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10-23-17 Regular Meeting of the La Porte City Council
LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Mayor Pro-Tem DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Councilmember District 5 Councilmember District 1 NANCY OJEDA CHUCK ENGELKENCouncilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 9, 2017 The City Council of the City of La Porte met in aregular meeting onMonday,October 9, 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 Ojeda, J. Martin, K. Martin, Kaminski, Engelken, Zemanek, andEarp. Absent: Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. (a) Proclamation Domestic Violence Awareness Month Mayor Rigby Mayor Rigby presented a proclamation to Shannon Nevol, representative with Bay Area Turning Point, Inc., regarding Domestic Violence Awareness Month. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Drue Adams, 200 Crescent View, addressed Council in regards to the gate blocking access to the bay and requested City Council assist in removing the gate. th Paul Larson, 200 N. 4 St., addressed Council regarding the building located at 621 W. Main. At the September 25, 2017, council meeting, City Council deemed this building a dangerous, substandard structure and ordered staff to move forward with demolition. Mr. Larson requested Council repeal the ordinance condemning the building. Jay Azimpour, property owner of 621 W. Main, addressed Council stating he also hopes the condemnation ordinance can be repealed. 5.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 the minutes of the meeting held on September 25, 2017 P. Fogarty (b) Consider approval or other action regarding change in City Council meeting dates for the months of November and December due to holiday schedule P. Fogarty Page 1 of 3 October 9, 2017, Council Meeting Minutes (c) Consider ratifying nomination of Champ Dunham from Councilperson District 1 position to fill vacancy on the Fire Code Review Committee P. Fogarty (d) Consider approval or other action authorizing the City of La Porte to enter into an Interlocal Agreement with Purchasing Association of Cooperative Entities (PACE) to utilize cooperative purchasing contracts for the performance of governmental functions and services C. Daeumer (e) Consider approval or other action awarding contract for janitorial services through Purchasing Association of Cooperative Entities (PACE) C. Daeumer (f) Consider approval or other action regarding an Encroachment Agreement between the City of La Porte; Joe Bertuglia and Evangelia Bertuglia, to authorize maximum 2.3 foot encroachment of existing home on S. Holmes Ave. C. Alexander Consent Agenda Item E was singled out for questions by Councilmember Earp, and Purchasing Manager Cherell Daeumer answered his questions. Councilmember J. Martin made a motion to approve all Consent Agenda Items pursuant to staff recommendations. Councilmember K. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Leonard was absent. Shirley Belgau, addressed Council in opposition to Consent Item F. 7. AUTHORIZATIONS (a) Consider approval or other action adopting proposed City of La Porte Internal Ethics Compliance Policy K. Adcox Police Chief Ken Adcox presented a summary. Councilmember Earp made a motion to adopt the City of La Porte Internal Ethics Compliance Policy.Councilmember Ojeda seconded. MOTION PASSED 8/0. Councilmember Leonard was absent. 8. ADMINISTRATIVE REPORTS There were no additional reports. 9. 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 commented the meeting was good; Councilmember Earp asked if the issue with access to the bay at Crescent View can be discussed at a future meeting; Councilmember J. Martin commented he will visit with Mrs. Belgau after the meeting; Councilmember Zemanek commented that Mr. Adams made some interesting points while addressing City Council and commented he would like information on how the City installed a sewer line at the property; and Mayor Rigby advised he attended a ribbon cutting at Ellington Field for the Lone Star Museum, and it is an extremely interestingmuseum;he thanked the City of La Porte Police Department for hosting National Night Out and the many neighborhoods within the community, and recognized Councilmember Terry Sain from the City of Baytown for attending the meeting. Page 2 of 3 October 9, 2017, Council Meeting Minutes 10. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 6:40 p.m. Councilmember Zemanek seconded the motion.MOTION PASSED UNANIMOUSLY 8/0. Councilmember Leonard was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on October 23, 2017. ________________________________ Mayor Louis R. Rigby Page 3 of 3 October 9, 2017, Council Meeting Minutes RESOLUTION NO. 2017 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE HOUSTON- GALVESTON AREA COUNCIL 2018 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. * * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: representative Section 1. That the following individuals be and are hereby selected as the and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2018: REPRESENTATIVE: __________________________ ALTERNATE: _______________________________ Section 2. That the hereinabove named representative and alternate are hereby selected as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2018. Section 3. That the Executive Director of the Houston-Galveston Area Council be notified ofthe selection of the hereinabove named representative and alternate. rd PASSED and ADOPTED this the 23 day of October, 2017. CITY OF LA PORTE By: ________________________ Louis R. Rigby Mayor ATTEST: APPROVED: ___________________ __________________________ Patrice Fogarty Clark T. Askins Assistant City Attorney City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 23, 2017 Appropriation Requested By: Rosalyn Epting Source of Funds: 032 (Park Zone #1) Department: Parks & Recreation Acct Number: Report: X Resolution: Ordinance: Amount Budgeted: $63,000 Exhibits: Quote Amount Requested: $63,000 Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION During budget retreat, staff presented Council with the option to reconstruct all 10 fields at Pecan Park in an attempt to help with the drainage. Athletic Field Specialists met with us on site and presented us with the attached quote. The work would be completed in November, after Sunday Select and Fall Ball is finished. This completion time would be contingent on any weather delays. Athletic Field Specialists is a Buy Board Vendor, so a formal bid process is not required. For the last year, Athletic Field Specialists has been our provider for higher quality red dirt. Also, LPISD uses them to work on the High School Baseball Field, as well as the football fields at Lomax Junior High and La Porte Junior High. Reconstructing all ten (10) field will cost $63,000 and include the following: Remove lips on all fields as needed and replace sod with big roll 419 Bermuda Add red infield dirt and till with existing dirt Laser grade each field Rebuild pitching mounds and sod the area in front of mounds Add infield conditioner to each field Haul away spoils and clean when finished. Staff recommends that the quote is awarded to Athletic Field Specialists. Action Required by Council: Consider approval or other action authorizing staff to accept the quote from Athletic Field Specialists in the amount of $63,000 for reconstructing all 10 fields at Pecan Park. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: Source of Funds:IT Budget Requested By: Grady Parker Account Number:001-6066-519-2093 Department: Information Technology Amount Budgeted:$218,000 Report: X Resolution: Ordinance: Amount Requested:$199,357 Exhibits: Budgeted Item:YES XNO Exhibits: PCMG Hardware Quotes Exhibits ardware specs per machine model ExhibitsBestBuy Dell 5580________________________ SUMMARY & RECOMMENDATION Background: The City of La Porte currently utilizes the State of Texas Department of Information (DIR) program to replace computer workstations throughout the City. The City has leased the machines with a ProSupport with a3 years warranty support plan. This allowed the computers to be replaced with newer models every 3 years. Now, we are looking to purchase the machines with ProSupport for 3 years with a2-year extension. This will allow us to replace our new computers every 5 years while keeping the machines under the dell 24/7 warranty level. We replaced136 computers in FY17 under those terms and we will be replacing the remaining 149 computers this year FY18. With the purchase of these remaining 149 computers we will close out our current Dell lease agreement. Dell has partnered with PCMG (aka PCMall Gov) to provide service of purchasing the computers through PCMG. The equipment will be purchased through PCMG utilizing their BuyBoard Contract 498-15. example. You will see that BestBuy is a close match to our Dell specs (i7, 8GB mem, 256GB hard drive) at a cost of $2,520.99. with leveraging our PCMG contract we are able to get the Latitude 5580 (i7, 16GB mem, 500GB hard drive) at a cost of $1,438.50. Both vendors offer a 3 year warranty the difference being BestBuy is a manufacture warranty where the hardware will need to be shipped out and fixed, where Dell the parts or overnighted or repaired onsite with 24 hours. Action Required by Council: Consider and take action to approve the purchase of the computer equipment through PCMG. Approved for City Council Agenda Corby D. Alexander, City Manager Date 3¤³6¨ %¬ ¨«Ȁ² ±¨³ ȁ¡¨²³¤£͔¯¢¬¦ȁ¢®¬ PCMGov,Inc. 0±®¯®² «. ¬¤lj.´¬¡¤±Ȁ 2¤¢¤¨¯³®¥ ¯´±¢§ ²¤®±£¤±£¨±¤¢³«¸¥±®¬ #®®¯¤± ³¨µ¤¬¤¬¡¤±¨²®³¶¨³§¨³§¤¦´¨£¤«¨¤²®¥³§¤ #®®¯¤± ³¨µ¤ȁ 2%#/2$/.,9 0¤±¯±®¯®² «²¯¤¢¨¥¨¢ ³¨®²Ǿ ¶ ±£¤£µ¤£®±²¶¨««§ µ¤ΕΏ£ ¸²³®²´¡¬¨³³§¤¨±¤«¤¢³±®¨¢¢ ³ «®¦¨¢«´£¨¦ ¯±¨¢¨¦ȁ)¥³§¤¤«¤¢³±®¨¢£ ³ ¨²®³¯±®µ¨£¤£¶¨³§¨ΕΏ£ ¸²®¥®³¨¢¤®¥ ¶ ±£Ǿ¶¤±¤²¤±µ¤³§¤±¨¦§³³® ¨ ¢³¨µ ³¤ ¸¢®¬¯ ¸Ȍ² ¶ ±£¨¥®±¬ ³¨®¥±®¬³§¤"´¸"® ±£´³¨«²´¢§³¨¬¤³§¤¤«¤¢³±®¨¢£ ³ ¨² ±¤¢¤¨µ¤£ȁ PCMG Inc.Duns #: 12-936-5420 Tax ID #: 33-0964088 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151 HP Location ID-WSCA: 10041922 Quotes are valid 15 days from quote date. Prices are subject to change without notice. Nelly CiprianoLYLE CAIN Contact: LYLE CAIN Account Executive CITY OF LA PORTE Ref.: T7810 PRECISIONS T:(800) 625-5468 x38513 Quote: B0524578 604 W FAIRMONT PARKWAY F:310-630-6502 Date: 10/4/2017 LA PORTE, TX 77571 NellyC@pcmg.com Expires:10/19/2017 LineQty.ManufacturerPCMG No.MFR Part NumberProduct DescriptionContract NumberUnit PriceExtended Price Precisions workstations T7810 intel xeon processor E5-2609 v4 32GB 16DELLTBDT7810(4x8GB) 2400MHz DDR4 RDIMM ECCBuyBoard 498-15 $ 3,141.95 $ 18,851.70 * See full specs in PDF attached to the quote UPS GROUND Courier:Ship-to:CITY OF LA PORTE Sub-total $ 18,851.70 Tax 604 W FAIRMONT PARKWAY $ - LA PORTE, TX 77571 Shipping Internal Use$ - $ 1 8,851.70 Total Ask about our leasing Options and keep your business moving forward Lease Estimate (Monthly Rates)* Fair Market Value$1 Buyout 24 Months$755.01$852.53 36 Months$539.87$582.01 48 Months$434.34$460.13 Lease rate subject to credit approval. Special programs available for 100% software leases. ORDERING INSTRUCTIONS / SPECIAL NOTES Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall').PLEASE REMIT PAYMENT TO: P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 PCM-G Confidential Page 1 of 1 PCMG Inc.Duns #: 12-936-5420 Tax ID #: 33-0964088 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151 HP Location ID-WSCA: 10041922 Quotes are valid 15 days from quote date. Prices are subject to change without notice. Nelly CiprianoLYLE CAIN Contact: LYLE CAIN Account Executive Ref.: 5580 & DOCKING CITY OF LA PORTE T:(800) 625-5468 x38513 Quote: B0524607 604 W FAIRMONT PARKWAY F:310-630-6502 Date: 10/4/2017 LA PORTE, TX 77571 NellyC@pcmg.com Expires:10/19/2017 LineQty.ManufacturerPCMG No.MFR Part NumberProduct DescriptionContract NumberUnit PriceExtended Price DELL Latitude 5580 XCTO 7th Generation intel core i7-7820hq 16gb 136DELLBTO5580(2x8GB) memoryBuyboard 498-15 $ 1,438.50 $ 51,786.00 237 DELL 13683212 DOCKING STATION D3100 USB3 452-BBPG Buyboard 498-15 $ 136.00 $ 5,032.00 * complete specs attached UPS GROUND Courier:Ship-to:CITY OF LA PORTE Sub-total $ 56,818.00 Tax 604 W FAIRMONT PARKWAY $ - Shipping LA PORTE, TX 77571 Internal Use$ - $ 5 6,818.00 Total Ask about our leasing Options and keep your business moving forward Lease Estimate (Monthly Rates)* Fair Market Value$1 Buyout 24 Months$2,275.56$2,569.48 36 Months$1,627.15$1,754.14 48 Months$1,309.09$1,386.81 Lease rate subject to credit approval. Special programs available for 100% software leases. ORDERING INSTRUCTIONS / SPECIAL NOTES Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall').PLEASE REMIT PAYMENT TO: P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 PCM-G Confidential Page 1 of 1 Duns #: 12-936-5420 PCMG Inc. Tax ID #: 33-0964088 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151 HP Location ID-WSCA: 10041922 Quotes are valid 15 days from quote date. Prices are subject to change without notice. Nelly CiprianoLYLE CAIN LYLE CAIN Contact: Account Executive Ref.: OPTIPLEX 7050 MT CITY OF LA PORTE T:(800) 625-5468 x38513 604 W FAIRMONT PARKWAY Quote: B0524678 F:310-630-6502 Date: 10/4/2017 LA PORTE, TX 77571 NellyC@pcmg.com Expires:10/19/2017 LineQty.ManufacturerPCMG No.MFR Part NumberProduct DescriptionContract NumberUnit PriceExtended Price Intel core i7 supports windows 10/linux 16GB with 500GB 2.5 inch serial 190DELLBTO7050MTATA hard driveBuyBoard 498-15 $ 932.30 $ 83,907.00 * see full specs attached DS Ground Courier:Ship-to:CITY OF LA PORTE Sub-total $ 83,907.00 Tax 604 W FAIRMONT PARKWAY $ - LA PORTE, TX 77571 Shipping Internal Use$ - $ 8 3,907.00 Total Ask about our leasing Options and keep your business moving forward Lease Estimate (Monthly Rates)* Fair Market Value$1 Buyout 24 Months$3,360.48$3,794.53 36 Months$2,402.93$2,590.46 48 Months$1,933.22$2,048.00 Lease rate subject to credit approval. Special programs available for 100% software leases. ORDERING INSTRUCTIONS / SPECIAL NOTES Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall').PLEASE REMIT PAYMENT TO: P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 PCM-G Confidential Page 1 of 1 Duns #: 12-936-5420 PCMG Inc. Tax ID #: 33-0964088 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151 HP Location ID-WSCA: 10041922 Quotes are valid 15 days from quote date. Prices are subject to change without notice. Nelly CiprianoLYLE CAIN Contact: LYLE CAIN Account Executive Ref.: RUGGED 5414 CITY OF LA PORTE T:(800) 625-5468 x38513 Quote: B0524930 604 W FAIRMONT PARKWAY F:310-630-6502 Date: 10/4/2017 LA PORTE, TX 77571 NellyC@pcmg.com Expires:10/19/2017 LineQty.ManufacturerPCMG No.Product DescriptionContract NumberUnit PriceExtended Price LATITUDE 5414 XCTO, INTEL CORE I7-6600u 16GB 2(X8gb) 512 gb 110DELLBTOSOLID STATE DRIVEBuyBoard 498-15 $ 2,490.90 $ 24,909.00 210 DELL 40192725 DPT DESK DOCK LATITUDE RUGGED BuyBoard 498-15 $ 297.00 $ 2,970.00 310 DELL 13071302 DELL 90-WATT AUTO-AIR DC ADAPTER FOR SEBuyBoard 498-15 $ 100.00 $ 1,000.00 * See full specs on attached pdf Courier:UPS GROUND Ship-to:CITY OF LA PORTE Sub-total $ 28,879.00 Tax 604 W FAIRMONT PARKWAY $ - Shipping LA PORTE, TX 77571 Internal Use$ - $ 2 8,879.00 Total Ask about our leasing Options and keep your business moving forward Lease Estimate (Monthly Rates)* Fair Market Value$1 Buyout 24 Months$1,156.60$1,306.00 36 Months$827.04$891.58 48 Months$665.37$704.88 Lease rate subject to credit approval. Special programs available for 100% software leases. ORDERING INSTRUCTIONS / SPECIAL NOTES Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall').PLEASE REMIT PAYMENT TO: P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 PCM-G Confidential Page 1 of 1 PCMG Inc.Duns #: 12-936-5420 Tax ID #: 33-0964088 14120 Newbrook Drive, Suite 100 - Chantilly, VA 20151 HP Location ID-WSCA: 10041922 Quotes are valid 15 days from quote date. Prices are subject to change without notice. Nelly CiprianoLYLE CAIN LYLE CAIN Contact: Account Executive Ref.: 5580 TOUCHSCREEN CITY OF LA PORTE T:(800) 625-5468 x38513 604 W FAIRMONT PARKWAY Quote: B0525002 F:310-630-6502 LA PORTE, TX 77571 Date: 10/4/2017 NellyC@pcmg.com Expires:10/19/2017 LineQty.ManufacturerPCMG No.MFR Part NumberProduct DescriptionContract NumberUnit PriceExtended Price LATITUDE 5580 touch 7th generation intel core i7-7600U 16g (2x8) 17DELL444445580DDR4 Memory 2.5 7mm 500gb 5400RPM Hybrid Drive 8GB cachebuyboard 498-15 $ 1,400.30 $ 9,802.10 27DELL40138408buyboard 498-15 $ 157.00 $ 1,099.00 UPS GROUND Courier:Ship-to:CITY OF LA PORTE Sub-total $ 10,901.10 604 W FAIRMONT PARKWAY Tax $ - Shipping LA PORTE, TX 77571 Internal Use$ - $ 1 0,901.10 Total Ask about our leasing Options and keep your business moving forward Lease Estimate (Monthly Rates)* Fair Market Value$1 Buyout 24 Months$444.87$498.58 36 Months$312.21$351.12 48 Months$256.39$292.40 Lease rate subject to credit approval. Special programs available for 100% software leases. ORDERING INSTRUCTIONS / SPECIAL NOTES Please make your purchase order out to 'PCMG, Inc.' (i.e. not 'PCM', 'PC Mall', or 'Macmall').PLEASE REMIT PAYMENT TO: P.O. must include the quote number (i.e. S123456), part numbers, a signature, and payment terms (Net 30).PCMG, Inc. Software licenses: purchase orders must include an *e-mail address* and an end-user name, or order may be delayed.Los Angeles, CA 90074-5327 PCM-G Confidential Page 1 of 1 ORDINANCE NO. 2017- AN ORDINANCE VACATING, ABANDONING AND CLOSING A 140 SQUARE FOOT PORTION OF THE WEST S STREET RIGHT-OF-WAY LOCATED ADJACENT TO THE TROON DRIVE PRIVATE ACCESS EASEMENT AND PLATTED AS PART OF THE RETREAT AT BAY FOREST NORTH SUBDIVISION, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE RETREAT AT BAY FOREST NORTH HOMEOWNERS ASSOCIATION, INC.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; ANDPROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City ofLa Porte has been requested to close portions of a public right-of-way by Retreat at Bay Forest North Homeowners Association, Inc, the record owner of the property abutting the hereinafter described portion of the West S Street right-of-way, located adjacent to the Troon Drive private access easement within the Retreat at Bay Forest North Subdivision, and; WHEREAS, the City Council of the City ofLa Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the West S Street right-of-way, located adjacent to the Troon Drive private access easement within the Retreat at Bay Forest North Subdivision is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the West S Street right-of-way, located adjacent to the Troon Drive private access easement within the Retreat at Bay Forest North Subdivision is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the West S Street right-of-way, located adjacent to the Troon Drive private access easement within the Retreat at Bay Forest North Subdivision should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the West S Street right-of-way, located adjacent to the Troon Drive private access easement within the Retreat at Bay Forest North Subdivision is hereby permanently vacated, abandoned, and closedbythe City of LaPorte, being generally illustrated onExhibitncorporated herein, legally describedto wit: Being a 140 square foot tract of land located adjacent to Troon Drive private access easement within the Retreat at Bay Forest North, being more particularly describedby metes andboundsasfollows: 2 BEGINNING at the northeast corner of Block 1, Lot 1, Retreat at Bay Forest North, said point being located at the intersection of the southernmost line of the West S Street ROW in Block 1, Retreat at Bay Forest North, and the north line of Troon Drive access easement; THENCEin a northerly direction, west 3 degrees, a distance of 10.00 feet to a point within the West S Street ROW; THENCEin a southeasterly direction east 16 degrees a distance of 29.65 feet to the northwest corner of Block 1, Lot 16,Retreat at Bay Forest North; THENCE in a westerly direction along the southern line of West SStreet ROW a distance of 28 feet to the POINT OF BEGINNING of the hereindescribedtract; Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted ata place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as requiredby the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been opento the public as required by law at all times during which this ordinance andthe subject matter thereof has been discussed, considered, andformally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, anditisso ordered. PASSED AND APPROVED THIS DAYOF2017. CITY OF LAPORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: NOORT DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: October ___, 2017 Grantor: City of La Porte, Texas, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Retreat at Bay Forest North Homeowners Association, Inc., a Texas non-profit corporation Mailing Address: 2016 Main St., #1702, Houston, TX 77002 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): Being a 140 square foot tract of land located adjacent to Troon Drive private access easement within the Retreat at Bay Forest North, being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of Block 1, Lot 1, Retreat at Bay Forest North, said point being located at the intersection of the southernmost line of the West S Street ROW in Block 1, Retreat at Bay Forest North, and the north line of Troon Drive access easement; THENCE in a northerly direction, west 3 degrees, a distance of 10.00 feet to a point within the West S Street ROW; THENCE in a southeasterly direction east 16 degrees a distance of 29.65 feet to the northwest corner of Block 1, Lot 16, Retreat at Bay Forest North; THENCE in a westerly direction along the southern line of West S Street ROW a distance of 28 feet to the POINT OF BEGINNING of the herein described tract. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas __________________________________ By:_________________________________ Patrice Fogarty Corby D. Alexander City Secretary City Manager Approved: ____________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of ______________, 2017, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas MEMORANDUM TO: City Council FROM: Don Pennell, Director of Public Works DATE: September 26, 2017 RE: PARTIAL RIGHT-OF-WAY CLOSURE AT TROON DR/W S STREET INTERSECTION City Staff recently received an application to close a portion of the W S Street Right-of-Way (ROW) (ref. attached Exhibit 1) to allow for the installation of a motor-controlled access gate at the intersection of W S Street and Troon Drive. W S Street is currently Public ROW, while Troon Dr. exists as Private Street within a Private Access Easement, per the attached plat. Per the applicants request, the safety to restrict traffic review of the applicants request, the following items should be considered: Future development of the tract of land immediately to the north of the Retreat at Bay Forest Subdivision (currently Zoned R-1) would be limited due to nature in which the ROW is proposed for closure. o With the gate fully open, there is potential for it to extend into future travel lanes o It would not be feasible to extend W S Street to the west due to inconsistency of the ROW. Access gate increases response time for emergency services/first responders. Existing fire hydrant used to service the neighborhood during emergencies would be located behind access gate. Alternative options: Orient sliding gate to open parallel to ROW/property line, such that gate does not open into ROW/potential future lane(s) of travel; very minimal impact to future development. Install vertically opening gate (ref. attached Exhibit 2); very minimal impact to future development. Given the above listed alternative(s), no hardship has been presented that warrants closure of the ROW, as requested by the applicant, as the only option for achieving the desired result of providing safety and limiting traffic within the Bay Forest Subdivision. Recommendation: Do not close ROW as proposed. Attachments: Bay Forest North Subdivision Plat, Exhibit1, Exhibit 2 W. S Street at Troon Drive ROW to be Closed Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 51 feet OCTOBER 2017 PLANNING DEPARTMENT W. S Street at Troon Drive ROW to be Closed Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 51 feet OCTOBER 2017 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 23, 2017 Source of Funds: General Fund (001) ESD Fund (034) Requested By: Ray Nolen, EMS Chief Account Numbers: 001-5059-522-2090 001-5059-522-8021 Department: EMS 034-5059-522-8021 Amount Budgeted: $6,600.00 Report: Resolution: Ordinance: $33,000.00 $40,000.00 Exhibits: Vendor Quote – Physio-Control, Inc. Amount Requested: $5,859.25 $32,155.50 Exhibits: Sole Source Provider Vendor Letter $35,170.70 Budgeted Item: YES SUMMARY & RECOMMENDATION EMS requested funding during the FY2017-18 budget period to purchase the following medical treatment devices: Fund - 001-2090 3 - Physio-Control CR Plus Automated External Defibrillators - $5,859.25 (Pricing corresponds to line items marked “C” in Quote) Fund - 001-8021 2 - Physio-Control LUCAS Chest Compression Devices - $32,155.50 (Pricing corresponds to line items marked “B” in Quote) Fund – 034-8021 1 - Physio-Control LifePak 15 EKG/Defibrillator - $34,985.70 (Pricing corresponds to line items marked “A” in Quote) 1 - Shipping & Handling - $185.00 Total - $73,185.45 The requested EKG/Defibrillator and AED devices will serve as replacements for current equipment being utilized by EMS personnel that is being phased out due to device age, condition and the receipt of notification by manufacturers that the continuance of a maintenance service agreement along with availability of parts and components for these current devices are either at or nearing end of life which ranges between 8 – 10 years. The requested LUCAS chest compression devices are additional equipment to be placed on the two back-up ambulances operated by the EMS department. Physio-Control, Inc. is the sole source provider in the Emergency Response Services for the following products: New LIFEPAK® 15 Monitor/Defibrillators New LUCAS® 2 Chest Compression Systems La Porte EMS standardized utilizing Physio-Control, Inc. EKG/Defibrillators, LUCAS Chest Compression Devices and CR Plus AED devices several years ago and has been extremely pleased with the performance and dependability of the respective lifesaving equipment. An annual maintenance service agreement will need to be secured upon the expiration of the one (1) year factory warranties for the LifePak 15 and LUCAS devices. CR Plus AED devices have an eight (8) year factory warranty. Action Required by Council: Consider approval or other action authorizing the purchase in the amount of $73,185.45 for three (3) CR Plus AED Devices, one (1) LifePak 15 EKG/Defibrillator & two (2) LUCAS Chest Compression Devices from a sole source provider. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 23, 2017 Source of Funds: 033 Requested By: Don Pennell Account Number: 033-9892-684-1100 Department: Public Works Amount Budgeted: FY 17 - $ 200,000 Report: ___ Resolution: _____ Ordinance: _______ FY 18 - $ 200,000 Exhibit: Bid Tabulation Amount Requested: $ 400,000 Exhibit: Plan Holders List Budgeted Item: YES NO Exhibit: GW Phillips Bid Exhibit: Repair Locations SUMMARY & RECOMMENDATION The proposed FY 17-18 concrete repair program includes approximately 3,500 square yards (SY) of concrete pavement repairs that exceed the capabilities of Public Works concrete equipment. Solicitations for bids for the advertised, sealed bid #17021 Annual Concrete Street Repair Project (Small Sections) were opened and read on August 24, 2017. Solicitation requests were advertised on August 3 & August 10 and posted to www.publicpurchase.com (Public Purchase) and the City’s website. Files were accessed by twenty-eight (28) different vendors, with 2 responding. The lowest and best qualifying bid was received from GW Phillips Concrete Construction, Inc. of Houston, Texas in the amount of $383,295.00 Staff’s request, , using rolled-over funds from FY17 and currently budgeted FY18 funds, is for a total allocation equal to $400,000.00 to allow for a construction contingency of approximately 4% of the bid amount. Benefits: The project will address several of the lower rated street segments identified in the 2017 Street Condition Assessment prepared by HDR Engineering. The project will address street repairs and ponding water concerns of the residents. This annual contract establishes unit prices that can be issued on a work order for future identified repairs. The annual unit price contract may be extended one additional year with a mutual agreement of both parties. Liabilities: Deferring the project construction would add to future year maintenance responsibilities. Operating Costs: No new facilities will be added with this project. Action Required by Council: Consider approval or other action to award Bid # 17021 Annual Concrete Street Repair Project (Small Sections) to GW Phillips Concrete Construction, Inc. for unit prices bid and not to exceed the budgeted amount for Annual Concrete Street Repairs (Small Sections). Approved for City Council Agenda Corby D. Alexander Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 23, 2017 Source of Funds: Requested By: Don Pennell Account Number: Department: Public Works Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: OPIS Unleaded gasoline rack report 10-6-17 Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION Background: Bid # 17024 for the annual contract for bulk fuel was opened and read on August 22, 2017. The price of fuel for both regular unleaded and diesel is calculated on the daily price listed on the Oil Price Information Service Index (OPIS) report for Houston, Texas, The OPIS lists wholesale pricing from the low, high and average racks (producer truck loading rack). In the bid, pricing was requested for plus, flat or minus the low rack price. During the evaluation of the bids, staff learned from several different bidders that the low rack fuel supply is not always available in the Houston area and on any given day may not be available. The City has recently been unable to obtain low rack fuel partially due to our storage capacity and limited time before we would run out of fuel. Since the availability of the low rack is uncertain, staff is recommending to reject current bids and to re- bid the bulk fuel using the rack average which is available daily. Apache Oil, the city’s current supplier for fuel has agreed to extend the current contract on a month to month basis until the new contract is awarded. Action Required by Council: Consider approval or other action to reject all bids for Bid# 17024 for Bulk Fuel Supply. Approved for City Council Agenda Corby D. Alexander, City Manager Date From: opisadmin@opisnet.com \[mailto:opisadmin@opisnet.com\] Sent:Friday, October 06, 2017 8:05 AM To:Janet Murray Subject: OPIS Wholesale Racks with OPIS Spot Mean Account #144927 To align the following data, change the font size to 9 in Courier New. HOUSTON, TX 2017-10-06 09:00:43 EDT **OPIS GROSS RFG ETHANOL(10%) PRICES** Move Terms Unl Move Mid Move Pre Move Date Time Motiva u N-10 157.43 + 3.50 174.43 + 3.50 203.93 + 3.50 10/05 18:00 Petrocom u Net 157.50 + .10 170.24 - 1.11 194.31 + .01 10/06 00:01 FlntHlsRs u N-10 158.30 + 3.25 170.20 + 3.25 193.30 + 3.25 10/05 17:00 Valero u N-10 158.55 - .35 174.55 - .35 204.55 - .35 10/05 18:00 PSX u N-10 159.25 + 4.30 176.25 + 4.30 197.25 + 4.30 10/05 18:00 Citgo b 1-10 162.80 + 3.03 176.43 + 3.03 210.27 + 3.03 10/05 18:00 PWI-Gulf b N-10 163.05 + 3.00 179.15 + 3.00 210.65 + 3.00 10/06 00:01 Valero b 1-10 163.05 + 3.05 178.05 + 3.05 208.05 + 3.05 10/05 18:00 XOM b 1-10 163.10 + 2.75 179.00 + 2.75 210.60 + 2.75 10/05 19:00 PSX b 1-10 163.15 + 2.80 176.28 + 2.80 210.62 + 2.80 10/05 18:00 76-Mot b 125-3 163.21 + 3.54 177.89 + 3.54 207.26 + 3.54 10/05 18:00 Chevron b 1t45c 163.30 + 3.00 179.40 + 3.00 210.90 + 3.00 10/05 18:00 Texaco b 1t45c 163.30 + 3.00 179.40 + 3.00 210.90 + 3.00 10/05 18:00 Sunoco b 125-3 163.31 + 3.49 178.31 + 3.49 210.13 + 3.48 10/05 18:00 Shell-Mot b 125-3 164.00 + 3.54 181.22 + 3.55 212.10 + 3.54 10/05 18:00 S.R.& M. u 1-10 168.10 + 3.52 185.10 + 3.52 215.60 + 3.52 10/05 18:00 Huguenot u N-10 172.02 + .12 171.93 - .41 190.89 + .44 10/05 18:00 LOW RACK 157.43 170.20 190.89 HIGH RACK 172.02 185.10 215.60 RACK AVG 162.55 176.93 205.96 OPIS GULF COAST SPOT MEAN - 10/05 FOB COLONIAL 165.140 -- -- -- -- OPIS GULF COAST DELIVERED SPOT (SRI) FOB HOUSTON 162.00 167.76 176.40 BRD LOW RACK 162.80 176.28 207.26 BRD HIGH RACK 164.00 181.22 212.10 BRD RACK AVG 163.23 178.51 210.15 UBD LOW RACK 157.43 170.20 190.89 UBD HIGH RACK 172.02 185.10 215.60 UBD RACK AVG 161.59 174.67 199.98 CONT AVG-10/05 159.08 173.55 202.47 CONT LOW-10/05 152.90 166.85 185.95 CONT HIGH-10/05 167.40 181.58 212.08 HOUSTON, TX LOW RETAIL 204.90 AVG RETAIL 239.06 LOW RETAIL EX-TAX 166.14 AVG RETAIL EX-TAX 200.30 HOUSTON, TX 2017-10-06 09:00:43 EDT ORDINANCE NO. AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OFLA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OFLA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, inits charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City ofLa Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City ofLa Porte, the Planning and Zoning Commission of the City ofLa Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City ofLa Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on September 21, 2017, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for that 5.051 acre tract of land generally located on the east side th of the South 16Street ROW, and north of the West M Street ROW, and legally described as follows: Blocks 1143 and 1144, La Porte Subdivision, Town of La Porte, Harris County, Texas, from its present designation of Commercial, to Light Industrial", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend to the La Porte City Council such amendments be made to the Future Land Use Plan component of the Comprehensive Plan; NOW, THEREFORE, BEIT RESOLVED BY THE CITY COUNCIL OFTHE CITY OFLA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City ofLa Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A,be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after duly noticed public hearing held at its October 23, 2017 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City ofLa Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representativeshall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City ofLa Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by lawat all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. 3 The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4 This Ordinance shall bein effect from and after its passage and approval. Passed and approved this the 23rd day of OCTOBER, 2017. CITY OFLA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S City of La Porte Planning and Development Department Established 1892 Richard Mancilla, Director September 22, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Request to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on September 21, 2017 meeting on a request to amend the Citys Future Land Use Plan as adopted in the Comprehensive Plan th for the approximately 5.051 acre tract of land located on the east side of S. 16 Street north of the W. M St. ROW and legally described as Blocks 1143 and 1144, La Porte Subdivision. The request was for approval of a change of the future land use The Commission voted 4-3 to recommend approval of the proposed amendments to the Citys Future Land Use Map. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development 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 CURRENT LAND USE MAP COM NE Corner S. 16th and W. M Subject Property W M ST This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the BI PO LI approximate relative location of property boundaries 1 inch = 212 feet JUNE 2017 PLANNING DEPARTMENT PROPOSED LANDUSE MAP COM NE Corner S. 16th and W. M Subject Property W M ST This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the BI PO LI approximate relative location of property boundaries 1 inch = 212 feet JUNE 2017 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:October 23, 2017 Appropriation: Requested By: Ian Clowes Source of Funds: N/A Department: Planning Account Number: N/A Report: __X __Resolution: _____Ordinance: _X___Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance P&Z Recommendation Letter Budgeted Item: N/A Applicant Information and Request Zoning Map Land Use Map _____________________________________________________________________________________ SUMMARY & RECOMMENDATION This is a request by Jeff Presnal of Cypressbrook Management Company, LP to rezone Blocks 1143 and 1144, La Porte Subdivision from General Commercial (GC) to Planned Unit Development (PUD) in order to relocate an existing trucking terminal, Core Trucking, to this site. th The facility is currently located within a leased space on N. 16 St. In order to allow the development, the applicant will need to request approval of a Special Conditional Use Permit (SCUP) in the future. The Planning and Zoning Commission conducted a public hearing at the September 21, 2017, meeting concerning this request. After the public hearing, the Commission voted 5-2 to recommend approval of the proposed zone change. The Commission’s recommendation was based on the finding that allowing for approval of a PUD Zone Change, the applicant can now move forward with a proposed SCUP for their proposed industrial development. The PUD Zoning along with the potential SCUP will allow for the Commission and City Council to ensure that any concerns that may come from allowing a proposed industrial development at this site can be mitigated with required conditions. The subject site is currently identified in the City’s adopted Future Land Use Map as “Commercial” use. The proposed use requires an amendment to the city’s Future Land Use Plan to “Light Industrial,” which is also presented on this agenda. Action Required by Council: 1.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance approving zone change request #17-92000003, to rezone a tract of land legally described as Blocks 1143 and 1144, La Porte Subdivision, from General Commercial (GC) to Planned Unit Development (PUD). Approved for City Council Agenda ___________________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 5.051 ACRE TRACT OF LAND LEGALLY DESCRIBED AS BLOCKS 1143 AND 1144, LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. changing the zoning classification of the following described property, to wit: a 5.051 acre tract of land th generally located on the east side of the South 16Street ROW, and north of the West M Street ROW, and legally described as Blocks 1143 and 1144, La Porte Subdivision, Harris County, Texas, from General Commercial (GC) to Planned Unit Development (PUD). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TXopen to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furth Comprehensive Plan. Section 8.This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the______ day of OCTOBER, 2017. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: City of La Porte Planning and Development Department Established 1892 Richard Mancilla, Director {ĻƦƷĻƒĬĻƩ ЋЊͲ ЋЉЊА IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ ƚƓĻ /ŷğƓŭĻ wĻƨǒĻƭƷ ϔЊАΏВЋЉЉЉЉЉЌ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ğƷ ƷŷĻ {ĻƦƷĻƒĬĻƩ ЋЊͲ ЋЉЊА ƒĻĻƷźƓŭ ƚƓ ğ ǩƚƓĻ ĭŷğƓŭĻ ƩĻƨǒĻƭƷ ĬǤ WĻŅŅ tƩĻƭƓğƌ ƚŅ /ǤƦƩĻƭƭĬƩƚƚƉ ağƓğŭĻƒĻƓƷ /ƚƒƦğƓǤͲ \[t ŅƚƩ ğ ǩƚƓĻ ĭŷğƓŭĻ ƚŅ .ƌƚĭƉƭ ЊЊЍЌ ğƓķ ЊЊЍЍͲ \[ğ tƚƩƷĻ {ǒĬķźǝźƭźƚƓ ŅƩƚƒ DĻƓĻƩğƌ /ƚƒƒĻƩĭźğƌ ΛD/Μ Ʒƚ tƌğƓƓĻķ ƓźƷ 5ĻǝĻƌƚƦƒĻƓƷ Λt 5Μ͵ ŷĻ ƦƩƚƦƚƭĻķ ǩƚƓĻ ĭŷğƓŭĻͲ ǞźƷŷ ğƦƦƩƚǝğƌ ƚŅ ğ ŅǒƷǒƩĻ {ƦĻĭźğƌ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ Λ{/ tΜͲ Ǟźƌƌ ğƌƌƚǞ ŅƚƩ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ƚŅ ğ ƭƒğƌƌ źƓķǒƭƷƩźğƌ ǒƭĻ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ ЎΏЋ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ǩƚƓĻ ĭŷğƓŭĻ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķͲ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ .ĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ĭĭʹ wźĭŷğƩķ ağƓĭźƌƌğͲ 5źƩĻĭƷƚƩ ƚŅ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ CźƌĻ 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 0 N. 16th St., La Porte TX 77571 Lots 1-32, Blk 1144, Lots 17-32 & Tracts 1-16 0242030430001 General Commercial acres Change current zoning from General Commercial to PUD F. Carrington Weems 1603 W. Clay St. HoustonTX77019-4915 713-528-6386 Jeff Presnal Cypressbrook Management Company, L.P. 1776 Woodstead Court, Suite 218 The WoodlandsTX77380 832-403-2872 8/21/17 8/21/17 1776 Woodstead Ct., Suite 218 The Woodlands, TX 77380 (D) 832-403-2872 ~ (F) 281.364-1743 Email:jpresnal@cypressbrook.com Mr. Ian Clowes City Planner Planning and Development Department City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas 77571 VIA-Email: clowesi@laportetx.gov August 21, 2017 RE: Justification for Zoning Change from General Commercial to PUD with SCUP, Lots 1-32 of th Block 1143 and Lots 1-32 of Block 1144 (including two 15È Alleys and the 15 Street ROW) Dear Mr. Clowes: Please allow this letter to satisfy the requirements outlined in the City of La Porte Zone Change Application that is the subject of this letter. Cypressbrook has the tracts referenced above under contract for purchase and we are working for a local trucking company to develop it as a commercial trucking transfer facility. The following information is provided to justify or outline our request: 1. The development is anticipated to include an approximately 10,000 square foot truck transfer facility with the following attributes: 7 dock high truck transfer bays designed to face away from the street and accommodate truck maneuvering away from the street and visually screened from the street view; Parking sufficient to meet current code requirements; th On site detention to meet engineering requirements that will outfall into the 16 Street storm system; th Water and sanitary sewer utilities available in the 16 Street ROW sufficient for the development; th Ingress/egress drive on 16 Street sufficient to meet current requirements; and Ability to expand to the north in the future to meet future anticipated growth needs. 2. The adjacent property uses are as follows: to the west- Light Industrial, to the south Planned Unit Development, to the north General Commercial and to the east General Commercial;; 3. NAICS Code 484110 is appropriate for the site; Letter of Interest in Closing- City of La Porte, June 6, 2017, Page 2 of 2 4. Numerous tracts within blocks of the site are either Light Industrial or Heavy Industrial including the Bayport Industrial District; 5. The site is on 16th Street which is designated as a High Frequency Truck Route; and 6. The site contains other property designated as 60È ROW for 15th Street as well as two 15È alleys and we have not only begun abandonment and closure through the Street and Alley Closure (SAC) process but have already received ÅNo ObjectionÆ letters from the required utility providers and; 7. The operator will not utilize nor allow any on site ground container storage. It is our belief that this request is both consistent and compatible with the surrounding land uses and will be an attribute to the City of La Porte as it retains jobs within the community and assists an existing business with its growth plans. Please do not hesitate to contact us with any questions that you may have. Sincerely, Jeff Presnal Development Principal Attachments: th - Property Survey (including alleys and 15 Street ROW) - Site Plan 2 STREETWEST L W.)O.R.' (60 14th STREET (60' R.O.W.) 16th STREET (100' R.O.W.) 08-23-17LA PORTE, TX PLAN EXHIBIT FACILITY SITE TRANSFER LA PORTE WEST M STREET W.)O.R.(60' AAIICCOOSSSSAA IITTLLUUSSNNOOCC PACSDNAL MAR. E4 04 -892-012 eRE PBT FLUP MAP Zone Change COM #17-9200000 NE Corner S. 16th and W. M Subject Property W M ST This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the BI PO LI approximate relative location of property boundaries 1 inch = 212 feet JUNE 2017 PLANNING DEPARTMENT FLUP MAP Zone Change COM #17-9200000 NE Corner S. 16th and W. M Subject Property W M ST This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the BI PO LI approximate relative location of property boundaries 1 inch = 212 feet JUNE 2017 PLANNING DEPARTMENT ORDINANCE NO. 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. 17-91000002, AN AMENDMENT TO SPECIAL CONDITIONAL USE PERMIT NO. 03-011, FOR THAT CERTAIN PARCEL OF LAND LEGALLY DESCRIBED AS 20.769 ACRES ALONG EAST BARBOURS CUT BOULEVARD, BEING RESERVE A, BLOCK 1, PORT OF HOUSTON AUTHORITY, LA PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF EXTENDING THE HOURS OF OPERATION FOR THE EXISTING TRUCK PRE-CHECK FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #17-91000002, an amendment to Special Conditional Use Permit No. 03-011, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for an extension to the hours of operation for the existing truck pre-check facility on property generally located at 900 East Barbours Cut Blvd, said property being a 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5.The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6.The City Council of the City ofLa Portehereby finds,determines, and declares thatall prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable andin furtherance of the goals and objectives statedin the City of La Comprehensive Plan. Section 7.This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of OCTOBER, 2017. CITY OF LAPORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #17-91000002 This permit is issued to:Port of Houston Authority Owner or Agent P.O. Box 2562 Houston, TX 77252 Address For Development of: Port of Houston Authority Pre-check truck facility Development Name 900 E Address Legal Description: 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. Zoning:Planned Unit Development (PUD) Use:Pre-check truck facility Permit Conditions: 1.Adhere to thetermsofthe Property OwnersValue Assurance Program. 2.Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance Program. 3.Comply with the GeneralPlanapprovedbythe City. 4.Ensure that at least 30 percent of the property consists of landscaping and/or screening. 5.Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and bs. 6.Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. increase the likelihood that vines/greenery will attach to the wall. 8.Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences. 9.Enhance the building façade so that it is architecturally and aesthetically pleasing. The Planning and Zoning Commission must approve the design. 10.Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 11.Hours of operation shall be no earlier than 7 am and no later than 6 11 pm. 12.Pay the public hearing costs. 13.Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary City of La Porte Special Conditional Use Permit #17-91000002 This permit is issued to:Port of Houston Authority Owner or Agent P.O. Box 2562 Houston, TX 77252 Address For Development of: Port of Houston Authority Pre-check truck facility Development Name 900E Address Legal Description: 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. of the Johnson Hunter League, A-35 City of La Porte, Harris County, Texas. Zoning:Planned Unit Development (PUD) Use:Pre-check truck facility Permit Conditions: 1.Adhere to thetermsofthe Property OwnersValue Assurance Program. 2.Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance Program. 3.Comply with the GeneralPlanapprovedbythe City. 4.Ensure that at least 30 percent of the property consists of landscaping and/or screening. 5.Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and bs. 6.Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. increase the likelihood that vines/greenery will attach to the wall. 8.Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences. 9.Enhance the building façade so that it is architecturally and aesthetically pleasing. The Planning and Zoning Commission must approve the design. 10.Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 11.Hours of operation shall be no earlier than 7 am and no later than 11 pm. 12.Pay the public hearing costs. 13.Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary City of La Porte Planning and Development Department Established 1892 Richard Mancilla, Director September 22, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #17-91000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a special meeting on September 21, 2017 to hear a Special Conditional Use Permit request by Jeff Davis, applicant; on behalf of Port of Houston Authority of Harris County, Texas, owner; for a Special Conditional Use Permit Amendment to allow for the hours of operation for the onsite truck pre-check facility to be extended. The subject site is located at 900 E. Barbours Cut Blvd and is legally described as Reserve A, Block 1, Port of Houston Authority. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 6-1 to recommend approval of the proposed SCUP amendment. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development 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 ZONING MAP SCUP AMENDMENT #17-91000002 Subject Parcel BI PUDBI BI This product is for informational R-2 purposes and may not have been prepared for or be suitable PUD for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries R-1 1 inch = 432 feet GC SEPTEMBER 2017 MSD PLANNING DEPARTMENT FUTURE LAND USE MAP SCUP AMENDMENT #17-91000002 Subject Parcel BI This product is for informational PO purposes and may not have been prepared for or be suitable MHDR for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries PI COM 1 inch = 432 feet SEPTEMBER 2017 LDR PLANNING DEPARTMENT MS REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:October23,2017Appropriation RequestedBy:RosalynEptingSourceofFunds:N/A Department:Parks&RecreationAcctNumber: Report:XResolution:Ordinance:AmountBudgeted: Exhibits:AmountRequested: Exhibits:BudgetedItem:YESNO SUMMARY&RECOMMENDATION StaffwasapproachedbyKarenLittlejohn,CertifiedInfantSwimmingResource(ISR)Instructor,aboutoffering aninfantselfrescueprogramforchildren6monthto6yearsoldattheRecreation&FitnessCenter(possibly atoutdoorpoolswhentheyareinseasonaswell).Sincethisprogramcanbeviewedbysomewithcriticism andcontroversy,staffislookingfor/ƚǒƓĭźƌƭblessingbeforemovingforward. ThefollowinginformationontheprogramwastakendirectlyfromtheISRwebsite: ͻCƚǒƓķĻķin1966,InfantSwimmingResource(ISR),withźƷƭSelfRescue®program,isnationally fantsandyoungchildren.Withover recognizedasthesafestproviderofsurvivalswimminglessonsforin 45yearsofresearchanddevelopment,highlytrainedcertifiedInstructorscommittedtosafety,anda provenhistoryofsuccess,parentscanrestassuredthattheirchildrenarereceivingthebestpossible instructionintheworldtoday. ISRbelievespoolfences,supervision,andpoolalarmsareimportantpartsofanecessarymultilayered approachtodrowningprevention.However,traditionallinesofdefensebreakdown,andtheover4,000 drowningdeathsperyearbearagrimtestamenttothefactthattraditionalapproachesaremissinga g keycomponent:thechild.L{wƭcoreconvictionisthatthechildisthemostimportantpartofadrownin preventionstrategyandourover300,000ISRgraduatesandover800documentedsurvivalstoriesare proofthatchildrencansavethemselves. Childrenarecurious,capable,andhaveanuncannyabilitytoovercomeobstacleslikepoolfences;atISR wetakethatabilityandteachthemskillstopotentiallysavethemselvesiftheyfindthemselvesinthe waterğƌƚƓĻ͵ͼ Avideooftheprogramwillbeshown,andMs.Littlejohnwillbepresenttoansweranyquestionsregarding theprogram. ActionRequiredbyCouncil: ProvideinputtostaffastowhatdirectionCouncilwouldliketogoinregardstoofferingInfantSwimming ResourceclassesintheCityofLaPorte. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested October 23, 2017 Source of Funds: N/A Requested By: Corby D. Alexander Account Number: N/A Department: City Manager Amount Budgeted: N/A Report Resolution: Ordinance: Amount Requested: N/A Exhibit: Map Recorded Plat Budgeted Item: YES NO Sample Record Plat SUMMARY & RECOMMENDATION As Council is aware, Mr. Drew Adams has come to City Council on a number of occasion to complain of a gate that has been erected at the entrance to a narrow strip located between lots 3 and 4 of the Crescent View subdivision. The initial complaint was that this fence was in a City ROW. Upon examining the original 1926 plat for the subdivision, the City Attorney has determined that the real estate between lots 3 and 4 is not a City ROW. First, the language in the plat dedicates Crescent Avenue “to exclusive use of the present and future owners of the lots shown hereon”, as opposed to the public (the plat is attached to this agenda item). Second, the strip between lots 3 and 4 is not labeled on the plat as a street or alley, and unlike Crescent Avenue, the surface of the strip has never been improved or maintained by the City as a street, thoroughfare, or pedestrian pathway. The Crescent View plat language is very different from typical verbiage contained in plats used to dedicate streets and alleys to the public. Also attached is sample plat which clearly dedicates streets and alleys to the public (i.e. the City). The latter plat specifically assigns “ownership” to the Public. The Crescent View plat does not. A follow-up title search, recently completed, did not reveal any other plats, easements, or deeds dedicating or conveying the strip between lots 3 and 4 to the public. The gate was erected without a permit. The gate has been allowed to stay in place as long as it remains open allowing access to the rest of the neighborhood. This accommodation was made in attempt to be fair to both sides and allow time to resolve the issue. The owner of lot 4 has made application for a permit, claiming adverse possession rights to the property against the other subdivision owners. Due to these unresolved issues, the City has not issued the permit. Mr. Adams has correctly stated that the City has a sanitary sewer line located under the surface of the strip between lots 3 and 4. This line services lots 3 and 4 and was installed at least 60 years ago. Staff has been unable to locate an easement for the referenced sanitary sewer. The City Attorney believes the fact that the line has been in place for so long entitles the City to a prescriptive easement (a public easement gained by uncontested use on private property for at least 10 years), but only as to the use of the sewer lines, and only for use below the surface. He does not believe that a prescriptive easement for subsurface use gives the city a prescriptive easement for use of the surface as a ROW, where the surface has never been used or maintained by the City for any purpose. This line has been slip-lined within the past 2 years by the City as part of routine maintenance. When performing maintenance on any City utility, we typically do not look to ensure written easements are in place. Action Required by Council: Discussion and or other action gate/fence erected between lots 3 and 4 of the Crescent View subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date 26012601 2601 2601 2601 2601 2601 2601 2601 2601 2601 2601 26012601 26012601 2601 2601 2711 200 136 2715 Stripinquestion 2803 221 2802 2807 2815 2812 2812 2813 2820 28152819 2818 2816 2817 2818 2820 2820 Legend 2821 118 City Limits 134 Parcels 1102 28242816 2825 Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use. City of La Porte 1 " = 94 ' 604 W. Fairmont Parkway La Porte, TX 77571 La Porte GIS Mapping (281) 471-5020 I www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested October 23, 2017 Source of Funds: N/A Requested By: Corby D. Alexander Account Number: N/A Department: City Manager Amount Budgeted: N/A Report Resolution: Ordinance: Amount Requested: N/A Exhibit: MUD Fact Sheet Draft Land Plan Budgeted Item: YES NO Sample petition to create an in-city-MUD SUMMARY & RECOMMENDATION The City has been approached Gromax Development and Beazer Home to consider creating an in-city municipal utility district (MUD). MUD’s are political subdivisions of the state, but they require the City’s consent to be created. Once created the MUD would levy an ad valorem tax on all properties located within the MUD. In this case, the requested MUD includes 234 acres of real estate currently owned by PPG on the west side of Bay Area Blvd (north of Fairmont and south of Spencer). PPG property on the eastside of Bay Area is not included in this request for consideration. The tax would be used to reimburse the developer for certain infrastructure costs, including streets, water, sewer, and drainage related infrastructure. Taxes for property owner outside of the MUD would not be impacted. The MUD differs from the TIRZ (that we are more familiar with) in that he City is able to collect taxes associated with the increased value of the development from day one. The property owner in the MUD would pay the standard City tax, but would also pay an additional tax to the MUD allowing the City to collect on any new value from day one. In a TIRZ, the City would not receive revenue associated with the value increases until the TIRZ expires. Currently, the developer estimates that the total value at completion would be $190,000,000. At the current tax rate, this additional value would add $1.25 million in revenue to the general fund annually. The developer is proposing to building a master planned community to include approximately 700 single family homes, a class-A multi-family development, and a senior living facility. Attached is a draft land plan, the details of which may change slightly as this project comes together. The agenda item is to allow Council the opportunity to begin vetting the merits and possible concerns associated with creating an in-city MUD. Pros: 700 additional roof tops Additional revenue to City’s general fund Potential catalyst for more development Potential for an upscale master plan community Additional amenities within the master planned community (ie: pool, club house, etc) Additional water and sewer customers for the City of La Porte Cons: Additional tax on the property owners within the MUD Demands associated with additional water and sewer service Action Required by Council: Consider approval or other action to create an in-City MUD in the City of La Porte. While Council may take action, this item is intended to primarily be a discussion item. Staff can work with the developer to answer any questions or concerns before final consideration. Approved for City Council Agenda Corby D. Alexander, City Manager Date nngg ddii aann LL eerr nncc ppee SS BG E rrtt oo iirrpp AA aall cciipp nnii uu MM Reserved ts h Preliminary Drawing Subject to Change S G YY WW HH RR B EE CC NN EE PP SS 7 1 0 2 © SF-1SF-1SF-1SF-1 114 LOTS114 LOTS114 LOTS114 LOTS114 LOTS114 LOTS114 LOTS (TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120') COMCOMCOM ±22.8 Ac.±22.8 Ac.±22.8 Ac.±22.8 Ac.±22.8 Ac.±22.8 Ac.±22.8 Ac.±22.8 Ac. ±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac. WW RROO lliittyy UUttii && ooaadd RREE bblliicc’’ UU ’’ PPuu1100 6600 New LifeNew Life Christian FellowshipChristian Fellowship of La Porteof La Porte MFMF ±19.3 Ac.±19.3 Ac.±19.3 Ac.±19.3 Ac.±19.3 Ac.±19.3 Ac.±19.3 Ac.±19.3 Ac. SF-2SF-2SF-2SF-2SF-2 110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS110 LOTS (TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120') ±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac.±24.3 Ac. MODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARKMODEL PARK SENIORSENIORSENIORSENIORSENIORSENIOR 3 LOTS3 LOTS3 LOTS3 LOTS3 LOTS LIVINGLIVINGLIVINGLIVINGLIVINGLIVING (TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120') ±7.5 Ac.±7.5 Ac.±7.5 Ac.±7.5 Ac.±7.5 Ac.±7.5 Ac.±7.5 Ac. 4 LOTS4 LOTS4 LOTS4 LOTS4 LOTS (TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120') 3 LOTS3 LOTS3 LOTS3 LOTS3 LOTS3 LOTS3 LOTS3 LOTS (TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120') ±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac.±2.7 Ac. RECRECRECRECRECREC SF-4SF-4SF-4SF-4SF-4SF-4SF-4 ±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac.±3.5 Ac. 55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS55 LOTS (TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120') ProposedProposed ±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac.±14.1 Ac. Esplanade / DitchEsplanade / Ditch CrossingCrossing LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET.LAKE / DET. ±21.1 Ac.±21.1 Ac.±21.1 Ac.±21.1 Ac.±21.1 Ac.±21.1 Ac.±21.1 Ac.±21.1 Ac. tt iirrmmoonn FFaa EEaasstt PPaarrkk PARKPARKPARKPARKPARKPARKPARKPARKPARKPARKPARKPARK SF-7SF-7SF-7SF-7SF-7SF-7SF-7SF-7 ±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac.±0.6 Ac. 24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS24 LOTS (TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120') SF-5SF-5SF-5SF-5SF-5SF-5SF-5SF-5SF-5 ±6.7 Ac.±6.7 Ac.±6.7 Ac.±6.7 Ac.±6.7 Ac.±6.7 Ac.±6.7 Ac. 44 LOTS44 LOTS44 LOTS44 LOTS44 LOTS44 LOTS44 LOTS (TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120')(TYP.60' x120') ±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac.±11.5 Ac. SF-3SF-3SF-3SF-3SF-3SF-3SF-3 89 LOTS89 LOTS89 LOTS89 LOTS89 LOTS89 LOTS89 LOTS (TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120') 80’ ROW80’ ROW ±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac.±19.2 Ac. DET.DET.DET.DET.DET. ±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac. .. mmtt EEss ee lliinn ee PPiipp ss rriiee sstt dduu IInn ee rree TThh iigg ’’ BB 55 DET.DET.DET.DET.DET.DET.DET.DET.DET.DET. ±12.2 Ac.±12.2 Ac.±12.2 Ac.±12.2 Ac.±12.2 Ac.±12.2 Ac.±12.2 Ac.±12.2 Ac. SF-6SF-6SF-6SF-6SF-6 73 LOTS73 LOTS73 LOTS73 LOTS73 LOTS73 LOTS73 LOTS (TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120')(TYP.45' x120') oonntt FFaaiirrmm SF-8SF-8SF-8SF-8 ±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac.±14.5 Ac. aasstt aarrkk EE PP 123 LOTS123 LOTS123 LOTS123 LOTS123 LOTS123 LOTS123 LOTS (TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120')(TYP.50' x120') ±28.1 Ac.±28.1 Ac.±28.1 Ac.±28.1 Ac.±28.1 Ac.±28.1 Ac.±28.1 Ac.±28.1 Ac. YY WW KK PP TT NN OO MM RR II AA FF WW ttss mmii LLii yy iitt CC ttee oorr PP aa LL iittss mm LLii JJ TT EE ttee oorr PP aa LL BB a schematic development plan for Preliminary Drawing LA PORTE TRACT Subject to Change ±234.6 ACRES OF LAND LOT SUMMARY prepared for 45x120190 LOTS30% 50x120326 LOTS50% BEAZER HOMES 60x120126 LOTS20% B G TOTAL 642 LOTS ALL LOCAL STREETS - 60 ROW * (PER CITY OF LA PORTE STANDARDS) – Land Planning Consultants – 23501 Cinco Ranch Blvd., Suite A-250 THIS DRAWING IS A PICTORIAL REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS SUBJECT TO CHANGE. Katy, Texas 77494 FURTHER, SAID DRAWING IS A SCANNED IMAGE ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. THIS DRAWING MAY OR MAY NOT INCORPORATE INFORMATION AND/OR DATA PROVIDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSULTANTS RELATIVE TO ENGINEERING AND DRAINAGE, FLOOD PLAINS AND Tel: 281-579-0340 ENVIRONMENTAL ISSUES AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION, AND CHARACTER OF THE FACILITATES SHOWN ON THIS MAP SCALE ARE INTENDED. ADDITIONALLY, NO WARRANTY IS MADE TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. OCTOBER 12, 2017 0100200400 KGA #0433 ©2017 BGE | KERRY R. GILBERT & ASSOCIATES, ALL RIGHTS RESERVED A TES