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HomeMy WebLinkAbout06-25-18 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B DANNY EARP Councilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Councilmember District 3 KRISTIN MARTIN Councilmember District 4 JAY MARTIN Councilmember District 5 NANCY OJ EDA Mayor Pro -Tem Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held June 25, 2018, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Viktoria Gotting, St. John's Episcopal Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Kristin Martin. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation - Ryan Schoppe Day - Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and vull be enacted by one motion. There vull be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the Regular City Council Meeting held June 11, 2018 - P. Fogarty (b) Consider approval or other action awarding Bid #18013 for Pecan Park Satellite Restroom Facility - R. Epting (c) Consider approval or other action rejecting Bid #18015 for Fire Field Training Facility Addition - D. Ladd (d) Consider approval or other action to award Bid #18018 for the Somerton Drive Waterline and Pavement Replacement, Venture Waterline, and Pecan Park Parking Lot Project - D. Pennell 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve Special Conditional Use Permit #18-91000004 to allow for a specialty trade contractor use to be located on a 0.22 acre tract of land described as Lots 3-5, Block 789, Town of La Porte Subdivision in a GC zone; consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning", by granting Special Conditional Use Permit #18-91000004, to allow for a specialty trade contractor use to be located on a 0.22 acre tract of land described as Lots 3-5, Block 789, Town of La Porte Subdivision, in a GC zone - I. Clowes (b) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City's Future Land Use Map Component of the Comprehensive Plan for a 0.28 acre tract of land located on N. 1st St. north of W. Tyler St., and legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision, by changing from "Commercial" to "Low Density Residential"; consider approval or other action regarding an Ordinance amending the City's Future Land Use Map Component of the Comprehensive Plan for a 0.28 acre tract of land located on N. 1st St. north of W. Tyler St, legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision from "Commercial' to "Low Density Residential" - I. Clowes (c) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve zone change request #18-92000005, for a change from General Commercial (GC) to Low Density Residential (R-1) for a 0.28 acre tract of land located on N. 1st St. north of W. Tyler St., legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision; consider approval or other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances by changing the zoning classification of a 0.28 acre tract of land located on N. 1st St. north of W. Tyler St., legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision, from General Commercial (GC) to Low Density Residential (R- 1) - I. Clowes 8. ORDINANCE (a) Consider approval or other action regarding an Ordinance providing for condemnation of dangerous/substandard building located at 9906 Rocky Hollow based on the recommendation of the Dangerous Building Inspection Board - M. Kirkwood(After the public hearing was closed, this item was postponed from the June 11, 2018, City Council Meeting) 9. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding an agreement between the City of La Porte and Quest Youth Soccer Club - R. Epting 10. REPORTS (a) Receive report of the Fiscal Affairs Committee Meeting held on June 13, 2018- Councilmember Chuck Engelken (b) Receive report of the La Porte Development Corporation Board Meting held June 25, 2018 - Councilmember Nancy Ojeda 11. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment Meeting, Thursday, June 28, 2018 • Drainage and Flooding Committee Meeting, Monday, July 9, 2018 • City Council Meeting, Monday, July 9, 2018 • Planning and Zoning Commission Meeting, Thursday, July 19, 2018 • City Council Meeting, Monday, July 23, 2018 • Zoning Board of Adjustment Meeting, Thursday, July 26, 2018 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers K. Martin, Kaminski, Zemanek, Bentley, Engelken, Earp, Ojeda, J. Martin and Mayor Rigby 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in accordance with the authority contained in: Texas Government Code, Section 551.071 (2)- Consultation with Attorney: Meet with City Attorney and City Manager to discuss and receive direction regarding negotiations with industry representatives for terms of new Industrial District Agreements. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 15. ADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the June 25, 2018 , agenda of items to be considered by the City Council was posted on the Qty Hall bulletin board on June 19, 2018. Council Agenda Item June 25, 2018 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Viktoria Gotting, St. John's Episcopal Church. 3. PLEDGE OF ALLEGIANCE- The Pledge of Allegiance will be led by Councilmember Kristin Martin. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation - Ryan Schoppe Day - Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** rortamatton (offife of toe fRapox IHEREAS, La Porte Bulldog Ryan Schoppe has worked very hard to be the best :hlete he can be from the time he was introduced to the sport of track at 7 years of ae by his father, Russell Schoppe; and WHEREAS, when Ryan, as a freshman, qualified for both the state cross country meet and the state track meet, he was recognized as one of the top young runners in Texas; and WHEREAS, on Saturday, May 12, 2018, sophomore Ryan Schoppe dominated the Class 6A boys 3,200 -meter run during the UIL State Track & Field Championships( in Austin, Texas, earning the state crown, thus ending a 15 -year drought at La Porte High School for a state champion in track and field; and WHEREAS, Ryan is a role model for other runners who can see what putting in the extra time and effort can do to help a talented athlete attain the top rung in his sport; and WHEREAS, the City of La Porte salutes and honors Ryan Schoppe for his hard work, dedication, and special achievement as the Class 6A 3,200 -meter runner in the state of Texas, and extends best wishes to Ryan for continued success in his athletic career. NOW, THEREFORE, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, do hereby proclaim Tuesday, June 26, 2018, as «Xkyan *rboppe Dap,, In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the ZUth day of June, 2018. Cttp of la Porte Louis R. Rigby, Mayor Council Agenda Item June 25, 2018 6. C O N S E N T AG E N D#AH consent agenda items are considered routine by City Council and vull be enacted by one motion. There vull be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the Regular City Council Meeting held June 11, 2018 - P. Fogarty (b) Consider approval or other action awarding Bid #18013 for Pecan Park Satellite Restroom Facility - R. Epting (c) Consider approval or other action rejecting Bid #18015 for Fire Field Training Facility Addition - D. Ladd (d) Consider approval or other action to award Bid #18018 for the Somerton Drive Waterline and Pavement Replacement, Venture Waterline, and Pecan Park Parking Lot Project - D. Pennell ****************************************************************** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B DANNY EARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 11, 2018 BILL BENTLEY Councilmember District 3 KRISTIN MARTIN Mayor Pro -Tem Councilmember District 4 JAY MARTIN Councilmember District 5 NANCY OJ EDA Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, June 11, 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, Zemanek, J. Martin, K. Martin, Bentley, Kaminski, Engelken, and Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION — The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Presentation — La Porte Police Department's K-9 Competition Awards at National Conference — Mayor Rigby Mayor Rigby read a presentation regarding the awards earned by the La Porte Police Department's K-9 Division at the 2018 National Conference. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Charlie Perry, 127 N. 5th Street, addressed Council in regards to the new splash park on Martin Luther King and Tyler and requested stop signs or speed bumps be placed at the location for the safety of the kids. Richard Warren, 8730 Collingsdale, addressed Council regarding stops signs being placed at Martin Luther King and Tyler. Mike Patterson, President of Fairmont Park West Homeowners Association, 10119 Stonemont, addressed Council and advised the association intends to keep the pool open and operable. Linda Poye, 10027 Shell Rock, addressed Council and thanked them for taking interest in the neighborhood pool issues. Susy Smith, 9722 Shell Rock, addressed Council and thanked them for their support of the neighborhood pool and requested continued support in keeping the pool open. Mark Follis, 111 N. Broadway, declined to speak Page 1 of 6 June 11, 2018 Council Meeting Minutes Donna O'Conner, 217 Sylvan St., addressed Council and thanked them for the work at Happy Harbor; thanked the EOC Staff for their work this past Friday during the shelter in place, and thanked City Manager Corby Alexander and Councilmember Jay Martin for signage directing citizens to Sylvan Beach. Richard Gomez, 9902 Charmont Rd., addressed Council in regards to the pool in Fairmont Park West and informed Council the Homeowners Association cannot handle the facilities and requested the City maintain the pool. Chuck Rosa, 812 S. Virginia, addressed Council in support of keeping the pool in Fairmont Park West operable and commented the property located at 9906 Rocky Hollow should not be demolished. Paula Bridges, 813 River Creek, addressed Council with concerns of warehouses and the number of heavy trucks in the City. 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 Special Called City Council Meeting held on May 21, 2018, and minutes of the Regular City Council Meeting held on May 14, 2018— P. Fogarty (b) Consider approval or other action regarding appointment of Casey Copley to the City of La Porte Reserve Officer Program — K. Adcox (c) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Dana Tank Container, Inc., for its facility at 902 Sens Road, in the Battleground Industrial District — D. Pennell (d) Consider approval or other action rejecting Bid # 18017 Bayshore Park Waterline Relocation — D. Pennell (e) Consider approval or other action authorizing the City Manager to execute a Water and Sanitary Sewer Service Agreement with Clark Dietrich Building System for its facility at 9700 New Decade Drive, in the Bayport Industrial District — D. Pennell (f) Consider approval or other action awarding RFP # 18501 for Debris Removal Services — k. Gauthier (g) Consider approval or other action awarding RFP #18502 for Debris Monitoring Services — K. Gauthier Councilmember Engelken made a motion to approve all Consent Agenda items pursuant to staff recommendations. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Councilmember Earp had questions on Items C and F. Public Works Director Don Pennell and Emergency Manager Kristin Gauthier answered the questions. Councilmember Zemanek had questions on Item C. Public Works Director Don Pennell answered the question. Page 2 of 6 June 11, 2018 Council Meeting Minutes 7. REPORTS (a) Receive report from Gabriel, Roeder, and Smith on GASB 75 liability — Mayor Rigby Mehdi Riazi, Actuarial Consultant with Gabriel, Roeder, and Smith, provided a report on GASB 75 liability. (b) Receive report from the Drainage and Flooding Committee — Councilmember J. Martin Councilmember Jay Martin provided a report of the Drainage and Flooding Committee Meeting held prior to the City Council Meeting and informed the next meeting will be held on July 9, 2018. 8. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an Ordinance adopting a five-year update to the Comprehensive Plan of the City of La Porte; consider approval or other action regarding an Ordinance adopting a five-year update to the Comprehensive Plan of the City of La Porte — I. Clowes The public hearing opened at 7:05 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the public hearing closed at 7:09 p.m. Councilmember Engelken made a motion to adopt an Ordinance adopting a five-year update to the Comprehensive Plan. Councilmember Earp seconded. MOTION PASSED UNAIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3710: AN ORDINANCE ADOPTING AN UPDATE TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Public hearing to receive comments on the recommendation of the Dangerous Building Inspection Board for condemnation of dangerous/substandard building located at 9906 Rocky Hollow; consider approval or other action regarding an Ordinance providing for condemnation of dangerous/substandard building located at 9906 Rocky Hollow — M. Kirkwood The public hearing opened at 7:10 p.m. Deputy Building Official Mike Kirkwood presented a summary. Nabil Chayeb, 2280 Longspur Ln., League City, spoke and advised he would like to invest in the property and make it habitable. Mr. Chayeb also advised it will take him a maximum of 45 days to have the property on the market for sale. Susy Smith, 9722 Shell Rock, spoke and advised Council she is also interested in purchasing the property for her daughter to live in. Chuck Rosa, 812 S. Virginia, spoke and commented the property is not a dangerous building; and the home should not be demolished. Richard Gomez, 9902 Charmont Rd, spoke in favor of the house being purchased. Steve Wilson spoke and advised Council he works for Mr. Chayeb, and they have a plan to renovate the property and place it on the market. Page 3 of 6 June 11, 2018 Council Meeting Minutes There were no additional public comments. The public hearing closed at 7:27 p.m. Councilmember Zemanek made a motion to postpone and reconsider this item at the June 25, 2018, city council meeting. Councilmember Bentley seconded. MOTION PASSED UNAIMOUSLY 9/0. 9. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding an Ordinance selecting a member of the City Council to serve as Mayor Pro Tem of the City of La Porte for the period of June 11, 2018, through May 31, 2019 or until successor appointed — P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Kaminski made a motion to nominate Councilmember Ojeda to serve as Mayor Pro Tem of the City of La Porte for the period of June 11, 2018, through May 31, 2019, or until successor appointed. Councilmember K. Martin seconded. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3711: AN ORDINANCE PROVIDING FOR THE ELECTION OF A MEMBER OF THE LA PORTE CITY COUNCIL TO SERVE AS MAYOR PRO -TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 11, 2018 THROUGH MAY 31, 2019 OR UNTIL A SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Discussion and possible action to fill a vacancy on the La Porte Fiscal Affairs Committee — P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Engelken made a motion to move Councilmember Kaminski to a regular position and to appoint Councilmember Zemanek to the alternate position on the La Porte Fiscal Affairs Committee. Councilmember Earp seconded. MOTION PASSED UNANIMOUSLY 9/0. (c) Discussion and possible action regarding existing Interlocal Agreement with the City of Morgan's Point for municipal court services — C. Alexander City Manager Corby Alexander and Court Administrator Cathy Haney presented a summary. Councilmember Ojeda made a motion to give notice of termination of the agreement and renegotiate an agreement with the City of Morgan's Point. Councilmember Earp seconded. MOTION PASSED UNANIMOUSLY 9/0. (d) Discussion and possible action regarding property located at 9801 Rustic Gate Road — R. Epting Parks and Recreation Director Rosalyn Epting presented a summary, and Mike Patterson, HOA President, also spoke regarding the pool at 9801 Rustic Gate Road. Mike Patterson asked for additional money from the City to get the pool running, with a target of opening July 1. (e) Discussion and possible action regarding policy for mutual aid response in neighboring communities by the City of La Porte - R. Nolen Chief of Emergency Management Services Ray Nolen presented a summary. Councilmember Zemanek thanked Mr. Nolen and Corby Alexander for their work on this item. Page 4 of 6 June 11, 2018 Council Meeting Minutes 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised Council that Staff will look into the concerns for the placement of stop signs at Martin Luther King and Tyler streets. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Martin congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference; commented he hopes there is a way to get stop signs placed at Martin Luther King and Tyler; thanked Public Works for placing bollards at the old Happy Harbor property; and commented he hopes access can be granted for the 4th of July fireworks. Councilmember K. Martin congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference and reminded everyone of the Juneteenth festivities this coming weekend. Councilmember Kaminski congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference and informed she has received man compliments regarding Klein Retreat. Councilmember Zemanek congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference and thanked everyone for the effective discussions during the meeting. Councilmember Bentley congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference and thanked Staff and Council for their professionalism they have shown him and commented he looks forward to the next three years on Council. Councilmember Engelken congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference; congratulated Councilmember Ojeda on her appointment as Mayor Pro -Tem; and commented it may be time for the City to look at rules for stop signs and put safety first. Councilmember Earp congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference; agreed with Councilmember Engelken on rules being looked at for placement of stop signs; and thanked EMS for their assistance during his recent medical emergency. Councilmember Ojeda congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference; thanked Public Works for the recycling signage; commented La Porte's Emergency Management booth was awesome during the Hurricane Workshop; advised she attended Judge Ed Emmet's State of the County Address; commented she has concerns with some of the decisions being made by the Zoning Board of Adjustment; concerns with opening neighborhood pools to the public; and thanked Council for her appointment as Mayor Pro -Tem. Mayor Rigby congratulated the La Porte Police Department on the K-9 Competition Awards at the National Conference; commented someone needs to be present to take photos during recognitions at Council meetings and displaying the photos on the City website; informed he did the welcome at the triathlon, which turned into a duathlon; and thanked Fire, Emergency Medical Services, Police, and Parks and Recreation departments for coordinating the events. 14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:37 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Page 5 of 6 June 11, 2018 Council Meeting Minutes Patrice Fogarty, City Secretary Passed and approved on June 25, 2018. Mayor Louis R. Rigby Page 6 of 6 June 11, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Rosalyn Epting Department_ Parks & Recreation Report: X Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Notification & Access Report Exhibits: Aerial of Location Appropriation Source of Funds: Park Zone Funding Acct Number: Amount Budgeted: $75,000 Amount Requested: $61,000 Budgeted Item: YE NO Exhibits: Photograph of Current Satellite Restroom SUMMARY & RECOMMENDATION Sealed Bid #18013 for Pecan Park's satellite restroom that will be located between fields 7 and 8 was opened and publicly read on May 16, 2018 at 2:00 p.m. The bid was advertised on April 26, May 3, and May 10, 2018. Eighty-eight (88) vendors were notified of the bid with thirty-three (33) downloading the bid documents. Three (3) vendors responded to the bid. The Bid Tabulation and Notification & Access Report are attached. The low bidder was Aztec Remodeling and Landscaping for $61,000. The attached exhibit shows the location of the proposed satellite restroom. This restroom location was requested by multiple users due to the distance a player needs to travel to use the restroom during games. Pictures of the existing satellite restroom on the north side of the property have also been included as an exhibit. The new restroom will be very similar to the restroom that currently exists. The existing restroom on the north side of the park was built in 2013 for $48,700 by the same company, which was the lowest bidder for this job too. We are satisfied with their work and have checked current references. Staff has conducted their due diligence by checking contractor references and is ready to recommend the bid be awarded to Aztec Remodeling and Landscaping. Action Required by Council: Award Bid #18013 to Aztec Remodeling and Landscaping in the amount of $61,000 for a satellite restroom at Pecan Park. Approved for City Council Agenda Corby D. Alexander, City Manager Date Bid Tabulation to Sealed Bid #18013 Pecan Park Satellite Restroom Portfolio TSG Description QTY UOM Aztec Builders Industries Satellite Restroom, as specified 1 LS $61,000.00 $125,000.00 $163,071.42 lMd tabWat'ioo 'is I m ehrn'hiary and not 'hid�c'it'ioc of award. Oti,ierfactors may algid Sealed Bid #18013 - Pecan park Satellite Restroom Facility i[QIIaIKA1[•7kit;13 Vendor Name Date Reason 3J Ryan, Inc. 2018-04-26 10:06:40 Bid Notification Advanced Starlight Internationa2018-05-11 09:43:00 Bid Notification AHRG, Corporation 2018-04-26 10:06:40 Bid Notification Alert Services, Inc. 2018-04-26 10:06:40 Bid Notification All Pro General Construction, Ir 2018-04-26 10:06:40 Bid Notification aztec remodeling &landscaping 2018-04-26 10:06:40 Bid Notification BAPTIST'S ATHLETIC SUPPL'2018-04-26 10:06:40 Bid Notification Baukus Electric 2018-04-26 10:06:40 Bid Notification BidClerk 2018-04-26 10:06:40 Bid Notification Bill Fritz Sports Corporation 2018-04-26 10:06:40 Bid Notification CDC News 2018-04-26 10:06:40 Bid Notification Cherry Companies 2018-05-11 09:43:00 Bid Notification Civil Concepts 2018-04-26 10:06:40 Bid Notification CMC Development & Construc12018-05-11 09:43:00 Bid Notification CMD 2018-05-11 09:43:00 Bid Notification Comex Corporation 2018-04-26 10:06:40 Bid Notification ConstructConnect 2018-04-26 10:06:40 Bid Notification D Davila 2018-04-26 10:06:40 Bid Notification Decker Inc 2018-04-26 10:06:40 Bid Notification DM Construction LLC 2018-04-26 10:06:40 Bid Notification Dodge Data & Analytics 2018-05-11 09:43:00 Bid Notification Dort & O'Connor Contractors 2018-04-26 10:06:40 Bid Notification DT Construction, LP 2018-04-26 10:06:40 Bid Notification Dun -Rite Contracting Inc 2018-04-26 10:06:40 Bid Notification Efinger Sporting Goods Co., Inc 2018-04-26 10:06:40 Bid Notification EI Dorado Services Inc. 2018-04-26 10:06:40 Bid Notification ERC Environmental & Construc2018-05-11 09:43:00 Bid Notification Facility Solutions Group 2018-04-26 10:06:40 Bid Notification General Contractor Services, Ir 2018-04-26 10:06:40 Bid Notification Grand Cayon Minority Contract 2018-05-11 09:43:00 Bid Notification Greenscapes Six, LLC 2018-04-26 10:06:40 Bid Notification HDR Engineering, Inc. 2018-04-26 10:06:40 Bid Notification Hearn Company 2018-04-26 10:06:40 Bid Notification HSC 2018-04-26 10:06:40 Bid Notification ILCOR Builders 2018-04-26 10:06:40 Bid Notification IMS 2018-05-11 09:43:00 Bid Notification JDC Services 2018-04-26 10:06:40 Bid Notification JDR Management 2018-05-11 09:43:00 Bid Notification JEBCO inc. 2018-04-26 10:06:40 Bid Notification Kessler Painting 2018-04-26 10:06:40 Bid Notification LEMCO 2018-04-26 10:06:40 Bid Notification L & M Contractors. Inc. 2018-04-26 10:06:40 Bid Notification McDonald Electric 2018-04-26 10:06:40 Bid Notification MHB Construction, Inc. 2018-04-26 10:06:40 Bid Notification North America Procurement Cc 2018-05-11 09:43:00 Bid Notification Onvia 2018-05-11 09:43:00 Bid Notification Patak Construction, Inc. 2018-04-26 10:06:40 Bid Notification Perkens WS Corporation 2018-05-11 09:43:00 Bid Notification Pfeiffer & Son, Ltd. 2018-04-26 10:06:40 Bid Notification PLW Waterworks, LLC 2018-04-26 10:06:40 Bid Notification Power Vac America, Inc. 2018-04-26 10:06:40 Bid Notification Ramtech Building Systems, Inc 2018-04-26 10:06:40 Bid Notification Reed Construction Data 2018-04-26 10:06:40 Bid Notification R.H. Shackelford, Inc. 2018-04-26 10:06:40 Bid Notification road runner restoration 2018-04-26 10:06:40 Bid Notification Royal Media Network 2018-04-26 10:06:40 Bid Notification Sage Commercial Group 2018-05-11 09:43:00 Bid Notification South Ranger Construction Inc. 2018-04-26 10:06:40 Bid Notification T & A Turf and Irrigation, LLC. 2018-04-26 10:06:40 Taylor & Taylor Construction 2018-05-11 09:43:00 The J Paul Company 2018-04-26 10:06:40 ACCESS: Vendor Name Accessed First Time Advanced Starlight Internationa 2018-04-30 09:25 AM CDT aztec remodeling &landscaping 2018-04-26 11:09 AM CDT BidClerk 2018-05-02 12:15 AM CDT Cherry Companies 2018-04-27 07:30 AM CDT CMC Development & Construc12018-05-03 06:15 PM CDT CMD 2018-05-02 08:36 AM CDT CMS 2018-04-26 11:40 PM CDT ConstructConnect 2018-05-14 07:22 AM CDT ConstructConnect 2018-05-09 11:52 PM CDT Construction Software Technol 2018-04-27 04:31 PM CDT Dodge Data & Analytics 2018-05-09 01:44 PM CDT Dodge Data & Analytics 2018-05-08 10:11 AM CDT DT Construction, LP 2018-04-26 01:11 PM CDT EI Dorado Services Inc. 2018-04-27 07:39 AM CDT ERC Environmental & Construc 2018-05-08 10:28 AM CDT General Contractor Services, Ir 2018-04-26 11:27 AM CDT Grand Cayon Minority Contract 2018-04-29 11:16 PM CDT Hearn Company 2018-04-26 01:04 PM CDT HSC 2018-05-10 04:59 PM CDT ILCOR Builders 2018-05-01 01:38 PM CDT IMS 2018-04-27 09:56 AM CDT JDR Management 2018-04-26 11:03 AM CDT North America Procurement Cc2018-04-27 08:49 AM CDT Bid Notification Bid Notification Bid Notification Documents Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Onvia Perkens WS Corporation 2018-04-26 01:01 PM CDT 2018-04-30 01:16 AM CDT Portfolio Builders, Inc. 2018-05-16 09:04 AM CDT Ramtech Building Systems, Inc 2018-04-26 01:07 PM CDT Reed Construction Data 2018-04-27 08:59 AM CDT Sage Commercial Group 2018-05-03 11:55 AM CDT School Wholesale Supplies LL(2018-05-05 01:04 AM CDT SO 2018-04-27 03:44 AM CDT Taylor & Taylor Construction 2018-04-30 03:51 PM CDT Tukmol General Contractor 2018-04-27 01:04 AM CDT Wayne Enterprises 2018-04-27 10:07 AM CDT Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf❑ Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf Bid 18013 Pecan Park Satellite Restroom Facility Final.pdf REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Donald Ladd Department: Fire Department Report: Resolution: :Ordinance: Exhibit: Access Report Exhibit: Bid Budget Source of Funds: 003 Account Number 7085-533-5110 Amount Budgeted: $76,000 Amount Requested: N/A Budgeted Item: YES SUMMARY & RECOMMENDATION Sealed Bid #18015 for Fire Field Training Facility Addition was opened and publicly read on Tuesday, May 15, 2018. The bid was advertised on April 12 and 19, 2018 in the Bay Area Observer. Sixty-two (62) vendors were notified of the bid with twenty-eight (28) downloading bid documents. Three (3) vendors responded to the bid. Unfortunately, all three (3) bids exceeded budgeted amount. Staff is requesting the City Council reject all three (3) bids. All bids received were above project budget. Staff will adjust bid package and scope of work before the project is rebid. Action Required by Council: Reject Addition Sealed Bid #18015 — Fire Field Training Facility Addition. Approved for City Council Agenda Corby D. Alexander Date Sealed Bid #18015 - Fire Field Training Facility Addition Item IDescription Aztec DT TUCON 1 Lump Sum, Facility Complete as per specs 2 Gephysical Testing/Report (upon award) 82900 3800 194500 6000 141000 2000 Total $86,700.00 $200,500.00 $143,000.00 ALT 1 Add insulation to roofing area only, specify ALT 2 Doors by size, options: $2,500.00 $1,100.00 $1,146.00 3", R10 Not specified Not specified 12 $4,500.00 $4,700.00 14 $5,980.00 $6,105.00 16 $7,300.00 $7,300.00 1:3id tab. datioin is prehinin a ry and not indiciticr: of award Other factors in ay Ipjp; y $4,330.00 $6,300.00 $7,364.00 Notifications and Access Report to Sealed Bid #18015 - Fire Field Training Facility Addition Vendor Name Date Reason 3J Ryan, Inc. 2018-04-17 09:41:36 Bid Notification Advanced Starlight International 2018-04-25 09:22:00 Bid Notification AHRG, Corporation 2018-04-17 09:41:36 Bid Notification All Pro General Construction, Inc. 2018-04-17 09:41:36 Bid Notification Alpha Testing, Inc. 2018-04-25 09:22:00 Bid Notification American HVAC, Inc 2018-05-09 11:29:00 Bid Notification aztec remodeling &landscaping company 2018-04-17 09:41:36 Bid Notification Baukus Electric 2018-04-17 09:41:36 Bid Notification BidClerk 2018-04-17 09:41:36 Bid Notification CDC News 2018-04-17 09:41:36 Bid Notification Civil Concepts 2018-04-17 09:41:36 Bid Notification CMC Development & Construction Corporation 2018-04-25 09:22:00 Bid Notification CMD 2018-04-23 10:41:19 Bid Notification Comex Corporation 2018-04-17 09:41:36 Bid Notification ConstructConnect 2018-04-18 08:57:00 Bid Notification Construction Software Technologies 2018-04-25 09:22:00 Bid Notification Containerhouse International Inc 2018-04-17 09:41:36 Bid Notification Cox Commercial Construction, LLC 2018-04-25 09:22:00 Bid Notification D Davila 2018-04-17 09:41:36 Bid Notification DM Construction LLC 2018-04-17 09:41:36 Bid Notification Dodge Data & Analytics 2018-05-09 11:29:00 Bid Notification Dort & O'Connor Contractors 2018-04-17 09:41:36 Bid Notification DT Construction, LP 2018-04-17 09:41:36 Bid Notification EI Dorado Services Inc. 2018-04-17 09:41:36 Bid Notification Facility Solutions Group 2018-04-17 09:41:36 Bid Notification Frost Construction Co., Inc. 2018-04-17 09:41:36 Bid Notification General Contractor Services, Inc. 2018-04-17 09:41:36 Bid Notification Grand Cayon Minority Contractors Association and i2018-04-25 09:22:00 Bid Notification HDR Engineering, Inc. 2018-04-17 09:41:36 Bid Notification Hearn Company 2018-04-17 09:41:36 Bid Notification HSC 2018-04-17 09:41:36 Bid Notification ILCOR Builders 2018-04-17 09:41:36 Bid Notification IMS 2018-04-25 09:22:00 Bid Notification Jahnke and Sons Construction, Inc. 2018-05-07 14:50:01 Bid Notification JDC Services 2018-04-17 09:41:36 Bid Notification JDR Management 2018-04-18 08:57:00 Bid Notification JEBCO inc. 2018-04-17 09:41:36 Bid Notification JetCo Solutions 2018-04-17 09:41:36 Bid Notification J.T.B. Services Inc 2018-04-17 09:41:36 Bid Notification Kessler Painting 2018-04-17 09:41:36 Bid Notification LEMCO 2018-04-17 09:41:36 Bid Notification L & M Contractors. Inc. 2018-04-17 09:41:36 Bid Notification McDonald Electric 2018-04-17 09:41:36 Bid Notification MCGrath Rentcorp 2018-04-17 09:41:36 Bid Notification MHB Construction, Inc. 2018-04-17 09:41:36 Bid Notification North America Procurement Council 2018-04-25 09:22:00 Bid Notification Onvia 2018-05-09 11:29:00 Bid Notification Patak Construction, Inc. 2018-04-17 09:41:36 Bid Notification Perkens WS Corporation 2018-04-25 09:22:00 Bid Notification PLW Waterworks, LLC 2018-04-17 09:41:36 Bid Notification Power Vac America, Inc. 2018-04-17 09:41:36 Bid Notification Ramtech Building Systems, Inc. 2018-04-17 09:41:36 Bid Notification Reed Construction Data 2018-04-18 08:57:00 Bid Notification R.H. Shackelford, Inc. 2018-04-17 09:41:36 Bid Notification road runner restoration 2018-04-17 09:41:36 Bid Notification Royal Media Network Inc. 2018-04-17 09:41:36 Bid Notification South Ranger Construction Inc. 2018-04-17 09:41:36 Bid Notification Star Metal Fabrication, Inc 2018-04-17 09:41:36 Bid Notification Taylor & Taylor Construction 2018-05-04 06:43:00 Bid Notification The Gonzalez Group 2018-05-04 06:43:00 Bid Notification TUCON, LLC 2018-04-25 09:22:00 Bid Notification United Constructors of Texas 2018-04-17 09:41:36 Bid Notification Virtual Builders Exchange 2018-04-17 09:41:36 Bid Notification Vendor Name Accessed First Time Advanced Starlight International 2018-04-24 09:38 AM CDT Alpha Testing, Inc. 2018-04-20 12:31 PM CDT American HVAC, Inc 2018-05-09 11:48 AM CDT aztec remodeling &landscaping company 2018-04-18 12:56 PM CDT BidClerk 2018-04-21 01:21 AM CDT classic irrigation 2018-05-08 11:00 AM CDT CMC Development & Construction Corporation 2018-04-20 11:27 AM CDT CMD 2018-04-18 04:08 PM CDT CMS 2018-04-17 11:40 PM CDT Comex Corporation 2018-04-17 10:43 AM CDT ConstructConnect 2018-04-18 01:11 AM CDT Construction Software Technologies 2018-04-18 02:41 PM CDT Containerhouse International Inc 2018-04-17 12:30 PM CDT Cox Commercial Construction, LLC 2018-04-24 07:25 AM CDT Dodge Data & Analytics 2018-05-08 10:10 AM CDT DT Construction, LP 2018-04-17 12:24 PM CDT Grand Cayon Minority Contractors Association and i 2018-04-18 02:01 PM CDT Hearn Company 2018-04-17 10:52 AM CDT IMS 2018-04-18 10:37 AM CDT iSgFt 2018-05-09 01:20 PM CDT Jahnke and Sons Construction, Inc. 2018-05-07 09:48 AM CDT JDR Management 2018-04-17 11:43 AM CDT Kingdom Security, LLC. 2018-04-17 12:48 PM CDT Linbeck Group, LLC 2018-05-14 03:28 PM CDT North America Procurement Council 2018-04-19 11:36 PM CDT Onvia 2018-04-17 01:01 PM CDT Perkens WS Corporation 2018-04-18 11:57 PM CDT Ramtech Building Systems, Inc. 2018-04-17 11:28 AM CDT Reed Construction Data 2018-04-18 02:14 AM CDT School Wholesale Supplies LLC 2018-04-18 01:12 AM CDT SO 2018-04-17 03:46 PM CDT Taylor & Taylor Construction 2018-04-30 03:49 PM CDT The Gonzalez Group 2018-04-25 12:02 PM CDT TUCON, LLC 2018-04-24 11:09 AM CDT Documents #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc #18015 Fire Field Traininc Tukmol General Contractor 2018-04-18 03:42 AM CDT Wayne Enterprises 2018-04-21 10:00 AM CDT Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf Facility Addition. pdf REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Don Pennell Department: Public Works Report: Resolution: :Ordinance: Exhibits: Bid Tab Contract Award Recommendation Source of Funds: Budget 003/015/050 Account Number: 003-7071-531-1100 015-7070-530-1100 015-7071-531-1100 050-7071-531-1100 Amount Budgeted: $1,885,789 Amount Requested: $1,379,296 Coov of Bid Access Report Budgeted Item: YES NO SUMMARY & RECOMMENDATION SomertonNenture: The FY 17 & 18 budgets includes an allocation for the design and construction of Somerton infrastructure improvements which includes replacing existing waterline and pavement from the Bandridge Water Plant to Spencer Highway. The existing waterline is an 8 inch asbestos cement waterline that is identified for upsizing to a 12 inch PVC waterline in the 2009 Water Master Plan. The Venture waterline will create an additional loop in the water system also identified in the 2009 Water Master Plan. The Somerton pavement rating in the 2013 assessment was rated at 40 percent replacement. The pavement was crack sealed at the time to extend the life of the pavement. Pecan Park: The FY 17 budget includes an allocation for the construction of additional parking spaces at Pecan Park. This project includes the installation of approximately 123 additional parking spaces at Pecan Park. The proposed spaces will be located in the northeast corner of the park and infill spaces at locations underutilized. City Council authorized a design services contract with Binkley Barfield on May 22, 2017 for the design of the Somerton Drive Waterline and Pavement Replacement, Venture Lane Waterline, and Pecan Park Parking Lot Project in the amount of $200,000.00. Bid 418018 Somerton Drive Waterline and Pavement Replacement, Venture Lane Waterline and Pecan Park Parking Lot was opened and read on May 24, 2018, 5 bids were received. Notice to Bidders was advertised on May 3rd & May 101h in the Bay Area Observer, posted on Public Purchase and the City's website, 22 vendors accessed the bid documents. Mar -Con Services, LLC. submitted the lowest and best total bid at $1,295,113.70. Staff recommends awarding the bid to Mar -Con Services, LLC. Contingency: Staff is requesting an $84,182.00 contingency equal to 6.5%. Benefits: Somerton/Venture — Addresses lower rated concrete street segments identified in the 2013 comprehensive street inspection report and replace aged water line(s) with new material(s) and larger line sizes necessary to provide a looped distribution system. Pecan Park — Provides more parking spaces for park patrons. Liabilities: Somerton/Venture - Deferring the project construction would add to future years of maintenance responsibilities associated with pavement repairs. Water system would not be as efficient without looping system as intended with construction. Pecan Park — Deferring the project would cause park patrons to continue to park in undeveloped, grass areas, not intended to be utilized for parking. Operating Costs: Minimal impact. Action Required by Council: Consider approval or other action to award Bid 418018 to Mar -Con Services, LLC, for the Somerton Drive Waterline and Pavement Replacement, Venture Waterline, and Pecan Park Parking Lot Project and authorize the City Manager to enter into a construction contract in the amount of $1,295,113.70 with a total project funding allocation equal to $1,379,295.70 including an $84,182.00 construction contingency. Approved for City Council Agenda Corby D. Alexander Date TABULATION OF BIOS SOMERTON DRIVE WATERLINE AND PAVEMENT REPLACEMENT VENTURE LANE WATERLINE, AND PECAN PARK PARKING LOT CITU OF LA PORTS RECEIVED AND OPENED ON 518418818 AT 8:88 PM -p- By: JAA G 9/2018 TABULATION OF BIOS SOMERTON DRIVE WATERLINE AND PAVEMENT REPLACEMENT VENTURE LANE WATERLINE, AND PECAN PARK PARKING LOT CITU OF LA PORTS RECEIVED AND OPENED ON 518418818 AT 8:88 PM -p- By: JAA G 9/2018 TABULATION OF BIOS SOMERTON DRIVE WATERLINE AND PAVEMENT REPLACEMENT VENTURE LANE WATERLINE, AND PECAN PARK PARKING LOT CITU OF LA PORTS RECEIVED AND OPENED ON 518418818 AT 8:88 PM -p- By: JAA G 9/2018 dB'Inkley & Barfield, i nc. Ilhcanlsulti .. VOi�ll �. ng engineersMa 29 2018 I�d:s�u���u�nlr�pluruuu �irul � 5 Y , Mr. Don Pennell, Director City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Re: Somerton Drive Waterline and Pavement Replacement, Venture Waterline, and Pecan Park Parking Lot Project Contractor Award Recommendation BBI Job No. 170000273 Dear Mr. Pennell: Bids were publicly opened and read at 2:00 pm on May 24, 2018 for the above -referenced project. The following is a summary of our bid evaluation. Bid Tabulation - A copy of the bid tabulation is attached. A summary of the total amount for each of the submitted bids is as follows. Contractor Amount of Bid 1. Mar -Con Services, LLC $1,295,113.70 2. Triple B Services, LLP $1,482,453.00 3. RAC Industries, LLC $1,550,732.20 4. Angel Brothers Enterprises, Ltd. $1,595,983.00 5. Main Lane Industries, Ltd. $1,787,458.00 Bid Bond — Mar -Con Services, LLC provided a bid bond through an "A" rated bonding company. The Contractor's ability to bond this project indicates a satisfactory level of financial stability. Mar -Con Services, LLC has been a responsible firm on previous projects for numerous clients and is capable of performing the specified work in a satisfactory manner. Binkley & Barfield, Inc. recommends that the City of La Porte award the Somerton Drive Waterline and Pavement Replacement, Venture Waterline, and Pecan Park Parking Lot Project to Mar -Con Services, LLC for the amount of One Million, Two Hundred Ninety -Five Thousand, One Hundred Thirteen Dollars and Seventy Cents ($1,295,113.70). If you have any questions, or if we can be of any further assistance in this matter, please call me. Sincerely, BINKLEY & BARFIELD, Consulting Engineers � r' Jeremy Austin, P.E. Project Manager Public Infrastructure JAA: ao; Attachment INC. �.` ��Fr� ..J i��:�1Y N AUS l 0 Binkley & Barfield, Inc. I TBPE F-257 • 1710 Seamist Drive - Houston, Texas 77008 • Tel: 713.869.34331 Fax: 713.869.6702 • www.BinkleyBarfiield.com Access Report Agency City of La Porte (TX) Bid Number Bid #18018 Bid Title Bid #18018- Somerton Drive Waterline and Pavement Replacement, Venture Lane Waterline and Pecan Park Parking Lot Project Vendor Name Accessed First Time CMC Development & Construct 2018-05-06 01:42 PM CDT Bleyl Engineering 2018-05-10 02:35 PM CDT Hearn Company 2018-05-03 03:51 PM CDT Angel Brothers Enterprises, Ltd 2018-05-04 12:01 PM CDT JDR Management 2018-05-04 12:30 AM CDT Onvia 2018-05-03 06:01 PM CDT BidClerk 2018-05-05 12:21 AM CDT Ferguson Waterworks 2018-05-15 08:52 AM CDT R. L. Utilities 2018-05-03 05:25 PM CDT aztec remodeling &landscaping 2018-05-23 08:53 AM CDT Perkens WS Corporation 2018-05-06 11:14 PM CDT Dale Dobbins 2018-05-09 06:44 PM CDT Tandem Services, LLC 2018-05-24 02:40 PM CDT F&L Coatings and Concrete, LL 2018-05-15 11:30 AM CDT Horseshoe Construction, Inc 2018-05-09 06:58 AM CDT Dodge Data & Analytics 2018-05-08 10:11 AM CDT Main Lane Industries, Ltd. 2018-05-15 08:18 AM CDT MAR -CON SERVICES, LLC 2018-05-03 03:35 PM CDT North America Procurement Cc 2018-05-03 04:02 PM CDT Advanced Starlight Internationa 2018-05-09 08:12 AM CDT RAC Industries, LLC 2018-05-05 09:18 AM CDT Triple B Services, LLP 2018-05-14 11:26 AM CDT Documents Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ Bid 18018 Contract Documents and Technicical Specifications. pdf❑ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Ian Clowes Department: Planning and Development Report: X Resolution: Ordinance: X Exhibits: Ordinance Proposed SCUP P&Z Recommendation Letter Applicant Information and Request Aerial Map Zoning Map Land Use Map Appropriations Source of Funds: N/A Account Number: N A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION Applicant, Tracy Talent Lacombe, on behalf of Victor Ybarra, owner, is seeking approval of a SCUP to allow for a Specialty Trade Contractor (NAICS 238990) to locate in the General Commercial (GC) Zoning District. The property in question is a 0.22 acre tract of land located at 405 S. 16th St. and is legally described as Lots 3-5, Block 789, Town of La Porte Subdivision. The property is currently occupied by a 2000 square foot building, constructed in 1965. The current tenant, Laramie Crane, has been in the building since 2012 but failed to obtain the proper zoning permits to legally occupy the site. The existing use, crane rental with operator, is classified under Specialty Trade Contractors, and requires approval of a Special Conditional Use Permit (SCUP) to operate within the GC zoning district. To date, staff has not received any notices in opposition or in favor of the proposed SCUP application. The Planning and Zoning Commission, at their May 17, 2018 regular meeting, voted 8-0 to recommend approval of the proposed SCUP, as presented with two additional conditions. The commission asked to add the condition that the application be signed by the property owner (this condition has already been completed) and to restrict any commercial vehicles utilized for the approved on site use from parking on the public ROW. Below is a list of all included conditions: A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site will be described as Specialty Trades Contractor. 3. The underlying zoning is GC. All GC requirements will need to be met. 4. No commercial vehicles related to the permitted use on site may be parked in the Public Right-of-way at any time. 5. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process for any proposed building improvements. 6. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. 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 #18-91000004 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000004, TO ALLOW FOR A SPECIALTY TRADE CONTRACTOR USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRCT, ON A 0.22 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 3-5, BLOCK 789, TOWN OF LA PORTE SUBDIVISION, 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 OF LA PORTE, TEXAS: Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 418-91000004, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a specialty trade contractor use on a 0.22 acre tract of land, said tract being legally described as Lots 3-5, Block 789, Town of La Porte Subdivision, LaPorte, Harris County, Texas, and situated within the General Commercial (GC) 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 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. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5 The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. 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 Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 25th day of JUNE, 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 Porte Special Conditional Use Permit #18-91000004 This permit is issued to: Tracy Talent Lacombe Owner or Agent 405S.16 Ih St. Address For Development of: Laramie Crane Development Name 405S.16 Ih St. Address Legal Description: Lots 3-5, Block 789, Town of La Porte Subdivision, Harris County, TX Zoning: GC, General Commercial Use: Specialty Trades Contractor 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 City's 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 La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site will be described as Specialty Trades Contractor. 3. The underlying zoning is GC. All GC requirements will need to be met. 4. No commercial vehicles related to the permitted use on site may be parked in the Public Right-of-way at any time. 5. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process for any proposed building improvements. 6. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. 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 Porte Planning and Development Department IlEistalalislseall 11877 11kidlaird I lai villa, I )111-c.toil May 18, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000004 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on May 17, 2018 to hear a Special Conditional Use Permit request by Tracy Talent Lacombe, applicant, on behalf of Victor Ybarra, owner; for a Special Conditional Use Permit to allow for a Specialty Trade Contractor. The subject site is located at 405 S. 16th St., and is legally described as Lots 3-5, Block 789, Town of La Porte Subdivision. The subject site is zoned General Commercial (GC) and Section 106-310 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the GC zoning district. The Commission voted 8-0 to recommend approval of the proposed SCUP with the added condition that no commercial vehicles related to the approved use shall be permitted to park within the public right-of-way. 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 LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov ' LARAMIE CRANE, LLC PO B 1515 1. Pon T 71572 Phone (2941 4966 f Pnx: (fl6t) 538-9074 April 13, 2018 CITY OF LA PORTE PLANNING AND 1)E4TLOP7siENT DEPARTMENT 6(9 WEST FAIRMONT PARKWAY LA I:rORTE, T'% 77571 Re: SPECIAL CONDITIONAL USE PERMIT" APPLICATION Pi perty: 405 S 16 STREET LA PORTF',, IN 77571 To comply with the City's Code of Ottimanecs to conduct business at the ptopetty located at 405 S '10 Street, La P ure, T'Y, Latam c C e ne submit,' the attached Application fox Special Conditional Use Permit fox approval this apphea'i for a special condiH—1 Ilse permit is being submitted in response to a complaint against I,Irsanie Crane by Texy Medders A NIeddas Conon ,tions. Laramie. Crane has ddl—ed the complaint and is no longee parking arty -bides or equipment an West C Street. Also, please note that Laramie Crane is no longe, parking canes at this location at A. 0 -le, are kept off site at another location. Should yon have any questions, or tt;qui e additional in Formation, please contact In, at (281) 941-4966. 'I hank you for y— time and llsid.,tion W this matter. Sin . •trly, i'racy Lac..dp, LARAMIEI.,LC "` Special Conditional Use Permit Application Planning and Development Department ;PROJECT INFORMATION Address where SCUP is being requested: 405 S 16th Street Legal description where SCUP is being requested: LTS 3 4 & 5 - BLK 789 - LA PORTE HCAD Parcel Number where SCUP is being requested: 0241020890003 Zoning District: General Commercial Lot area, 9,375 A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte. Description of Request: To allow Laramie Crane, a specialty trade contractor (NAICS 238990), to continue to locate and conduct business in a general commercial zone. Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNER($) INFORMATION _ Name. Victor Ybarra Company (if applicable): Araby Properties, LLC Adam- 3819 River Run Drive city: Baytown state, TX 77523 Phone: (832) 715-4555 [mail: � AUTHORIZED AGENT (if other than owner) Name: Tracy Talent Lacombe Company (if applicable): Laramie Crane, LLC Address: PO Box 1515 city: LaPorte State:— Tx Za: 77572 Prone: (281)941-4966 Emaa O WNEll & AGENT CERTIFICATION hereby depose and ftate under the penalties frjury that all to inerts, proposals and/or plans submitted withJor contained in thisapnlisatien t e and correct and th p�i anon is compt`et the best of my knowledge and belief. Ag t'ssgnawre: L �L. -� L- Date: 04/1312018 Owneris)'Signature(s): Date: 06/04/18 STAFF USEONLY: Date Application Received: Case Number: Special Conditional Use Permit Application Planning and Development Department AFFIDAVIT OF POSTING PLANNING AND ZONING COMMSSION PUBLIC NEARING; STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: 405 S 16th Street, La Porte, TX 77571 LEGAL DESCRIPTION: LTS 34& 5 - BLK 789 - LA PORTE 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, l hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public hearing; starting at least on the following date: 04/16120108 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire fifteen (15) day postinntg per' I. If sign is damaged or La missing, I hereby attest that I will contact the City of Port or a replacemeign n k— Applicant's Printed aree 1 subscribed and sworn before me this day of I �- . by (Print App#cgnt's Norr)k). 1. No�Fary Public EW� CHASITY LADGNMAN ary Pu61 o, 3tero of Texw Seal)mm ExPires W-23.2020 My commission expires. 1 Notary lD 130712810 cowaER of s. �snHAN'w W NKR i I F. �� onrvEwAr CONSTRUCTION NOTES: 1—I. NGCRIVEWAYBCULVERTTOBF PWM FLO OP AIN NOTC AA rs No WEST "C" STREET rye. `�` ml vnlca sraP I� / / I<oiw ewslan zoN al ire oE;e� a on srl�sro i1� KEYTNG OT XES Q —AY AVERT TO PE IJUANG. CAS Ll AM RECISTERO UNCERT-LAWS OfREMOVED ETRE PRtlF SSSR F 6 NF ftMTC ALL ANSION,IO Nt "T THE P PT'4Yfry — PIAN IS. INC ND HERRECT,1 . THAT AB PROPERILI.S L� ssye l� URTRAT ALL OERRING, UNCLES ARE CAN N THE SITE PIAN �1! CONSULTANT \ RE N0 1142T7 405 S.16TH STREET MAXIM CRANE WORKS+ LA PORTE, TEXAS 77571 PARKINGSPACE ANALYSIS rrosisrocEanFYTw.rrHEDDSIE MENROF"PRISEw.rNAs TYPICAL PARKING SPACE LAYOUT APPR�WF"-alssrePLANANooEVE - \ Mill RIE NEOMIANC'e „ cn SITE PLA 1,1 11A- PERT -1 sE srncE uacEs orr n L GarE. n o.2e tt CInPLANNFR STANBARB PARKING 3PACE ACCESSIBLE PARKING SPACE �wt 1 --gY ....SRF' LANNING DEPARTMENT &LC_103 I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Ian Clowes Department: Planning and Development Report: X Resolution: Ordinance: X Exhibits: Ordinance P&Z Recommendation Letter Existing Land Use Map Proposed Land Use Map Appropriations Source of Funds: N/A Account Number: N A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION This item is a request for consideration to amend the city's Future Land Use Plan in conjunction with a request by, Rosemary Williams, applicant; on behalf of the Estate of M.C. Troncale, owner, who is seeking approval of a zone change from General Commercial (GC) to Single Family Residential (R-1). The property in question is a 0.28 acre tract of land located on N 1st St. north of W Tyler St. and is legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision. The city's Future Land Use Plan (FLUP) identifies the subject property as "Commercial". In order to accommodate the proposed zone change, the FLUP would need to be amended to show the property as "Low Density Residential". The Planning and Zoning Commission, at their May 17, 2018 regular meeting, voted 7-0 to recommend approval of the proposed Future Land Use Amendment. Commissioner Lou Ann Martin recused herself due to her involvement in the potential sale of the property Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City's Future Land Use Plan for a 0.28 acre tract of land known as Tracts 9-12, Block 85, Town of La Porte Subdivision, located on N 111 St. north of W Tyler 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 may establish, 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 of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City 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 May 17, 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 0.28 acre tract of land generally located on N I" St., north of W Tyler St., and legally described as follows: Tracts 9-12, Block 85, Town of La Porte Subdivision, Harris County, Texas, from its present designation of "Commercial' 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 Map 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 June 25, 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 Map 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 of the date, hour, place and subject to this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by 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 25th day of JUNE 2018. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department IlEistalalislseall 11877 11kidlaird I lai villa, I )111-c.toil May 18, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-92000005 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on May 17, 2018 on a request to amend the City's Future Land Use Plan as adopted in the Comprehensive Plan for a 0.28 acre tract of land located on N 1St St. north of W Tyler St. and legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision. The request was for approval of a change of the future land use designation from "Commercial" to "Low Density Residential" use. The Commission voted 7-0 to recommend approval of the proposed amendments to the City's Future Land Use Map. Commissioner Lou Ann Martin recused herself due to her involvement in the potential sale of the property. 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 LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Ian Clowes Department: Planning and Development Report: X Resolution: Ordinance: X Exhibits: Ordinance P&Z Recommendation Letter Applicant Information and Request Aerial Map Zoning Map Land Use Map Appropriations Source of Funds: N/A Account Number: N A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION The applicant, Rosemary Williams; on behalf of the Estate of M.C. Troncale, owner; is seeking approval of a Zone Change from the General Commercial (GC) zoning district to the Low Density Residential (R-1) zoning district. The property in question is located on N 1St St. north of W Tyler St. and is legally described as Tracts 9- 12, Block 85, Town of La Porte Subdivision. The property is currently undeveloped and is adjacent to single family to the west across the street and existing office warehouse uses to the north and east. The property to the south is currently undeveloped. The current owner has attempted for years to sell the property for commercial uses but the small size and adjacent residential use has made it unsuitable for most commercial buyers. Staff did not receive any notices in favor or opposition to the proposed zone change. The Planning and Zoning Commission, at their May 17, 2018 regular meeting, voted 7-0 to recommend approval of the proposed Zone Change. Commissioner Lou Ann Martin recused herself due to her involvement in the potential sale of the property. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for zone change request #18-92000005, for a 0.28 acre tract of land located on N 111 St. north of W Tyler St. and is legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 0.28 ACRE TRACT OF LAND LOCATED ON N IST ST. NORTH OF W. TYLER ST. AND LEGALLY DESCRIBED AS TRACTS 9-12, BLOCK 85, TOWN OF LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) 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. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 0.28 acre tract of land located on N. 1st St., north of W. Tyler St., and legally described as Tracts 9-12, Block 85, Town of La Porte Subdivision, Harris County, Texas, from General Commercial (GC) 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. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 251h day of JUNE, 2018. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department IlEistalalislseall 11877 11kidlaird I lai villa, I )111-c.toil May 18, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #18-92000005 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the May 17, 2018 on a zone change request by Rosemary Williams, applicant; on behalf of the Estate of M.C. Troncale, owner; for a zone change of Tracts 9-12, Block 85, Town of La Porte Subdivision from General Commercial (GC) to Low Density Residential (R-1). The site is a 0.28 acre tract of land located on N 1St St. north of W Tyler St. The Commission voted 7-0 to recommend approval of the proposed zone change. Commissioner Lou Ann Martin recused herself due to her involvement in the potential sale of the property. 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 LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov p.2 A , pr 11 1 2813923687 13 08:36a Charles Troncale No. 3126 P. 2 Apr, 11, 2018 10: 19AM Zone Change Application 0 Planning and Development Department Address where zona change is being Legal descriptfuri where zone charge MCAD Parcel Number ver re gone- change . being requested: Zoning Districu Lot -area-- A request far approval of azone- change is hereby made to tfiv City of La potru. Qc5crlption of Attached hereto is a Projert Description Letter descrUng the prajcrt-a"d outlining the reasQris why such SCUP should be approved. MOON% ~M 0', 06M."i Name: company (If applicable) cl Phone- conipariv (if applircaW.),, State", zip.: Email-. MO-KAN MR, MANA, ,NA*,O1^ State. I hereby depose and state ander the penalties qf perjury that all st-aterneh4, proposals and/or planssubmittedWith/or contained In this OPPUC&OOn are AtMacarlrerd-t and the application Is complete tQ the best of my knowledge aandbelld, Agent's Signature: Date:- Owner(s), Signature(4: M STAFF USE QAIM Case Number: . .......... . Date Application Received- Zone Change Application Planning and Development Department STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: LEGAL DESCRIPTION: 875 - in.. In accordance with the provisions of Section lOG-1.94 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than fifteen (25) days prior to the scheduled public hearing; starting at least on the following date: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire fifteen (1.5) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte fig replacement sign. Applioint's Signature r� Applicant's Printed N me Subscribed and sworn before me this I day of �� l'by ., ; }�a,�' ��° i � (i�"i'�"€�� (Print Applicant's Nome). Notty Public (Seal) My commission expires: r/ / JENIFER STOUT N ?m My Notaty ID # 130534952 Expires December 16, 2020 Apr 10 13 08:55a Charles Troncale A01. 9, 2918 5 ;1 OPM APri! 9, 2018 To whom it may concern: 2813923687 p.16 No. 3122 t. I I have been made aware that the developer that is purchasing L_TS 9-12 SLK 85 LA FORTE is applying far a Zone Change from General Commercial to Residential 1. Estate of M C Tr n tale Date ! `� April 9, 2018 We are requesting to change the current zone from General Commercial to Residential 1 in order to build single family dwellings in the area. There are already single family dwellings across the street from the property's we are purchasing. The following are homes in the area -425 N V,421 N 15`,417 N 15t,405 N15',401N151,409N15',413N15',331N15',327N1s1,325N1st. Don Tran Abeiro Montoya REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Mike Kirkwood Department: Planning and Development Report: X Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Dangerous Building Inspection Reports Exhibits Budset Source of Funds: General Funds Account Number: #001-9092-524-6021 Amount Budgeted: %71,800 Amount Requested: TBD Budgeted Item: YES X NO SUMMARY & RECOMMENDATION On April 23, 2018, Council reviewed the findings of the Dangerous Building Inspection Board and a June 11, 2018, public hearing date was granted to consider formal action on the structure located at 9906 Rocky Hollow. At the June 11, 2018, hearing, Council postponed further action until June 25, 2018, at which time the City Attorney will provide additional information. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice (May 31 & June 7) in the Bay Area Observer and posted to the City of La Porte public bulletin board. Also, certified letters (voluntary consent to demolish form and public notice) were mailed to the building owners. City staff also posted the required notices to each property. As of June 12, 2018, the total taxes owed on the property are $15,630.55. After speaking with the City's tax attorneys, they stated it could take 4 — 6 months to get a court date; and the entire process would take 6 — 8 months to put the property up for a tax sale. The purpose is to receive property owner, citizen, and staff input as to why the buildings should or should not be condemned and demolished. Council is being asked to consider condemnation of the structures. Action Required by Council: Consider approval or other action regarding an Ordinance providing for condemnation of a dangerous/substandard building located at 9906 Rocky Hollow. Approved for City Council Agenda Corby Alexander, City Manager Date ORDINAN(. 1E NO. AN ORDINANCE DECLARING THE .BUILDING LOC'A'TED AT LOT 14. BLOCK 40, OF 1,AIRMONT PARK WEST, SECTION FOUR (4), A SUBDIVISION IN HARRIS COUNTY, TEXAS, MORE COMMONLY KNO WN AS 9906 ROCKY HOLLOW RD. TO BE IN FACT A NUISANCE, SUCH BUILDING BEING IDENTIFIED AS ON�E PRIMARY RESIDENTIAL DWELLING BUT INCLLJDING ALL SLABS, PARKING BAYS AND DRIVEWAYS. AND ORDERING SUCH BUILDING CONDEMNED. FINDING THAT ESTATE OF WENDELL-, KEITH ADAMS IS THE RECORD OWNER 01" SAID PROPERTY-, ORDERING THE SAID OWNERTO ENTIRELY REMOVE OR "FEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMT\4FNCE SAID REMOVAL OR DEMOLrnON WITHINTEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE- AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE El�,FECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TCS SAID OWNER-, PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT R.I-',MOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN.- PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS. the City. Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances. creating a Dangerous Building Inspection Board (ilea Boarcl) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duty authorized representative., the Fire Marshal or his duly authorized representative-., and WHEREAS, Section 82-474 (a) provides that: Whene-ver it shall come to the attention of the Board or any member thereof.. by reason of the carrying OL[t Ofthe necessary dL1tiCS of such member. or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s), and WHEREAS. Section 82-474 (e) provides that: After the inspection prop ,Ided 1'or in this Section has been made. with or without the aid of experts. the Board shall report its coriCIL[Siffll in writing to each of the naernbers of the City Council L_ and to the City Attorncy. Such report shall state the Cii-CUrnsLances and the condition of the Orditiaoce No. Paae 2 building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS. it has heretof6re come to the attention of the Board that one primary residential dwelling situated at L0'F 14, BLOCK 40, OF FAIRMONT PARK WEST. SECTION FOUR (4) A SUBDIVISION IN HARRIS COUNTY. TEXAS, ACCORDING TC) THE MAP OR PLAT TF- RECORDED IN VOLtJME 284, PAGE 93 OF THE MAP RECORDS OF ,HARRIS COUNTY. TEXAS, which is more commonly known as 9906 ROCKY HOLLOW RD.. Harris County. Texas, has become dan(yerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte-, and. WHERFAS, said Board has heretofore made and filed its written report. dated MARCI I 29, 2018 finding said building to be in fact a dangerous building: WHEREAS,, City Council received such report, and ordered notice to the record owner and lienholders of said property that a hearing as provided in Section 82-477 of said Ordinance would I Z__ be held at 6:00 PM on JUNE 11. 2018. at 604 W. Fairmont Parkway, at the Council Chambers, Cite Hall, City of La Porte. Texas., at which time the Council would hear further evidence for and against the Conclusions of the Board, WI IEREAS. the City of La Porte has heretofore served notice upon said owner by posting a notice on the subject property at 9906 ROCKY HOLLOW RD. on or about MAY 23, 2018: and. by registered mail, return receipt requested. which notice was shown by USPS as delivered to his last known address of 16297 Dockbar COUrt. Friendswood, Texas 77546, on or about MAY 26 . 2018 ( ISI TLLRNL I-', D' a date more than ten (10) days before the date set for the public hearing- as required by law, such notice included a statement that that the owner was required to submit at the puhlic hearing proof of the scope of work that may be required to bring the Structure into compliance and the time it \vouild take to reasonably perforin the work, furthermore, notice of the aforementioned public hearing date was published in the Bay Area Observer on MAY 31. 2018 and JUNE 7, 201 8; Ordinancc No. Pale3 WHEREAS, the City of La Porte has additionally served notice upon Janies B. Nutter and Company, lienholder against the suject property pursuant to Deed of Trust dated March 1, 2014 and recorded under Harris County Clerk File No. T572069, by registered mail, return receipt reqUCsted. which notice was shown by USPS as delivered to said lienholder on or ab0L1t.NjAY 29. 2018. at its last known address of 4153 Broadway. Kansas,City, Missouri 64111, a data more than ten (10) days before the date Set for the public hearing; as required by la -vv, Such notice included a statement that that the lienholder was required to submit at the public hearing proof of the scope of work that may be required to bring the structure into compliance and the firne it would take to reasonably perform the work-, WHEREAS, at said date, time, and place. CIN Council met in regular session to conduct SLICh public hearin-, at which time e-vidence was presented both for and against the conclusions of the Board., at which time the hearing was concluded; WHEREAS, City Council. after due deliberation, and within fifteen (15) days after the tern-fination of the JUNE 11, 2018 public hearing, is required to rnake its decision in writing and L_ - enter its order; and WHEREAS. after the conclusion of the said public hearing the City Council entered an order condemning the residential dwelling structure at 9906 Rocky Hollow Rd. on JUNE 25- 2018., a day which is within fifteen (15) days after the termination of the hearing. NOW THEREFORE: BE [F ORDAINED BY THE CITY COUNCIL OFTHE CITY OF LA PORTE: Section 1. 1.17is Ordinance contains the Findings of Fact, Conclusions of LwN,., and orders of the City Council of the City of La Porte. based upon the evidence presented at said hearinc, Ordiname No. Tia re; 4 Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report olthe Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The Citv Council hereby finds, determines and declares such building beina one primary residential dwelling, to be a public nuisance. and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Esnn OF WENDELL KEITH ADAMS is the record owner of the property on which the aforementioned primary residential dwelling is situated, and that as such record owner, the said ESTATE OF WENDELL KEITH ADAMS has been duly and legally notified of those proccediiigs; rui-thermore, the City Council hereby finds, deterinines and declares that ,Tames B. Nutter and Company is the sole lienholder against the property pursuant to Deed of Trust dated March 1, 2014 and recorded Linder Harris COLinty Clerk File No. T572069, and that the said James B. Nutter and Company has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said ESTATE OF WENDELL KEITH ADAMS to entirely remove or demolish such building, including all slabs, parking bays and t7 Ct, I driveways, and further orders the said ESTATEOF WENDELL KEITH ADAMS to commence such removal within ten (10) days from the effective date of this Ordinance., and to complete said removal or demolition within forty-five (451) days from the effective date of this ordinance. Section 6,. The City Counci I hereby orders the Board of the City of La Porte to cause ixed in one or more a notice of the dangerous. unsanitary condition of the buildin,,s to he affi I I Z-� conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person. under penalty of lav,'. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance. to the record owner of said property and to any, and all fienholders or Tnortoagees, by registered mail, return receipt requested'. file a copy of this Ordinance in the oft -ice Ordinance No. Page 5 of the City Secretary, and, publish in the official newspaper of the city a notice containinig: I ) the ' street address or legal description of the property. 2) the date of the public hearl11 (Y7 3)) a brief statement indicating the results Of the hearing, and 4) instructions stating where a complete copy ofthis Ordinance may be obtained. Section 8. Should the said ESTATE OF WENDELL KFITIJ ADAMS not comply with the orders contained in this Ordinance relating to the removal or demolition ofsuch building includin, all slabs, parking bays and driveways within forty -Five (45) days after hereof. then the City of La Porte shall enter upon the said. premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished Without delay. and the expenses of such procedure shall be charged against the said record owner of said proper -t -y., and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition,.. which cost shall be hereafter assessed against the land occupied by such buildings. and made lien thereon. Section '91. The City Council officially finds, determines.. and 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 mecting, as required by the Open Mectings, Law. Chapter 55 1. Texas Government Code, and that this meeting has been open to the public as required by law at all times dUrin(Y which this ordinance and the SL[bjCCt 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 postin- thereof. Z7 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval, PASSED AND APPROVED this the 25th day ol"KINE, 2018. Ordinance No. ary OF LA PORTE. TEXAS m Palrice Fooarty, City Secretary t= I APPROVED: Clark T. Askins, Assist. City Attorney Pa'­Ic 6 Louis R. Riobv, Mavor City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 3/29/18 STREET ADDRESS: 9906 Rogky _H_qllo,)v Rd TICAD OWNER: Wendell Keith Adams: 16297 Dockbar Court-, Fricndswood TX 77546 DEED OWNER; Wendell Keith Adams: 9906 Rocky Hollow R& La Porte'rX 77571 LEGAL:LT 14: DR, 40, Fairmont Park West, Sec. 4 OCCUPANCY TYPE: Residence .............. ZONING R-1 NON -CONFORMING ISSUES: FACILITIES AVAILABLR WATER: 4 SEWER. 4 ELECTRICAL: 4 GAS: N NO, OF DWELLING UNITS: I VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY°S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFORENMNIIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec, 82-473. Deciartifion ofPublic Nuisance and Hazard. A, Dangerous or Substandard Buildings or Structures. A building or structure sliall he considered dangerous or substandard whenrver it is determined by the Board, that any or all of the following is applicable: X L A building that is vacant, and is not up to current building code standards. These vacant buildings can he either open to trespass or boarded rip; 2. Whenever any portion thereaflias been darriaged by fire, earthquake, Ivind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the nrinimuni requirements of the building code for new buildings off similar structure, purpose or location-, X 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4, Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (r,) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) [tic deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; X 5, Whenever, for any reason, the building or stmdure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; 6. Whenever the building or structure has been so damaged by fire, wind, carthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) citable persons to resort thereto for the purpose of committing unlawful acts; X 7. Whenever a building CrOrUcture, used or intended to be used for dwel I ing purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, until for hurnan habitation or in such a condition that is likely to cause sickness or disease; Da"geroug Ruirdinss h,speaim Fnm Page 2 —& W henevt r any building or structure, because of obsolescence, dilapidated condition, deterioration, darnrige, inadequate evdts, lack of sufficient fire -resistive construction, faulty electric iviring, gas connections, or locating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or' substandard electrical, plumbing, or ineeballical installations, A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable; X,.,,,,,®1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defLctive, dilapidated, or deteriorated so as to threaten to fail or function as originally intended, X 2, Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay, (b) faulty coirs(ruction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 1 Whenever any bistaltation or any portion thereof which is damaged by Erre, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; X 4. Whenever any Installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION # : BUII,D G OFFICIAL'S OFFICE DATE X4— ...... .. . . . . . . FIRE HAL'S OFFICE DATF, /Z A FIRE CHIEFS OFFICE DATF/ '- (/ BUILDING ENFALUATION ClIECKLIS A =Adequate D = Deficient NIA=NotApplicable 1, STRUC-j'U R COMMENT JEXPLANA7fTON A. Foundation I. Slab 2. Pier & Beam a, Footings NIA b. Silts c. Joists 11. WHIls 1. Exterior A 2. Interior D Holes in walls C. MeinsofLigress L Doom a. Interior D Damage and irrissing 1), Exterior D Back Door Damaged 2. Porches, Steps, Stairs 3. Windows D Broken Ginss.and Daum 0-Rind-ow-l—,rallies Dangerous Building Im,pec6oit Form D. Rnar 1. Rafters I Deck, Shingles E. Ceilings 1., Joists Z Ceiling F. Floors A D DWya.11missing and damaged T) No Flooring in Bedroom und hallway arcus Page 3 C:. Other 1) Hou5c rul I ofdebris, wrikclutter, garage doors-d—a-imm—d n.MCHC 41CALSYSTEMS A. Electrical 1, Service Entrance & Panel D Dead front missing0 electrical pane I board 2. Wiring D illeszol wirilig in panel board 3, Lights, Switches D covers missing 4. Oullets D covers missing S. Other WA R Plumbing 1. Fixtures a. Sink A b. Lavatories A— c. Water/Clowts A_ d. Shower A e Water Hurter UNK Unable to inspect 2, Water Piping UNK Unable to..ins r)cct 3. Drain, Waste & Vent UNK UnabIc to inspect 4. SewerlSeptic tank NIA S. Gas System N/A C heating & A/C 1. Heating UNK Unable to inspect 2. Air Conditioning D Electrical wiring hanging out of unit. Protective cover missing on electrical M. PROPEWLY CONDFITONS 1. Accessory Structures NIA 2. ConditiOTI of'Grounds A 3. OdIrr D Comments: Wood Fence gate damaged S-,NCity PImming Sharck04-INSPECTIONS DIVISIOMALL OTHFR STUFMade UnforeemenINDwig Buildinus\D 1313LANK INSP Ft RNI,doe REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25, 2018 Requested By: Rosalyn Epting Department_ Parks & Recreation Report:_ Resolution:_ Ordinance:_ Exhibits: Redline of Proposed Agreement Exhibits: Final Version of Proposed Agreement Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Currently, Quest Youth Soccer Club does not have an agreement with the City of La Porte. Their last agreement was signed in 2003 for a five year term with the option to extend it for an additional five year term. The agreement expired in 2013. Quest is aware that they are currently without an agreement and that their current use of Northwest Park is not exclusive, but on a first come first served basis. Recently, their board has changed and a previous member has returned. They are looking for another agreement with the City of La Porte. Therefore, staff took Quest's old agreement and made changes so that Quest's agreement is similar to the La Porte Boy's Baseball Agreement. The attached exhibit shows the proposed changes to the old agreement. All changes have been shown in red. This document has been approved by Legal. Highlights of the proposed changes are: 1. Use is designated for recreational play only (non -select, non-competitive). 2. One day a week will be designated for select play, as determined by the Association. 3. Subcontracting of fields will not be allowed. 4. The association agrees to the following operations processes, if the concession stand is used: • Inventory will be kept of everything being sold in the concession stand. • A cash register with capability to track sales or a Point of Sale system will be used to maintain all inventory and sales. • Any and all workers making $600 or more a year will receive a 1099, unless they are hired through a staffing company. • Deposits will be made the next business day, • All monies will be kept in the safe until deposited. • City staff will spot check all concessions deposits and/or inventory on a random basis. 5. When dealing with staff/officials, the Association agrees to file the appropriate 1099 and any other required IRS filings. Payments to staff/officials shall reconcile to game schedules that will be provided by the Association. 6. Certificate of insurance information made to mirror that of Boy's Baseball. 7. The Association shall maintain a written policy on criminal background checks by October 1, 2018. All board members, coaches, employees, and volunteers shall be background checked on an annual basis. 8. The agreement term is one year, ending December 31, 2018. 9. The agreement automatically renews for two (2) one-year periods. 10. Should either party desire not to renew the agreement after a term, written notice must be given thirty (30) days prior to the end of the term. 11. During the term, either party my cancel the agreement without cause providing sixty (60) days written notice. 12. The annual report will be a combined expense statement/balance sheet as approved by the City's Controller and mutually agreed to by the City and the Association along with supporting documentation. 13. The Annual Report on the Association's Fiscal Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the City's satisfaction within that time, the agreement will be considered in Default. 14. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. 15. Exhibit A was changed from 9 fields to 6 fields. In the previous agreement Quest had the additional use of 3 fields at Fairmont Park, which is no longer the case. Staff recommends that Council discuss the changes and give input on additional changes. Action Required by Council: Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and Quest Youth Soccer Club. Approved for City Council Agenda Corby D. Alexander, City Manager Date AGREEMENT BETWEEN THE CITY OF LA PORTE T DEAS AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES BECAUSE, the City of La Porte ,....1..exas. (the "City") is the owner and operator of various soccer facilities as part of the parks and recreational facilities of the community; and Because, the Quest Youth Soccer Club (the "Association") has contributed funds in the past y ears.. towards the constriction of various amenities and facilities at the various E�eieted: , which ands have been matched by the City, soccer facilities owned by the City, which lLinds have been matched by � G"ilyand .; Because, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That in consideration of the mutual covenants of the mutual covenants, agreements and benefits to both parties, it is agreed as follows; I. The present soccer facilities covered in this agreement are those specific areas listed in "Exhibit A" which is attached and made a part of this agreement. The City will manage all operations related to facility and grounds maintenance at the soccer facilities designated in all structures, fencing, parking lots, sidewalks, turf areas, and major field maintenance at the soccer facilities listed in Exhibit A. The Association will be responsible for routine marking, net replacement and maintenance of the soccer facilities designated as youth soccer facilities, either existing or in the future. From time to time the official field sizes may change to meet new league requirements. Should field size change for any youth soccer field specified herein, the City will assist the Association in field realignment. Any changes made in existing or newly created fields, will require prior approval from the City; and any newly created fields or realigned fields will be governed by applicable terms of this agreement. II. The City will provide limited use of the soccer facilities as described in Exhibit "A", to the Association for conduct of its league games, practice games, tournament games, and league playoff games from January through December for each year that this Agreement is in effect. Use is limited to standard park operating hours, which are from 7:OOa.m. until 11:00 p.m. each day during the year. The Association shall have exclusive right and responsibility for scheduling, or organizing and conducting soccer league games, practice games, tournament and league playoff games at the soccer facilities listed in Exhibit A during the period covered by this Agreement All p y will b,e de jgij. �qed fon:_recr Anona111�.Y...c��b� Ore (1. By a Week will be de,.` i�fYVIl f e d for `,e°le c ka y t9..` de°te°rmine d l) lhe° �i s oci� fli�on. Facility Use Agreement, Page 1 of 6 S.11bc o1Il1tg,4 Innnp; of, ine ldy� A ysociation will enol be allowed. The City reserves the right to close the fields for field maintenance purposes. The City has provided,,, with assistance from the Association, a Concession/Restroom/Office Facility (Lhe `f acilily";p, as listed in Exhibit A. The Lacility, i^ the property of the City. Except as— Deleted: concession/restroom/office set out here in Paragraph 3 below, the City agrees to maintain utility service$hat contribute`" t0 ---� Deleted: ,and permanent attachment to said facility, aze their safe and efficient operation. The restroom portion of the Facility is a shared facility for various uses at Northwest Park and is the property of the City. The City will provide daily Deleted: to the other systems weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. The City has also provided,., with assistance from the Association, a Storage Facility, as listed in Exhibit A. The Storage Facility, and permanent attachments to said facility, are the property of the City. Unless specifically marked, parking spaces at Northwest Park are not reserved and are available on a first-come, first-served basis. IV. The Association agrees to operate the concession portion of Facility �n Section III exclusively —Deleted: to and to provide materials, equipment, supplies, and personnel necessary for operation. Further; the Association is responsible for furnishing telephone service as well as equipment for the ,Facility at the youth soccer facilities, including but not limited to the following: microwaves, Deleted: Concession/Restroom/office refrigerators, ice machines, freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession building„ poi -tion of he Faac-ili;ly. The Association agrees to clean the restroom facilities, in addition to the City's regular cleaning schedule on an as needed basis, during the Associations use of the facilities, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the youth soccer facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth soccer facilities located on City property. InIl addnl:nonIl, I ie A shoc na:I:nonIl agjje e to I!Ile f;ollfD yin ..4 C4DnIl4,e ssnonIl fDp",1eIl'a nfDnIl CJlIl;(D4 C ,;e ,,if tie ....... ......... ..... ....... .... conIl4 e yynonIl . a Ild al 112e l acnlnly " ItIlve nIll.or wnh be eke 7 of evel 'liIlnLIl r bC;nLIl.Y sold Il7iIl 'liai. CaJiCIlCes`hnfDnIl S:aiCIld. i, 4 9 f.Il i1Il ilIlca yo rcGh9leo9 4Dof5:l+V+Iem will be 4ised I(D nIl it l: a.nnIl„_all nnIlve rfloIly A.rrIl a Ild ail wongken`» malkntIl r 9 G00 on mons a ear will necenve a f onm ➢ 099 from �i.hhfDC iafi.2nIl, V77[Il e.Sh ..Ile are hired than' ih a hl�affnn�Il.r. cornpan ..... V l Y Q„fie po`»nl »wnii �7e nnade IIIle rrIl�°xl �74r »nrrIlc`,» daV, All monies will be gkel in...1li safe ...4 ail de 2LI,ile d:.:. Lily `+Taff wnii `hl of check all conces` iort`y del)o`,nls and/fill inyenIll;oIly on a random basis. Facility Use Agreement, Page 2 of 6 'AThendea,lin SLilh sl aff/off cia.1s,,,_he Associal:rrorrIl_, irr'ees l.o file :he atal>rro�aLi e Forret 1099 and. llIly oliIlel,,,,,rre( urnrred tQ� 9 frrlrrrrIlrs. aylraerrIlls„to slaff/off vials s,ha.11rreColIl4de 'o.. s....!'11gC wrrll be CL`1rr:o i e d..l7y lite A ssoc i l.rron7 VI. Use of facility by the public will be limited to the following conditions. During the period not covered by this Agreement, the public shall have the right to use the various soccer facilities Complex for L^ e at any time during park operating hours. During the period covered by this Agreement, the public shall have the right to play soccer or other field sports games at the soccer facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games. Special preparation shall include marking, net installation, watering, painting, or other activity that would be disrupted or spoiled by indiscriminate use of facilities by the public. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expense, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as an additional named insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, wil1Il a,,,lrainim a� n de duc,l;rrble of_On l iIlc�,al s 1rrIlcfl{$1,000.00) l(1.Erro4471rr;1;en e 1i.irrt,y�,'.30.),,,drrysPrriorr'rrloliceof1>olrrc,y4 1rrIl4ettalrron shattbe 17rr,ovrr(I d.:o,,,1 e 4, II.Y. I f fe4 Irrv�:°,,,,P.21rr4 y 171;41s rrIlo: is°,X4 �1414�E: �1,9Il1Il4IlC�`1 B;,Il; s IlIlIl : Il:°.. �i ssoti i�,9, IlOIlIl s i4„ Il44�41�1E:,4„ oIl 41IlIl.�,C,�Il44�41.�1E:,,4. a,clrrvilrres„_al lie facrrhlrres,,,,_011ier l]ofrrcyexclVlsrrorrIlsa7efl4llY71IlssIlfff,,,,frrovrrded,,,_IiIlalIiIle dorrlol: sorra adicl.,.liie Lem» of Ihrs Aj eeinerra. The Association shall furnish the City with Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability nits.11n, lbg; l.he inde17irrIlnCy agreements contained in this agreement. The, /Vssocial.rron shall lnain ain a il 1rrC On cr11111nal back.l oUnd (,becks b %)clober 1 1,01 A.11,,,board r7b, graben s,,4 o ac lies ,..4lral Vic, e4°,S and voiulrrIll;een^y ,SiIlali be mfg ec'I to baCic rno7a Ild c,l e 4 KG s by Ie�e s (K rr a lion on 7rrIl 7ntm al b sis; Facility Use Agreement, Page 3 of 6 Deleted: pickup games Deleted: pickup The Association shall not assign, transfer, convey; sublet or otherwise dispose of the agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the agreement. Any representation or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the agreement. Notifications pertaining to any part of this Agreement shall be made as follows: THE CITY: City of La Porte Parks & Recreation Department LaPorte, Texas 77571 Attention: Director The Association: Quest Youth Soccer Club P.O. Box 2033 LaPorte, Texas 77572-2033 XII. The tnIlliat f enn. of �IlIl �i,'y�.Y.Ili.i.171.E:Illl::..h�Il9.11 be for 9. on y BIl �1:°IlIl4D4�., �7C"'y�.YIlIlIl4.IlIlIlIli'Y,.-4DIlIl a,n9d e9IldIln9p al 1:5') t.rn. o9Il Q�°cern"n 31, 2(➢. „Ile A.p;ae,emenl: shall 9411mn 9l:i�c 9.71�,}i,aenew l,(Da lwo 4.�..}one,,, ear Q�ee, at �f mans on Jar an fl 2,( fl 9 9b sena e it ier Qx 9nl�jpnoyidinJ..2 �Ilnnly (3,0) dans wnIl l;enIl nIlo Ilc , as (milined below. 59,�Ilmdd eilliea paa-tV desire lo nol. renew his mi eemeni atter rhe tnIlliat T eam o 91tea ;�;lli. firsi.: ll,enew971 beam, wri[len nolici. Imisl;,bi. liven 30 days j(1rioll (D'lhe end o he Ierryl. ;V1nIl9tg ar i enrn eilhen [1anl ryaleIle A..r.;ae eme nt, wIl hoazl. (9Vl »e nt 9rrIly erne by p ovadnIlp;,,,,»n l y,, GO da s wnnl LenIl nIlo l ice Lo the oTiIlen ail: the term of this agreement, the Association and the City may enter into agreements regarding future capital improvement projects or other soccer facilities that may be contemplated in the City. XIII. Deleted: This agreement shall be in force for a period of five (5) years beginning with the date of its execution. At the end of the term of the agreement, both the City and the Association have the option to continue the agreement for and additional five (5) years term. Such option shall be executed in writing by the President of the Association and the City Manager or his designee. Should either party choose not to exercise their option, the agreement shall be The Association shall maintain a favorable financial positon during the term of this agreement. considered at an end. The Association will provide an official annual report on the Association's fiscal condition to the City, comprised of a (om ,nned ex.ense sl[a einenld alance sheel as a. roved by IiIle Cill and rnu7l i Ity needo by the Cily and'I�Ile Asso(Ilal,ion atonIl� wnIVIl SV7�]]oll� docullnenLnt9o9Il. �he Deleted: balance sheet, revenue statement and expense City reserves the right to review the internal financial control structure of the Association and to statement. perform other audit steps as necessary to protect its interests. J, Abe°,..Antw.,a,t ep.L11L�lb,,,,,t,g Facility Use Agreement, Page 4 of 6 A.hsociation h Fiscal Condition will be (hie to IIIle Cil `rIlYI: (:i➢ da s aflei'dIle efIld of The .... .... ... ....... ....... .... ..... A,»»oc iil:ion» fiscal ye u. I aihife 10 fovide fe(uiested financial information widi dhnn e ... Iise »ciibec8, Inrne �nrnil: wi�Iao 1pl: a formal noliicalion from the Cnty to �he A »socialion of thal, t Ile alie re( adreinera within i.fIl additional fifl.eenIl.......IS days from lie ....dale of.....offi4filiIlo nfi4 r:fonIl [f 'li.e fe(Idremera for., financial s alemeril milmlission is not mel: fr IIIlaI: mine of arran.remenls I:o mifrmil. not made ......... ....... ... ........ ....... ....... 1:oIhe Cit »aLisfac,tionIl wil�IlnIl T�Ila Inne T��Ile a r.,reemefIll: wih fre coiisicflered 1:o be in Defaull. Ut.7iifIlf..? 'dhe I erms Cif 1this an-eemenl; all checks written f7 aIle A hsocialion will )e ie c�..tune d';CS iav,e two � Sn.r.;nIla:C4ires. XIV. If any section, sentences, phrases, clause, or any part of any section, sentences, phrases, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEROF, this instrument has been executed in duplicate, each to have the effect of an original as follows: A. It has been executed on behalf of the City on the th day of,uine 20j.8 ', by its Deleted: 14 City Manager and attested by its City Secretary, pursuant to an Ordinance of the Deleted: April 2003 City Council of the City of La Porte, authorizing such execution; and B. It has been executed on behalf of the Association on the ah day d Deleted: 14 by its President and attested by its V i e G'fe s c8e nIl pursuant to authorization from Deleted: April 2003 the Board of Directors of the Quest Youth Soccer Club, authorizing such execution. Deleted: Secretary 1 CITY OF LA PORTE Sy L `9'(f f 11]Q . SOCCER CLUB Deleted: FA PORTF LIM Attest: to A.G"G"Q�(�)VI:Q)A.S �l'(f FORM.: .................................................................................................................................................... Attest: M Facility Use Agreement, Page 5 of 6 President _.. I Deleted: Debra B. Feazelle Deleted: Randy Savers Deleted: Martha Cillett Deleted: Bridgette Barens, Administrator Clark.] i _/� »kins, Asci»I arrbl;,_( ily A.I. orney AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES EXHIBIT A There are currently ^ ix 6_ designated youth soccer fields covered by this agreement at the date /Deleted: nine (9) of execution. Additional fields may be added in the future as a part of this agreement by signature of both parties. The designated youth soccer facilities covered by this agreement are as follows: NORTHWEST PARK At the date of execution of this agreement, there are six youth soccer fields located at Northwest Park, 10200 N. "P" Street, La Porte, Texas. La Porte #I. designated as the soccer field on the northeast corner of the park; bounded on the north by AP Cad, Street; on the east by Big Island Slough; and on the west, by the east parking lot. La Porte # designated as the soccer field directly south of the La Porte #4. La Porte #.3,,— designated as the soccer field on the northwest corner of the park; bounded on the north by AP @ Street; on the west by the park boundary; and on the east, by the west parking lot. La Porte #Iv— designated as the soccer field directly south of La Porte #6. La Porte #�— designated as the soccer field directly east of La Porte #7. La Porte #fiv— designated as the soccer field directly south of La Porte #7. Concessions/Restroom/Office Facility located approximately 150 feet northwest of the Northwest Swimming Pool in Northwest Park. Storage Facility located 25 feet southwest of the Concession/Restroom/Office Facility in Northwest Park. Facility Use Agreement, Page 6 of 6 Deleted: FAIRMONT PARK ¶ At the date of execution of this agreement, there are three youth soccer fields located at Fairmont Park, 3544 Farrington, LaPorte, Texas. ¶ La Porte #1— designated as the soccer field located directly southwest of the intersection of Farrington and Collingswood Streets.¶ La Porte #2- designated as the soccer field directly west of La Porte 91.¶ La Porte #3 — designated as the soccer field directly south and west of La Porte 92. Deleted: 4 Deleted: 5 �YY Deleted: 6 Deleted: 7 Deleted: 8 Deleted: 9 AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES BECAUSE, the City of LaPorte, Texas (the "City") is the owner and operator of various soccer facilities as part of the parks and recreational facilities of the community; and Because, the Quest Youth Soccer Club (the "Association") has contributed funds in the past years towards the construction of various amenities and facilities at the various soccer facilities owned by the City, which funds have been matched by the City; and Because, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That in consideration of the mutual covenants of the mutual covenants, agreements and benefits to both parties, it is agreed as follows; I. The present soccer facilities covered in this agreement are those specific areas listed in "Exhibit A" which is attached and made a part of this agreement. The City will manage all operations related to facility and grounds maintenance at the soccer facilities designated in all structures, fencing, parking lots, sidewalks, turf areas, and major field maintenance at the soccer facilities listed in Exhibit A. The Association will be responsible for routine marking, net replacement and maintenance of the soccer facilities designated as youth soccer facilities, either existing or in the future. From time to time the official field sizes may change to meet new league requirements. Should field size change for any youth soccer field specified herein, the City will assist the Association in field realignment. Any changes made in existing or newly created fields, will require prior approval from the City; and any newly created fields or realigned fields will be governed by applicable terms of this agreement. II. The City will provide limited use of the soccer facilities as described in Exhibit "A", to the Association for conduct of its league games, practice games, tournament games, and league playoff games from January through December for each year that this Agreement is in effect. Use is limited to standard park operating hours, which are from 7:00a.m. until 11:00 p.m. each day during the year. The Association shall have exclusive right and responsibility for scheduling, or organizing and conducting soccer league games, practice games, tournament and league playoff games at the soccer facilities listed in Exhibit A during the period covered by this Agreement. All play will be designated for recreational play only (non -select, non-competitive). One day a week will be designated for select play, as determined by the Association. Facility Use Agreement, Page 1 of 6 Subcontracting of fields by Association will not be allowed. The City reserves the right to close the fields for field maintenance purposes. The City has provided, with assistance from the Association, a Concession/Restroom/Office Facility (the "Facility"), as listed in Exhibit A. The Facility is the property of the City. Except as set out here in Paragraph 3 below, the City agrees to maintain utility service that contributes to their safe and efficient operation. The restroom portion of the Facility is a shared facility for various uses at Northwest Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. The City has also provided, with assistance from the Association, a Storage Facility, as listed in Exhibit A. The Storage Facility, and permanent attachments to said facility, are the property of the City. Unless specifically marked, parking spaces at Northwest Park are not reserved and are available on a first-come, first-served basis. IV. The Association agrees to operate the concession portion of Facility in Section III exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further; the Association is responsible for furnishing telephone service as well as equipment for the Facility at the youth soccer facilities, including but not limited to the following: microwaves, refrigerators, ice machines, freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession building portion of the Facility. The Association agrees to clean the restroom facilities, in addition to the City's regular cleaning schedule on an as needed basis, during the Associations use of the facilities, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the youth soccer facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth soccer facilities located on City property. In addition, the Association agrees to the following concession operations processes, if the concession stand at the Facility is used: • Inventory will be kept of everything being sold in the concession stand. • A cash register with capability to track sales or a Point of Sale system will be used to maintain all inventory and sales. • Any and all workers making $600 or more a year will receive a Form 1099 from Association, unless they are hired through a staffing company. • Deposits will be made the next business day, • All monies will be kept in the safe until deposited. • City staff will spot check all concessions deposits and/or inventory on a random basis. V. Facility Use Agreement, Page 2 of 6 When dealing with staff/officials, the Association agrees to file the appropriate Form 1099 and any other required IRS filings. Payments to staff/officials shall reconcile to game schedules that will be provided by the Association. VI. Use of facility by the public will be limited to the following conditions. During the period not covered by this Agreement, the public shall have the right to use the various soccer facilities Complex for use at any time during park operating hours. During the period covered by this Agreement, the public shall have the right to play soccer or other field sports games at the soccer facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games. Special preparation shall include marking, net installation, watering, painting, or other activity that would be disrupted or spoiled by indiscriminate use of facilities by the public. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expense, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as an additional named insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association's scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this agreement. YA The Association shall maintain a written policy on criminal background checks by October 1, 2018. All board members, coaches, employees, and volunteers shall be subject to background checks by the Association on an annual basis. X. Facility Use Agreement, Page 3 of 6 The Association shall not assign, transfer, convey; sublet or otherwise dispose of the agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the agreement. Any representation or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the agreement. Notifications pertaining to any part of this Agreement shall be made as follows: THE CITY: City of La Porte Parks & Recreation Department LaPorte, Texas 77571 Attention: Director The Association: Quest Youth Soccer Club P.O. Box 2033 LaPorte, Texas 77572-2033 XII. The Initial Term of this Agreement shall be for a one year period, beginning on January 1, 2018 and ending at 11:59 p.m. on December 31, 2018. The Agreement shall automatically renew for two (2) one-year Renewal Terms on January 1, 2019, absent either Party providing thirty (30) days written notice, as outlined below. Should either party desire to not renew this agreement after the Initial Term or after the first renewal term, written notice must be given 30 days prior to the end of the term. During any Term, either Party may terminate the Agreement without cause at any time by providing sixty (60) days written notice to the other party. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other soccer facilities that may be contemplated in the City. XIII. The Association shall maintain a favorable financial positon during the term of this agreement. The Association will provide an official annual report on the Association's fiscal condition to the City, comprised of a combined expense statement/balance sheet as approved by the City and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. The Annual Report on the Facility Use Agreement, Page 4 of 6 Association's Fiscal Condition will be due to the City sixty (60) days after the end of the Associations fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the City's satisfaction within that time, the agreement will be considered to be in Default. During the terms of this agreement, all checks written by the Association will be required to have two (2) signatures. XIV. If any section, sentences, phrases, clause, or any part of any section, sentences, phrases, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. IN TESTIMONY WHEROF, this instrument has been executed in duplicate, each to have the effect of an original as follows: A. It has been executed on behalf of the City on the th day of June 2018, by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of LaPorte, authorizing such execution; and B. It has been executed on behalf of the Association on the th day of June 2018, by its President and attested by its Vice President, pursuant to authorization from the Board of Directors of the Quest Youth Soccer Club, authorizing such execution. CITY OF LA PORTE Corby D. Alexander, City Manager Attest: Patrice Fogarty, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney QUEST YOUTH SOCCER CLUB Scott Sotelo, President Attest: Victor Cantu, Vice President Facility Use Agreement, Page 5 of 6 AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE QUEST YOUTH SOCCER CLUB REGARDING THE USE OF SOCCER FACILITIES EXHIBIT A There are currently six (6) designated youth soccer fields covered by this agreement at the date of execution. Additional fields may be added in the future as a part of this agreement by signature of both parties. The designated youth soccer facilities covered by this agreement are as follows: NORTHWEST PARK At the date of execution of this agreement, there are six youth soccer fields located at Northwest Park, 10200 N. "P" Street, La Porte, Texas. La Porte #1 — designated as the soccer field on the northeast corner of the park; bounded on the north by AP @ Street; on the east by Big Island Slough; and on the west, by the east parking lot. La Porte #2 — designated as the soccer field directly south of the La Porte 44. La Porte #3 — designated as the soccer field on the northwest corner of the park; bounded on the north by AP @ Street; on the west by the park boundary; and on the east, by the west parking lot. La Porte #4 — designated as the soccer field directly south of La Porte 46. La Porte #5 — designated as the soccer field directly east of La Porte 47. La Porte #6 — designated as the soccer field directly south of La Porte 47. Concessions/Restroom/Office Facility located approximately 150 feet northwest of the Northwest Swimming Pool in Northwest Park. Storage Facility located 25 feet southwest of the Concession/Restroom/Office Facility in Northwest Park. Facility Use Agreement, Page 6 of 6 Council Agenda Item June 25, 2018 10 (a) Receive report of the Fiscal Affairs Committee Meeting held June 13, 2018 — Councilmember Chuck Engelken 10 (b) Receive report of the La Porte Development Corporation Meeting held June 25, 2018 — Councilmember Nancy Ojeda *********************************************************************************** Council Agenda Item June 25, 2018 11. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment Meeting, Thursday, June 28, 2018 • Drainage and Flooding Committee Meeting, Monday, July 9, 2018 • City Council Meeting, Monday, July 9, 2018 • Planning and Zoning Commission Meeting, Thursday, July 19, 2018 • City Council Meeting, Monday, July 23, 2018 • Zoning Board of Adjustment Meeting, Thursday, July 26, 2018 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers K. Martin, Kaminski, Zemanek, Bentley, Engelken, Earp, Ojeda, J. Martin and Mayor Rigby 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in accordance with the authority contained in: Texas Government Code, Section 551.071 (2) - Consultation with Attorney: Meet with City Attorney and City Manager to discuss and receive direction regarding negotiations with industry representatives for terms of new Industrial District Agreements. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 15. ADJOURN ******************************************************************