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HomeMy WebLinkAbout02-12-18 Regular Meeting of the La Porte City Council Council Agenda Item February 12, 2018 1. CALL TO ORDER 2. INVOCATION The invocation will be given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE The Pledge will be led by Councilmember John Zemanek. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS a.Presentation Citizens Lifesaving Awards to Ernie Molina, Jesse Juarez and Jewel Whitfield Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** City of La Porte - Council Meeting February 12, 2018 Presentation Lifesaving Awards Presenters: Mayor Rigby & Chief Ray Nolen Participants: Jesse Juarez, Ernest Molina & Jewel Whitfield On Saturday, December 2, 2017, at approximately 2:00pm, Coach Chad Oliver was coaching a little league playoff football game in New Caney, Texas between the La Porte Cowboys and the Livingston Lions when without any warning, Coach Oliver suddenly collapsed on the sideline. His heart went into sudden cardiac arrest and his breathing completely stopped. Ernie Molina who is also a little league football coach for the La Porte Cowboys organization, was standing close to Coach Oliver when he witnessed him collapse. Ernie quickly made contact with Coach Oliver to assess his vital signs and discovered that Coach Oliver was pulseless and not breathing. Ernie then quickly initiated CPR. Meanwhile, Jewel Whitfield, a mother of one of the players on the team who also witnessed the medical emergency, quickly dialed 911 to request EMS. While Jewel was on the phone with the 911 operator, Jesse Juarez, a father of one of the players on the team arrived and offered to assist with performing CPR on Coach Oliver. With Jesse now performing chest compressions on Coach Oliver, Jewel announces that the 911 operator is requesting if an AED is available. After receiving no response from any of the bystanders, Jewel walked over to an adjacent concession stand and inquired as to whether or not they had an AED. The concession stand worker then handed Jewel an AED device and she quickly delivered it to Ernie and Jesse to utilize. Ernie and Jesse then attached the AED to Coach Oliver which audibly notified the two rescuers that an electrical shock was advised. The AED delivered one electrical shock to Coach Oliver and CPR was then continued by Jesse. Paramedics then arrived a short while later and upon reassessing Coach Oliver they discovered that he now had a pulse and appeared to be gaining consciousness and communicating with the paramedics. Coach Oliver was transported by EMS and upon arrival at the receiving hospital, Coach Oliver was conscious, alert and talking. Coach Oliver was admitted to the hospital for several days and then later released with what is expected to be a full recovery. Sudden cardiac death syndrome that occurs in people between the ages of 1 and 35 account for an average of 100,000 deaths each year in the United States. Bystander intervention like the CPR that Ernie and Jesse performed on Coach Oliver, occurs in less than 30% of victims that suffer cardiac arrest outside of a hospital and irreversible brain death begins to occur within 4 to 6 minutes in cardiac arrest victims with no CPR. The national survival rate of a sudden cardiac arrest victim ‘LI bystander CPR being performed prior to EMS arrival is less than 7%. That survival rate without bystander CPR is cut in half. (3.5%) We now know that chances of survival were extremely low on that afternoon when he collapsed on the sideline early call to 911 by Jewel Whitfield to the bystander CPR performed by Ernie Molina and Jesse Juarez, Coach Oliver now has a second chance at life. This evening, these heroic citizens are being awarded the Lifesaving Award for their efforts in resuscitating Coach Chad Oliver from his sudden cardiac arrest, ultimately resulting in the saving of his life. These Good Samaritan ability to properly identify this medical emergency and calmly take action by performing CPR, produced a successful outcome and aided in preserving a human life. Please join me in congratulating Ernie Molina, Jesse Juarez and Jewel Whitfield in receiving these Lifesaving Awards as a token of our appreciation and gratitude for their outstanding and brave performance. (Presentation Concluded) 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 ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JANUARY 22, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, January 22, 2018, 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, Zemanek, Leonard, Engelken, and Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Councilmember Jay Martin. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Dottie Kaminski. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition The City of La Porte 2017 Achievement of Excellence in Procurement Award Mayor Rigby Mayor Rigby recognized the Purchasing Department for receiving the 2017 Achievement of Excellence in Procurement Award. (b) Recognition The City of La Porte Government Finance Officers Association Distinguished Budget Presentation Award for Fiscal Year 2016 Mayor Rigby Mayor Rigby recognized the Purchasing Department for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for Fiscal Year 2016. (c) Recognition The City of La Porte Certificate of Achievement for excellence in Financial Reporting for Fiscal Year 2016 Mayor Rigby Mayor Rigby recognized the Purchasing Department for receiving the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2016. (d) Recognition City of La Porte Outstanding Achievement in Popular Annual Financial Reporting for Fiscal Year 2016 Mayor Rigby Mayor Rigby recognized the Purchasing Department for receiving the Outstanding Achievement in Popular Annual Financial Reporting for Fiscal Year 2016. Page 1 of 3 January 22, 2018 Council Meeting Minutes 5. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the meeting held on January 8, 2018 P. Fogarty (b) 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 4311 Malone Dr., in the Bayport Industrial District S. Wolny/L. Wingate (c) 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 10366 New Decade Dr., in the Bayport Industrial District S. Wolny/L. Wingate (d) 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 10399 New Decade Dr., in the Bayport Industrial District S. Wolny/L. Wingate Councilmember Engelken made a motion to approve Consent Agenda Items pursuant to staff recommendations. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: None Absent: None 7. DICUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding a proposed senior living facility to be located on Underwood Rd J. Weeks Assistant City Manager Jason Weeks and developer Brian Downey presented a summary. There were several questions from City Council, all of which were answered either by Mr. Weeks or Mr. Downey. Councilmember Leonard made a motion to move forward with a resolution on the next agenda, February 12, 2018, in support of this project. Councilmember Kaminski seconded the motion. MOTION PASSED 7/2. Ayes: Councilmembers Leonard, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: Mayor Rigby and Councilmember Engelken Absent: None 8. REPORTS (a) Receive report from Council Subcommittee on Evaluation Forms Councilmember Engelken Page 2 of 3 January 22, 2018 Council Meeting Minutes Councilmember Engelken provided a report from the Council Subcommittee on Evaluation Forms meetings held on January 4 and 15, 2018, indicating the Subcommittee is interested in looking at condensing the evaluation form for direct reports to a one-page form. 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 Kaminski thanked and congratulated the Finance Director Michael Dolby and Staff; Councilmember Zemanek congratulated the Finance Department and recognized all the hard work by City staff during the recent winter freeze; Councilmembers Leonard, Earp, Ojeda and J. Martin congratulated the Finance Department; Councilmember Engelken congratulated the Finance Department and commented he hopes winter is over with; Councilmember K. Martin congratulated the Finance Department and thanked Parks and Recreation Director Rosalyn Epting and her staff for their awesome job with the basketball games, pictures and baseball registration this past weekend; and Mayor Rigby thanked the Finance Department; advised he attended the Martin Luther King celebration along with Councilmember K. Martin, Assistant City Manager Jason Weeks, and City Manager Corby Alexander and his family. He stated it was well attended and the food was great, and if council ever gets a chance to attend one of these, it is well worth the time. 11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 6:59 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on February 12, 2018. ________________________________ Mayor Louis R. Rigby Page 3 of 3 January 22, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ray Nolen Account Number: Department: EMS Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Copy of POHA/BCT Contract Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The existing service contract for EMS services with the Port of Houston Authority BCT Facility expired on January 31, 2018 and has resorted to a month to month pending renewal. This service contract has worked well for the provision of emergency medical services in the past and staff would like to continue the service by renewing the contract between the City of La Porte EMS and the Port of Houston Authority BCT Facility to provide Emergency Medical Service for a period of thirty-six (36) months. The attached 2018-21 contract is calculated at a rate of $30.52 per employee, per year. This is an increase of $3.09 per employee over the previous contracts negotiated rate. The total agreement amount invoiced will be based on an Average Daily Population at . The Port of Houston Authority BCT agrees to pay thirty-six monthly payments of TWO THOUSAND FIVE HUNDRED SEVENTEEN AND 90/100 DOLLARS ($2,517.90). The total amount of the contract for thirty-six months is NINETY THOUSAND SIX HUNDRED FORTY FOUR AND 40/100 DOLLARS ($90,644.40). Contract fees are in addition to any and all patient billing and revenues for actual calls for service. The 2015-18 contract period generated $25,358 in patient revenues with a total of 60 EMS responses to the POH-BCT. Attached is a copy of the contract renewal with the Port of Houston Authority for Emergency Medical Service at the BFacility. The contract starts on February 1, 2018 and will expire on January 31, 2021. Staff recommends authorizing the City Manager to execute the submitted contract for providing Emergency Medical Service to the Port of Houston BCT Facility. Action Required by Council: Consider approval or other action authorizing the City Manager to execute a contract with the Port of Houston Authority for the City of La Porte EMS. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: February 12, 2018 Source of Funds Fund 001 - General Requested By: Jason Weeks, Asst. City Manager Account Number: 001-5253-5218021 Department: City Manager Amount Budgeted: $27,000 Report: Resolution: X Ordinance: Amount Requested: N/A Budgeted Item: YES NO Exhibits: Letter from TxDOT TxDOT Agreement Resolution SUMMARY & RECOMMENDATION Staff is requesting City Council approve a resolution to enter into an agreement with the Texas Department of Transportation for the construction, maintenance and operation of inspection lighting system underneath the During the Fiscal Year 2017-18 budget process the Police Patrol division budgeted for DOT Pad Lighting. The lighting is needed at the DOT inspection pad site, which will facilitate the inspection process during late evening hours as well as overcast days. Originally, the Police Department had $14,088 budgeted for the DOT lighting. Because of a subsequent TxDOT change in build, which now requires the City to bore under the highway as well as install LED lighting, the quotes for this project are coming in at substantially higher than budget. As such, staff has moved budget funds into this account to cover the overage. The two year agreement between the City of La Porte and TxDOT would be automatically renewed for two year periods unless modified by mutual agreement by both parties. The agreement may be terminated sixty days after the filing of a written notice by either party of a desire for cancellation of the agreement. If, at any right to either arrange for maintenance at the expense of the City or to remove the lighting system at the expense to the City. The City would be responsible for preparing for the plans and specifications, advertising for the bids, letting the construction contract as well as supervising the construction of the lighting system. Additionally, the City would be responsible for providing the electrical energy required for proper operation of the lighting system. Furthermore, the City would be required to maintain and operate the lighting system on an annual basis. Staff estimates that the annual maintenance and operations of the lighting system will be relatively minimal, perhaps $1,500 per year. Action Required by Council: Consider approval adoptingaresolutionallowing the City Manager to enter into an agreement between the City of La Porte and Texas Department of Transportation for construction, maintenance and operation of inspection lighting system underneath the freeway at the intersection of State Highway 146 and West Approved for City Council Agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2018-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ENTERING INTO AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF INSPECTION LIGHTING SYSTEM UNDER SH 146 WITHIN THE CITY OF LA PORTE. WHEREAS, the City of La Porte has requested Texas Department of Transportation to allow construction, maintenance, and operation of a underpass lighting system underneath the freeway designated as State Highway 146 at the int Administrative Code, Section 25.11; and WHEREAS, is to consist inspection station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise the construction or betterment work as required by said plans and specifications and the State will review the plans before construction begins. Section 2. The City of La Porte agrees to furnish at its expense the electrical energy required for proper operation of the lighting system. The City further agrees to maintain and operating the lighting system in an efficient and slightly condition. The City shall assume maintenance and operation of the lighting system once accepted by the State. Section 3. The City of La Porte will obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed or before the removal of any part of the installation except for the purpose of replacement where identical or accepted equivalent equipment to that originally installed is used. Section 4. The agreement shall remain in force for a period of two years from the date that maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by mutual agreement by both parties. Section 5. This agreement may be terminated sixty days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the lighting system upon cancellation of the agreement. Section 6. If, at any time, the City does not maintain and operate the lighting system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the lighting system. Should the lighting system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. Section 7. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this ______ day of __________________, 2018. CITY OF LA PORTE By: ________________________________ Louis R. Rigby Mayor ATTEST: ________________________________ Patrice Fogarty City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested February 12, 2018 Source of Funds:015 Requested By:Don Pennell Account Number:015.9090.519.1100 Department:Public Works Amount Budgeted:$286,000.00 ReportXResolution:Ordinance: Amount Requested: $254,373.93 Exhibit:Harris County Interlocal Agreement Budgeted Item:YESNO Exhibit: Exhibit A-Project Location Map Exhibit: Access Report Exhibit: Bid Tab Exhibit: Bid Form Exhibit: Engineer’s Recommendation SUMMARY & RECOMMENDATION On September 12, 2011, Council authorized execution of a contract with for Klotz Associates, Inc. for the analysis flooding within Battleground Estates. A hydraulic model was developed to reflect existing conditions along the F101 Channel which serves as an outfall for drainage from the Battleground Estates Addition. The model indicated that flows within segments of the F101 Channel, north of North ‘P’ Street, rise to a level creating capacity limitations which produce frequent out of banks occurrences. The unimproved upstream channel flows into two forty-two inch (42”) corrugated metal pipes (CMP), which feed into the improved two 8’ x 10’ reinforced concrete boxes downstream. The difference in upstream and downstream conveyance areas creates a restriction upstream, leading to the increase water levels within the northern section of the channel. LJA Engineering, Inc. provided Engineering Design Services (FY 12-13) for the recommended improvements of removing the two upstream forty-two inch (42”) corrugated metal pipes and extending the dual 8’ x 10’ reinforced concrete boxes across North ‘P’ Street. The remaining construction budget includes an allocation of $201,000.00 for proposed construction improvements. The City has entered into an Inter-local Agreement with Harris County (approved by Council on 11/13/17; approved by the County on 12/05/17) allowing the City to becomeentitled to a total maximum compensation of $85,000.00, from Harris County, for the construction of drainage improvements, allowing for a total construction budget of $286,000.00. Bid # 18006 for the North P Street Culvert Extension Project was opened andread on December 20, 2017. The bid was advertised in the Bay Area Observer on November 30 and December 7, 2017, and posted on Public Purchase and the City's website. Thirty-two (32) vendors accessed the bid and five (5) bids were received. Paskey Inc. submitted the lowest and best total bid at $231,373.93. Benefits: Provides improved drainage conveyance within the F101 Channel, across NorthP Street. Liabilities: Capacity limitations and out of banks occurrences would remain. Operating Costs: N/A Action Required by Council: Consider approval of or other action to award Bid #18006 in the amount of $231,373.93, to Paskey, Inc., for the North P Street Culvert Extension Project with a total project funding allocation of $254,373.93, including a 10% contingency of $23,000.00. Approved for City Council Agenda Corby D. Alexander,City ManagerDate FYIJCJU!B!.!BSFB!NBQ FYJTUJOH!53#!DNQ!)y3* )UP!CF!SFNPWFE N O M E L QSPQPTFE!EVBM!21(!y!9( CPY!TUN/!TFXFS P E U N E V A 4 0 0 E - D 0 C 0 - F 0 C 0 - H 1 0 1 F December 21,2017 Ms.Cherell Daeumer, CPPB City of La Porte Purchasing Manager 604 West Fairmont Pkwy. La Porte, TX 77571 Re:Bid Tabulation and Recommendation to Award for: NORTH P STREET CULVERT EXTENSION (BID #18006) LJA Project No. E170-0180 Dear Ms.Daeumer, Please find attached the tabulation of bids received for the subject project. All of the Bids reviewed were responsive, bid prices were within reasonable range ofthe Engineer’s opinion of probable construction cost, and all bidders appear to be qualified to perform the Work. Based on my analysis of the Bids,I am recommending that this project be awarded to the low bidder, Paskey Incorporated, for the bid amount of $231,373.39which includes both Base Bid Items and Supplementary Items. Should you have any questions, please do not hesitate to contact me at 713-451-2861. Sincerely, James L. Bielstein, P.E. Attachments cc:Lorenzo Wingate, P.E., C.F.M. (City of La Porte) Wallace Trochesset, P.E. (LJA) Jimmy Flowers, P.E. (LJA) H:\\Engineering\\Clients\\170 City of La Porte\\0180 Avenue P Culvert Extension\\CSP ER Recomendation letter.docx REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION with a request by applicant and owner, Terry Medders, who is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) th zoning district. The property in question is located on the east side of S. 15 St. south of W. C St., and is legally described as Lots 17-32, Block 789, La Porte Subdivision. Mid-High Density Residentialzone change, the FLUP would need to be amended to Commercial. The Planning and Zoning Commission, at their January 18, 2018 regular meeting, voted 9-0 to recommend denial of the proposed Future Land Use Amendment. A super majority, or two thirds vote, will be required in order to approve the proposed changes to the Future Land Use Plan. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an e Plan for a 1.2 acre tract of land known as Lots 17-32, Block 789, La Porte Subdivision, generally located on the east side of S. 15th St. south of W. C St. and as depicted in the attached exhibit. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _ AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION 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. 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 mayestablish, in its 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 of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council ofthe 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 of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on January 18, 2018, 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 th that 1.2 acre tract of land generally located on the west side of S. 15 St. and south of W. C St, and legally described as follows: Lots 17-32, Block 789, La Porte Subdivision, Town of La Porte, Harris County, Texas, from its present designation of - to Commercial ", 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La 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 February 12, 2018 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall 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 of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice ofthe 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 law at 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 be in effect from and after its passage and approval. Passed and approved this the 12th day of FEBRUARY, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director January 19, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-92000001 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on January 18, 2018 on a request to amend the a 1.2 acre tract of land located on east th side of S. 15 St. south of W. C St., and is legally described as Lots 17-32, Block 789, La Porte Subdivision. The request was Mid-High Density Residential Commercial The Commission voted 9-0 to recommend denial of the proposed 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 14TH HT51 HT61 HT51 HT61 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Applicant Information and Request Zoning Map Land Use Map Comment Sheet ______________________________________________________________________________ SUMMARY & RECOMMENDATION The applicant and owner, Terry Medders, is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) zoning district. The th property in question is located on the east side of S. 15 St. south of W. C St., and is legally described as Lots 17-32, Block 789, La Porte Subdivision. The property is currently undeveloped. The owner of the property would like to change the th zoning to GC, which would match the zoning of the adjacent property along S. 16 St. which is also owned by the applicant. The applicant plans to move there construction business to the th parcel along S. 16 St. and would like to change the adjacent zoning for future expansion purposes. Staff received 1 comment sheet from a neighboring resident that was in opposition to the proposed zone change. The comment sheet has been included in your packet. The Planning and Zoning Commission, at their January 18, 2018 regular meeting, voted 9-0 to recommend denial of the proposed Zone Change. A super majority, or two thirds vote, will be required in order to approve the proposed zone change. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance for zone change request #18-92000001, for a 1.2 acre tract of land located on the th east side of S. 15 St. south of W. C St., and legally described as Lots 17-32, Block 789, La Porte Subdivision Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 1.2 ACRE TRACT OF LAND LEGALLY DESCRIBED AS LOTS 17-32, BLOCK 789, LA PORTE SUBDIVISION, FROM MID DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC); 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 1.2 acre tract of land generally located on the west side of S. 15th St. and south of the W. C St, and legally described as Lots 17-32, Block 789, La Porte Subdivision, Harris County, Texas, from Mid Density Residential (R-2) to General Commercial (GC). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. 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 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 furtherance of the goals and objectives stated in the Ci Section 8. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the______ day of FEBRUARY, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director WğƓǒğƩǤ ЊВͲ ЋЉЊБ IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ œƚƓĻ /ŷğƓŭĻ wĻƨǒĻƭƷ ϔЊБΏВЋЉЉЉЉЉЊ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ğƷ ƷŷĻ WğƓǒğƩǤ ЊБͲ ЋЉЊБ ƒĻĻƷźƓŭ ƚƓ ğ ǩƚƓĻ ĭŷğƓŭĻ ƩĻƨǒĻƭƷ ĬǤ ĻƩƩǤ aĻķķĻƩƭ ŅƚƩ ğ ǩƚƓĻ ĭŷğƓŭĻ ƚŅ \[ƚƷƭ ЊАΏЌЋͲ .ƌƚĭƉ АБВͲ \[ğ tƚƩƷĻ {ǒĬķźǝźƭźƚƓ ŅƩƚƒ aźķ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ ΛwΏЋΜ Ʒƚ DĻƓĻƩğƌ /ƚƒƒĻƩĭźğƌ ΛD/Μ͵ ŷĻ ƭźƷĻ źƭ ğ Њ͵Ћ ğĭƩĻ ƷƩğĭƷ ƚŅ ƌğƓķ ƌƚĭğƷĻķ ƚƓ ƷŷĻ ĻğƭƷ Ʒŷ ƭźķĻ ƚŅ {͵ ЊЎ {Ʒ͵ ƭƚǒƷŷ ƚŅ ‘͵ / {Ʒ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ ВΏЉ Ʒƚ ƩĻĭƚƒƒĻƓķ ķĻƓźğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ǩƚƓĻ ĭŷğƓŭĻ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķͲ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ .ĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /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 14TH HT51 HT61 14TH HT51 HT61 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION a request by the City of La Porte, who is seeking approval of a Zone Change from the High Density Residential (R-3) zoning district to the Low Density Residential (R-1) zoning district. The property in question is located at 330 Bayside Dr. and is legally described as Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision. Mid-High Density Residential order to accommodate the proposed zone change, the FLUP would need to be amended to show the property Low Density Residential. The Planning and Zoning Commission, at their January 18, 2018 regular meeting, voted 9-0 to recommend approval of the proposed Future Land Use Amendment. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance Plan for a 34,217 square foot tract of land known as Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision, located at 330 Bayside Dr. and as depicted in the attached exhibit. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _ AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION 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. 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 mayestablish, in its 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 of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council ofthe 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 of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on January 18, 2018, 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 34,217 square foot tract of land located at 330 Bayside Dr., and legally described as follows: Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision, Town of La Porte, Harris County, Texas, from its present designation of Mid-High Density Residential, to Low Density Residential ", 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La 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 February 12, 2018 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall 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 of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice ofthe 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 law at 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 be in effect from and after its passage and approval. Passed and approved this the 12th day of FEBRUARY, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director January 19, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-92000002 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on January 18, 2018 on a request to amend the a 34,217 square foot tract of land located at 330 Bayside Dr., and is legally described Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision. The request was Mid-High Density ResidentialLow Density Residential The Commission voted 9-0 to recommend approval of the proposed 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 LAYNE YAL EN KLAF FALK OLD HWY 146 LAYNE NYAL E AF KL FALK OLD HWY 146 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requestedʹ February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Applicant Information and Request Zoning Map Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION ŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ źƭ ƭĻĻƉźƓŭ ğƦƦƩƚǝğƌ ƚŅ ğ œƚƓĻ /ŷğƓŭĻ ŅƩƚƒ ƷŷĻ Iźŭŷ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ ΛwΏ ЌΜ ǩƚƓźƓŭ ķźƭƷƩźĭƷ Ʒƚ ƷŷĻ \[ƚǞ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ ΛwΏЊΜ ǩƚƓźƓŭ ķźƭƷƩźĭƷ͵ ŷĻ ƦƩƚƦĻƩƷǤ źƓ ƨǒĻƭƷźƚƓ źƭ ƌƚĭğƷĻķ ЌЌЉ .ğǤƭźķĻ 5Ʃ͵ ğƓķ źƭ ƌĻŭğƌƌǤ ķĻƭĭƩźĬĻķ ğƭ \[ƚƷƭ БΏЊЉ ε {͵ ч ƚŅ \[ƚƷ АͲ .ƌƚĭƉ ЊͲ .ğǤƭźķĻ ĻƩƩğĭĻ {ǒĬķźǝźƭźƚƓ͵ ŷĻ ƦƩƚƦĻƩƷǤ źƭ ĭǒƩƩĻƓƷƌǤ ǒƓķĻǝĻƌƚƦĻķ ğƓķ Ǟğƭ ƦƩĻǝźƚǒƭƌǤ ƚĭĭǒƦźĻķ ĬǤ ğ ƭƒğƌƌ ğƦğƩƷƒĻƓƷ ĭƚƒƦƌĻǣ͵ ŷĻ ĭƚƒƦƌĻǣ Ǟğƭ ĭĻğƭĻķ ƚƦĻƩğƷźƚƓƭ ğƓķ Ǟğƭ ķĻƒƚƌźƭŷĻķ ĬǤ ƷŷĻ ĭźƷǤ ǞźƷŷźƓ ƷŷĻ ƌğƭƷ Ќ ǤĻğƩƭ͵ ŷĻ ĭźƷǤͲ Ǟŷƚ źƓźƷźğƷĻķ Ʒŷźƭ ǩƚƓĻ ĭŷğƓŭĻͲ Ǟƚǒƌķ ƓƚǞ ƌźƉĻ Ʒƚ ĭŷğƓŭĻ ƷŷĻ ǩƚƓźƓŭ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ŅƩƚƒ wΏЌ Ʒƚ wΏЊ źƓ ƚƩķĻƩ Ʒƚ ŅźƷ ǞźƷŷ ƷŷĻ ğķƆğĭĻƓƷ ƭźƓŭƌĻ ŅğƒźƌǤ ķĻǝĻƌƚƦƒĻƓƷ Ʒƚ ƷŷĻ ĻğƭƷ ğƓķ ƭƚǒƷŷ ğƓķ Ʒƚ ğĭƷ ğƭ ğ ĬǒŅŅĻƩ ĬĻƷǞĻĻƓ ĻǣźƭƷźƓŭ ŷźŭŷ ķĻƓƭźƷǤ ƩĻƭźķĻƓƷźğƌ Ʒƚ ƷŷĻ ǞĻƭƷ ğƓķ ĻǣźƭƷźƓŭ ƭźƓŭƌĻ ŅğƒźƌǤ ƩĻƭźķĻƓƷźğƌ Ʒƚ ƷŷĻ ĻğƭƷ͵ {ƷğŅŅ ķźķ ƓƚƷ ƩĻĭĻźǝĻ ğƓǤ ƓƚƷźĭĻƭ źƓ ŅğǝƚƩ ƚƩ ƚƦƦƚƭźƷźƚƓ Ʒƚ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ͵ ŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓͲ ğƷ ƷŷĻźƩ WğƓǒğƩǤ ЊБͲ ЋЉЊБ ƩĻŭǒƌğƩ ƒĻĻƷźƓŭͲ ǝƚƷĻķ ВΏЉ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ œƚƓĻ /ŷğƓŭĻ͵ Action Required by Council: Њ͵ /ƚƓķǒĭƷ ƦǒĬƌźĭ ŷĻğƩźƓŭ͵ Ћ͵ /ƚƓƭźķĻƩ ğĭƷźƚƓ ƚƓ ğ ƩĻĭƚƒƒĻƓķğƷźƚƓ ĬǤ ƷŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ Ʒƚ ğƦƦƩƚǝĻ ğƓ hƩķźƓğƓĭĻ ŅƚƩ ǩƚƓĻ ĭŷğƓŭĻ ƩĻƨǒĻƭƷ ϔЊБΏВЋЉЉЉЉЉЋͲ ŅƚƩ ğ ЌЍͲЋЊА ƭƨǒğƩĻ ŅƚƚƷ ƷƩğĭƷ ƚŅ ƌğƓķ ƌƚĭğƷĻķ ğƷ ЌЌЉ .ğǤƭźķĻ 5Ʃ͵ ğƓķ ƌĻŭğƌƌǤ ķĻƭĭƩźĬĻķ ğƭ \[ƚƷƭ БΏЊЉ ε {͵ ч ƚŅ \[ƚƷ АͲ .ƌƚĭƉ ЊͲ .ğǤƭźķĻ ĻƩƩğĭĻ {ǒĬķźǝźƭźƚƓ Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 34,217 SQUARE FOOT TRACT OF LAND LOCATED AT 330 BAYSIDE DR. LEGALLY DESCRIBED AS LOTS 8-10 & S. ½ OF LOT 7, BLOCK 1, BAYSIDE TERRACE SUBDIVISION, FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW DENSITY RESIDENTIAL (R-1); 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 34,217 square foot tract of land located at 330 Bayside Dr., and legally described as Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1). 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. as 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 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 furtherance of the Section 8. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the______ day of FEBRUARY, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director WğƓǒğƩǤ ЊВͲ ЋЉЊБ IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ œƚƓĻ /ŷğƓŭĻ wĻƨǒĻƭƷ ϔЊБΏВЋЉЉЉЉЉЋ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ğƷ ƷŷĻ WğƓǒğƩǤ ЊБͲ ЋЉЊБ ƒĻĻƷźƓŭ ƚƓ ğ ǩƚƓĻ ĭŷğƓŭĻ ƩĻƨǒĻƭƷ ĬǤ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ŅƚƩ ğ ǩƚƓĻ ĭŷğƓŭĻ ƚŅ \[ƚƷƭ БΏЊЉ ε {͵ ч ƚŅ \[ƚƷ АͲ .ƌƚĭƉ ЊͲ .ğǤƭźķĻ ĻƩƩğĭĻ {ǒĬķźǝźƭźƚƓ ŅƩƚƒ Iźŭŷ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ ΛwΏЌΜ Ʒƚ \[ƚǞ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ ΛwΏЊΜ͵ ŷĻ ƭźƷĻ źƭ ğ ЌЍͲЋЊА ƭƨǒğƩĻ ŅƚƚƷƷƩğĭƷ ƚŅ ƌğƓķ ƌƚĭğƷĻķ ğƷ ЌЌЉ .ğǤƭźķĻ 5Ʃ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ ВΏЉ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ǩƚƓĻ ĭŷğƓŭĻ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķͲ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ .ĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /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 LAYNE YAL EN KLAF FALK OLD HWY 146 LAYNE YAL EN KLAF FALK OLD HWY 146 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION a request by Brian Downey, applicant, on behalf of Aldersgate Trust, owner, who is seeking approval of a SCUP to allow for an active senior living facility. The property in question is a 6.96 acre tract of land located on the west side of Underwood north of Fairmont Pkwy., south of Caniff Rd. and is legally described as Tracts 718B, 719, and 719A, La Porte Outlots. Neighborhood Commercial to accommodate the proposed zone change, the FLUP would need to be amended to show the property as Mid-High Density Residential. The Planning and Zoning Commission, at their January 18, 2018 regular meeting, voted 7-2 to recommend approval of the proposed Future Land Use Amendment. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance a6.96 acre tract of land known as Tracts 718B, 719, and 719A, La Porte Outlots, located on the west side of Underwood north of Fairmont Pkwy., south of Caniff Rd. and as depicted in the attached exhibit. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _ AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION 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. 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 mayestablish, in its 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 of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council ofthe 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 of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on January 18, 2018, 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 6.96 acre tract of land generally located on the west side of Underwood Rd. north of Fairmont Pkwy. and south of Caniff Rd, and legally described as follows: Tracts 718B, 719, and 719A, La Porte Outlots, Town of La Porte, Harris County, Texas, from its present designation of Commercial, to Mid-High Density Residential", 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La 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 February 12, 2018 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall 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 of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice ofthe 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 law at 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 be in effect from and after its passage and approval. Passed and approved this the 12th day of FEBRUARY 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director January 19, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-91000001 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on January 18, 2018 on a request to amend the the Comprehensive Plan for a 6.96 acre tract of land located on the west side of Underwood north of Fairmont Pkwy., south of Caniff Rd. and legally described as Tracts 718B, 719, and 719A, La Porte Outlots. The request was for approval of a change of the future land use designation Neighborhood Mid-High Density Residential The Commission voted 7-2 to recommend approval of the proposed 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 TNOMRADEC M ELPA OOW D M WELPA DOO DNU OWRE DO TNOM RADEC PAM OWEL DO ELPAM DOOW U REDN DOOW REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: February 12, 2018 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Zoning Map Land Use Map General Plan ______________________________________________________________________________ SUMMARY & RECOMMENDATION The applicant, Brian Downey, applicant, on behalf of Aldersgate Trust, owner, is seeking approval of a SCUP to allow for the development of an active senior living facility in the PUD Zoning District. The property in question is a 6.96 acre tract of land located on the west side of Underwood Rd., north of Fairmont and south of Caniff Rd, and is legally described Tracts 718B, 719, and 719A, La Porte Outlots. The property is currently undeveloped. The property was rezoned from Neighborhood Commercial (NC) to Planned Unit Development (PUD) back in 2001 by the owner at the time, Summer Winds, LLC. The purpose of the zone change to PUD was to allow for a proposed business/office park. The park was never developed. The current applicant would like to develop an active senior living facility which would consist of 114 units. The main building in the center of the property would be a maximum of 3 stories with three buildings on the perimeter that will be a maximum of 1 story. The proposed SCUP consists of 10 conditions for the proposed development that were agreed upon by the applicant. Additional language was added to condition #3 by the City Attorney after P&Z Approval in order to provide further clarification regarding the 1000 foot separation requirement. Staff did not receive any notices in favor or opposition to the proposed project. The Planning and Zoning Commission, at their January 18, 2018 regular meeting, voted 7-2 to recommend approval of the proposed SCUP, adding the tenth condition which would require the applicant to perform a Traffic Impact Analysis (TIA) prior to approval of the site plan. 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 for SCUP #18-91000001 Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITYOFLA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TOAS THE ZONING ORDINANCE OF THE CITYOFLA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000001, TO ALLOW FOR THE DEVELOPMENT OF AN ACTIVE SENIOR LIVING FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 6.96 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS TRACTS 718B, 719, AND 719A, LA PORTE OUTLOTS,LA PORTE, HARRIS COUNTY, TEXAS; 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 OFLAPORTE, TEXAS: Section 1.Chapter 106 of the Code of Ordinances is hereby amendedby granting Special Conditional Use Permit #18-91000001, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of an Active Senior Living Facility on a 6.96 acre tract of land, said tract being legally described as Tracts 718B, 719, and 719A, La Porte Outlots,La Porte, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district. 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 andin 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 asto 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, asrequired by Chapter 551, TX. Code; and thatthis meeting has been opento 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 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 Classification contained in this Ordinance as amendments thereto are desirable andin furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7.This ordinance shall be effective after its passage andapproval. th PASSED AND APPROVED this the 12day of FEBRUARY, 2018. CITY OFLAPORTE, 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 #18-91000001 This permit is issued to: Brian Downey Owner or Agent Address For Development of: Underwood Senior Living Facility Development Name SW Corner of Caniff Rd. and Underwood Rd. Address Legal Description: A 6.96 acre tract of land legally described Tracts 718B, 719, and 719A, La Porte Outlots, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Multi-family (Senior Living) Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Multi-family but will be restricted to a senior living facility with an age restriction of 55+. 3.The underlying base zoning regulation applicable to the development will be R-3. All provisions established under the R-3 zoning district, including all Multi-family development requirements, will need to be met; however, any enumerated provision or condition in this SCUP shall control in the event of a conflict between the provision or condition and the R-3/Multi-family development regulations. 4.Buildings constructed along Caniff Rd. will be restricted to 1 story. 5.Buildings not along Caniff Rd. may not exceed 3 stories. 6.Proposed Senior Living Facility shall be allowed to locate within 1000 feet of another multi-family development. This allowance is in contrast to the requirements of section 106-333 (a) footnote 10 of the City of La Porte Zoning Ordinance. 7.Permitted density will not exceed 17 units/acre. This is in contrast to section 106-33 (a) of the City of La Porte Zoning Ordinance. 8.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the required site plan. 9.All necessary documentation for building permit review must be submitted in conjunction with the on process. 10.Any substantive modifications to this Special Conditional Use Permit will require an amendment to Failure to start construction of the site 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 contract or agreement 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 and Development City Secretary City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director January 19, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on January 18, 2018 to hear a Special Conditional Use Permit request by Brian Downey, applicant, on behalf of Aldersgate Trust, owner; for a Special Conditional Use Permit to allow for the development of an active senior living facility. The subject site is located on the west side of Underwood Rd., north of Fairmont and south of Caniff Rd., and is legally described as Tracts 718B, 719, and 719A, La Porte Outlots. 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 7-2 to recommend approval of the proposed SCUP. 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 TNOMRADEC M ELPA OOW D M WELPA DOO DNU OWRE DO TNOMRADEC M ELPA OOW D M WELPA DOO DNU OWRE DO A Seniors Community LAFAYETTE PARK s.f. s.f.s.f.s.f. s.f.s.f.s.f. carscarscarscars Area 304836 777786832 114 1,0441,0801,084 108,908 UnitsUnitsUnits 8 44421270 16 2016 Qty. 114 Two Bedroom, 2 BathTwo Bedroom, 2 Bath (garage)Two Bedroom, 2 Bath One Bedroom, 1 Bath (garage) DescriptionOne Bedroom, 1 BathOne Bedroom, 1 Bath B1B2B3 A1A2A3 Direct-Attached GaragesBreezeway GaragesDetached GaragesTotal Type Total One Bedroom UnitsTotal Two Bedroom UnitsApartments Total Apartments:Apartments: PROJECT SUMMARY: Parking Provided: Parking Provided: SITE PLAN Lafayette Park Mucasey & Associates, Architects A Seniors Comunity Mucasey & Associates, Architects LAFAYETTE PARK 6,095 s.f. AMENITY CENTER Lafayette Park Mucasey & Associates, Architects TYPICAL ONE STORY BUILDING Lafayette Park Mucasey & Associates, Architects 1,044 s.f. UNIT “B1” - 2 Bedroom, 2 Bath 777 s.f. UNIT “A1” - 1 Bedroom, 1 Bath UNIT “A1” & “B1” PLANS Lafayette Park Mucasey & Associates, Architects SITE SECTION Lafayette Park Mucasey & Associates, Architects REQUEST FOR CITY COUNCIL AGENDA ITEM February 12, 2018Appropriation Agenda Date Requested Source of Funds:N/A Requested By: Jason B. Weeks, Asst. City Manager Account Number:N/A Department: Amount Budgeted:N/A Report Resolution: X Ordinance: Amount Requested: N/A Exhibit: Lafayette Park Apartments Budgeted Item:YESNO Exhibit A Aerial Map Exhibit B Zoning Map Developer Presentation Resolution SUMMARY & RECOMMENDATION nd As presented at the January 22Council Meeting, Brian Downey (the Developer of Lafayette Park Apartments, L.P.) is proposing an active senior living facility to be built on 6.96 acre tract located on west side of Underwood Rd., north of Fairmont and south of Caniff Rd. The property is currently undeveloped and zoned Planned Unit Development (PUD). The facility will look and operate similarly to a traditional multi-family facility but will be restricted to residents that are 55 years of age or older. This is the same developer that completed the Fairmont Oaks Apartments at Fairmont and Underwood as well as the Seville Apartments on Luella. The developer is requesting City Council support of this age-restricted multi-family development and will be seeking tax credits from the state to help fund the project. Furthermore, the developer appeared before the Planning and Zoning Commission on January 18, 2018 to request a SCUP to allow for the development of this project. Additionally, since this proposed development is within 1000 feet of another multi-family development a variance will need to be granted too. The proposed Special Conditional Use Permit (SCUP) will satisfy this variance requirement. At the previous council meeting City Council inquired of two items: History of zoning on this property as well as the price per square foot for the units, which have been provided below: The property was rezoned from Neighborhood Commercial (NC) to Planned Unit Development (PUD) back in 2001 by the owner at the time, Summer Winds, LLC. The purpose of the zone change to PUD was to allow for a proposed business/office park. The park was never developed. The basic floor plan indicates 44 one-bedroom/one bath units that will range from 777 sq. ft. to 832 sq. ft. and 70 two-bedroom/two bath units that will range from 1044 sq. ft. to 1084 sq. ft. 1 Bedroom 2 Bedroom Monthly RentPrice/Sq. Ft.Monthly RentPrice/Sq. Ft. Market Rate$825.00$1.06 to $0.99$1,100.00$1.05 to $1.01 30% of AMI$314.00$0.44 to $0.38$370.00$0.35 to $0.34 50% of AMI$582.00$0.75 to $0.70$692.00$0.66 to $0.64 60% of AMI$718.00$0.92 to $0.86$853.00$0.82 to $0.79 Lafayette Park Apartments: The development will be a 114 unit independent living development located on the 6.96 acre tract of land. Of these 114 units, 22 will be market rate units, 10 will be made available to seniors who earn 30% or less of the area median income, 38 will be made available to seniors who earn 50% or less of the area median income, and 44 will be made available to seniors who earn 60% or less of the area median income. The proposed development will consist of 4, one-story, six-plex buildings with attached garages and 1, three-story, 90 unit building with an amenity center included. The 4, one-story, six-plex buildings will be developed on the perimeter of the development, while the 1, three-story building will be placed in the middle of the development. Additionally, the main building of 90 breezeway and the other 42 garages will be detached. The amenity center will include a pool, a beauty parlor and a fully equipped fitness center. A business center will be included and will consist of computers, printers and fax machines at no additional cost to residents. Action Required by Council: Consider approval adopting aresolution expressly in support with no objections of the application and development of Lafayette Park Apartments an age-restricted (55+) multi-family project that will be funded through tax credits on the 6.96 acre tract of land located on west side of Underwood Rd., north of Fairmont and south of Caniff Rd. Approved for City Council Agenda Corby D. Alexander, City Manager Date TNOMRADEC M ELPA OOW D M WELPA DOO DNU OWRE DO TNOMRADEC M ELPA OOW D M WELPA DOO DNU OWRE DO RESOLUTION NO. 2018-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, IN SUPPORT OF APPLICATION AND DEVELOPMENT OF LAFAYETTE PARK APARTMENT FACILITY (AN AGE-RESTRICTED MULTI-FAMILY FACILITY) TO BE LOCATED ON UNDERWOOD WITHIN THE CITY OF LA PORTE. WHEREAS, Lafayette Park Apartments, L.P. has proposed a development for affordable rental housing at approximately 3000 block of Underwood (southwest corner of Underwood and Canniff) named Lafayette Park Apartments in the City of La Porte, Harris County, Texas; and WHEREAS, Lafayette Park Apartments, L.P. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2018 Competitive 9% Housing Tax Credits for Lafayette Park Apartments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte, Harris County, Texas acting through its governing body, hereby confirms that it supports the proposed Lafayette Park Apartments, located at approximately 3000 block of Underwood (Southwest corner of Underwood and Canniff), Application number 18164 and that this formal action has been taken to put on the record the opinion expressed by the City of La Porte, Harris County, Texas on th this 12 day of February, 2018; and Section 2. That for and on behalf of the City of La Porte City Council are hereby authorized, empowered, and directed to certify this resolution to the Texas Department of Housing and Community Affairs. Section 3. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this ______ day of __________________, 2018. CITY OF LA PORTE By: ________________________________ Louis R. Rigby Mayor ATTEST: ________________________________ Patrice Fogarty City Secretary ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ORDERING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER TO BE HELD ON MAY 5, 2018, CONCURRENT WITH THE REGULAR MUNICIPAL ELECTION FOR CITY COUNCIL MEMBERS; PROPOSING AMENDMENTS TO THE CITY OF LA PORTE, TEXAS, HOME RULE CITY CHARTER; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, Texas, has on its own motion determined to submit to the qualified voters for adoption or rejection of certain proposed amendments to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, hereby calls a special election to allow the voters to determine whether the Charter should be amended as hereinafter set out; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that a charter amendment election shall be held not less than thirty (30) days after the passage of the ordinance calling for charter amendments; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that the charter amendment election shall be held on the first authorized uniform election date prescribed by the Texas Election Code or the earlier of the next general municipal election or the next Presidential election; and WHEREAS, the City of La Porte is holding a general municipal election for election of City Council members on May 5, 2018, which is the earliest available date to hold a special election for consideration of proposed charter amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. Section 2. That a special election is hereby ordered to be held within the jurisdiction of the City of La Porte, Texas, on the 5th day of May, 2018, pursuant to the laws of the State of Texas and the Charter of the City of La Porte, Texas. Said election shall be held for the purpose of amending the City of La Porte, Texas, Home Rule Charter. Section 3. That said special election shall be held in conjunction with the regularly scheduled City Council election on said same date for the purpose of submitting to the voters of the City of La Porte, Texas, the following propositions for amendments to the Charter of the City of La Porte, Texas. Voting on the date of the election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the election shall conform to the Texas Election Code, as amended, so as to permit the electors of the City of La Porte provisions, markings, and language as may be required by law; and the propositions shall be set forth on said ballots in substantially the following form and language: Proposition AA: Shall Section 2.05 of the La Porte Charter be amended to increase the maximum annual salary of the mayor to $__________ from $4,800.00, and to increase the maximum annual salary of councilpersons to $_____________ from $2,400.00? _____ For _____ Against Proposition BB: Shall Section 2.04(b) of the La Porte Charter be amended to provide that the La Porte City Council is authorized to fill a vacancy in in the office of mayor or a councilperson by appointment, instead of by calling a special election, where the unexpired term of the vacant office is twelve (12) months or less? _____ For _____ Against Proposition CC: Shall Section 2.02 of the La Porte Charter be amended to provide that a candidate for mayor or a council position shall have been a qualified voter of the City for twelve (12) months immediately preceding election day, instead of for twelve (12) months at the time the candidate files for office; and, that a candidate for a district council position shall have been a qualified voter of his or her district for twelve (12) months immediately preceding election day, instead of for twelve (12) months at the time the candidate files for office, to conform the Charter to state law? _____ For _____ Against Section 4. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve A1, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right-of-line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A & 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A & 30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A & 30A- 1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of-way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts 1A & 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts 1A & 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471, Tracts 471D & 471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein-described District 1 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #2 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway (West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 2 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #3 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street) to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein- described District 3 Boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: BEGINNING at point at the intersection of the centerline of Spencer Highway (West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots, to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, & 28, Lot 7, Lots 5 & 6, Lot 4, Lot 3, Lot 2, and Tracts 1A & 1B, La Porte Outlots, to the centerline of Sens Road; h of the THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5, to the east right-of-way line of Strang Road; THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision, to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with intersection with the west line of the City of Morg northward from the east right-of-line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with the THENCE along east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection THENCE with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its intersection with t with the centerline of South Broadway; THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with th the centerline of South 16 Street; th THENCE in a northerly direction along the centerline of South 16 Street to its intersection with th the centerline of South 17 Street; th THENCE in a northerly direction along the centerline of South 17 Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein-described District 4 boundary. Election Officials: Norma Repman, Presiding Judge Isabel Jackson, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway (West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to th its intersection with the centerline of South 17 Street; th THENCE in a southerly direction along the centerline of South 17 Street to its intersection with th the centerline of South 16 Street; th THENCE in a southerly direction along the centerline of South 16 Street to its intersection with the centerline of Fairmont Parkway; THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with the centerl the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its THENCE in a southeasterly along the w with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein-described Tract 1 of District 5 boundary. TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein-described Tract 2 of District 5 boundary. Election Officials: Norma Repman, Presiding Judge Isabel Jackson, Alternate Presiding Judge Election Precinct #6 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 6 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Early Voting Polling Places: La Porte City Hall (Council Chambers) Main Early Voting Polling Place 604 West Fairmont Parkway La Porte, Texas 77571 Instructional Technology Center (ITC Building) Branch Polling Place 9832 Spencer Hwy. La Porte, Texas 77571 Bi-Lingual Election Clerk/Interpreter: Isabel Salas and/or Gladis Sanchez. Section 5. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 6. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Garth Riggenbach is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Applications for a ballot by mail shall be mailed, emailed, faxed or sent by common or contract carrier to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, fax: 281-842-3701, email: fogartyp@laportetx.gov. Ballots voted by mail shall be mailed to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, or sent by common or contract carrier to the same address or while who voted the ballot. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, City Secretary; and the places at which Early Voting by personal appearance shall be conducted are designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place), and the Instructional Technology Center (ITC Building), 9832 Spencer Hwy., La Porte, Texas, (branch early voting polling place). Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period from 8:00 a.m. to 5:00 p.m., except for the third day and the final day of the early voting period, from 7:00 a.m. to 7:00 p.m. Section 7. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. Jana Wood is hereby appointed as the Presiding Judge of the Central Counting Station, and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Sharon Harris is hereby appointed the tabulation supervisor, and Gladis Sanchez is hereby appointed the assistant tabulation supervisor. In compliance with Chapter 127 of the Texas Election Code, the tabulation supervisor, assistant tabulation supervisor, presiding judge of counting station, alternate presiding judge of counting station and any appointed clerks are entitled to compensation at the same rate as a precinct presiding judge except that the counting station judge is entitled to a minimum for the entire time a counting station is in operation is entitled to a minimum compensation of pay regardless of the amount of time worked. Section 8. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 9. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 10. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, Texas; and the City Council shall canvass said returns at a Special Meeting set by the City Council; and shall, immediately after canvassing the returns, declare the results of the election. Section 11. That the City Secretary is hereby ordered and directed to give notice of the election by publication in the BAY AREA OBSERVER, which is hereby found and declared to be a newspaper of general circulation in said City, on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. The notice shall include a substantial copy of the proposed amendments and include an estimate of the anticipated fiscal impact to the city of each proposed amendment if approved at the election. Section 12. As soon as practicable after the election and the declaration by the Council that amendments have been approved, the Mayor or City Manager shall certify to the Secretary al by the qualified voters of the municipality. Section 13. 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 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 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 14. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 15. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED, this ____ day of _____________, 2018. CITY OF LA PORTE, TEXAS By: ______________________________ Louis R. Rigby Mayor ATTEST: ______________________________ Patrice Fogarty City Secretary APPROVED: ______________________________ Clark T. Askins Assistant City Attorney Council Agenda Item February 12, 2018 9 (a)Receive report of the La Porte Development Corporation Board Meeting Councilmember Ojeda *********************************************************************************** Council Agenda Item February12, 2018 9(b)Receive report of the Council Subcommittee on Evaluation FormsCouncilmember K. Martin ***********************************************************************************