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HomeMy WebLinkAbout08-26-19 Regular Meeting of the La Porte City Council LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD Mayor Pro-Tem Councilperson At Large A THOMAS GARZA STEVE GILLETT Councilperson District 4 Councilperson At Large B JAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 12, 2019 The City Council of the City of La Porte met in a regular meeting on Monday, August 12, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER – Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION – The invocation was given by Dr. Dee Spears, Fairmont Park Church. PLEDGES – The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Bill Bentley. 3. PUBLIC COMMENTS (Limited to five minutes per person.) Justin Suringer expressed his concern that he has been intimidated and assaulted by LPPD. Jeff Martin spoke on behalf of the La Porte-Bayshore Chamber of Commerce to thank the Council for City summer camps and City staff. Randy Rowan asked the Council to review Charter 2.02(b) and when and how the Council judges the qualifications of Council candidates. Donna O’Conner spoke in support of all the local first responders and their response to Friday evening’s drownings at Sylvan Beach. 4. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding proposed City of La Porte Wharton Weems Blvd./S. Broadway St. Sidewalk Improvements – SRTS project, and discuss and possibly adopt Resolution 2019-10 in support of project funding and a commitment to project development, implementation, construction, maintenance, management and financing. \[Teresa Evans, Planning and Development Director\] Mayor Rigby opened the public hearing at 6:17 p.m. Teresa Evans, Planning and Development Director, provided a presentation. Maggie Anderson expressed concerns about the curb placement. Mason Peres said there was already crosswalk access to Bayshore Elementary and suggested the Council wait and revise the project. The Mayor closed the public hearing at 6:28 p.m. Councilperson Garza moved to authorize the City Manager to apply for a Texas Department of Transportation (TxDOT) Safe Routes to School (SRTS) grant and approve Resolution 2019-10 in support of project funding and a commitment to project development, implementation, construction, maintenance, management and financing; the motion was adopted, 9-0. 5. STATUTORY AGENDA (a) Approve the minutes of the meeting held on July 22, 2019. \[Mayor Louis R. Rigby\] Councilperson Bentley moved to approve the minutes of the meeting held on July 22, 2019; the motion was adopted, 9-0. Page 1 of 3 August 12, 2019, Council Meeting Minutes (b) Presentation, discussion, and possible action regarding appointments and re-appointments to various boards, committees, and commissions. \[Mayor Louis R. Rigby\] Councilperson Engelken moved to approve the following, with Betty Moore being appointed for a term of up to six years; the motion was adopted, 9-0.Items 8 and 9 were handled next, in advance of 5c. Airport Advisory Board – three-year terms La Porte Health Authority – two-year terms Deborah Rihn-Harvey as Fixed Base Operator Abdul R. Moosa, M.D. Lessee Robert D. Johnston, M.D. Tucker Grant as Licensed Pilot with Aircraft Housed at Airport La Porte Tax Increment Reinvestment Zone Number One (TIRZ #1) Board of Directors – two- Gideon Jones as Resident Licensed Pilot with Aircraft Housed at Airport year terms Peggy Antone Building Codes Appeals Board – three-year Alton Porter terms Doug Martin Bryan Moore, Jr. La Porte Redevelopment Authority – two-year Ch. 172 Employee, Retiree Insurance and terms (This is the same membership as the TIRZ Benefits Board–two-year terms Board, but the Mayor is required to appoint the Donna O’Connor members to this board, including the LPISD and Juliane Graham Harris County appointments to the TIRZ.) Peggy Antone Fire Control, Prevention & Emergency Alton Porter Medical Services District Board – two-year Doug Martin terms Patrick McElroy Planning and Zoning Commission – three-year terms Steve Gillett Councilperson Martin is reappointing Lou Ann Martin Ronald Nowetner Dewey Walls, Jr. as the District 5 member Councilperson Lunsford is appointing Donna La Porte Area Water Authority (LPAWA) – O’Connor as the At Large A member two-year terms City Representative to the Southeast Texas Cambria Beasley Housing Finance Corporation Board – Council Stephen Barr Doug Martin may appoint for up to a six-year term Betty Moore La Porte Development Corporation Board - two-year terms Zoning Board of Adjustment – two-year terms Chuck Engelken Nettie Warren Nancy Ojeda Phillip Hoot Richard Warren Pat McCabe (c) Presentation, discussion, and possible action regarding the City of La Porte Fiscal Year 2019-2020 Proposed Budget. \[Corby Alexander, City Manager\] Staff provided an overview of all funds and expected year-end balances and an overview of budget proposals for the coming year. Without objection, the City Council agreed to add a goal for themselves to increase transparency. The Council adjourned for the evening at 8:51 p.m., fixing the time to which to adjourn as 6:00 p.m. on Tuesday, August 13. (d) Items 5d, 6, and 7 will be handled on August 13, 2019. 6. REPORTS (a) Receive a report on the Drainage and Flooding Committee Meeting. \[Councilperson Jay Martin\] 7. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • Fiscal Affairs Committee Meeting, Monday, August 26, 2019 • La Porte Development Corporation Board Meeting, Monday, August 26, 2019 Page 2 of 3 August 12, 2019, Council Meeting Minutes • City Council Meeting, Monday, August 26, 2019 8. 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 in accordance with the authority contained in: City Council will meet in closed session pursuant to Texas Government Code Section 551.071 – Consultation with Attorney, Section 551.072 – Deliberation regarding value of real property, to discuss industrial districts and negotiations with industry representatives for terms of new Industrial District Agreements. This item was handled on August 12, between items 5b and 5c. Councilperson Earp has a Conflict of Interest affidavit on file for the item and did not participate in the session or vote. The Council adjourned into executive session at 6:41p.m. 9. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 6:56 p.m. Councilperson Ojeda moved to approve the new value construction be taxed at a 30% rate for six years; the motion was adopted, 7-0 (Councilperson Garza was out of the room). 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. ADJOURN – Without objection, Mayor Rigby adjourned the meeting for the evening at 8:51 p.m., to resume at 6:00 p.m. on Tuesday, August 13, 2019. _______________________________ Lee Woodward, City Secretary Page 2 of 3 August 12, 2019, Council Meeting Minutes LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD Mayor Pro-Tem Councilperson At Large A THOMAS GARZA STEVE GILLETT Councilperson District 4 Councilperson At Large B JAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 13, 2019 The City Council of the City of La Porte met in a regular meeting on Monday, August 13, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary 1. CALL TO ORDER – Mayor Rigby called the meeting to order at 6:00 p.m. 4. (Items 2-4, 5a, 5b, and 8-9 handled on August 12, 2019.) 5. STATUTORY AGENDA (c) Presentation, discussion, and possible action regarding the City of La Porte Fiscal Year 2019-2020 Proposed Budget. \[Corby Alexander, City Manager\] (Discussion resumed at 6:00 p.m.) The City Manager agreed to the inclusion of $185,194 for a Facilities Maintenance Division and provide direction for how that could be best arranged. The Council took a ten-minute recess at 7:47 and reconvened at 7:57 p.m. Councilperson Martin signed a Conflict of Interest affidavit concerning the Chamber of Commerce contract as a part of the Hotel/Motel Fund budget and did not participate in the discussion of that part of the evening. Jeff Martin of the La Porte-Bayshore Chamber of Commerce also answered questions for the Council. Without objection, the Council agreed to increasing the annual contribution to the Chamber to $165,000 in the new contract beginning in 2020. Without objection, the Council asked Parks Director Ros Epting to let the Heritage Society know they were not inclined to take on the part-time employee and relay they were willing to increase the funding to $6,480. (d) Presentation, discussion and possible action regarding a recommended date for holding the public hearing on the City of La Porte’s Fiscal Year 2019-2020 Proposed Budget. \[Shelley Wolny, Treasurer\] Councilperson Engelken moved that the public hearing for the City’s FY 2019-2020 Proposed Budget be held on September 9, 2019, City Council meeting; the motion was adopted, 9-0. 6. REPORTS (a) Receive a report on the Drainage and Flooding Committee Meeting. \[Councilperson Jay Martin\] Councilperson Martin reported on the Drainage and Flooding Committee met on Monday and reviewed grant application, noting several had been downgraded and delayed by the grantors. He said the Committee would meet again on September 9. 7. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • Fiscal Affairs Committee Meeting, Monday, August 26, 2019 • La Porte Development Corporation Board Meeting, Monday, August 26, 2019 Page 1 of 2 August 12, 2019, Council Meeting Minutes • City Council Meeting, Monday, August 26, 2019 (Items 8-9 were handled on August 12, 2019.) 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers thanked staff for the excellent job they have done on the budget; congratulated Mr. Mayo on his promotion; requested a report on the tax services used for City tax collections; asked for an update on water bill donations; reminded all of the blood drive tomorrow at the Methodist Church; thanked LPPD for Safety Camp; expressed gratitude to Mr. Dolby for his conservative management of the City’s funds and to City staff for a job well done on the budget over the last several months; lauded Parks for the Kids Rodeo; recognized LPPD for the LPPD Citizens’ Police Academies and the DWI Awareness presentation given recently at Municipal Court; asked that all keep last Friday’s Sylvan Beach drowning victims in mind, as well as the first responders who serve in so many such tragic incidents; expressed appreciation for the revised budget process; shared thanks for Grace Church’s recent government appreciation services; and thanked the Chamber for their new teachers’ luncheon. ADJOURN –Without objection, Mayor Rigby adjourned themeeting at9:24p.m. _______________________________ Lee Woodward, City Secretary Page 2 of 2 August 12, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: N/A Requested By: Lorenzo Wingate, P.E., Engineer Department: Public Works Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Area map Budgeted Item: Yes No Approved IDAOrdinance 2007-IDA-019 Water service application Water service agreement SUMMARY Eurecat U.S. Inc. approached the City for a revision to their water service agreement for their facility located at 13100 Baypark Road, in the Bayport Industrial District. The company has added thirty-three (33) additional employees and is planning a 99,000 square foot building expansion which requires fire protection. The City Council has approved a policy to provide water and sanitary sewer service to companies located required by policy to maintain a current Industrial District Agreement (IDA) with the City. Additionally, the applicant is subject to an administrative fee of $7,700. As required, a non-refundable payment of twenty-five percent (25%) of the total administrative fees has been received, with the remaining balance ($5,775) to be paid upon approval of the water service agreement. Based on the previously approved demand for domestic uses, which the applicant has requested to remain unchanged, the average monthly volume for potable water is 71,675 gallons. Under the terms of the policy, the company will pay one and one-half (1- r any additional monthly usage beyond 71,675 gallons. The terms of s Water Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. RECOMMENDED MOTION Authorize the City Manager to execute a Water Service Agreement with Eurecat U.S. Inc. for its facility at 13100 Baypark Road, in the Bayport Industrial District. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: Requested By: Matt Hartleib, HR Manager Department: Administration/Human Resources Account Number: Amount Budgeted: $281,702.00 Report Resolution Ordinance Amount Requested: $280,301.00 Exhibits: Proposed 2020 Civil Service Pay Scale Budgeted Item: Yes No 2017-2021 Meet and Confer Agreement SUMMARY As required by the previously approved City of La Porte/La Porte Police Officer Association multi-year Meet and Confer Agreement, representatives of the City of La Porte and representatives of the La Porte Police Officer Association began work in April 2019 to complete the annual process prescribed in Article III-Wages. This process includes a market study of comparator police agencies, calculation of a market median, analysis of the budgetary impact of resulting pay scale changes, and adjustment as needed to comply with the total salary budget increase cap for covered employees. increase over the previous year for salaries. The cap for year three (3) of the agreement (Fiscal Year 2019-20) is 5%; therefore, no additional adjustments were required. On July 2, 2019, City and Association teams met and agreed to the proposed pay scale. As required, the full membership body of the Police Association has also affirmatively voted to accept the proposed pay scale. The existing agreement and current pay scale, are pursuant to the provisions of the Texas Local Government Code and will be in effect until September 30, 2019. RECOMMENDED MOTION I move to approve the proposed changes to the City of La Porte Civil Service pay scale as presented. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 20 39.61 /{ЊΏЋЉ 15 38.86 /{ЊΏЊЎ 12 38.11 /{ЊΏЊЋ 11 37.26 /{ЊΏЊЊ 10 /{ЊΏЊЉ 36.40 9 /{ЊΏВ 35.55 8 /{ЊΏБ 34.69 7 /{ЊΏА 33.84 66 /{ЊΏЏ 32.98/{ЋΏЏ 45.40 Attachment A 55 /{ЊΏЎ 32.13/{ЋΏЎ 44.37 44 /{ЊΏЍ 31.27/{ЋΏЍ 43.35 33 Ќ /{ЊΏЌ 30.42/{ЋΏЌ 42.32/{ЌΏЌ 51.60 22 Ћ /{ЊΏЋ 29.56/{ЋΏЋ 41.30/{ЌΏЋ 49.99 Civil Service Median Salary Schedule FY 2020 (October 1, 2019 - September 30, 2020) 11 Њ /{ЊΏЊ 28.71/{ЋΏЊ 40.27/{ЌΏЊ 48.37 00 Љ /{ЊΏЉ 27.85/{ЋΏЉ 39.25/{ЌΏЉ 46.76 /{Њ/{Ћ/{Ќ Police OfficerSeargeantLieutenant REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: N/A Requested By: Ian Clowes, City Planner Department: Planning & Development Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Ordinance No. 2019-3750 Budgeted Item: Yes No P&Z Recommendation Letter Proposed Land Use Map Existing Land Use Map SUMMARY & RECOMMENDATION conjunction with a request by Justin Bennett of Phelan-Bennett Development, applicant, on behalf of Carrington F. Weems owner, who is seeking approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The proposed zone change would allow for the development of an industrial office/warehouse building on the site. The property in th question is located at the NE corner of S. 16 St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. bject property as Commercialstaff recommends amending the existing FLUP map Light Industrial The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet and limit the total number of bay doors to 9. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Future Land Use Amendment. ACTION REQUIRED BY COUNCIL 1.Conduct public hearing. 2.Consider action on a recommendation by the Planning and Zoning Commission to approve an , for a 5.051 acre th tract of land located at the NE corner of S. 16 St. and the W. M St. ROW and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. 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 OFLA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OFLA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, inits charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City ofLa Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City ofLa Porte, the Planning and Zoning Commission of the City ofLa Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City ofLa Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on June 20, 2019, 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, th to change the designation for that 5.051 acre tract of land located at the northeast corner of S. 16 St. and the W. M St. ROW, and legally described as follows: Lots 1-32, Block 1144 and Lots 1-32 Block 1143, La Porte Subdivision, City of La Porte, Harris County, Texas, from its present designation of Commercial, to Light Industrial", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend the adoption of said proposed amendments to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; 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 July 22, 2019 meeting, and receipt of the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice 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 bein effect from and after its passage and approval. Passed and approved this the 2day of , 2019. CITY OF LA PORTE, TEXAS By: Louis R.Rigby, Mayor ATTEST: By: Lee Woodward, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Request #19-92000002 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on June 20, 2019 for a request to a 5.051 acre th tract of land located at the NE corner of S. 16 St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The request was Commercial use The Commission voted 4-3 to recommend approval of the proposed Future Land Use Map. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: N/A Requested By: Ian Clowes, City Planner Department: Planning & Development Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Ordinance No. 2019-3751 Budgeted Item: Yes No P&Z Recommendation Letter Aerial Map Zoning Map Future Land Use Map Applicant Information SUMMARY & RECOMMENDATION Justin E. Bennet of Phelan-Bennett Development, applicant, on behalf of Carrington F. Weems, owner seeks approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The th subject property is located at the NE corner of S. 16 St. and the W. M St. right of way (ROW) and is legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The 5.051 acre property is currently undeveloped. The applicant requests a zone change to PUD with a Special Conditional Use Permit (SCUP), allowing for construction of a single 109,000 square foot office/warehouse industrial building. If approved, the applicant will apply for a street/alley closure for the remaining city ROW th (15 St. and 2 alleys). The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet and limit the total number of bay doors to 9. Staff mailed public notice to all property owners located within 200 feet of the subject property and received one (1) comment sheet in opposition of the proposed request. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Zone Change. ACTION REQUIRED BY COUNCIL 1.Conduct public hearing. 2.Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for zone change request #19-92000002, for a 5.051 acre th tract of land located at the NE corner of S. 16 St. and the W. M St. ROW and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 ORDINANCESOF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A5.051ACRETRACT OF LANDLOCATEDATTHE TH NORTHEAST CORNER OFS. 16ST.ANDTHE W. M STREETR.O.W.AND LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE SUBDIVISION,FROM GENERAL COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1.changing the zoning classification of the following described property, to wit: a5.051 acre tract of land located th at the NE corner of S. 16 St. and the W. M Street R.O.W. and legally described as Lots 1- 32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, Harris County, Texas, from General Commercial (GC) to Planned Unit Development (PUD). Section 2.All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4.The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX 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 with 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 Comprehensive Plan. Section 8.This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the2 day of, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director WǒƓĻ ЋЊͲ ЋЉЊВ IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ œƚƓĻ /ŷğƓŭĻ wĻƨǒĻƭƷ ϔЊВΏВЋЉЉЉЉЉЋ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ğƷ ƷŷĻ WǒƓĻ ЋЉͲ ЋЉЊВ ƒĻĻƷźƓŭ ƚƓ ğ ǩƚƓĻ ĭŷğƓŭĻ ƩĻƨǒĻƭƷ ĬǤ WǒƭƷźƓ .ĻƓƓĻƷ ƚŅ tŷĻƌğƓΏ.ĻƓƓĻƷƷ 5ĻǝĻƌƚƦƒĻƓƷͲ ğƦƦƌźĭğƓƷͳ ƚƓ ĬĻŷğƌŅ ƚŅ /ğƩƩźƓŭƷƚƓ C͵ ‘ĻĻƒƭͲ ƚǞƓĻƩͳ ŅƚƩ ğ ǩƚƓĻ ĭŷğƓŭĻ ƚŅ ƦƩƚƦĻƩƷǤ ƌĻŭğƌƌǤ ķĻƭĭƩźĬĻķ \[ƚƷƭ ЊΏЌЋͲ .ƌƚĭƉ ЊЊЍЍ ğƓķ \[ƚƷƭ ЊΏЌЋͲ .ƌƚĭƉ ЊЊЍЌͲ \[ğ tƚƩƷĻ {ǒĬķźǝźƭźƚƓͲ ŅƩƚƒ DĻƓĻƩğƌ /ƚƒƒĻƩĭźğƌ ΛD/Μ Ʒƚ tƌğƓƓĻķ ƓźƷĻ 5ĻǝĻƌƚƦƒĻƓƷ Λt 5Μ͵ ŷĻ ƭźƷĻ źƭ ğ Ў͵ЉЎЊ ğĭƩĻ ƷƩğĭƷ ƚŅ ƌğƓķ ƌƚĭğƷĻķ ğƷ ƷŷĻ b9 Ʒŷ ĭƚƩƓĻƩ ƚŅ {͵ ЊЏ {Ʒ͵ ğƓķ ƷŷĻ ‘͵ a {Ʒ͵ wh‘͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ ЍΏЌ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ǩƚƓĻ ĭŷğƓŭĻ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķͲ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ .ĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: N/A Requested By: Ian Clowes, City Planner Department: Planning & Development Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Ordinance No. 2019-3752 Budgeted Item: Yes No Proposed SCUP P&Z Recommendation Letter Aerial Map Zoning Map Applicant Information SUMMARY & RECOMMENDATION Applicant, Justin Bennet of Phelan-Bennett Development; on behalf of Carrington F. Weems, owner, is seeking approval of a Special Conditional Use Permit (SCUP) to allow for an office/warehouse facility in the PUD zoning district; on approximately 5.051 acres of land, legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The subject site is located at the NE Corner of S. 16th St. and W. M St. The property is currently undeveloped. The owner of the property is in the process of changing the zoning from GC to PUD. The proposed SCUP, will allow them to construct a spec office/warehouse facility. Preliminary layouts for the project show a 109,000 square foot th building fronting onto S. 16 St. with the truck docks to the south. The truck bays will be th screened from view of S. 16 and SH 146 by architectural elements on the proposed building. The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The item was not heard by the City Council due to the failure of the requested zone change, making the SCUP unnecessary. Staff did not receive any returned comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed SCUP, as presented with three (3) additional conditions highlighted in red. Below is a list of all proposed conditions. 1.All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106- Code of Ordinances) as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. dock large garage type doors not to exceed 9. (This is a reduction from the original request which proposed 14 dock high doors and 2 garage doors for a total of 16). 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles, or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. th 8. The front of the building will face 16 Street. th 9. The truck docks will be designed such that they are screened from view from 16 Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided Any substantive modifications to this Special Conditional Use Permit will require an amendment . 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 #19-91000003 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITYOFLA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TOAS THE ZONING ORDINANCE OF THE CITYOFLA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000003, TO ALLOW FOR ANINDUSTRIAL OFFICE/WAREHOUSE USEIN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 5.051 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, 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 OFLAPORTE, TEXAS: Section 1.Chapter 106 of the Code of Ordinances is hereby amendedby granting Special Conditional Use Permit #19-91000003 attached hereto as Exhibit A and incorporated by reference for all purposes,to allow for an Industrial Office/Warehouse use on a 5.051 acre tract of land th located at the NE corner of S. 16 St. and the W. M Street R.O.W. and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision,La Porte, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district. Section 2.All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency andin all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but asto such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4.The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, asrequired by Chapter 551, TX. Code; and thatthis meeting has been opento the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5.The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6.The City Council of the City ofLa Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable andin furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7.This ordinance shall be effective after its passage andapproval. PASSEDAND APPROVED this the 2 day of , 2019. CITY OFLAPORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney EXHIBITA City of La Porte Special Conditional Use Permit #19-91000003 This permit is issued to: Justin E. Bennet of Phelan-Bennet Development _____________ Owner or Agent 5301 Polk St., Bldg. 25, Houston, TX 77023 Address For Development of: Spec Office/Warehouse Development Name th 0 S. 16 Street, La Porte. TX (HCAD 0242030430001) Address Legal Description: Lots 1--32 of Block 1143 (including th Street ROW from West L Street to West M Street Zoning: PUD, Planned Unit Development Use: Industrial Office/Warehouse Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained accordance with the following conditions: 1. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106-310, Table as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. type doors not to exceed 9. 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles, or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A , of the City of La Porte Code of Ordinances, as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. th 8. The front of the building will face 16 Street. th 9. The truck docks will be designed such that they are screened from view from 16 Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided. 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 WǒƓĻ ЋЊͲ ЋЉЊВ IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ {ƦĻĭźğƌ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ wĻƨǒĻƭƷ ϔЊВΏВЊЉЉЉЉЉЌ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƩĻŭǒƌğƩ ƒĻĻƷźƓŭ ƚƓ WǒƓĻ ЋЉͲ ЋЉЊВ Ʒƚ ŷĻğƩ ğ {ƦĻĭźğƌ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ ƩĻƨǒĻƭƷ ĬǤͲ WǒƭƷźƓ .ĻƓƓĻƷ ƚŅ tŷĻƌğƓΏ.ĻƓƓĻƷƷ 5ĻǝĻƌƚƦƒĻƓƷͲ ğƦƦƌźĭğƓƷͳ ƚƓ ĬĻŷğƌŅ ƚŅ /ğƩƩźƓŭƷƚƓ C͵ ‘ĻĻƒƭͲ ƚǞƓĻƩͳ ŅƚƩ ğ {ƦĻĭźğƌ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ Ʒƚ ğƌƌƚǞ ŅƚƩ ğƓ źƓķǒƭƷƩźğƌ ƚŅŅźĭĻΉǞğƩĻŷƚǒƭĻ ǒƭĻ͵ ŷĻ ƭǒĬƆĻĭƷ ƭźƷĻ źƭ ƌƚĭğƷĻķ ğƷ ƷŷĻ b9 ĭƚƩƓĻƩ ƚŅ {͵ Ʒŷ ЊЏ {Ʒ͵ ğƓķ ƷŷĻ ‘͵ a {Ʒ͵ wh‘Ͳ ğƓķ źƭ ƌĻŭğƌƌǤ ķĻƭĭƩźĬĻķ ğƭ \[ƚƷƭ ЊΏЌЋͲ .ƌƚĭƉ ЊЊЍЍ ğƓķ \[ƚƷƭ ЊΏЌЋͲ .ƌƚĭƉ ЊЊЍЌͲ \[ğ tƚƩƷĻ {ǒĬķźǝźƭźƚƓ͵ ŷĻ ƭǒĬƆĻĭƷ ƭźƷĻ źƭ ǩƚƓĻķ tƌğƓƓĻķ ƓźƷ 5ĻǝĻƌƚƦƒĻƓƷ Λt 5Μ ğƓķ {ĻĭƷźƚƓ ЊЉЏΏЏЎВ ƚŅ ƷŷĻ /ƚķĻ ƚŅ hƩķźƓğƓĭĻƭ ƩĻƨǒźƩĻƭ ğ {ƦĻĭźğƌ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ źƓ ƚƩķĻƩ ŅƚƩ ƷŷĻ ğĬƚǝĻ ƩĻŅĻƩĻƓĭĻķ ǒƭĻ Ʒƚ ĬĻ ƦĻƩƒźƷƷĻķ ǞźƷŷźƓ ƷŷĻ t 5 ǩƚƓźƓŭ ķźƭƷƩźĭƷ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ ЍΏЌ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ {/ t ǞźƷŷ ğ ƓǒƒĬĻƩ ƚŅ ğķķźƷźƚƓğƌ ĭƚƓķźƷźƚƓƭ͵ ŷĻƭĻ ĭƚƓķźƷźƚƓƭ ŷğǝĻ ĬĻĻƓ ğķķĻķ Ʒƚ ƷŷĻ ŅźƓğƌ {/ t ķƚĭǒƒĻƓƷ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ ĬĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ œƚƓźƓŭ /ƚƒƒźƭƭźƚƓ City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov T S HT 31 S TS HT61 HT61 S S HT61 SSTS T T S HT6TS HT61 S 1 S E S N Scheme 10 28 June 2019 W SITE PLAN / FLOOR PLAN D E V E L O P M E N T 5301 Polk Street - Building 25 - Houston, Texas 77023 108'-0" 40' DETENTION AREA 20' SCALE: 1" = 20' 10' 0' 26'-0" FUTURE ACCESS POINT 44'-0" (DECOMPOSED GRANITE) FIRE DEPARTMENT APPARTUS GL ACCESS ROAD - 80,000 psf CAPACITY 52'-0" 50'-0"50'-0"50'-0"50'-0"60'-0" 10'-0"260'-0"102'-0" 52'-0" La Porte, Texas 1301 South 16th Street 52'-0" 7 OVERHEAD DOORS 400'-0" 108,975 sf 52'-0" WEST M STREET (UNIMPROVED) WEST L STREET (UNIMPROVED) USED for FIRE DEPARTMENT ACCESS 1301 South 16th Street 52'-0" 26'-0" GL 52'-0" 44'-0" 152'-5" 26'-0" 10'-0" (HIGH FREQUENCY TRUCK ROUTE) SOUTH 16th STREET REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: Requested By: Corby Alexander, City Manager Department: Administration/CMO Account Number: Amount Budgeted: Report Resolution Ordinance Amount Requested: Exhibits: Ordinance Budgeted Item: Yes No SUMMARY CenterPoint Energy is coming forward to renew their gas franchise ordinance. This will be the second th reading and final approval. The first reading was on June 24 (30 days minimum between readings, per the City Charter, Sec. 7.01). At the first reading staff brought forward to City Council for an increase in the gas franchise fee amount from 3% to 4.5% with the City maintaining original jurisdiction. During the first reading the La Porte City Council instructed staff to bring forward an ordinance without a rate increase. When staff brought the revision to the original request forward to CenterPoint they agreed without objection. The attached gas franchise fee ordinance allows CenterPoint Energy to use City right-of-way to deliver natural gas to its customers. In exchange for having this right granted, CenterPoint Energy pays the City 3.0% of its gross receipts for gas sold in La Porte and 7¢ per Mcf for natural gas transported by CenterPoint for its Transport Customers quarterly. The City of La Porte will continue to maintain original jurisdiction during the period of this agreement. City Charter 7.01. - Enfranchisement. a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the city. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication \[is\] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. RECOMMENDED MOTION Consider and discuss approval or other action, then provide a second reading on a new ten year gas franchise ordinance with CenterPoint Energy. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date CITY OF LA PORTE, TEXAS ORDINANCE NO. __________ AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF LA PORTE, TEXAS FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. GRANT OF AUTHORITY. Subject to the terms, conditions and provisions of this ordinance, the right, privilege and franchise is hereby granted to CenterPoint Energy Resources Corp., D/B/A replace, abandon, operate and maintain its facilities within the Public Rights-of-Way of the City of La Porte, Texas for the transportation, delivery, sale and distribution of natural gas within the corporate limits of the City of La Porte, Texas as the same are now and as the same may from time to time be extended. Section 2. DEFINITIONS. A. La Porte, Texas. B. Section 13 of this Franchise Ordinance. C. shall mean CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Texas Gas Operations, a Delaware Corporation, and shall not mean any of its affiliates and subsidiaries who shall have no right, privilege or franchise granted hereunder. D. natural gas mains, laterals, feeders, regulators, meters, fixtures, connections and attachments and other instrumentalities and appurtenances, used in or incident to providing transportation, distribution, supply and sales of natural gas for heating, lighting, power and any other purposes for which natural gas may now or hereafter be used. E. -of- present and future Streets (as defined herein) or streams now or hereafter owned or controlled by City. F. e above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way. G. n Section 8 of this Franchise Ordinance. Section 3. TERM OF FRANCHISE. This Franchise shall become effective on the Effective Date described in Section 21 of this Franchise Ordinance and shall be in full force and effect for a term of ten (10) years. Section 4. CONSTRUCTION AND MAINTENANCE OF NATURAL GAS DISTRIBUTION SYSTEM. All Facilities installed by Company shall be of sound material and good quality, and shall be laid so that they will not interfere with the artificial drainage of the City or its underground fixtures, or with navigation in or the natural drainage of any stream. All Facilities shall be installed in accordance with applicable Federal and State regulations and in the absence of such regulations in accordance with accepted industry practice. Within the Public Rights-of-Way, the location and route of the Facilities by the Company shall be subject to the reasonable and proper regulation, direction and control of the City or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent provided in Section 14 of this Franchise Ordinance, within the Public Rights-of-Way of the City whenever such relocation shall be reasonably necessary to accommodate the widening, change of grade, or relocation by City of Streets or Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage facilities. Company shall keep current and up- to-cilities and make such maps available for inspection by the City at no cost during normal working hours. Section 5. STREETS TO BE RESTORED TO GOOD CONDITION. Company and its contractors shall give City reasonable notice, via electronic mail, of the dates, location, and nature of all work to be performed on its Facilities within the Public Rights-of-Way. Following completion of work in the Public Rights-of-Way, Company shall repair the affected Public Rights-of-Way as soon as possible, but in all cases Company shall comply with all City ordinances (including but not limited to Chapter 62, Article IV Management of Public Rights-of-Way of the City of La Porte Code of Ordinances) governing time periods and standards relating to excavating in the Public Rights-of-Way. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Section 6. PERMITS. Company and its contractors shall obtain a permit prior to its commencement of any planned engineering work, including replacements, extensions and public relocations, within the Public Rights-of-Way, except as otherwise provided below. No permit shall be required for Routine Maintenance in the Public Rights-of-Way, but the Company must provide email notification to the City at least one day prior to the such work. Company shall be exempt from any existing or future professional engineering stamp or certification requirement of the City. No permit shall be required to promptly initiate emergency repairs and repairs pursuant to the rules and regulations of the Railroad Commission of Texas. All work shall be preceded by an 811 call and be subject to the Texas One-Call Statute (Texas Utilities Code, Chapter 251, and any successor statutes). Company shall give the City telephone notice of the initiation of emergency repairs involving breaks in the paved surface of the Public Rights-of-Way, including sidewalks and curbs, as soon as practicable under the circumstances and shall submit a permit promptly following completion of the work. Company and contractors performing work for the Company shall not be required to obtain any permits for relocations of Facilities requested by the City, provided that the relocated facilities are placed in the This Franchise shall constitute a permit to park vehicles in the Streets and other Public Rights-of-Way when Company and contractors performing work for Company shall not be required to pay any fee in addition to the s Facilities, or park within the Streets and other Public Rights-of-Way. City shall not be required to pay any fee in order to obtain a letter of consent from the Company regardi-of-Way. However, any third party associated Section 7. QUALITY OF SERVICE. The service furnished hereunder to the City and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas (Texas Administrative Code, Title 16, Part 1, Chapter 7), state and federal regulations. Company shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events the Company shall do all things reasonably within its power to restore normal service as quickly as practicable. Section 8. PAYMENT TO THE CITY. In consideration of the rights and privileges herein granted, the administration of the Franchise by the City, the temporary interference with the use of Public Rights-of-Way and cost and obligations undertaken by the City in relation thereto and in lieu of any license, charge, fee, street or alley rental or other character of charge for use and occupancy of the Streets, alleys, and public places of the City, and in lieu of any inspection fee, the Company agrees to pay to the City franchise fees in the amount and manner described herein as follows: Company agrees to pay to the City quarterly during the continuance of this Franchise a sum of money equal to three percent (3.00%) ng calendar quarter received by the Company from the sale of gas within the corporate limits of the City plus seven cents (7¢) per Mcf for natural gas transported by Company for its Transport Customers during such quarter, without offset or exclusion of any amounts received by Company for receipts associated with Miscellaneous Service Charges, as defined transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May, August, November, and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided, however, the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. If the ten (10) year term of this Franchise provided for in Section 3 above ends on any day other than the last day of a calendar quarter, then the last payment shall be prorated as necessary. In no event shall the Company be required to remit to the City franchise fee amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money, the City Secretary shall deliver to the Company a receipt for such amount. If any payment due date required herein falls on a weekend or bank holiday, payment shall be made on or before the close of business of the first working day after the payment due date. Section 9. ANNEXATIONS BY CITY. This Franchise shall extend to and include any and all territory that is annexed by the City during the term of this Franchise. Within sixty (60) days from the receipt of notice from the City of any such annexation, the Company shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City of La Porte, Texas. After such sixty (60) day period the payment provisions specified in Section 7 of this Franchise Ordinance shall apply to gross receipts and transport fees received by the Company from customers located within such annexed territory. Company shall true-u basis. Section 10. NON-EXCLUSIVE FRANCHISE. Nothing contained in this Franchise shall ever be construed as conferring upon the Company any exclusive rights or privileges of any nature whatsoever. Section 11. COMPLIANCE AND REMEDIES. (a) In the event the Company by act or omission violates any material term, condition or provision of this Franchise, the City shall notify the Company in writing of such violation. Should the Company fail or refuse to notification to the Company, have the right to terminate this agreement. Any such termination and cancellation shall be by ordinance adopted by City Council; provided, however, before any such ordinance is adopted, the and reasons for the proposed termination and cancellation, shall advise the Company that it will be provided an opportunity to be heard by City Council regarding such proposed action before any such action is taken and shall set forth the time, date and place of the hearing. (b) Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to the City required by this Franchise, the Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reasons beyond its control. (c) The rights and remedies of City and Company set forth herein shall be in addition to, and not in limitation of, any other rights and remedies provided at law or in equity and C remedy shall not constitute a waiver of its rights to exercise any other remedy. Section 12. RESERVE OF POWERS. Except as otherwise provided in this Franchise, the City by the granting of this Franchise does not surrender or to any extent lose, waive, impair or lessen the lawful powers, claims and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter and Ordinances of the City of La Porte or other applicable law, to regulate public utilities within the City and to regulate the use of the Streets by the Company; and the Company by its acceptance of this Franchise agrees that, except as otherwise provided in this Franchise, all lawful powers and rights, whether regulatory or otherwise, as are or as may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Section 13. INDEMNITY. THE COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS GROUP HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF THE COMPANY OR THE CONTRACTORS, AGENTS OR EMPLOYEESOFTHECOMPANYORITSSUCCESSORSANDASSIGNS,ANDSHALLREFUNDTO CITY GROUP ALL SUMS WHICH CITY GROUP MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED OR BY THE ABUSE THEREOF, AND THE COMPANY OR ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD CITY GROUP HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY, A PERSON, PERSONS, COMPANY OR COMPANIES AT ANY TIME HEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF. Section 14. RELOCATION OF FACILITIES. The Company shall, upon written request of the City, relocate its Facilities within Public Rights-of- for service directly to City, whenever such shall be reasonably necessary on account of the widening, change of grade, or relocation by City of Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage facilities. City shall bear the costs of all relocations of Facilities installed for service directly to City and of any relocation of other Facilities requested by City for reasons other than the widening, change of grade, or relocation by City of Public Rights-of-Way, or construction or relocation by the City of City utility lines or drainage facilities. Section 15. GOVERNMENTAL FUNCTION. All of the regulations and activities required by this Franchise are hereby declared to be governmental functions and for the health, safety and welfare of the general public. Section 16. RECORDS AND REPORTS. (a) Books of Account. The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records s. (b) Access by City. The City may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than three (3) years before the commencement of such audit, inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry. Upon receipt of a written request from s under this Franchise shall be made available for inspection and copying no later than thirty (30) days from receipt of such request. (c) Interest on Underpayments and Overpayments. (1) Amounts due to City for late payments shall include interest, compounded daily equal to the return on equity plus three percent (3%) granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. (2) If the City identifies, as a result of a franchise fee compliance review, amounts owed by the Company from prior periods or prior underpayments, then the Company shall pay simple interest on such amounts equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. Said interest shall be payable on such sums from the date the initial payment was due until it is paid and shall not be billed to customers. (3) Amounts due Company for past overpayments shall include simple interest equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City; provided, however, if there is a change in the approved return on equity during the time per period during which there was an overpayment, the approved return on equity in effect during such time period shall be used in calculating interest under this subparagraph (c). Interest payable on such sums shall be credited to customers. Section 17. EASEMENT. In consideration for the compensation set forth in Section 8 of this Franchise Ordinance, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right-of- Way that is being used by Company pursuant to this Franchise, City, to the maximum extent of its right to do so, shall first grant Company an easement for such use and the sale, conveyance, or surrender of possession of the Public Right-of-Way shall be subject to the right and continued use of Company. Section 18. ACCEPTANCE. The Company shall, within thirty (30) days following the final passage and approval of this Franchise, file with the City Secretary of the City of La Porte either 1) a written statement signed in its name and behalf in the following form or 2) this document duly executed below by the Vice President of Regional Operations: La Porte, Texas: CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Texas Gas Operations, its successors and assigns, hereby accepts the attached Franchise Ordinance and agrees to be bound by all of its terms CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS By: __________________________________________ Talmage R. Centers Jr., Division Vice President, Regional Operations Dated this _________ day of ___________2019. Section 19. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be unconstitutional, void, or invalid or for any reason unenforceable, the validity of the remaining portions of this Franchise shall not be affected thereby, it being the intent the City of La Porte, Texas in adopting this Franchise that no portion hereof or provision hereof shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and, to this end, all provisions of this ordinance are declared to be severable. Section 20. NOTICES. Every notice, order, petition, documents or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to: CenterPoint Energy Resources Corp. Vice President Regulatory Relations PO Box 4567 Houston, TX 77210-4567 With a copy to: General Counsel, Gas Division PO Box 2628 Houston, TX 77252-2628 Every such communication to the City or the City Council shall be sent to the: Mayor, City of La Porte, Texas 604 W. Fairmont Pkwy. La Porte, Texas 77571 With a Copy to: City Secretary 604 W. Fairmont Pkwy. La Porte, Texas 77571 Section 21. PUBLICATION, PASSAGE AND EFFECTIVE DATE. This Franchise, having been published in the official newspaper of the City of La Porte, Texas once each week for four consecutive weeks after its final passage, shall take effect sixty days after final passage . The Company shall pay the cost of those publications. Section 22 COMPLIANCE WITH TEXAS OPEN MEETINGS LAW. 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 23. REPEAL. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 24. COMPLIANCE WITH CHARTER AND ORDINANCES. This Franchise, the rights granted hereby and the operations and activities performed by Company pursuant hereto shall be subject to applicable provisions of the Charter of the City of La Porte, Texas. Except to the extent otherwise expressly provided herein, the Franchise and rights granted hereby and the operations and activities performed by Company pursuant hereto, shall be subject to all valid ordinances and regulations of the City insofar as such ordinances and regulations (a) do not shorten the term hereof or terminate, abrogate, or materially and adversely affect the Franchise and right granted to Company hereby, (b) do not conflict with or are not inconsistent with the terms and provisions contained in this ordinance, (c) do not modify, preempt, or cause Company to violate the terms of a tariff approved by the Railroad Commission of Texas, Railroad Commission Rules, or the Gas Utility Regulatory Act, or nd activities in the City Right of Way. Section 25. APPROVAL. Read in full on its first reading at a regular meeting of the City Council of La Porte, Texas, on the 24th day of May 2019, and read in full and passed and adopted on its second reading at a regular meeting of the City Council of La Porte, Texas, on the ______ day of _______________, 2019 and approved by the Mayor. APPROVED: _______________________________________ MAYOR OF THE CITY OF LA PORTE, TEXAS ATTEST: _________________________________________________ CITY SECRETARY OF LA PORTE, TEXAS APPROVED AS TO FORM: _________________________________________________ CITY ATTORNEY OF LA PORTE, TEXAS THE STATE OF TEXAS § § COUNTY OF HARRIS § I, the duly appointed, qualified and acting City Secretary of City of La Porte, Texas, do hereby certify that the above and foregoing ordinance was read on first and second readings at regular meetings of the City Council of said City of La Porte, Texas, held on the 24th day of May, 2019 and on the _____ day of ______________, 2019; that written notice of the date, place and subject of said meetings were posted on a bulletin board located at a place convenient to the public in the City Hall, as well as on the City of La Porte, Tefor at least 72 hours preceding the day of said meetings; that Mayor Louis Rigby and six (6) Council members: 1. Steve Gillette 5. Bill Bentley 2. Brandon Lunsford 6. Danny Earp 3. Jay Martin 4. Thomas Garza were present at the meeting for the first reading of the above and foregoing ordinance and acted as the Council throughout; that the Mayor ___________________, and _________Council members: 1. ___________________________ 5. ____________________________ 2. ___________________________ 6. ____________________________ 3. ___________________________ 7. ___________________________ 4. ___________________________ 8. __________________________ _ were present at the meeting for the second reading of the above and foregoing ordinance and acted as the Council throughout; that the same has been signed and approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly filed with the City Secretary and recorded by the City Secretary in full in the books for the purpose of recording the ordinances of the City of La Porte, Texas. EXECUTED under my hand and the official seal of the City of La Porte, Texas at said City, this ________day of _________, 2019. ________________________________ City Secretary City of La Porte, Texas \[SEAL\] REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: 015 Requested By: Lorenzo Wingate, City Engineer Department: Public Works Account Number: 015-7070-530-1100 Amount Budgeted: 015 $400,000 Report Resolution Ordinance Amount Requested: N/A Exhibits: Conceptual designs and preliminary cost estimates Budgeted Item: Yes No Events and Activities Chart SUMMARY & RECOMMENDATION The FY 2016-17 budget included an allocation from the La Porte Development Corporation of $400,000 for the design and construction of a covered open-air pavilion, restroom facility, storage facility, and parking at Five Points. The pavilion and facilities will serve the area during recurring events such as Movie in the Park, Main Street Trade Days, and other outdoor programming. The Director of Parks & Recreation has identified the following as potential programming for the Five Points area: Shop La Porte vendors at Five Points in conjunction with Main Street Trade Days during National Shop Small month (November) Back to School Bash movie, possible school supply handout (work with civic and non- profit organizations that already do this type of event), vendors, activities, etc. Table Reservations put picnic tables under the pavilion and do something similar to what is being done at Seabreeze Park, where residents can reserve tables (for a fee if applicable) for events Programming senior picnic, goat yoga, classes, etc. If City Council decided to invest in a splash pad at this location, there could be a decrease in the opportunities for further programming based on splash pad usage. Any added programming will require Parks & Recreation Department to budget additional funding for those added programs and staffing. The attached exhibit shows current events and activities, as well as proposed events and activities at Five Points Plaza. Staff presented a proposal for design phase services at the March 26, 2018, City Council meeting, which the City Council denied and then directed staff to utilize the design-build procurement method to complete the project. At the May 13, 2019, City Council meeting, staff presented a proposal to complete the project using the design-build procurement method, which City Council rejected and directed staff to bring a new proposal for design. After conferring with staff regarding the project scope, Huitt-Zollars submitted a proposal in the amount of $28,740 to provide preliminary design phase services, including the provision of a proposed site plan, building floor plan, exterior 3D views, and a detailed probable construction cost estimate. Huitt-Zollars was authorized to proceed with preliminary design efforts on June 19, 2019. The proposed FY 2019-20 CIP Projects presented to City Council on July 8, 2019, included a proposed allocation of $350,000 to supplement the $400,000 allocated to the Five Points Plaza Project within the approved FY 206-17 budget. In the July 8, 2019, discussion of the proposed FY 2019-20 CIP Projects, the City Council directed staff to present Huitt- plan(s) and associated opinion of probable costs to assist with determining funding allocations for the Five Points Plaza Project. ACTION REQUIRED BY COUNCIL Discuss options presented and provide staff direction on how to proceed with allocating additional funding for Five Points Plaza Improvements. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date PQUJPO!2! PQUJPO!3! PQUJPO!4! TJUF!QMBO! DPNQMFUF!QSPKFDU!CVEHFU SFTUSPPN!'!TUPSBHF TJUF!QMBO! QIBTFE!QSPKFDU!CVEHFU Other events in La Porte that could possibly cause conflicts each month Father Daughter Dance (2 nights)Black History Month (Civic Club)Pet PaloozaSan Jacinto FestivalSylvan Beach DayJuneteenthTriath lonFireworksMultiple Parks & Rec Month Events throughout the CityKids' RodeoHealth & Safety FairHurricane Preparedness WorkshopFamily Fright NightNational Night OutBreakfast with SantaMain Street Trade Days (Monthly) EVENTS AND ACTIVITIES Additional Proposed Events/Activities @ Five Points Spring Break Movie NightEaster Hop and Shop (in conjunction with Main Street Trade Days; depends on when Easter falls if this is held in March or April)Arbor Day Tree and Seedball Giveaway (move from RFC)Back to School BashFall Movie Night (September of October, not on a Friday night)Shop La Porte (in conjunction with Main Street Trade Days)Possible Classes/Programs:ArtFitnessSenior Picnic Current Events/Activities @ Five Points Mardi Gras on MainSummer Party on MainJuneteenth Donuts & Coffee (Civic Club)Rotary 4th of July ParadeParks & Rec Month-July Jackpot Golden Ticket (find the ticket for a prize) Fall Festival (Operated by a Church)Half MarathonChristmas on MainWe have a geocache at Five Points JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberAdditionalNotes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Source of Funds: Requested By: R. Cramer, Econ. Dev. Coordinator Department: Administration/CMO Account Number: Amount Budgeted: Report Resolution Ordinance Amount Requested: Exhibits: Resolution, Enterprise Zone Application Budgeted Item: Yes No SUMMARY In May 2010, the City Council passed an ordinance electing to participate in the Texas Enterprise Zone Program. MRC Global (US) Inc. has approached the City asking for the City to designate their new project off of Highway 146 South as an enterprise project with the State. The Office of the Governor Economic Development and Tourism through the Economic Development Bank will consider MRC Global (US) as an enterprise project pursuant to a nomination and an application made by the City of La Porte. The Texas Enterprise Zone Program is a program which the State remits a portion of their sales and use tax collections back to a business in exchange for capital investment and job creation. The City pays or relinquishes nothing for a business to be a part of this p $6 million must average weekly wage which meets or exceeds the average county weekly wage in the county in which the qualified business site is located. Cities of our size get six nominations per biennium. As of September 1, 2019, the new State biennium to use by August 31, 2021. The City finds that MRC Global (US) meets the criteria for designation as an enterprise project since the business will be engaged in the active conduct of a trade or business at a qualified business site inside an enterprise zone and at least twenty- new permanent jobs in the enterprise zone will be held by residents of any enterprise zone in this state, economically disadvantaged individuals, or veterans. There has been and will continue to be a high level of cooperation between public, private and neighborhood entities within the area. The designation of MRC Global (US) as an enterprise project will contribute significantly to the achievement of plans of the City for development and revitalization of the area. Additionally, MRC Global (US) meets the criteria for tax relief and shall pay sales tax when eligible and the City has adopted incentives MRC Global (US) could be eligible for and nominates MRC Global (US) for enterprise project status on the grounds it is located at a qualified business site inside an enterprise zone, will create a higher level of employment, economic activity and stability. RECOMMENDED MOTION Consider approval or other action regarding a resolution designating MRC Global (US) Inc. as an enterprise project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2019-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING MRC GLOBAL (US) INC. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (“OOGEDT”) THROUGH THE ECONOMIC DEVELOPMENT BANK (“BANK”) FOR DESIGNATION AS AN ENTERPRISE PROJECT (“PROJECT”) UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (“ACT”) th day of May, 2010, the City of La Porte, Texas (City) passed and approved WHEREAS, on the 10 Ordinance No. 2010-3248 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance 2010- 3248; and WHEREAS, the Office of the Governor Economic Development and Tourism (OOGEDT), through the Economic Development Bank (Bank), will consider MRC Global (US) Inc. as an enterprise project pursuant to a nomination and an application made by the City; and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals and veterans; and WHEREAS, pursuant to Chapter 2303, Subchapter F, of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), MRC Global (US) Inc. has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that MRC Global (US) Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F, of the Act on the following grounds: 1. MRC Global (US) Inc. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site inside an enterprise zone, and at least twenty-five percent (25.0%) of the business' new permanent jobs in the enterprise zone will be held by residents of any enterprise zone in this state, economically disadvantaged individuals, or veterans; and 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of MRC Global (US) Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. WHEREAS, the City finds that MRC Global (US) Inc. meets the criteria for tax relief and shall pay sales tax when eligible, and that the City has adopted incentives MRC Global (US) Inc. could be eligible for and nominates MRC Global (US) Inc. for enterprise project status on the grounds that it will be located at a qualified business site inside an enterprise zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate MRC Global (US) Inc. as an enterprise project pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that MRC Global (US) Inc. is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F, of the Act. BE IT FURTHER RESOLVED that the enterprise project designation shall take effect on the date of designation of the enterprise project by the OOGEDT through the Bank, and terminate five years from the date of designation. PASSED AND APPROVED this the ___ day of , 2019. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney T F A R D TTT FFF AAA RRR DDD TTTTT FFFFF AAAAA RRRRR DDDDD TTTTTTTTTTT FFFFFFFFFFF AAAAAAAAAAA RRRRRRRRRRR DDDDDDDDDDD T F A R D T F A R D T F A R D T F A R D TTTTTTTTTTTT FFFFFFFFFFFF AAAAAAAAAAAA RRRRRRRRRRRR DDDDDDDDDDDD TTTTTTTTTT FFFFFFFFFF AAAAAAAAAA RRRRRRRRRR DDDDDDDDDD TTTTT FFFFF AAAAA RRRRR DDDDD TTTTTTTTTTTTTTTTTTTT FFFFFFFFFFFFFFFFFFFF AAAAAAAAAAAAAAAAAAAA RRRRRRRRRRRRRRRRRRRR DDDDDDDDDDDDDDDDDDDD TTTTTTTTTTTTTT FFFFFFFFFFFFFF AAAAAAAAAAAAAA RRRRRRRRRRRRRR DDDDDDDDDDDDDD TTT FFF AAA RRR DDD TT FF AA RR DD TTTT FFFF AAAA RRRR DDDD TTT FFF AAA RRR DDD TTT FFF AAA RRR DDD TT FF AA RR DD T F A R D TTT FFF AAA RRR DDD TTTTT FFFFF AAAAA RRRRR DDDDD TTTTTTT FFFFFFF AAAAAAA RRRRRRR DDDDDDD TTTTTT FFFFFF AAAAAA RRRRRR DDDDDD TTTTTTTTTTTT FFFFFFFFFFFF AAAAAAAAAAAA RRRRRRRRRRRR DDDDDDDDDDDD TTTT FFFF AAAA RRRR DDDD T F A R D TTTTTTTT FFFFFFFF AAAAAAAA RRRRRRRR DDDDDDDD T F A R D T F A R D TTTTTTTTTTTTTT FFFFFFFFFFFFFF AAAAAAAAAAAAAA RRRRRRRRRRRRRR DDDDDDDDDDDDDD TT FF AA RR DD REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 26, 2019 Requested By: Matt Hartleib, HR Manager Source of Funds: Employee Health Services Department: Administration/Human Resources Account Number: Amount Budgeted: $8,158,000 Report Resolution Ordinance Recommendation will Amount Requested: result in lowering of cost Exhibits: RFP Analysis and Recommendation Budgeted Item: Yes No SUMMARY In April 2019, an RFP process was initiated for providers of medical claims administration, pharmacy claims administration, and the voluntary dental coverage program. The request yielded five (5) responses each for medical and pharmacy claims and six (6) for dental covered finalists. On Tuesday July 30, 2019, the Ch. 172 Employee, Retiree Insurance and Benefits Board met to receive and discuss the results of the RFP. After reviewing the responses, the Board voted to approve the following recommendations to Council: Medical claims administration renew with the incumbent provider Aetna for three (3) a comparable network to BCBS, no fee increase in Year 2, 3% increase in Year 3, and $3,000 wellness credits for each year of the agreement. The total per employee per month administrative fee will reduce from $37.49 to $30.07 for an annual reduction of $35,794 ($180,852 to $145,058). Pharmacy claims administration carve out this service from the current bundle with medical and select RxBenefits/Express Scripts. Based on an estimated 21.45% reduction in drug ingredient cost and projected increased rebates, the total combined savings are estimated at $849,339. The full impact of the rebates will not be realized in the fiscal year 2019-20 due to a lag in rebate processing. Also, this change carries zero impact to members. Dental renew with Cigna for the 2020 plan year. This is a voluntary benefit offering with no fiscal impact to the budget. RECOMMENDED MOTION I move to approve the recommendations of the Ch. 172 Employee, Retiree Insurance and Benefits Board with regard to medical, pharmacy, and dental plan administration. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Senior Vice President Employee Benefits Specialist Account Executive © 2018 HUB International Limited.© 2018 HUB International Limited. City of La Porte2020 RFP Analysis Meeting Brent Weegar, MBA Julian Fontana Mike Weaver Advocacy. Tailored Insurance Solutions. Peace of Mind 11 May 2019 2020 Benefit Recommendations RFP Overview Vendor Response List TPA Services, Provider Network Discount and PBM Pricing & Rebate Analysis Dental Plan Fully Insured Pricing AnalysisPY 2019 Monthly Plan Report 2019 © 2018 HUB International Limited.© 2018 HUB International Limited. Agenda 22 6 12345 Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. RFP Overview 33 1 - HUB International on needs; and is supported by management assess vendors to administer the following benefits effective La Porte to with the City of Council; Aligns and Demonstrated superior member service and claims processing;Ability to proactively meet the City Willingness, experience and capability to effectively administer the programs;Support during the implementation process; Options to manage costs. Medical Third Party Administrative Services & Provider Network Access (Partially SelfFunded Plan)Prescription Benefit Management (PBM) (Stand Alone) © 2018 HUB International Limited. 4 This presentation summarizes the initial results of an RFP conducted by behalf of the City of January 1, 2020:The RFP was conducted with the following objectives in mind: Overview Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited. Vendor Response List 55 2 NoNoNo YesYes FINALIST / DECLINED / DQ RespondedResponded Responded Responded Responded RESPONDED /UMR Cigna TML Health Cross Blue Shield TPA Services & Aetna (Incumbent) Provider Network Blue UnitedHealthcare © 2018 HUB International Limited. 6 RFP Vendor Response List (TPA / Provider Network) NoNo YesYesYes FINALIST / DECLINED / DQ RespondedResponded Responded Responded Responded RESPONDED Shield / CVS Cigna CVS / HAC PBM Provider RxBenefits Aetna (Incumbent) Blue Cross Blue © 2018 HUB International Limited. 7 RFP Vendor Response List (PBM Services) NoNoNoNo YesYes FINALIST / DECLINED / DQ DQ RespondedRespondedResponded Responded Responded RESPONDED Shield UHC (Incumbent) Aetna TML Health Delta Dental PBM Provider Cigna Blue Cross Blue © 2018 HUB International Limited. 8 RFP Vendor Response List (Dental Plan) Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. 99 3 Third Party Admin Fees, Network Discount,PBM Discount and Rebate Analysis © 2018 HUB International Limited. 10 3(a)Third Party Administrative Fee Analysis © 2018 HUB International Limited. 11 3(b)Provider Network Discount Analysis © 2018 HUB International Limited. 12 3(c) PBM Discount and Rebate Analysis © 2018 HUB International Limited. 13 3(c) PBM Discount and Rebate Analysis © 2018 HUB International Limited. 14 3(d)Consolidated Proposal Response Analysis © 2018 HUB International Limited. 15 3(d)Consolidated Proposal Response Analysis Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. Dental Plan Analysis 1616 4 Aeta Aeta DHMO $11.22$21.31$26.21$2,125 $25,495 Proposed 5% $211,514 $10,625.16 Aetna Aetna $27.77$55.34 $101.33$15,502 $186,019 Proposed Dental PPO Cigna Cigna $11.22$21.32$26.22$2,125 DHMO $25,503 Proposed 3% $206,194 $5,305.08 Cigna Cigna $30.62$52.47$96.07 $15,058 $180,691 Proposed Dental PPO Cigna Cigna DHMO $10.79$20.50$25.21$2,044 Current $24,522 N/AN/A $200,889 Cigna Cigna $26.33$52.47$96.07 Current $14,697 $176,366 Dental PPO H 482441 P 847589 © 2018 HUB International Limited. Employee OnlyEmployee + OneEmployee & Family DENTAL BENEFITS FINANCIALSMonthly PremiumAnnual PremiumTotal Annual Premium$ Change from Current% Change from Current 17 Dental Fully Insured Plan Options 2020 Benefit - HUB International Limited. Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 2019 Recommendations 1818 5 - - years in - reduction or 21.45% - based on estimated reduction of alone PBM in lieu of bundling under the - /Express Scripts (ESI) $849,339 - months of the 2020 plan year at approximately - RxBenefits $3,000 wellness challenge credit for each of the 3 out and use a stand - Cigna time administrative fee credit of $25,000. - includes a Insured 2020 Benefit Recommendations Aetna will phase in during the last 6 . Fully © 2018 HUB International Limited. 19 Medical Renewing the TPA and Provider Network services with Aetna is recommended for the of 67.97% and offered a lower base administrative fee. contract and a one Prescription Benefit Manager It is recommended to carveMedical ASO contract. The total reduction from current cost projected under the prescription drug program is a combined drug ingredient cost and prospective manufacturer rebates. Estimated Rebates of $425,445 50% of the projected value. Drug ingredient cost projected at $411,899 Dental HUB recommends renewing Dental with Cigna for the 2020 plan year. 2019 HUB International Limited. Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 PY 2019 Monthly Plan Reporting May 2019 2020 5 © 2018 HUB International Limited. 21 PY 2019 Monthly Plan Reporting May 2019 © 2018 HUB International Limited.© 2018 HUB International Limited. 2222 Thank you. Council Agenda Item August 26, 2019 7 (a)Receive report of the Fiscal Affairs Committee Councilmember Engelken *********************************************************************************** Council Agenda Item August 26, 2019 7 (b) Receive report of the La Porte Development Corporation Board Meeting Councilmember Nancy Ojeda ***********************************************************************************