are not required to meet the requirements of Section 9 of this procedure. Authority: Kenith R. Adcox Chief of Police Council Agenda Item February 22, 2016 10.(b) Receive report of the La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item February 22, 2016 February 22, 2016 11.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Zoning Board of Adjustment Meeting, Thursday, February 25, 2016Zoning Board of Adjustment Meeting, Thursday, February 25, 2016 • La Porte Development Corporation Board Meeting, Monday, March 14, 2016La Porte Development Corporation Board Meeting, Monday, March 14, 2016 • City Council Meeting, Monday, March 14, 2016City Council Meeting, Monday, March 14, 2016 • City Council Meeting, Monday, March 28, 2016City Council Meeting, Monday, March 28, 2016 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 12.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 Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   13.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: ––Personnel Matter: Deliberations concerning the Personnel Matter: Deliberations concerning the Texas Government Code, Section 551.074Texas Government Code, Section 551.074 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: City Secretary Patrice Fogartyor employee, unless the officer or employee requests a public hearing: City Secretary Patrice Fogarty 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 14.RECONVENERECONVENE session. session. 15.ADJOURNADJOURN ****************************************************************** ******************************************************************