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Home My WebLink About12-10-18 Regular Meeting of the La Porte City Council Office of the Mayor Bay Area Council on Drugs and Alcohol Day City of La Porte (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 itemsunless a Councilmember requests an item be removed and considered separately.) ATTEST: APPROVED: City Secretary Mayor, City of La Porte (a)Assignment. (b)Independent Contractor. (c)Notices. (d)Governing Law; Venue. (e)Severability. (0 Headings; "Includes". (g)Binding Agreement; No Third Party Beneficiaries. (h)No Waiver of Immunity. (1)Rights, Remedies; Waiver. (i)Entire Agreement; Amendment. Authorized Persons. \[depiction of the Property lying adjacent to/abutting public sidewalk/right-of-way/street; depiction of Encroachment Area\] \[depiction of Awnings and their location\] REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: December 10, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __ __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Deed Budgeted Item: N/A Appraisal Summary Area Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION The City has received and processed an application from Mr. Walter Johnson to vacate, abandon and close a portion of the Crescent Dr. ROW, adjacent to the property located 1923 Crescent Shore Dr., legally described as Lots 1 & 2, Block 2, Tract 13, Crescent Shores. Total area of the requested closure equals 2,776.5 square feet. The applicant is seeking to purchase the ROW in order to add to his current lot square footage and relieve the city of unnecessary ROW. that an existing sewer line runs through the proposed closure. The applicant has agreed to allow the city to retain an easement for the existing sewer line. If approved, the deed will not be finalized and money released from escrow until the easement has been signed by both parties and recorded. Letters of no objection to the proposed ROW closure have been received by all three franchised utility companies (Comcast, AT&T, and Centerpoint). In accordance with Sections 62-he subject alley has been obtained by the City in order to establish fair market value. The appraisal report has established a value of just under $1.00 per square foot for the subject right-of-way. Closing fees in the amount of $2,700 have been paid by the applicant and placed in escrow pending final consideration and action by Council. Action Required by Council: Consider approval of an ordinance or other action vacating, abandoning, and closing a portion of the Crescent Dr. ROW, adjacent to Lots 1 & 2, Block 2, Tract 13, Crescent Shores, and authorize the City Manager to execute a deed to the applicant for the subject ROW. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. 2018-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE CRESCENT DRIVE STREET RIGHT-OF-WAY LOCATED IN BLOCK 2 OF CRESCENT SHORES SUBDIVISION AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the hereinafter described portion of the Crescent Drive street right-of- way located within Block 2 of Crescent Shores Subdivision, to vacate, abandon and close said portion of the Crescent Drive street right-of-way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the Crescent Drive street right- of-way located within Block 2 of Crescent Shores Subdivision, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the Crescent Drive street right-of-way located within Block 2 of Crescent Shores Subdivision, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Crescent Drive street right-of-way located within Block 2 of Crescent Shores Subdivision should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the hereinafter described portion of the Crescent Drive street right-of-way located within Block 2 of Crescent Shores Subdivision is hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on ncorporated herein, and further described to wit: Description of part of Crescent Drive, 50 foot in width right of way, adjoining the west line of Lot 1 and Lot 2, in Block 1, in Crescent Shores, a subdivision in Harris County, Texas, according to the recorded plat thereof recorded in Volume 8, Page 58 in the Office of the County Clerk of Harris County, Texas s BEGINNING at the northwest corner of Lot 1, in Block 1, in said Crescent Shores Subdivision, said point being the northeast corner of the north end of said Crescent Drive and said point lying in the north line of Crescent Shores subdivision; THENCE from said beginning point south 2.5 degrees 50 minutes west, along the easterly right of way line of said Crescent Drive, 50 foot in width right of way, and along the west line of Lots 1 and 2, in Block 1, a distance of 111.06 feet to a point for corner, said point being the southwest corner of Lot 2, in Block 1 and said point lying in the east projection of the north right of way line of Edgewood Avenue, 50 foot in width right of way; THENCE west, across Crescent Drive and along the east projection of the north right of way line of Edgewood Avenue, 50 foot in width right of way, a distance of 27.78 feet to a point for corner in the centerline of Crescent Drive, 50 foot in width right of way; THENCE north 25 degrees 50 minutes east, along the centerline of Crescent Drive, 50 foot in width right of way, a distance of 111.06 feet to a point for corner in the north line of Crescent Shores subdivision and the north end of Crescent Drive; THENCE east, along the north line of Crescent Shores Subdivision and along the north end of Crescent Drive, a distance of 27.78 feet to the point of beginning and containing 2,776.50) square feet, more or less. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this street segment, plus compensation for the market value of the abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS 10th DAY OF DECEMBER 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney 5, ROW CLOSURE SAC 18-25000001 Crescent Dr. Walter Johnson Legend This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries DECEMBER 2018 PLANNING DEPARTMENT Bid Tabulation to Sealed Bid #19001 - Temporary Labor - Solid Waste Worker L.C. Personnel, dba Labor FindersA-1 PersonnelSpur Employment, Inc.Diskriter, Inc. Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Paid to Mark Hourly Rate Paid to Mark Up Hourly Rate Paid to Mark Hourly Rate Paid to Mark Rate Billed EmployeeUp (%)Billed to CityEmployee(%)Billed to CityEmployeeUp (%)Billed to CityEmployeeUp (%)to City ItemDescription 1 Rate Per Temp Worker$9.5065$15.68$12.0050$18.00$12.0025.00$15.00$12.5942$17.84 Pasadena, TexasHouston, TexasHuntsville, AlabamaPittsburgh, Pennsylvania Pay Rate to Billing Rate to EmpCity Previous Contract Rates:% M-U D&F Industrial$12.0033$15.96 E&TC$12.0039$15.29 Bid Tabulation to Sealed Bid #19001 - Temporary Labor - Solid Waste Worker L.C. Personnel, dba Labor FindersA-1 PersonnelSpur Employment, Inc.Diskriter, Inc. Hourly Hourly Hourly Hourly Rate Paid Hourly Rate Paid Hourly Rate Paid Hourly Rate Paid Hourly to Mark Up Rate Billed to Mark Up Rate Billed to Mark Up Rate Billed to Mark Up Rate Billed Employee(%)to CityEmployee(%)to CityEmployee(%)to CityEmployee(%)to City ItemDescription 1 Rate Per Temp W$9.5065$15.68$12.0050$18.00$12.0025.00$15.00$12.5942$17.84 Pasadena, TexasHouston, TexasHuntsville, AlabamaPittsburgh, Pennsylvania Bid Results are informational only and do not indicate any type of award. Other factors may apply QUOTE#002-PW-4X CONTRACT PRICING WORKSHEET End User: CITY OF LA PORTEContractor:CALDWELL COUNTRY Contact Name: DON PENNELLCALDWELL COUNTRY Email:PENNELLD@LAPORTETX.GOVPrepared By: Averyt Knapp Phone #: 281-471-9650Email: aknapp@caldwellcountry.com Fax #: Phone #: 800-299-7283 or 979- 567-6116 Location City & State: LA PORTE, TXFax #: 979-567-0853 Date Prepared: OCTOBER 3, 2018Address: P. O. Box 27, Caldwell, TX 77836 Contract Number:BUY BOARD #521-16Tax ID # 14-1856872 Product Description: 2019CHEVROLET1500 SILVERADO 4X2 REGULAR CAB LWB CC10903 A Base Price:$20,975 BFleet Quote Option: CodeDescriptionCostCodeDescriptionCost 4X2-REGULAR CAB, INCL 4.3L-V6, 6-SPD AUTOMATIC, 40-20-40 VINYL BENCH, FULL RUBBER FLOOR, AIR CONDITION, AMFM- STEREO W/BLUETOOTH, TILT,POWER DOOR LOCKS, STEP BUMPER, REAR VISION CAMERA GMWARRANTYINCLCALDWELLCOUNTRY 5YR/100,000 MILES PO BOX 27 POWERTRAIN @ N/CCALDWELL, TEXAS 77836 INCL Subtotal B C Unpublished Options CodeDescriptionCostCodeDescriptionCost Subtotal C INCL Subtotal DFOBLA PORTE E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$20,975 Quantity Ordered4 X $83,900 Subtotal E F Non-Equipment Charges (Trade- BUY BOARDFEE$400 G. Color of Vehicle:BLACKINCL H. Total Purchase Price (E+F) (**QUOTE EXPIRES DECEMBER1**)$84,300 Estimated Delivery Q1-2019 Date: Bid Tabulation to Sealed Bid #19004 Trucks Caldwell Country ChevroletGrapevine DCJ, LLC Item No.UoMUnit PriceExtended PriceUnit PriceExtended Price DescriptionQTY 11/2 Ton Pickup per SpecificationsEA4$ 20,775.00 $ 83,100.00$ 19,859.00$ 79,436.00 Chevrolet 1500 Silverado 4X2 Regular cab Make/Model CC109032019 Ram DS1L62 SpecificationsCommentsComments NONO YESYES 1Dimensions/Capacity X a. GVWR: 6000lbs, min X b. Wheelbase: 141", min XX 140" 2 Power Train/ Cooling X a. Engine: Gasoline, V6 3.5 liter or equal rated @ 200 HP, min with EFI and oil cooler X4.3L V63.6 L V6 b. Transmission: 6-speed automatic, heaviest avalible XX 8spd. Auto X C. Readiator: Heaviest duty available from manufacturer for model bid; antifreese to -20F, min X 3Body/Chassis X a. Alternator: 105 amp, min X 160A b. Battery: heavy duty, maintenance free, 750 CCA XX 730CCA c. Power Steering XX d. All glass tinted, heat absorbing safety glass XX e. Seats: front bendch, heavy duty seamless vinyl XX 40/20/40 Split Bed f. floor: one piece heavy duty black rubber, secured instead of carpet XX g. Mirrors: external swing-away below eye level, two XX h. Bumpers: Front: painted, Rear: Painted, heavy duty step; warranty in comments XX 3yr/36000 miles; 5/100,00 limiter powertrain 4Suspension/Frame a. Axles: Front Rating X ---Front: 3300 lb., min XX 3700 ---B25Rear: 3800 lb., min XX 3900 b. Springs:X ---Front: Coil Springs XX ---Rear: Leaf XX coil c. Brakes X ---Front: power, disc type XX ---Rear: disc type XX d. Tires: recommended manufacturer, size in comments X P255/70R17 X P265/70R 17 All Season 5 Accessories/Additional Items a. Heater and defroster XX b. Gauges: full instrumention to include fuel, oil pressure, coolant temperature, volt/amp meter XX c. Radio: AM/FM XX d. Windsheils Wipers: multiple speed w/ intermittent feature XX e. Power outlet: 12v XX f. Air Conditioning XX 6Color: White Imron or white base clear coatXX 7Warranty: state warranty and durationX 3YR/36,0003 yr 130,000 miles 5yr/100,000 limited powertrain DeliveryX 12075-110 days 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: December 10, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner_____ Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Aerial Map Zoning Map Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant and owner, Nilvarni LP, is seeking approval of a SCUP to allow for a Hotel/Motel Use to locate in the General Commercial (GC) Zoning District. The property in question is a 2.28 acre tract of land located at 711 th W. Fairmont Pkwy. and is legally described as Lots 1 16 and 19 32, Block 1103 and East 30 of 7 St. ROW and Adjacent 16 foot Alley La Porte Subdivision. The property is currently partially occupied by an overflow parking lot for the adjacent US Post Office and is zoned General Commercial (GC). The applicant is interested in removing the existing paving and redeveloping the site. Current plans call for a Holiday Inn Express and Suites hotel to occupy the entire 2.28 acres. The applicant requested the identical SCUP request a number of weeks back. The Planning and Zoning Commission, at their August 16, 2018 meeting, recommended denial on a 5-1 vote. The City Council, on September 24, voted 7-2 in favor of denying the request. Staff did not receive any comment sheets in favor or opposition to the proposed SCUP. The applicant did provide 107 comment sheets from various businesses and entities throughout the city that were all in favor of the proposed project. The Planning and Zoning Commission, at their November 15, 2018 regular meeting, voted 6-0 to recommend denial of the proposed SCUP, as presented. Commissioner Kendrick abstained. Vice Chairperson Warren and Chairperson Lawler were absent. If the City Council decides to approve the request, staff has suggested a number of conditions of approval. Below is a list of all included conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of City of La Porte and the State of Texas. 2.Permitted use on site will be described as Hotel. A facility with exterior corridors and drive up parking, 3.The underlying zoning is GC. All GC requirements will need to be met. 4.No truck parking will be permitted on site and no future truck parking plans shall be approved for the site. 5.Hotel must have a minimum of 90 hotel rooms 6.Hotel amenities must include, at minimum, a fitness center, pool, and meeting/conference rooms 7.All necessary documentation for building permit review must be submitted in conjunction with the 8.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this f 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 deny an Ordinance for SCUP #18-91000014 Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date City of La Porte Special Conditional Use Permit #18-91000014 This permit is issued to: Nilvarni LP Owner or Agent 5750 Vista Rd. Pasadena, TX 77386 Address For Development of: Fairmont Motel Development Name 711 W. Fairmont Pkwy. Address th Legal Description: Lots 1 16 and 19 32, Block 1103 and East 30 of 7 St. ROW and Adjacent 16 foot Alley La Porte Subdivision, Harris County, TX Zoning: GC, General Commercial Use: Hotel (except Casino Hotels) and Motel Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be 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 hall comply with all provisions of Chapter 106, Permitted use on site will be described as Hotel. A facility with exterior corridors and drive up parking, usually def 2.The underlying zoning is GC. All GC requirements will need to be met. 3.No truck parking will be permitted on site and no future truck parking plans shall be approved for the site. 4.Hotel must have a minimum of 90 hotel rooms 5.Hotel amenities must include, at minimum, a fitness center, pool, and meeting/conference rooms 6.All necessary documentation for building permit review must be submitted in conjunction proposed building improvements. 7.Any substantive modifications to this Special Conditional Use Permit will require an 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 PortePlanning and Development Department Established 1892 Teresa Evans, Director November 16, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000014 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on November 15, 2018 to hear a Special Conditional Use Permit request by , Nilvarni LP, applicant/owner; for a Special Conditional Use Permit to allow for a Hotel/Motel Use. The subject site is located at 711 W. Fairmont Pkwy., and is legally described as Lots 1 16 and 19 32, Block 1103 and East 30 of th 7 St. ROW and Adjacent 16 foot Alley 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 6-0 to recommend denial of the proposed SCUP. Commissioner Kendrick abstained. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission www.laportetx.gov AERIAL MAP SCUP 18-9100001 711 Fairmont Pkwy. Legend This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 2018 PLANNING DEPARTMENT ZONING MAP SCUP 18-9100001 711 Fairmont Pkwy. Legend GC This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 2018 PLANNING DEPARTMENT FLUP MAP SCUP 18-9100001 711 Fairmont Pkwy. Legend COM PI This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries MHDR PO 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2018 Appropriation Requested By: Rosalyn Epting, Parks Director Source of Funds: 015 Department: Parks & Recreation Acct Number: 015-8080-552.46-53 PR0009 Report: Resolution: Ordinance: _ Amount Budgeted: $70,300 Exhibits: HOA Playground Photo Amount Requested: $52,941.18 Woodfalls Park Aerial GameTime Quote Budgeted Item: YES NO GameTime Playground Layout SUMMARY & RECOMMENDATION During the budget process there was discussion regarding adding a playground to Woodfalls Park. One of the reasons this playground was requested was due to the condition of the HOA playground approximately one block to the north. Since that time, the HOA has replaced their main piece of equipment. A picture of their playground has been included as an exhibit. In light of the new piece of HOA playground equipment, this discussion item is to determine whether Council would like to move forward with adding a new playground at Woodfalls Park. If a new playground is installed at Woodfalls Park, then 2 picnic tables, 2 barbecue pits, a tree, and 6 parking spaces would be removed. An aerial of this area had been included as an attachment. If the decision is to move forward with a new playground, staff is requesting approval of the GameTime quote for $52,941.18. GameTime is a buy Board Vendor through Contract #512-16. The quote and a rendering of the new playground have been attached. Note that by adding the three pieces of playground equipment, this would also establish a drug-free zone in that area. There is currently $70,300 budgeted for the playground equipment and any additional ground work. The remaining funds will be used for removing 2 picnic tables, 2 barbecue pits, and 2,080 square feet of concrete. The funds would also cover installing 1 handicap ramp, 325 square feet lk, and 65 linear feet of curb. Action Required by Council: Discussion and possible action regarding playground equipment at Woodfalls Park in the amount of $52,941.18 from GameTime. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date Designated Area for Playground Remove City Range Midpoints Actual League City $126,745 - $158,532 - $190,118 $173,769 Baytown $73,588 - $91,985 - $110,382 $91,985 $88,510 Deer Park Contracted out Pearland None $175,100 Friendswood None $141,000 Galveston $117,045 - $146,306 - $175,567 $150,960 Missouri City No response Pasadena No response Garland $85,134 - $111,946 - $138,757 $111,946 $101,192 Cedar Park $63,421 - $77,373 - $91,326 $77,373 $63,421 Longview $81,000 - $95,294 - $109,588 $95,294 Sugarland $69,701 - $88,525 - $107,328 $88,525 Abilene $72,091 - $92,424 - $112,757 $92,424 Killeen $65,960 - $82,023 - $101,985 $82,023 Tyler $48,908 - $78,253 $63,580 $63,945 Average midpoint of positions focused on Prosecutor role $87,894