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HomeMy WebLinkAbout03-13-17 Regular Meeting of the La Porte City Council LOUIS R. RIGBYCHUCK ENGELKENCHUCK ENGELKEN MayorCouncilmember District 2Councilmember District 2 JOHN ZEMANEKDARYL LEONARD Councilmember At Large ACouncilmember At Large ACouncilmember District 3Councilmember District 3 DOTTIE KAMINSKIDOTTIE KAMINSKIKRISTIN MARTIN Councilmember At Large BCouncilmember At Large BCouncilmember District 4Councilmember District 4 DANNY EARPJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held March 13, 2017, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held March 13, 2017, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen.   4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) 5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council and will beenacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)(a)Consider approval or other action regarding minutes of the meeting held on February 27, 2017 Consider approval or other action regarding minutes of the meeting held on February 27, 2017 Consider approval or other action regarding minutes of the meeting held on February 27, 2017 Consider approval or other action regarding minutes of the meeting held on February 27, 2017 -- P. Fogarty P. Fogarty (b)Consider approval or other action awarding Bid #17011 for Wharton Weems Entry Sign Consider approval or other action awarding Bid #17011 for Wharton Weems Entry Sign Construction rebid Construction rebid -- T. Leach T. Leach (c)Consider approval or other action awarding Bid #17010 for Firework Displays Consider approval or other action awarding Bid #17010 for Firework Displays -- R. Epting R. Epting (d)Consider approval or other action awarding Bid # 17010 for HVAC Chiller for use at the La Consider approval or other action awarding Bid # 17010 for HVAC Chiller for use at the La Porte Police Department Building Porte Police Department Building -- R. Epting R. Epting (e)Consider approval or other action regarding submittals for RFP # 17501 for Aquatics Services Consider approval or other action regarding submittals for RFP # 17501 for Aquatics Services -- R. Epting R. Epting (f)Consider approval or other action authorizing the City Manager to execute a Water Service Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Carson Bayport 3 LLC., for its facility Agreement and Sanitary Sewer Service Agreement with Carson Bayport 3 LLC., for its facility at 4121 Malone Dr., in the Bayport Industrial District at 4121 Malone Dr., in the Bayport Industrial District -- B. Sterling B. Sterling (g)Receive 2016 Comprehensive Annual Financial (CAFR) Report Receive 2016 Comprehensive Annual Financial (CAFR) Report -- M. Dolby M. Dolby (h)Consider approval or other action authorizing the City Manager to execute an Interlocal Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement between Harris County and the City of La Porte to allow Harris County to construct Agreement between Harris County and the City of La Porte to allow Harris County to construct the relocation of City sewer facilities along Choate Road in connection with the construction of the relocation of City sewer facilities along Choate Road in connection with the construction of Choate Road improvements Choate Road improvements -- D. Pennell D. Pennell (i)Consider approval or other action appointing Sergio Torre and Zachary Daniels to the La Porte Consider approval or other action appointing Sergio Torre and Zachary Daniels to the La Porte Police Reserve Force Police Reserve Force -- K. Adcox K. Adcox 6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to deny an Ordinance amending the City's Future Land Use Plan Component of Commission to deny an Ordinance amending the City's Future Land Use Plan Component of the Comprehensive Plan for a 6.69the Comprehensive Plan for a 6.69-- acre tract of land known as Tract 19C, Abstract 482 W. acre tract of land known as Tract 19C, Abstract 482 W. Jones Subdivision, generally located on Fairmont Pkwy., between Brookwood Dr., and Jones Subdivision, generally located on Fairmont Pkwy., between Brookwood Dr., and Canada Rd., by changing land use designation from Mid Density Residential to Commercial; Canada Rd., by changing land use designation from Mid Density Residential to Commercial; consider approval or other action regarding an Ordinance amending the City's Future Land consider approval or other action regarding an Ordinance amending the City's Future Land Use Plan Component of the Comprehensive Plan for a 6.69Use Plan Component of the Comprehensive Plan for a 6.69--acre tract of land known as Tract acre tract of land known as Tract 19C, Abstract 482 W. Jones Subdivision, generally located on Fairmont Pkwy., between 19C, Abstract 482 W. Jones Subdivision, generally located on Fairmont Pkwy., between Brookwood Dr., and Canada Rd., by changing land use designation from Mid Density Brookwood Dr., and Canada Rd., by changing land use designation from Mid Density Residential to Commercial Residential to Commercial -- I. Clowes I. Clowes (b)Public hearing to receive comments regarding the recommendation by the Planning and Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to deny a zone change request for changing the zoning classification of a Zoning Commission to deny a zone change request for changing the zoning classification of a 6.696.69--acre tract located on Fairmont Pkwy., between Brookwood Dr., and Canada Rd., acre tract located on Fairmont Pkwy., between Brookwood Dr., and Canada Rd., described as Tract 19C, Abstract 482 W. Jones Subdivision, from Mid Density Residential described as Tract 19C, Abstract 482 W. Jones Subdivision, from Mid Density Residential District (RDistrict (R--2) to General Commercial District (GC); consider approval or other action 2) to General Commercial District (GC); consider approval or other action regarding an Ordinance to approve zone change request #16regarding an Ordinance to approve zone change request #16--92000007, to change the zoning 92000007, to change the zoning classification of a 6.69classification of a 6.69--acre tract located on Fairmont Pkwy., between Brookwood Dr., and acre tract located on Fairmont Pkwy., between Brookwood Dr., and Canada Rd., described as Tract 19C, Abstract 482 W. Jones Subdivision, from Mid Density Canada Rd., described as Tract 19C, Abstract 482 W. Jones Subdivision, from Mid Density Residential District (RResidential District (R--2) to General Commercial District (GC) 2) to General Commercial District (GC) -- I. Clowes I. Clowes (c)Public hearing to receive comments on the recommendation of the Dangerous Building Public hearing to receive comments on the recommendation of the Dangerous Building Inspection Board for condemnation of dangerous/substandard buildings located at 129 Inspection Board for condemnation of dangerous/substandard buildings located at 129 Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St.; consider approval or other action Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St.; consider approval or other action regarding Ordinances providing for condemnation of dangerous/substandard buildings located regarding Ordinances providing for condemnation of dangerous/substandard buildings located at 129 Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St. at 129 Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St. -- M. Collier M. Collier 7.AUTHORIZATIONSAUTHORIZATIONS (a)Consider approval or other action authorizing the City Manager to execute an agreement Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and La Porte Boy's Baseball Association  between the City of La Porte and La Porte Boy's Baseball Association  -- R. Epting R. Epting 8.REPORTSREPORTS (a)Receive report of the Fiscal Affairs Committee Receive report of the Fiscal Affairs Committee -- Councilmember Engelken Councilmember Engelken 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Planning and Zoning Commission Meeting, Thursday, March 16, 2017Planning and Zoning Commission Meeting, Thursday, March 16, 2017 •Zoning Board of Adjustment Meeting, Thursday, March 23, 2017Zoning Board of Adjustment Meeting, Thursday, March 23, 2017 •La Porte Development Corporation Board Meeting, Monday, March 27, 2017La Porte Development Corporation Board Meeting, Monday, March 27, 2017 •City Council Meeting, Monday, March 27, 2017City Council Meeting, Monday, March 27, 2017 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, information or existing policies. Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyLeonard, Engelken, Earp and Mayor Rigby   11.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the March 13, 2017 , agenda of items to be considered by the City Council was posted on the City I certify that a copy of the March 13, 2017 , agenda of items to be considered by the City Council was posted on the City Hall bulletin board on March 7, 2017.Hall bulletin board on March 7, 2017. Council Agenda Item Council Agenda Item March 13, 2017 March 13, 2017 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen.   4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item March 13, 2017 March 13, 2017 5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council and will beenacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding minutes of the meeting held on February 27, 2017 Consider approval or other action regarding minutes of the meeting held on February 27, 2017 -- P. Fogarty P. Fogarty (b)Consider approval or other action awarding Bid #17011 for Wharton Weems Entry Sign Consider approval or other action awarding Bid #17011 for Wharton Weems Entry Sign Construction rebid Construction rebid -- T. Leach T. Leach (c)Consider approval or other action awarding Bid #17010 for Firework Displays Consider approval or other action awarding Bid #17010 for Firework Displays -- R. Epting R. Epting (d)Consider approval or other action awarding Bid # 17010 for HVAC Chiller for use at the La Consider approval or other action awarding Bid # 17010 for HVAC Chiller for use at the La Porte Police Department Building Porte Police Department Building -- R. Epting R. Epting (e)Consider approval or other action regarding submittals for RFP # 17501 for Aquatics Services Consider approval or other action regarding submittals for RFP # 17501 for Aquatics Services -- R. Epting R. Epting (f)Consider approval or other action authorizing the City Manager to execute a Water Service Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Carson Bayport 3 LLC., for its facility Agreement and Sanitary Sewer Service Agreement with Carson Bayport 3 LLC., for its facility at 4121 Malone Dr., in the Bayport Industrial District at 4121 Malone Dr., in the Bayport Industrial District -- B. Sterling B. Sterling (g)Receive 2016 Comprehensive Annual Financial (CAFR) Report Receive 2016 Comprehensive Annual Financial (CAFR) Report -- M. Dolby M. Dolby (h)Consider approval or other action authorizing the City Manager to execute an Interlocal Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement between Harris County and the City of La Porte to allow Harris County to construct Agreement between Harris County and the City of La Porte to allow Harris County to construct the relocation of City sewer facilities along Choate Road in connection with the construction of the relocation of City sewer facilities along Choate Road in connection with the construction of Choate Road improvements Choate Road improvements -- D. Pennell D. Pennell (i)Consider approval or other action appointing Sergio Torre and Zachary Daniels to the La Porte Consider approval or other action appointing Sergio Torre and Zachary Daniels to the La Porte Police Reserve Force Police Reserve Force -- K. Adcox K. Adcox ****************************************************************** ****************************************************************** LOUIS RIGBY CHUCK ENGELKEN Mayor Councilmember District 2 JOHN ZEMANEK DARYL LEONARD Councilmember At Large A Councilmember District 3 DOTTIE KAMINSKI KRISTIN MARTIN Councilmember At Large B Councilmember District 4 DANNY EARP JAY MARTIN Mayor Pro-Tem Councilmember District 5 Councilmember District 1 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE FEBRUARY 27, 2017 The City Council of the City of La Porte met in a regular meeting on Monday, February 27, 2017, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Engelken, J. Martin, K. Martin, Leonard, Earp, Zemanek, Clausen, and Kaminski. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Ben Rosenberger, Bayshore Baptist Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Justin Surginer, 201 S. Virginia St., addressed Council and stated he was unjustly detained due to a false statement of an individual, and he feel his character has been defamed. Robert McIlvain, 8819 Orchard Ln., signed up to address Council; but since he did not see his item of concern on the agenda, he declined to speak. Shawn Metcalf, 11127 Sunset Ridge, addressed Council with several concerns regarding the City overseeing the finances of the La Porte Boys Baseball Association. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of meeting held on February 13, 2017 P. Fogarty (b) Consider approval or other action regarding an Interlocal Agreement for Joint Elections between the City of La Porte; La Porte Independent School District and San Jacinto College District P. Fogarty (c) Consider approval or other action regarding the sale of 12-feet of Lot 27, Block 80, Town of La Porte, Harris County, Texas to Bayway Homes to facilitate the construction of a single family home T. Leach Page 1 of 6 Feb. 27, 2017, Council Meeting Minutes (d) Consider approval or other action authorizing the City Manager to execute a concession agreement between the City of La Porte and Linda Darnell Witt as the Concessionaire for Sylvan Beach Fishing Pier R. Epting (e) Consider approval or other action regarding a Municipal Water Service Agreement between the City of La Porte, City of Deer Park, and the owner of the facility at 9515 Spencer Highway B. Sterling Councilmember Engelken made a motion to approve Consent Agenda Items pursuant to staff recommendations. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an amendment to the Future Land Use Map Component of the La Porte Comprehensive Plan for a 40-acre tract of land known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State Highway 146 north of Wharton Weems Blvd; consider approval or other action regarding an Ordinance amending - acre tract of land known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State Highway 146 north of Wharton Weems Blvd., by changing use -- I. Clowes The public hearing opened at 6: 12 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing was closed at 6:16 p.m. Councilmember Engelken made a motion to approve an Ordinance Land Use Map Component of the La Porte Comprehensive Plan for a 40-acre tract of land known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State High-. seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3668 AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMEDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve SCUP# 16-91000004 to allow construction of an entertainment, commercial and residential mixed-use development center on State Highway 146 north of Wharton Weems Blvd., consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106, by approving SCUP# 16-91000004, for the purpose of constructing an entertainment, commercial and residential mixed-use development center on State Highway 146 north of Wharton Weems Blvd. I. Clowes The public hearing opened at 6:18 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing was closed at 6:19 p.m. Page 2 of 6 Feb. 27, 2017, Council Meeting Minutes Councilmember Engelken made a motion to approve an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106, by approving SCUP# 16-91000004, for the purpose of constructing an entertainment, commercial and residential mixed-use development center on State Highway 146 north of Wharton Weems Blvd. Councilmember K. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3669 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 16-91000004 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING AN ENTERTAINMENT, COMMERCIAL AND MIXED-USE DEVELOPMENT CENTER ON STATE HIGHWAY 146 NORTH OF WHARTON WEEMS BOULEVARD; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (c) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve a zone change request for changing the zoning classification of tracts 30A and 31A, Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI); consider approval or other action regarding an Ordinance to approve zone change request # 16-92000004, changing the zoning classification of tracts 30A and 31A, Strang Subdivision form Business Industrial District (BI) to Light Industrial District (LI) I. Clowes The public hearing opened at 6:19 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing was closed at 6:21 p.m. Councilmember Clausen made a motion to approve an Ordinance to approve zone change request #16-92000004, changing the zoning classification of tracts 30A and 31A, Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI). Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3670 AN ORDINANCE THE ZONING CLASSIFICATION OF TRACTS 30A AND 31A, STRANG SUBDIVISION FROM BUSINESS INDUSTRIAL DISTRICT (BI) TO LIGHT INDUSTRIAL DISTRICT (LI); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF (d) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve a zone change request for changing the zoning classification of tract 17-1A and 18A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI); consider approval or other action regarding an Ordinance to approve zone change request #16-92000005, changing the zoning classification of tracts 17-1A and 18A, Strang Subdivision form Business Industrial (BI) to Light Industrial (LI) I. Clowes The public hearing opened at 6:22 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing was closed at 6:23 p.m. Councilmember Leonard made a motion to approve an Ordinance to approve zone change request #16-92000005, changing the zoning classification of tracts 17-1A and 18A, Strang Subdivision from Page 3 of 6 Feb. 27, 2017, Council Meeting Minutes Business Industrial (BI) to Light Industrial (LI). Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3671 AN ORDINANCE THE ZONING CLASSIFICATION OF TRACTS 17-1A AND 181A, STRANG SUBDIVISION FROM BUSINESS INDUSTRIAL DISTRICT (BI) TO LIGHT INDUSTRIAL DISTRICT (LI); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (e) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve a zone change request for changing the zoning classification of tracts 30 and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI); consider approval or other action regarding an Ordinance to approve zone change request #16-92000006, changing the zoning classification of tract 30 and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI) I. Clowes The public hearing opened at 6:25 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing was closed at 6:26 p.m. Councilmember Zemanek made a motion to approve an Ordinance to approve zone change request #16-92000006, changing the zoning classification of tract 30 and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI). Councilmember Kaminski seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3672 AN ORDINANCE THE ZONING CLASSIFICATION OF TRACTS 30 AND 31 AND 17A AND 18, STRANG SUBDIVISION FROM BUSINESS INDUSTRIAL DISTRICT (BI) TO LIGHT INDUSTRIAL DISTRICT (LI); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. AUTHORIZATIONS (a) Consider approval or other action authorizing the City Manager to execute an agreement between the R. Epting Parks and Recreation Director Rosalyn Epting presented a summary. Ms. Epting clarified amendments to the agreement and also took two suggested changes from Council as follows: to provide a Form 1099 to any individual earning over $600.00 and to add a provision to allow for the award of scholarships. Councilmember Clausen made a motion to approve the agreement as presented with the additional two amendments. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. 8. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding Ballard Exploration Company request for a Geophysical Mineral and Testing Permit B. Sterling GIS Manager Brian Sterling presented a summary. Councilmember Earp made a motion to deny the permit. Councilmember Engelken seconded the motion. MOTION PASSED 8/1. Page 4 of 6 Feb. 27, 2017, Council Meeting Minutes Ayes: Councilmembers Clausen, Zemanek, K. Martin, Leonard, Engelken, J. Martin, Kaminski and Earp Nays: Mayor Rigby Absent: None (b) Discussion and possible action regarding amendments to the Port Crossing Development Agreement C. Alexander City Manager Corby Alexander presented a summary and a PowerPoint presentation. Councilmember Leonard made a motion to approve amendments to the Port Crossing Development Agreement. Councilmember J. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. (c) Solution core finance functions to April 15, 2017 T. Leach The regular meeting was recessed at 7:00 p.m. to take up this item in executive session (see posted executive session under Item 11), and the regular meeting then was reconvened at 8:03 p.m. See resultant action on Item 12. 9. ADMINISTRATIVE REPORTS There were no additional reports. 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 Engelken wished Human Resources Manager Matt Hartleib a Happy Birthday. Mayor Rigby requested Assistant City Manager Traci Leach get information to Maggie Anderson, with Around La Porte, and Rebecca Collins, with the Bay Area Observer, to write an article clarifying when a citizen has a right to speak at city council meetings, i.e. during the public comment section and at all legal public hearings, as opposed to during council action items being taken up by the city council. 11. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.074 Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Patrice Fogarty, City Secretary. Texas Government Code, Section 551.071(1)(A) Pending or Contemplated Litigation: Meet with City Attorney and City Manager to discuss performance issues under contract with SunGard. City Council recessed the regular Council meeting to convene the first executive session at 7:00 p.m. regarding Item 8(c) and Texas Government Code, Section 551.071(1)(A) Pending or Contemplated Litigation: Meet with City Attorney and City Manager to discuss performance issues under contract with SunGard. Page 5 of 6 Feb. 27, 2017, Council Meeting Minutes City Council recessed the regular Council meeting to convene the second executive session at 8:07 p.m. regarding Texas Government Code, Section 551.074 Personnel Matter: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Patrice Fogarty, City Secretary. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Regarding the first executive session item pertaining to Item 8(c) and Texas Government Code, Section 551.071(1)(A) Pending or Contemplated Litigation: Meet with City Attorney and City Manager to discuss performance issues under contract with SunGard, Council reconvened the regular Council meeting at 8:03 p.m. Councilmember Engelken made a motion to exercise the 90-day cure period. Councilmember Leonard seconded the motion. MOTION PASSED UNAMIMOUSLY 9/0. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Council reconvened the regular council meeting at 8:35 p.m. from the second executive session regarding GC 551.074, performance review of City Secretary Patrice Fogarty. Regarding the deliberation concerning the performance review of Patrice Fogarty, City Secretary, Councilmember Engelken made a motion to give City Secretary Patrice Fogarty a 4.52 percent lump sum instead of the typical merit process. Councilmember Clausen seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:37 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on February 27, 2017. ________________________________ Mayor Louis R. Rigby Page 6 of 6 Feb. 27, 2017, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:March 13, 2017 Appropriation: Requested By: Traci Leach Source of Funds: 015 Department: Administration Account Number: Report: __ __Resolution: _____Ordinance: _ _Amount Budgeted: $75,000 Exhibits: Approved Monument Design Amount Requested: $55,820.60 Bid Tabulation Public purchase Access report Budgeted Item: Yes _____________________________________________________________________________________ SUMMARY & RECOMMENDATION In the FY16 budget, the City partnered with TXDOT to beautify the median entryway at Wharton Weems Blvd and SH146. TXDOT is currently underway on the construction of its portion of the project- removal of existing concrete, installation of pavers, and installation of irrigation and landscaping. The TXDOT work will occur in two time frames, with the demolition work happening now and the landscape and paver work occurring once the City’s portion of the project is completed. The City included $75,000 in the CIP to construct an entryway monument. The City engaged an architectural design firm, Knudson LP, to create several design concepts for Council consideration and Council selected Design Option 3 at the May 2016 Council meeting. Estimated construction budget available at this time is approximately $56,000. Bid No. 16023 was advertised in the Bay Area Observer on August 25 and September 1, with a bid opening on September 13, 2016. These bids were over budget and Council directed staff to value engineer and re-bid the project. Staff reviewed the bid specifications and made several modifications that were believed to assist in bringing the construction costs within the remaining construction budget. The changes included eliminating all cast stone veneer and changing the lighting from six (6) to four (4). Neither modification will impact the how the monument looks, but were more economical to construct. The re-bid was advertised on January 26, 2017 and February 2, 2017. Bids were opened and publicly read on February 16, 2017. One hundred forty-five vendors were notified with thirty three accessing the bid and twenty three downloading the bid documents. Five vendors responded. The lowest qualified bid was submitted by Capital Signs in the amount of $50,746. While this bid was substantially lower than the other bids, staff vetted the submittal and determined that all requirements were met. Capital Signs had positive reference checks. Staff recommends awarding Bid No. 17011 for the construction of the Wharton Weems entryway monument to Capital Signs in the amount of $50,746, plus a 10% contingency amount for a total project budget of 55,820.60. Action Required by Council: Consider approval or other action to award Bid No. 17011 to Capital Signs in the amount of $55,820.60 for the construction of the Wharton Weems entryway monument. Approved for City Council Agenda ___________________________________ _______________________ Corby D. Alexander, City Manager Date Thisoptionwas selectedbyCouncil Bid Tabulation to Sealed Bid #17011 TSG Industries, dba HSX Hoggatt, LPPatakCapital SignsAztec Unit of MeasureExtendedExtendedExtended ItemDescriptionExtendedExtended 1MobilizationLS4920357362640001574.29 2Structural FoundationLS191003127036002500018693.17 3Cmu Construction, as detailedSF11610131627920153208809.91 4Chopped Stone Masonry, as detailedSF59401079882808500na 5Cast Stone Masonry, as detailedSF12,72512297113001000019854.96 6Stucco Material, as per ASTM C926SRF83402014250010002341.3 7Electrical workEA79203706300040002456.84 8LED sign lightersEA31202494950020003208.25 9Steel Pin Letter Package, 2 setsEA44505596242040005477.82 10Traffic Control, Per TXDOT standardsLS250045901600150003303.82 $80,625.00$89,500.00$50,746.00$88,820.00$65,720.36 Bid tabulation is preliminary and does not imply any type of award. Other factors may apply. Notification & Access Report to Sealed Bid #17011 - Wharton Weems Entry Sign Construction Re-bid NOTIFICATIONS: ĻƓķƚƩ bğƒĻwĻğƭƚƓĻƓķƚƩ bğƒĻwĻğƭƚƓ 3J Ryan, Inc.Bid NotificationHendee Enterprises Bid Notification A1 Construction ServicesBid NotificationHighway Intelligent Traffic Systems, CorpBid Notification AAA Asphalt Paving IncBid NotificationHoggatt LPBid Notification Acquient Security ConsultingBid NotificationHSCBid Answer Advanced Facility MaintenanceBid NotificationILCOR BuildersBid Notification AGR CONSTRUCTION,LLCBid NotificationIntegrated Power Co.Bid Notification AHRG, CorporationBid NotificationISI Contracting, Inc.Bid Notification Alamo Concrete Products CompanyBid NotificationI Sqft Plan RoomBid Notification All Pro General Construction, Inc.Bid NotificationJEBCO inc.Bid Notification American Pavement SolutionsBid NotificationJERDON ENTERPRISE, L.P.Bid Notification Anderson Pollution Control, Inc.Bid NotificationJIm Kodam Inc.Bid Notification Angel Brothers Enterprises, Ltd.Bid NotificationKessler PaintingBid Notification Atix AccessBid NotificationK Tillman Construction LLCBid Notification aztec remodeling &landscaping companyBid NotificationKwal - Howells, Inc.Bid Notification BATTERY WAREHOUSEBid NotificationLaborde Products, Inc.Bid Notification Baukus ElectricBid NotificationLAYNE INLINER, LLCBid Notification BAY AREA ELECTRICBid NotificationLegion Contracting Services, Inc.Bid Notification BidClerkBid NotificationLEMCOBid Notification Boyer, Inc.Bid NotificationL & M Contractors. Inc.Bid Notification Brooks Concrete IncBid NotificationMAR-CON SERVICES, LLCBid Notification Capital Sign Assoc., LLC.Bid NotificationMcDonald ElectricBid Notification Carlton Industries, LPBid NotificationMDSolutionsBid Notification CDC NewsBid NotificationMHB Construction, Inc.Bid Notification Centerline SupplyBid NotificationMid Plains PowerBid Notification Cherry CompaniesBid NotificationMidwest Energy Solutions, Inc.Bid Notification Civil ConceptsBid NotificationNational Sign PlazasBid Notification Clean Seal America, Inc.Bid NotificationNetwork Cabling Services, Inc.Bid Notification Clear Choice LEDBid NotificationNewman Signs Inc.Bid Notification Comex CorporationBid NotificationNorth America Procurement CouncilBid Notification Conrad Construction Co., LTDBid NotificationOnviaBid Notification ConstructConnectBid NotificationPatak Construction, Inc.Bid Notification Construction Software TechnologiesBid NotificationPerkens WS CorporationBid Notification Crescent Engineering Co IncBid NotificationPfeiffer & Son, Ltd.Bid Notification Darren Supplies Bid NotificationPower Vac America, Inc.Bid Notification D DavilaBid NotificationPreferred Tank & Tower MaintenanceBid Notification Decker IncBid NotificationQC Laboratoires, Inc.Bid Notification D.E.M Enterprises LLC.Bid NotificationRAC Industries, LLCBid Notification derk harmsen const. co incBid NotificationRamtech Building Systems, Inc.Bid Notification Detail ConstructionBid NotificationReed Construction DataBid Notification Diamond Blade Warehouse, Inc.Bid NotificationRESCO Electric, Ltd.Bid Notification Diversified Materials & Consulting LLCBid NotificationR.H. Shackelford, Inc.Bid Notification DM Construction LLCBid NotificationRitz Safety LLCBid Notification Dort & O'Connor ContractorsBid NotificationR J Construction Company, IncBid Notification Dynamic Signs Systems and Marketing, LLCBid Notificationroad runner restorationBid Notification El Dorado Services Inc.Bid NotificationRoyal Media Network Inc.Bid Notification Notification & Access Report to Sealed Bid #17011 - Wharton Weems Entry Sign Construction Re-bid Electrical Automation ControlsBid NotificationRUBRO CONSTRUCTORSBid Notification Facility Solutions GroupBid NotificationSaf-T-Glove, Inc.Bid Notification F&L Coatings and Concrete, LLCBid NotificationSam Anderson Pvt LtdBid Notification Florida Traffic Control Devices, Inc.Bid NotificationScardino Printing 1929, LLCBid Notification Follis ConstructionBid NotificationScogin, JohnBid Notification Forde Construction Company, Inc.Bid NotificationSC Supply Co LLCBid Notification Forestry Suppliers, Inc.Bid NotificationSignaramaBid Notification Frost Construction Co., Inc.Bid NotificationSixth Man ConstructionBid Notification FROST CONSTRUCTION CO INCBid NotificationSJ&J CONSTRUCTION, LLCBid Notification General Contractor Services, Inc.Bid NotificationSOBid Notification Graham County Land Company, LLCBid NotificationSouthern Road & BridgeBid Notification Groundstar IncBid NotificationSouth Ranger Construction Inc.Bid Notification GW Phillips Construction, INC. Bid NotificationStone Castle IndustriesBid Notification H2O Steel Contractors, LLCBid NotificationTank Pro, Inc.Bid Notification Harris County RentalsBid NotificationTaylor & Taylor ConstructionBid Notification Hayden Paving, Inc.Bid NotificationTeamwork CnstructionBid Notification HDR Engineering, Inc.Bid NotificationTexas concrete and remodeling Bid Notification Hearn CompanyBid NotificationTexas Custom PrintsBid Notification TFR Enterprises, IncBid Notification The Blue Book Building & Construction NetworkBid Notification THE DRC GROUPBid Notification The J Paul CompanyBid Notification TLC Trucking & Contracting, Inc.Bid Notification Trantex Transportation Products of Texas Inc.Bid Notification TriKings Construction Bid Notification T&TBid Notification VALU Industrial ER Services, LLCBid Notification Vistex GraphicsBid Notification Webber, LLCBid Notification W.W. Payton CorportionBid Notification Zayven Construction LLCBid Notification ACCESS: VendorDownload HSC #17011 Wharton Weems Entry Sign REBID.pdf A1 Construction Services Adtronics #17011 Wharton Weems Entry Sign REBID.pdf aztec remodeling &landscaping company #17011 Wharton Weems Entry Sign REBID.pdf BAY AREA ELECTRIC #17011 Wharton Weems Entry Sign REBID.pdf BidClerk #17011 Wharton Weems Entry Sign REBID.pdf Capital Sign Assoc., LLC. CMD Group #17011 Wharton Weems Entry Sign REBID.pdf ConstructConnect #17011 Wharton Weems Entry Sign REBID.pdf Construction Software Technologies Dodge Data & Analytics #17011 Wharton Weems Entry Sign REBID.pdf Dynamic Signs Systems and Marketing, LLC Grand Cayon Minority Contractors Association and iSqFt Planroom Partnership Notification & Access Report to Sealed Bid #17011 - Wharton Weems Entry Sign Construction Re-bid Harris County Rentals #17011 Wharton Weems Entry Sign REBID.pdf Hearn Company #17011 Wharton Weems Entry Sign REBID.pdf Hoggatt LP #17011 Wharton Weems Entry Sign REBID.pdf I Sqft Plan Room IMS #17011 Wharton Weems Entry Sign REBID.pdf National Sign Plazas #17011 Wharton Weems Entry Sign REBID.pdf North America Procurement Council #17011 Wharton Weems Entry Sign REBID.pdf Onvia #17011 Wharton Weems Entry Sign REBID.pdf Patak Construction, Inc. #17011 Wharton Weems Entry Sign REBID.pdf Perkens WS Corporation #17011 Wharton Weems Entry Sign REBID.pdf Public Works #17011 Wharton Weems Entry Sign REBID.pdf Reed Construction Data RUBRO CONSTRUCTORS #17011 Wharton Weems Entry Sign REBID.pdf Sam Anderson Pvt Ltd Scogin, John #17011 Wharton Weems Entry Sign REBID.pdf SO Stone Castle Industries #17011 Wharton Weems Entry Sign REBID.pdf Taylor & Taylor Construction #17011 Wharton Weems Entry Sign REBID.pdf The Blue Book Building & Construction Network Tukmol General Contractor #17011 Wharton Weems Entry Sign REBID.pdf Vistex Graphics REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 037037 Rosalyn EptingRosalyn EptingSource of Funds:Source of Funds: Requested By:Requested By: 6063.565.99976063.565.9997 Parks & RecreationParks & RecreationAccount Number:Account Number: Department:Department: $55,000$55,000 Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:   $53,000$53,000 Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Bid TabulationBid Tabulation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Sealed Bid #17010 was opened and publicly read on January 31, 2017.  Eight vendors were notified and Sealed Bid #17010 was opened and publicly read on January 31, 2017.  Eight vendors were notified and twelve vendors downloaded the documents.  Three vendors responded.  The bid was for the following twelve vendors downloaded the documents.  Three vendors responded.  The bid was for the following fireworks displays:fireworks displays: ththth 125 Celebration: Friday, May 12 Celebration: Friday, May 12 Cody Johnson Concert at San Jacinto Monument Cody Johnson Concert at San Jacinto Monument ththth 125 Celebration: Saturday, May 13 Celebration: Saturday, May 13 Clay Walker Concert at Sylvan Beach Pier Clay Walker Concert at Sylvan Beach Pier thththth July 4 Celebration: Tuesday, July 4 Celebration: Tuesday, July 4 at Sylvan Beach Pier at Sylvan Beach Pier The attached exhibit shows the breakdown from the three bidders.  The low bidder was Pyrotecnico The attached exhibit shows the breakdown from the three bidders.  The low bidder was Pyrotecnico The attached exhibit shows the breakdown from the three bidders.  The low bidder was Pyrotecnico The attached exhibit shows the breakdown from the three bidders.  The low bidder was Pyrotecnico Fireworks, Inc. in the amount of $53,000. References were checked and were positive.Fireworks, Inc. in the amount of $53,000. References were checked and were positive. Fireworks, Inc. in the amount of $53,000. References were checked and were positive.Fireworks, Inc. in the amount of $53,000. References were checked and were positive. Staff recommends that the bid is awarded to Pyrotecnico Fireworks, Inc.Staff recommends that the bid is awarded to Pyrotecnico Fireworks, Inc. Action Required of Council:Action Required of Council: Consider approval or other action to award Bid #17010 to Pyrotecnico Fireworks, Inc. in the amount of Consider approval or other action to award Bid #17010 to Pyrotecnico Fireworks, Inc. in the amount of $53,000 for fireworks displays.$53,000 for fireworks displays. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate BidTabulationtoSealedBid#17010FireworkDisplays BidDueDate:January31,2017at2:00p.m. Fireworks& StageFXMagicinthePyrotecnico Section1BASEBIDITEMSAmericaSky,LLCFireworks,Inc. No. Itemof No.DescriptionUnits PricePricePrice 125thAnniversaryMay12,2017San 1JacintoMonument LS$44,500.00$15,478.00$15,000.00 125thAnniversaryMay13,2017Sylvan 2BeachPier LS$49,000.00$19,500.00$19,000.00 July4thCelebrationJuly4,2017Sylvan 3BeachPier LSNoBid$19,500.00$19,000.00 TotalBaseBid$93,500.00$54,478.00$53,000.00 REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:March13,2017Appropriation RequestedBy:RosalynEptingSourceofFunds:015 Department:Parks&RecreationAcctNumber:8080552.1100 Report:XResolution:Ordinance:AmountBudgeted:$150,000 Exhibits:BidTabulationAmountRequested:$124,944 Exhibits:Notification&AccessReportBudgetedItem:YESNO SUMMARY&RECOMMENDATION SealedBid#17010for2HVACchillerreplacementsatthePoliceDepartmentbuildingwasadvertisedin theBayAreaObserveronJanuary26,2017andFebruary2,2017.Thebidwasopenedandpubliclyread at2:00pmonFebruary16,2017.Fortyone(41)vendorswerenotifiedandthirtytwo(32)accessedthe )vendorsdownloadedthebiddocumentswith6responding. solicitation.Nineteen(19 ThelowbidwassubmittedbyICMfor$115,126.Thatamountcoverstheunitswithastandardwarranty of1year,partsandlaborincluded.Theadditional$9,818willbeforanoptionalwarrantythatcoversparts andlaborforyears25.Thetotalfortwonewchillersplusthewarrantywillbe$124,944. The/źƷǤ͸ƭhistorywithICMisapositiveone.ICMheldtheFiscalYear2016contractforHVACmaintenanceat thePoliceDepartmentbuilding.StaffhadnoissueswiththemandtheirworkfortheCity. Thereplacementofthechillersisnecessarybecauseofthedeteriorationofthecurrentunitthatisnineyears old.Thecoilsarecurrentlycorrodedduetotheelements.Thenewchillerswillhaveafactoringinstalled epoxycoatingonthecondensercoilswhichwillhopefullylimittheamountofcorrosionweencounterinthe future. Staffrecommendsawardingbid#17010toICMfor$124,944. ActionRequiredbyCouncil: Considerapprovalorotheractiontoawardbid#17010,intheamountof$124,944,toICMfortwoHVAC chillerreplacementsatthePoliceDepartmentbuilding. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate Bid Tabulation to Sealed Bid #17010 - HVAC Chiller Repacement at Police Department Custom Air Products & Services ICMDietel CompanyCES IndustrialKilgore Industries, LPHTX Item Unit Unit Unit Unit Unit Unit No.PriceExtended PricePriceExtended PricePriceExtended PricePriceExtended PricePriceExtended PricePriceExtended Price DescriptionUOMQTY 1 30RBX08064-LLQ3C ea2 57563$115,126.00 64936$129,872.00 65048$130,095.78 68957$137,914.00 75100$150,200.00$207,504.00 Std: 1 year parts & laborStd: 1 year parts & labor OPT 1: Compressor only; 2nd- 5th year warranty parts only $3278.37 2 Warranty ea Std 1 year parts & labor, inclStd included in priceOPT: Std: 1 yr parts & labor OPT 1: Compressors only, OPT 1: parts only, 2nd-5th OPT 1: Compressors only; 2nd-5th year parts only year, $2644.00; OPT 2: parts 2nd-5th years, $3400.00 OPT 2: Entire Unit warranty; $3,000 OPT 2: Entire & labor, 2nd-5th year, $9818OPT 2: Entire Unit warranty; Opt 2: 2nd -5th yr labor and 2nd-5th year parts & labor Machine, parts & labor 2nd- parts for entire unit at 2nd-5th year, $12600 $12174.005th year $9818.00$14954.00 No Option 3 Delivery, ARO in calendar days56 days9 weeks7-10 weeks60 dayswithin 12 weeks75 days Bid tab does not indicate award and is for information only. Other considerations may apply. Notifications and Access Report for Sealed Bid #17010 - HVAC Chiller Replacement at Police Department NOTIFICATIONS: VendorReason AACANN Mechanical, Inc.Bid Notification Advanced Facility MaintenanceBid Notification All Pro General Construction, InBid Notification Alpine Power Systems, Inc.Bid Notification Bay Refrigeration & A/C Co., IncBid Notification BidClerkAddendum Notification C-Air-S MechanicalBid Notification CAPP USA INCBid Notification CDC NewsBid Notification Clear the AirBid Notification CMD GroupAddendum Notification Construction Software TechnoloAddendum Notification custom air products & services, Bid Notification D DavilaBid Notification Dietel CompanyBid Notification Dodge Data & AnalyticsAddendum Notification Equipment Southwest, Inc.Bid Notification FROST CONSTRUCTION CO Bid Notification General Contractor Services, InBid Notification Gowan, Inc.Bid Notification Grand Cayon Minority Contracto Addendum Notification HD SUPPLY FACILITIES MAINBid Notification Hearn CompanyAddendum Notification Industrial & Commercial MechaBid Notification Industrial Systems, Inc.Addendum Notification iSqFt / AGC HoustonBid Notification Kilgore IndustriesBid Notification K. R. Allen Construction, L.L.C.Bid Notification Mechanical 73 CompanyBid Notification North America Procurement CoAddendum Notification OnviaAddendum Notification Perkens WS CorporationAddendum Notification Power Vac America, Inc.Bid Notification Royal Media NetworkBid Notification Sam Anderson Pvt LtdAddendum Notification Semiconductor Equipment Serv Bid Notification SME USA Inc.Bid Notification SOAddendum Notification Star Service Inc.Bid Notification The Blue Book Building & Cons Addendum Notification Tiocco inc.Bid Notification VALU Industrial ER Services, LBid Notification ACCESS: Vendor BidClerk CES Industrial Charter Communications Clear the Air CMD Group ConstructConnect Construction Software Technolo custom air products & services, Dietel Company#17010 HVAC Chiller Replacem 2017-02-16 01:38 PM CST Dodge Data & Analytics global soft inc Gowan, Inc. Grand Cayon Minority Contracto Harris County Rentals Hearn Company HTX Industrial LLC IMS Industrial & Commercial Mecha Industrial Systems Inc. Industrial Systems, Inc Industrial Systems, Inc. JEBCO inc. K.R. Allen Industrial Services, LLC Kilgore Industries North America Procurement Co Onvia Perkens WS Corporation Royal Media Network Sam Anderson Pvt Ltd SO Texas Air Systems The Blue Book Building & Cons Tukmol General Contractor REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 001001 Rosalyn EptingRosalyn EptingSource of Funds:Source of Funds: Requested By:Requested By: 8081.551.10118081.551.1011 Parks & RecreationParks & RecreationAccount Number:Account Number: Department:Department: $285,750$285,750 Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:   $285,750 in house$285,750 in house Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Evaluation WorksheetEvaluation Worksheet 2.Notification & Access ReportNotification & Access Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS RFP #17501 was opened and publicly read on December 15, 2016.  Eight (8) vendors were notified and RFP #17501 was opened and publicly read on December 15, 2016.  Eight (8) vendors were notified and ten (10) vendors downloaded the documents. Two proposals were received from United Pool ten (10) vendors downloaded the documents. Two proposals were received from United Pool Management and USA Management. A telephone interview was conducted with the highest rated Management and USA Management. A telephone interview was conducted with the highest rated proposer, United Pool Management. proposer, United Pool Management.  Overall, the proposals came in somewhat close to each other, at $211,500 from United Pool Overall, the proposals came in somewhat close to each other, at $211,500 from United Pool Management and $225,371 from USA Management. The attached exhibit shows the evaluation Management and $225,371 from USA Management. The attached exhibit shows the evaluation worksheet from the review committee.  References were called and two responded for each company. worksheet from the review committee.  References were called and two responded for each company.  USA Management had two bad references, while United Pool Management USA Management had two bad references, while United Pool Management’’s references were one good s references were one good and one bad. and one bad.  The issue of both companies being out of state caused some concern among staff.  United Pool The issue of both companies being out of state caused some concern among staff.  United Pool Management stated in the telephone interview that he would need to hire someone to oversee the pools Management stated in the telephone interview that he would need to hire someone to oversee the pools in La Porte.  He stated that he had a past employee from the area that he had in mind for the position. In in La Porte.  He stated that he had a past employee from the area that he had in mind for the position. In staff’s opinion, this would not be an optimal option for us. Staff would prefer that the person is a s opinion, this would not be an optimal option for us. Staff would prefer that the person is a seasoned staff member that understood the companyseasoned staff member that understood the company’’s operations. s operations.  Also, if the City awarded the RFP to United Pool Management this year and it did not work out, we would Also, if the City awarded the RFP to United Pool Management this year and it did not work out, we would be starting from scratch again next year, which is extremely difficult. The City has run pools be starting from scratch again next year, which is extremely difficult. The City has run pools successfully for the last 2 years and have set a high standard. Complaints and issues are way down successfully for the last 2 years and have set a high standard. Complaints and issues are way down from where they used to be.  Although pools are difficult to manage, starting from the beginning in a year from where they used to be.  Although pools are difficult to manage, starting from the beginning in a year would be that much more difficult. would be that much more difficult.  After careful consideration, staff is requesting Council reject all proposals and allow staff to operate After careful consideration, staff is requesting Council reject all proposals and allow staff to operate pools in house. Moving forward staff would request to maintain inpools in house. Moving forward staff would request to maintain in--house pool operations until further house pool operations until further notice. Action Required of Council:Action Required of Council: 1.Consider approval or other action to reject all submittals for Requests for Proposal #17501 and Consider approval or other action to reject all submittals for Requests for Proposal #17501 and allow staff to operate pools in house; or,allow staff to operate pools in house; or, 2.Consider approval or other action of a contract with the highest rated proposer, United Pool Consider approval or other action of a contract with the highest rated proposer, United Pool ManagementManagement Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Notifications Report to RFP #17501 - Aquatic Services Notifications: Vendor NameStateReason All Materials Construction LLCTXBid Notification Blue Armor Security Services, Inc.TXBid Notification High Sky Construction & Maintenance Inc.TXBid Notification Innovative PoolsTXBid Notification Labor FindersTXBid Notification Royal Media Network Inc.MDBid Notification Sweetwater Pools Inc.TXBid Notification Texas Aquatic Enterprises, Inc.TXBid Notification Access: Vendor NameDocuments BidClerk#17501 Aquatic Services RFP.pdf Charter Communications Construction Software Technologies global soft inc#17501 Aquatic Services RFP.pdf HDR Engineering, Inc.#17501 Aquatic Services RFP.pdf Hearn Company#17501 Aquatic Services RFP.pdf IMS#17501 Aquatic Services RFP.pdf Lindsay Circle, LLC#17501 Aquatic Services RFP.pdf North America Procurement Council#17501 Aquatic Services RFP.pdf Onvia Perkens WS Corporation Sam Anderson Pvt Ltd#17501 Aquatic Services RFP.pdf Sweetwater Pools Inc. Texas Aquatic Enterprises, Inc. The Blue Book Building & Construction Network#17501 Aquatic Services RFP.pdf Tukmol General Contractor USA Pool Management, Inc.#17501 Aquatic Services RFP.pdf USA POOLS OF TEXAS REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Brian SterlingBrian SterlingSource of Funds:Source of Funds: Requested By:Requested By:    Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Water Service AgreementWater Service Agreement 2.Sanitary Sewer Service AgreementSanitary Sewer Service Agreement 3.Area MapArea Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Carson Bayport 3, LLC has approached the City for water and sanitary sewer service to its facility at Carson Bayport 3, LLC has approached the City for water and sanitary sewer service to its facility at 4121 Malone Dr. in the Bayport Industrial District (see Area Map).  The company is constructing a 4121 Malone Dr. in the Bayport Industrial District (see Area Map).  The company is constructing a 275,000 square foot warehouse with 3,000 square feet of office space and estimates employing up to 275,000 square foot warehouse with 3,000 square feet of office space and estimates employing up to 50 full-time positions at this site.time positions at this site. Council has approved a policy to provide water and sanitary sewer service to companies located Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the Cityoutside the city limits and within the City’’s industrial districts (ETJ).  These companies are required by s industrial districts (ETJ).  These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City.  Carson Bayport 3, LLC the policy to maintain a current Industrial District Agreement (IDA) with the City.  Carson Bayport 3, LLC has an existing IDA with the City for the subject site (2007has an existing IDA with the City for the subject site (2007--IDAIDA--143).  Administrative fees in the amount 143).  Administrative fees in the amount of $5,000 for each agreement have been received.of $5,000 for each agreement have been received. Based on Carson Bayport 3, LLCBased on Carson Bayport 3, LLC’’s stated demand for domestic uses, the average daily volume for s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, the company will pay potable water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, the company will pay one and oneone and one--half (1half (1--1/2) times the City1/2) times the City’’s current utility rate for service. s current utility rate for service.  The terms of Carson Bayport 3, LLCThe terms of Carson Bayport 3, LLC’’s Water Service Agreement and Sanitary Sewer Service s Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof.  However, these Agreement will expire on December 31, 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination.between the parties, or if the City exercises its right of termination. Action Required of Council:Action Required of Council: Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC for its facility at 4121 Malone Dr. and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC for its facility at 4121 Malone Dr. in the Bayport Industrial District.in the Bayport Industrial District. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AREA MAP SITE LOCATION (4121 MALONE DR) 1 inch = 500 feet NEW DECADE DR 1 inch = 500 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested:    Michael DolbyMichael DolbySource of Funds:Source of Funds: Requested By:Requested By:    FinanceFinanceAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.FY 16 Comprehensive Financial ReportFY 16 Comprehensive Financial Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In accordance with the Cce with the Citityy C Chharter, tarter, thhe 2016 audit report will be pree 2016 audit report will be pressented to Council ented to Council bbyy the the e exxternternal auditors, Pattillo, Brown and Hill.auditors, Pattillo, Brown and Hill.TThehe a audit rudit reeport proviport providdees the Cis the Citty with rey with reaasonsonaable assurble assuraanncce the thaat the financial statteemmenents ts arare e frfreee e oof mf maattereriiaal mil missssttaatteemmenents.ts.ThThe e aauditors desuditors desiiggned tests that provide ned tests that provide evidence thaat the fint the finaanncciiaal stl staatteemmeents nts ccoonfnform to the hiorm to the higghheest lst leevveel of l of accaccountiountinng stg staannddaards. The City of rds. The City of La Porte received an unqualified (clean) opinion from the auditors and no management comments. La Porte received an unqualified (clean) opinion from the auditors and no management comments. The City of y of LLa Porte has won an award for a Porte has won an award for eexxcecelllleence in finnce in finaanncciiaal rl reeppoortinrting from the Government g from the Government Finance Officers Association for thirtyFinance Officers Association for thirty--five consecutive years.five consecutive years. Action Required of Council:Action Required of Council: Receive FY16 Comprehensive Financial Annual Report, as presented by the CityReceive FY16 Comprehensive Financial Annual Report, as presented by the City’’s independent s independent auditor. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 13, 2017 Source of Funds: 003 Requested By: Don Pennell Account Number: 003-9890-700-9150 Department: Public Works Amount Budgeted: $40,000 Report: ___ Resolution: _____ Ordinance: _________ Amount Requested: $34,689.12 Exhibit: City/Harris County Interlocal Agreement Budgeted Item: Yes SUMMARY & RECOMMENDATION Harris County anticipates bidding Choate Road Improvements from 1,200 feet west of Bay Area Blvd. to Highway 146 in June 2017. The City of La Porte has a sanitary sewer force main that runs from the lift station in Shady River subdivision to Gulf Coast Waste Disposal Authority on Bay Area Blvd. A segment of the force main is in the Choate Road right of way. The latest plan set provided by Harris County identifies two locations where the force main location conflicts with the proposed storm sewer improvements that are part of the Choate Road project. These City force main conflicts are best resolved by the Harris County contractor at the time of construction considering the traffic volumes, space constraints, and location of other utilities along Choate Road. The attached inter-local agreement provides a mechanism for Harris County to proceed with the construction of City force main conflicts with the City of La Porte reimbursing Harris County for the actual construction cost. The estimated cost of this work is $23,126.12 to be allocated from the FY 17 City budget Utility CIP Fund contingency. An additional conflict with the force main discovered during construction would add an additional estimated cost of $11,563.00. The inter-local agreement does allow the City to reject Harris County bids and obtain quotes independently if it is determined the bid price is unacceptable. Action Required by Council: Consider approval or other action to authorize the City Manager to execute an Interlocal Agreement between Harris County and the City of La Porte that would allow Harris County to construct the relocation of City sewer facilities along Choate Road for the construction of the Choate Road improvements. Approved for City Council Agenda Corby D. Alexander Date REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Kenith AdcoxKenith AdcoxSource of Funds:Source of Funds: Requested By:Requested By:    PolicePoliceAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Article III, Section 54Article III, Section 54--61 of the Code of Ordinances and the Texas Government Code, Section 341.012, 61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both entitled ““Police Reserve ForcePolice Reserve Force””, , require that persons appointed by the Chief of Police as reserve require that persons appointed by the Chief of Police as reserve police officers must be approved by City Council before they may carry a weapon or otherwise act as a police officers must be approved by City Council before they may carry a weapon or otherwise act as a peace officer.peace officer. The Department is requesting that City Council approve the appointment of Sergio Torre and Zachary The Department is requesting that City Council approve the appointment of Sergio Torre and Zachary Daniels to the Police Reserve Force.  Daniels to the Police Reserve Force.  Mr. Torre and Mr. Daniels hold a current Peace Officers License Mr. Torre and Mr. Daniels hold a current Peace Officers License with the State of Texas and has met all the same criteria (qualifications, training, screening, etc.) with the State of Texas and has met all the same criteria (qualifications, training, screening, etc.) required for a fullrequired for a full--time police officer position with the La Porte Police Department.time police officer position with the La Porte Police Department.    Action Required of Council:Action Required of Council: Consider approval or other action to appoint Sergio Torre and Zachary Daniels to the La Porte Police Consider approval or other action to appoint Sergio Torre and Zachary Daniels to the La Porte Police Reserve Force.Reserve Force. 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 March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Ian ClowesIan ClowesSource of Funds:Source of Funds: Requested By:Requested By:    Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.OrdinanceOrdinance 2.P&Z Recommendation LetterP&Z Recommendation Letter 3.Existing Future Land Use MapExisting Future Land Use Map 4.Proposed Future Land Use MapProposed 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 a request by Rodney Slaton for a zone change on a 6.69 acre tract of land on Fairmont Pkwy. with a request by Rodney Slaton for a zone change on a 6.69 acre tract of land on Fairmont Pkwy. legally described as Tract 19C, Abstract 482 W Jones Subdivision City of La Porte, Harris County, legally described as Tract 19C, Abstract 482 W Jones Subdivision City of La Porte, Harris County, Texas.  The City’s Future Land Use Plan identifies the subject property as s Future Land Use Plan identifies the subject property as ““Mid Density Residential,Mid Density Residential,””land use. land use. The applicant is requesting a change in zoning from Mid Density Residential (RThe applicant is requesting a change in zoning from Mid Density Residential (R--2) to General 2) to General Commercial (GC). In order to accommodate the proposed request, the FLUP would need to be Commercial (GC). In order to accommodate the proposed request, the FLUP would need to be amended to change the future land use designation from amended to change the future land use designation from ““Mid Density ResidentialMid Density Residential””to to ““Commercial.Commercial.” The Planning and Zoning Commission reviewed this request at the February 16, 2017, meeting and The Planning and Zoning Commission reviewed this request at the February 16, 2017, meeting and The Planning and Zoning Commission reviewed this request at the February 16, 2017, meeting and The Planning and Zoning Commission reviewed this request at the February 16, 2017, meeting and voted 6-0 to recommend 0 to recommend denialdenial of the proposed modifications to the Future Land Use Plan. The of the proposed modifications to the Future Land Use Plan. The Commission agreed with the concerns of the residential neighbors, and felt that this tract, along with the Commission agreed with the concerns of the residential neighbors, and felt that this tract, along with the property to the east lends itself better for residential uses and thus the zoning should remain the same. property to the east lends itself better for residential uses and thus the zoning should remain the same. Should the Council agree with the Planning CommissionShould the Council agree with the Planning Commission’’s recommendation to deny the zoning change, s recommendation to deny the zoning change, a simple majority vote is required.  Should the Council disagree with the Planning Commission a simple majority vote is required.  Should the Council disagree with the Planning Commission recommendation to deny the zoning change, a super majority vote would be required.  recommendation to deny the zoning change, a super majority vote would be required.   Action Required of Council:Action Required of Council:   1.Conduct public hearing.Conduct public hearing. 2.Consider denial or other action on a recommendation by the Planning and Zoning Commission to Consider denial or other action on a recommendation by the Planning and Zoning Commission to deny an Ordinance amending the Citydeny an Ordinance amending the City’’s Future Land Use Plan for a 6.69 acre tract of land known s Future Land Use Plan for a 6.69 acre tract of land known as Tract 19C, Abstract 482 W Jones Subdivision, generally located on Fairmont Pkwy. between as Tract 19C, Abstract 482 W Jones Subdivision, generally located on Fairmont Pkwy. between Brookwood Dr. and Canada Rd. and as depicted in the attached exhibit.Brookwood Dr. and Canada Rd. and as depicted in the attached exhibit. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate City of La Porte Planning and Development Department Established 1892 February 21, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Amendment to the C Future Land Use Map Request Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on February 16, 2017 for a request to amend the Cit Future Land Use Plan as adopted in the Comprehensive Plan for a 6.69 acre tract of land located on Fairmont Pkwy between Brookwood Dr. and Canada Rd. and legally described as Tract 19C, Abstract 482 W Jones Subdivision. The Future Land Use Plan amendment would modify the tract by changing the designation Density Residential use to cial use. The Commission voted 6-0 to recommend denial of the proposed amendment to the C Future Land Use Map. Respectfully submitted, Hal Lawler Chairman, Planning and Zoning Commission cc: Ian Clowes, City Planner Department File CityofLaPorte604W.FairmontParkwayPhone:(281)471-5020 PlanningandDevelopmentLaPorte,TX77571-6215Fax:(281)470-5005 www.laportetx.gov #16-92000007 M COLLINGSDALE RDONTGOM ERY LN APPOMATTOX BEECHAVEN RD BAKER T Y S TR EN BANDRIDGE RD G L A D W Y N E C T RUN BULL CHATTANOOGA EL M H A V E N R D DEFIAN CE CARLOW LN OAKHAVEN RD EAGLE RUN URE LN VENT N LD L FIE TERS UN H O R CH A RD L N N K L OO BR IR FA FAIRMONT PKWY 1 inch = 1,000 feet #16-92000007 M COLLINGSDALE RDONTGOM ERY LN APPOMATTOX BEECHAVEN RD BAKER T Y S TR EN BANDRIDGE RD G L A D W Y N E C T RUN BULL CHATTANOOGA EL M H A V E N R D DEFIAN CE CARLOW LN OAKHAVEN RD EAGLE RUN URE LN VENT N LD L FIE TERS UN H O R CH A RD L N N K L OO BR IR FA FAIRMONT PKWY 1 inch = 1,000 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM March 13, 2017March 13, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Ian ClowesIan ClowesSource of Funds:Source of Funds: Requested By:Requested By:    Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.OrdinanceOrdinance 2.P&Z Recommendation LetterP&Z Recommendation Letter 3.Applicant InformationApplicant Information 4.Zoning MapZoning Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant, Rodney Slaton, on behalf of WH Casserly, owner of a 6.69 acre tract of land on Fairmont The applicant, Rodney Slaton, on behalf of WH Casserly, owner of a 6.69 acre tract of land on Fairmont Pkwy., is requesting consideration of the proposed zone change from Mid Density Residential (RPkwy., is requesting consideration of the proposed zone change from Mid Density Residential (R--2) to 2) to General Commercial (GC). This will allow for construction of a selfGeneral Commercial (GC). This will allow for construction of a self--storage/ministorage/mini--warehouse use on site. warehouse use on site. The property is legally described as Tract 19C, Abstract 482 W Jones Subdivision, City of La Porte, The property is legally described as Tract 19C, Abstract 482 W Jones Subdivision, City of La Porte, Harris County, Texas. The subject site is located on Fairmont Pkwy, between Brookwood Dr. and Harris County, Texas. The subject site is located on Fairmont Pkwy, between Brookwood Dr. and Canada Rd. The tract is undeveloped.  Adjacent to the west is an existing senior care facility.  To the Canada Rd. The tract is undeveloped.  Adjacent to the west is an existing senior care facility.  To the north is an existing single family development, Brookglen, with undeveloped property on the east and north is an existing single family development, Brookglen, with undeveloped property on the east and south.  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 February 16, 2017, meeting. The Commission listened to the concerns of four neighbors who currently February 16, 2017, meeting. The Commission listened to the concerns of four neighbors who currently February 16, 2017, meeting. The Commission listened to the concerns of four neighbors who currently February 16, 2017, meeting. The Commission listened to the concerns of four neighbors who currently reside in the Brookglen neighborhood. They were concerned about lighting, drainage, and the possibility reside in the Brookglen neighborhood. They were concerned about lighting, drainage, and the possibility that the zone change could yield other commercial uses such as bars or auto repair facilities. The that the zone change could yield other commercial uses such as bars or auto repair facilities. The Commission agreed with the concerns of the residential neighbors and felt that this tract, along with the Commission agreed with the concerns of the residential neighbors and felt that this tract, along with the property to the east lends itself better for residential uses and thus the zoning should remain the same. property to the east lends itself better for residential uses and thus the zoning should remain the same. The commission voted 6The commission voted 6--0 to recommend 0 to recommend denialdenial of the requested zone change. Should the Council of the requested zone change. Should the Council agree with the Planning Commissionagree with the Planning Commission’’s recommendation to deny the zoning change, a simple majority s recommendation to deny the zoning change, a simple majority vote is required.  Should the Council disagree with the Planning Commission recommendation to deny vote is required.  Should the Council disagree with the Planning Commission recommendation to deny the zoning change, a super majority vote would be required. the zoning change, a super majority vote would be required.  The subject site is currently zoned Mid Density Residential (RThe subject site is currently zoned Mid Density Residential (R--2) and the City2) and the City’’s adopted Future Land s adopted Future Land Use Map identifies it as Mid Density Residential use. The rezoning of the subject property to GC would Use Map identifies it as Mid Density Residential use. The rezoning of the subject property to GC would require an amendment to the Future Land Use Plan. require an amendment to the Future Land Use Plan.  Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider denial or other action on a recommendation by the Planning and Zoning Commission to Consider denial or other action on a recommendation by the Planning and Zoning Commission to deny an ordinance for zone change request #16deny an ordinance for zone change request #16--92000007, for the rezoning of a 6.69 acre tract 92000007, for the rezoning of a 6.69 acre tract located on Fairmont Pkwy between Brookwood Dr. and Canada Rd.located on Fairmont Pkwy between Brookwood Dr. and Canada Rd., described as Tract 19C, , described as Tract 19C, Abstract 482 W Jones Subdivision from Mid Density Residential (RAbstract 482 W Jones Subdivision from Mid Density Residential (R--2) to General Commercial 2) to General Commercial (GC). Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate City of La Porte Planning and Development Department Established 1892 February 21, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Rezone Request #16-92000007 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the February 16, 2017 meeting on a zone change request by Rodney Slaton for a zone change of Tract 19C, Abstract 482 W Jones Subdivision from Mid Density Residential (R-2) to General Commercial (GC). The proposed zone change would allow for the construction of a self-storage/mini warehouse facility on the undeveloped tract. The Commission voted 6-0 to recommend denial of the proposed zone change. Respectfully submitted, Hal Lawler Chairman, Planning and Zoning Commission cc: Ian Clowes, City Planner Department File City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov AREA MAP #16-92000007 COLLINGSDALE RD APPOMATTOX BEECHAVEN RD BAKER BANDRIDGE RD CHATTANOOGA CARLOW LN OAKHAVEN RD EAGLE RUN FAIRMONT PKWY PROPOSED REZONE FROM R-2 TO GC 1 inch = 1,000 feet REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 13, 2017 Source of Funds: General Funds Requested By: Mike Collier Account Number: 001-9092-524-6021 Department: Planning and Development Amount Budgeted: $60,000 Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Ordinances Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION The Dangerous Building Inspection Board, as established by Sect. 82-472 of the City’s Code of Ordinances, is composed of the Deputy Building Official (Mike Collier), the Fire Chief (Mike Boaze) and the Fire Marshal (Clif Meekins). On September 12, 2016, Council conducted a public hearing and granted three property owners 180 days to complete repairs on structures located at 129 Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St. Prior to tonight’s meeting, courtesy letters both regular mail and certified, were sent to all property owners as a reminder of the upcoming deadline. The current status of each property is as follows: 129 Bayshore: Some improvements 304 S. Blackwell St.: No improvements. 1608 Roscoe: Some improvements At this time, staff is recommending Council consider authorizing the removal of the dangerous building located at 304 S. Blackwell St. to prevent devaluation of adjoining properties. Action Required by Council: 1.Conduct Public Hearing for three structures located at 129 Bayshore Dr., 304 S. Blackwell St., and 1608 Roscoe St; and 2.Consider approval or other action to proceed with removal of the dangerous building located at 304 S. Blackwell St. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:March13,2017Appropriation RequestedBy:RosalynEptingSourceofFunds:N/A Department:Parks&RecreationAcctNumber: Report:XResolution:Ordinance:AmountBudgeted: Exhibits:AmendedAgreement(approvedbyCouncil)AmountRequested: Exhibits:LPBBARecommendedAgreement(redline)BudgetedItem:YESNO Exhibits:LPBBARecommendedAgreement(clean) SUMMARY&RECOMMENDATION AttheFebruary27,2017Councilmeeting,staffpresentedanamendedagreementthatwouldreplacethe existingagreement.Currently,theLaPorteBoysBaseballAssociation(LPBBA)hasanagreementthatwas signedinAugust2014.Staffpresentedalistof19highlightedchangesthatweretheresultofnegotiations withtheAssociation,aswellasinputfromtheCouncil.Thisagreementasapprovedunanimouslybythe Councilandincludedtwoadditionalamendmentsonetoincludelanguagethatallworkerswouldbesubject tothe1099requirementsandanothertoclarifythatscholarshipsforLaPorteHighSchoolseniorswouldbe consideredaneligibleAssociationexpenditure. SubsequenttothisCouncilmeeting,twoCouncilmembersandrepresentativesoftheAssociationmetto discussadditionalchangestotheagreement.Thechangessuggestedasaresultofthismeetingareincluded asbotharedlinefileandacleanfile.Thechartbelowcomparesthelanguageincludedintheagreement approvedonFebruary27totheproposedlanguagegeneratedfromthefollowupmeeting: ChangeinAgreementApprovedFeb27ProposedChangeinAgreementPresentedMar13 1.UseislimitedtorecreationleagueplayonlyUseislimitedtorecreationleagueplayonly(non (nonselect,noncompetitive,exceptforFallSundayselect,noncompetitive,exceptforFallSunday SelectLeague).SelectLeagueANDoneweekday,asdeterminedby theAssociationforselectplay). 2.FairmontwasremovedasanoptionforAssociationproposesretainingrightstoFairmont themtobeguaranteedpracticetimeandpriorityfieldsforpracticeTuesdaysandThursday;February usage.toJune. 3.Intheeventofrainouts,theCitywillalwaysAssociationagreedwiththis.Nochangeproposed. makethedecisiontoclosefields. 4.LPBBAwillonlybeallowedtosubcontractaAssociationproposesnolimitsontournamentsso maximumof10tournamentsayear.longastournamentplaydoesnotinterferewith SpringorFallleagueplay. 5.NonleagueplaytournamentdepositswillAssociationproposeseliminatingrequirementto matchallschedulesandrosters.providerosters. 6.NonleagueplaytournamentswillprovideaAssociationagreedwiththis.Nochangeproposed. currentcertificateofinsurancewiththesame requirementsastheassociation. 7.Ten(10)percentofallnonleagueplayAssociationagreedwiththis.Nochangeproposed. tournamententryfeeswillbepaidtotheCitywithin two(2)weeksofthetournament. 8.ForadditionalfieldmaintenancerequestedAssociationproposeseliminatingthisrequirement. duringtournaments,LPBBAwillpaytheCity$30per field,pertimetheyareprepared. 9.LPBBAwillberesponsibleforanyroutineAssociationagreedwiththis.Nochangeproposed. marking,raking,lightdragging,andwatering. 10.LPBBAwillpaythecity$500amonthforAssociationproposeseliminatingthisrequirement. fieldmaintenanceeachmonth,providedtheyhave theopportunitytogiveinputonfieldmaintenance 11.Forconcessions,newoperatingcashAssociationagreedwiththis.Nochangeproposed. controlswereoutlinedonpagethree(3)(pointof salesystem,deposits,inventory,staffpay,etc.). 12.Page3outlinesumpiresanddiscusseshowAssociationagreedwiththeaddedlanguage.No LPBBA agreestouseathirdpartyvendor/umpire changeproposed. association.TheAssociationwillthenfilethe appropriate1099andanyotherrequiredIRSfilings. Paymentstovendorshallreconciletogameschedules. Languagewasaddedtoincludethatallworkers,not justconcessionandumpires,whoareeligible receivea1099. 13.OutfieldsignagewaspreviouslylimitedtoAssociationagreedwiththis.Nochangeproposed. nomorethanfive(5)signsperfield,nowsignsare allowedonthefencebetweenthefoulpoles.Also, 2signsmaybeaddedtothebackstopsabovethe crossbar. 14.LPBBAisrequiredtomaintainawrittenAssociationagreedwiththis.Nochangeproposed. policyoncriminalbackgroundchecks,andeveryone mustbecheckedonanannualbasis. 15.Theagreementtermisone(1)year.Associationproposesaninitial9monthtermwith ЋΓЊyearrenewals. 16.Allchecksrequiretwo(2)signatures.Associationagreedwiththis.Nochangeproposed. 17.LPBBAwillfurnishtheCityalogonintotheAssociationagreedwiththis.Nochangeproposed. registrationsystemtomatchdepositswith registrations. 18.IftheCityrequestspaperdocuments,itAssociationproposesten(10)workingdays. mustbeprovidedwithinthree(3)workingdays. FundsobtainedbyLPBBAwillbeusedforLeagueAssociationproposesthestandardfordetermining purposesonlyandthebylawsshallbeamendedtoeligibleexpendituresbethatexpendituresbemade statethataswell.Languagewasaddedtoincludeinthebestinterestofchildrenwhoplayorhave scholarshipsforLaPorteHighSchoolseniorsasanplayedintheleagueandthatarepermissible eligibleAssociationexpenditure.expendituresfor501c(3)nonprofitorganizations. ActionRequiredbyCouncil: ProvideguidanceregardingtheproposedAgreementbetweentheCityofLaPorteandLaPorte.ƚǤ͸ƭ BaseballAssociationandtakeappropriateaction. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate AgreementApprovedattheFeb27,2017meeting AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE BOYS BASEBALL ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES BECAUSE, the City of La Porte, Texas (the City) is the owner and operator of various youth baseball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Boys Baseball Association (the ociation has provided the organization of youth baseball teams, conducted instructional league and tournament play for the youth of La Porte for many years, and has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various youth baseball facilities owned by the City; and Because, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community, its support, and funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City will provide limited use of the youth baseball facilities as described in xhibit which is attached and herein as if set out herein verbatim, and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in February through the last weekend in December for each year that this Agreement is in effect. Use is limited to recreational league play only (non-select, non-competitive, except for Fall Sunday Select League) Monday through Sunday, from 7:00am until 11:00pm each day for Pecan Park. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting youth baseball league games, practice games, league/team practices, tournament games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. For rainouts, the City will make the decision to close fields. The fields at Fairmont Park are now designated primarily for practice use. Any scheduled tournament games to be held at Fairmont Park will require the written permission of the Director of Parks & Recreation or his/her designee, and such approval shall not be unreasonably withheld. The number of tournaments eligible to be subcontracted by the Association to third party entities for Pecan Park will be limited to ten (10) per calendar year, in addition to Association tournaments. All non-league play tournaments will provide a tournament schedule and team rosters that will be turned into the City to be matched with all deposits from said tournament. Any non- league play tournaments will provide a current certificate of insurance with the same requirements as outlined for the Association in Section VIII of this Agreement. Ten (10) percent of all non-league play tournament entry fees will be paid to the City by the Association within two (2) weeks of the completion of the tournament. If additional field maintenance is required during tournaments, the Association will pay the City $30 per field, per time the fields are prepared. The Association will schedule no more than four tournaments annually that utilize the practice fields at Fairmont Park. No tournament games at Fairmont Park may be scheduled to begin before 7:00am, nor after 8:00pm on Saturday; or begin before 9:00am, nor after 6:00pm on Sunday. II. The City will assume limited responsibility for maintenance of all structures located on City property at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking, light dragging, watering and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be responsible for routine marking, raking, light dragging, watering and other field preparation as necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. In exchange for grounds maintenance to be undertaken by City under this paragraph, the Association will pay the City $500.00 per month, payable on the 1st of the month, February-October. In connection with payment of this fee, the Association will have the opportunity to give input on the field maintenance. The Association will continue to purchase red dirt at a minimum of five (5) loads annually, if needed. The City has also provided an open air pavilion containing restroom, storage, and concession facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession facilities, the Maintenance facility for City use with designated storage area for the Association, the satellite storage building, and any permanent attachments to said facilities, are the property of the City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession booth. It will be available for tournament or practice use by the Association for portable food and drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility service to the concession/restroom, and storage structures various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth baseball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages and maintenance inside and around the batting cages. The Association agrees to clean the restroom facilities at its expense, in addition to the Citys regular cleaning schedule on an as needed basis, during the Associations use of the facilities particularly including tournament use, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property. The Association agrees to the following concession operations processes: A Point of Sale system will be used to maintain all inventory and sales. A Point of Sale System will be used for all mobile sales. Concessions workers making $600 or more a year will receive a 1099, unless they are hired through a staffing company. Deposits will be made the next business day, All monies will be kept in the safe until deposited. City staff will spot check all concessions deposits and/or inventory monthly, at a minimum. When dealing with umpires, the Association agrees to use a third party vendor/umpire association. The Association will then file the appropriate 1099 and any other required IRS filings. Payments to vendor shall reconcile to game schedules. In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified herein, the Association may schedule annually up to a maximum of eight (8) additional days for unday Only use of the Fairmont Park fields for overflow league games if needed. Association must provide the dates of the days to be used for the overflow league games to the City at least thirty (30) day prior to commencement of the league. Rainout days will be allowed provided that notice is given of the rainouts as they occur. The Association agrees to provide all field preparation necessary to conduct said league games. Further, the Association agrees to remove all litter and trash associated with the league games and deposit them off-site. The Association agrees to clean and stock restrooms at its expense for the league games. The City agrees to provide its standard level of maintenance for the league games, any maintenance over and above those responsibilities identified herein, will be the responsibility of the Association for the league games. In addition to the concession workers and umpires receiving 1099 and other required IRS filings/documents, all workers engaged by the Association for work shall also be subject to 1099 requirements when total income for the year exceeds the IRS limits. IV. The Association is granted the right to solicit advertising boards for the outfield fencing at the ten baseball fields at Pecan Park. Per the architects recommendation, signs placed on the fencing are limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the view. The City reserves the right to review and approve potential advertisers and sign content prior to #1, installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields #8, #9 and #10. All revenues generated by the advertising boards shall be the property of the Association. V. Batting cages shall not be open for use by the general public by the Association under any circumstances, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other baseball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth baseball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup youth baseball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorneys fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorneys fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Associations scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall maintain a written policy on criminal background checks by March 1, 2017. All board members, coaches, employees, and volunteers shall be background checked on an annual basis. X. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XII. This Agreement shall be in force for a period of one (1) year, beginning with the date of its execution by both parties. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other boys baseball facilities that may be contemplated in the City. XIII. The Association shall maintain a favorable financial position during the term of this Agreement. The Association will provide an official annual report on the Associations fiscal condition to the City, comprised of a combined expense statement/balance sheet as approved by the Citys Controller and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. The Annual Report on the Associations Fiscal Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the Citys satisfaction within that time, the agreement will be considered in Default. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. Also, the Association will furnish the City a logon into the registration system so that deposits can be matched to the registrations. Should any questions arise, the City will request paper documents that will be provided to the City within three (3) business days. The City will spot check Association accounting at a minimum of once a month. Note that all expenditures of Association funds will be used only for League purposes, to include scholarships for La Porte High School seniors, and in accordance therewith, Association by-laws, shall be amended to so state. XIV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the___th day of February, 2017 by its City Manager and attested by its City Secretary; and (B) It has been executed on behalf the Association on the th day of February, 2017 by its President and attested by its Secretary, authorizing such execution. CITY OF LA PORTE, TEXAS Corby D. Alexander, City Manager ATTEST: Patrice Fogarty, City Secretary LA PORTE BOYS BASEBALL ASSOCIATION Heath Patterson, President ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney EXHIBIT A The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows: PECAN PARK FACILITIES Field #1 is the northernmost baseball field at the park, located on the northeast corner of the park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada Road, and on the west, by Field #2. Field #2 is located immediately west of Field #1, east of Field #3, and to the northeast of the Maintenance Facility. Field #3 is located immediately west of Field #2, north of Field #4, and to the northwest of the Maintenance Facility. Field #4 is located immediately south of Field #3, north of Field #5, and to the southwest of the Maintenance Facility. Field #5 is located immediately south of Field #4, north of Field #6, and directly west of the Pavilion. Field #6 is located immediately south of Field #5, north of Field #7, and to the southwest of the Pavilion. Field #7 is located immediately south of Field #6, directly west of Field #8, in the southwest corner of the park. Field #8 is located immediately east of Field #7, and south of Field #9, and directly west of Canada Road. Field #9 is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and directly west of Canada Road. Field #10 is located directly east of Canada Road, northeast of Field #9, and south of Field #1, southeast of the Pavilion, and directly west of Canada Road. /Restrooms are located northwest of Field #10, southwest of Field #9. Pavilion/Concession Storage Area is located southwest of Field #2, southeast of Field Facility Maintenance #3, and northeastof Field #4. Satellite Storage Building is located diagonally between and north of Fields #7 & #8, and to the southeast of Field #6. Batting Cages are located directly east of Field #8, directly east of Canada Road, on the southeast corner of the park. FAIRMONT PARK PRACTICE FACILITIES Field #1 is the southernmost baseball field at the park, located on the southwest corner of the park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle parking lot off Farrington; on the east by Field #2; and on the north by Field #3. Field #2 is located immediately east of Field #1, and southeast of the Concession/Restroom building. Field #3 is located immediately north of Field #1, and northwest of the Concession/Restroom building. Field #4 is located immediately east of Field #3, and northeast of the Concession/Restroom building. Concession/Restroom Building is located in the center of the cloverleaf formed by Fields #1 -4. Storage Area is located east of the Concession/Restroom building, outside the cloverleaf formed by Fields #1-4. AgreementProposedforConsiderationMarch13,2017 AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE BOYS BASEBALL ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES BECAUSE, the City of La Porte, Texas (the City) is the owner and operator of various youth baseball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Boys Baseball Association (the ociation has provided the organization of youth baseball teams, conducted instructional league and tournament play for the youth of La Porte for many years, and has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various youth baseball facilities owned by the City; and Because, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community, its support, and funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City will provide limited use of the youth baseball facilities as described in xhibit which is attached and herein as if set out herein verbatim, and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in February through the last weekend in December for each year that this Agreement is in effect. Use is limited to recreational league play only (non-select, non-competitive, except for Fall Sunday Select League) Monday through Sunday, from 7:00am until 11:00pm each day for Pecan Park, and 7:00 am to 9:00 pm for practice only at Fairmont Park from February to June each year. There are two exceptions to the recreational league play only provision for use of Pecan Park: Fall Sunday Select League One designated weekday per week, as determined by the Association, for select play The Association shall have exclusive right and responsibility for scheduling, organizing and conducting youth baseball league games, practice games, league/team practices, tournament games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. For rainouts, the City will make the decision to close fields. The fields at Fairmont Park are now designated primarily for practice use. Any scheduled tournament games to be held at Fairmont Park will require the written permission of the Director of Parks & Recreation or his/her designee, and such approval shall not be unreasonably withheld. The number of tournaments eligible to be subcontracted by the Association to third party entities for Pecan Park will be limited to ten (10) per calendar year, in addition to Association tournaments. All non-league play tournaments will and the Association will provide a tournament schedule and team rosters that will be turned into the City to be matched with all deposits from said tournament. Any non- league play tournaments will provide a current certificate of insurance with the same requirements as outlined for the Association in Section VIII of this Agreement. Ten (10) percent of all non-league play tournament entry fees will be paid to the City by the Association within two (2) weeks of the completion of the tournament. If additional field maintenance is required during tournaments, the Association will pay the City $30 per field, per time the fields are prepared. The Association will schedule no more than four tournaments annually that utilize the practice fields at Fairmont Park. No tournament games at Fairmont Park may be scheduled to begin before 7:00am, nor after 8:00pm on Saturday; or begin before 9:00am, nor after 6:00pm on Sunday. II. The City will assume limited responsibility for maintenance of all structures located on City property at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking, light dragging, watering and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be responsible for routine marking, raking, light dragging, watering and other field preparation as necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. In exchange for grounds maintenance to be undertaken by City under this paragraph, the Association will pay the City $500.00 per month, payable on the 1st of the month, February-October. In connection with payment of this fee, the Association will have the opportunity to give input on the field maintenance. The Association will continue to purchase red dirt at a minimum of five (5) loads annually, if needed. The City has also provided an open air pavilion containing restroom, storage, and concession facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession facilities, the Maintenance facility for City use with designated storage area for the Association, the satellite storage building, and any permanent attachments to said facilities, are the property of the City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession booth. It will be available for tournament or practice use by the Association for portable food and drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility service to the concession/restroom, and storage structures various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth baseball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages and maintenance inside and around the batting cages. The Association agrees to clean the restroom facilities at its expense, in addition to the Citys regular cleaning schedule on an as needed basis, during the Associations use of the facilities particularly including tournament use, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property. The Association agrees to the following concession operations processes: A Point of Sale system will be used to maintain all inventory and sales. A Point of Sale System will be used for all mobile sales. Concessions workers making $600 or more a year will receive a 1099, unless they are hired through a staffing company. Deposits will be made the next business day, All monies will be kept in the safe until deposited. City staff will spot check all concessions deposits and/or inventory monthly, at a minimum. When dealing with umpires, the Association agrees to use a third party vendor/umpire association. The Association will then file the appropriate 1099 and any other required IRS filings. Payments to vendor shall reconcile to game schedules. In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified herein, the Association may schedule annually up to a maximum of eight (8) additional days for unday Only use of the Fairmont Park fields for overflow league games if needed. Association must provide the dates of the days to be used for the overflow league games to the City at least thirty (30) day prior to commencement of the league. Rainout days will be allowed provided that notice is given of the rainouts as they occur. The Association agrees to provide all field preparation necessary to conduct said league games. Further, the Association agrees to remove all litter and trash associated with the league games and deposit them off-site. The Association agrees to clean and stock restrooms at its expense for the league games. The City agrees to provide its standard level of maintenance for the league games, any maintenance over and above those responsibilities identified herein, will be the responsibility of the Association for the league games. In addition to the concession workers and umpires receiving 1099 and other required IRS filings/documents, all workers engaged by the Association for work shall also be subject to 1099 requirements when total income for the year exceeds the IRS limits. IV. The Association is granted the right to solicit advertising boards for the outfield fencing at the ten baseball fields at Pecan Park. Per the architects recommendation, signs placed on the fencing are limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the view. The City reserves the right to review and approve potential advertisers and sign content prior to #1, installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields #8, #9 and #10. All revenues generated by the advertising boards shall be the property of the Association. V. Batting cages shall not be open for use by the general public by the Association under any circumstances, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other baseball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth baseball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup youth baseball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorneys fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorneys fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Associations scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall maintain a written policy on criminal background checks by March 1, 2017. All board members, coaches, employees, and volunteers shall be background checked on an annual basis. X. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XII. The Initial Term of Tthis Agreement shall be for that period beginning with the date of its execution by both parties and extending until December 31, 2017. After the Initial Term The this Agreement shall automatically renew for two (2) one-year Renewal Terms, staring on January 1 of each successive year. However, should either party cause this Agreement to not renew for any one-year Renewal Term, written notice must be given by the non- renewing party to the other party at least thirty (30) days before the end of the Initial Term, or 30 days before the end of the first Renewal Term, as the case may be. XIII. During any Renewal Term, either Party may terminate the Agreement without cause at any time by providing thirty (30) days written notice to the other party. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other boys baseball facilities that may be contemplated in the City. XIII. IXV The Association shall maintain a favorable financial position during the term of this Agreement. The Association will provide an official annual report on the Associations fiscal condition to the City, comprised of a combined expense statement/balance sheet as approved by the Citys Controller and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. The Annual Report on the Associations Fiscal Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the Citys satisfaction within that time, the agreement will be considered in Default. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. Also, the Association will furnish the City a logon into the registration system so that deposits can be matched to the registrations. Should any questions arise, the City will request paper documents that will be provided to the City within three (3) ten (10) business days. The City will spot check Association accounting at a minimum of once a month. Note that all expenditures of Association funds will be used only for League purposes, to include scholarships for La Porte High School seniorsmade in the best interests of children who play or have played in the league, and in accordance therewith, Association by-laws, shall be amended to so state, as well as the regulations governing 501(c)(3) non-profit organizations. XIV. XV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the___th day of March, 2017 by its City Manager and attested by its City Secretary; and (B) It has been executed on behalf the Association on the th day of March, 2017 by its President and attested by its Secretary, authorizing such execution. CITY OF LA PORTE, TEXAS Corby D. Alexander, City Manager ATTEST: Patrice Fogarty, City Secretary LA PORTE BOYS BASEBALL ASSOCIATION Heath Patterson, President ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney EXHIBIT A The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows: PECAN PARK FACILITIES Field #1 is the northernmost baseball field at the park, located on the northeast corner of the park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada Road, and on the west, by Field #2. Field #2 is located immediately west of Field #1, east of Field #3, and to the northeast of the Maintenance Facility. Field #3 is located immediately west of Field #2, north of Field #4, and to the northwest of the Maintenance Facility. Field #4 is located immediately south of Field #3, north of Field #5, and to the southwest of the Maintenance Facility. Field #5 is located immediately south of Field #4, north of Field #6, and directly west of the Pavilion. Field #6 is located immediately south of Field #5, north of Field #7, and to the southwest of the Pavilion. Field #7 is located immediately south of Field #6, directly west of Field #8, in the southwest corner of the park. Field #8 is located immediately east of Field #7, and south of Field #9, and directly west of Canada Road. Field #9 is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and directly west of Canada Road. Field #10 is located directly east of Canada Road, northeast of Field #9, and south of Field #1, southeast of the Pavilion, and directly west of Canada Road. /Restrooms are located northwest of Field #10, southwest of Field #9. Pavilion/Concession Storage Area is located southwest of Field #2, southeast of Field Facility Maintenance #3, and northeastof Field #4. Satellite Storage Building is located diagonally between and north of Fields #7 & #8, and to the southeast of Field #6. Batting Cages are located directly east of Field #8, directly east of Canada Road, on the southeast corner of the park. FAIRMONT PARK PRACTICE FACILITIES Field #1 is the southernmost baseball field at the park, located on the southwest corner of the park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle parking lot off Farrington; on the east by Field #2; and on the north by Field #3. Field #2 is located immediately east of Field #1, and southeast of the Concession/Restroom building. Field #3 is located immediately north of Field #1, and northwest of the Concession/Restroom building. Field #4 is located immediately east of Field #3, and northeast of the Concession/Restroom building. Concession/Restroom Building is located in the center of the cloverleaf formed by Fields #1 -4. Storage Area is located east of the Concession/Restroom building, outside the cloverleaf formed by Fields #1-4. Council Agenda Item March 13, 2017 8. (a) Receive report of the Fiscal Affairs Committee Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item March 13, 2017 March 13, 2017 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Planning and Zoning Commission Meeting, Thursday, March 16, 2017Planning and Zoning Commission Meeting, Thursday, March 16, 2017 •Zoning Board of Adjustment Meeting, Thursday, March 23, 2017Zoning Board of Adjustment Meeting, Thursday, March 23, 2017 •La Porte Development Corporation Board Meeting, Monday, March 27, 2017La Porte Development Corporation Board Meeting, Monday, March 27, 2017 •City Council Meeting, Monday, March 27, 2017City Council Meeting, Monday, March 27, 2017 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, information or existing policies. Councilmembers Clausen, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyLeonard, Engelken, Earp and Mayor Rigby   11.ADJOURNADJOURN ****************************************************************** ******************************************************************