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HomeMy WebLinkAbout05-10-21 canvass 5-1 election REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:May 10, 2021 Source of Funds: Requested By:Lee Woodward, City Secretary Department:City Secretary Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Ord. 2021-3827 Budgeted Item:YesNo SUMMARY& RECOMMENDATION The generalelectionand special election for Charter amendmentswas held May 1, 2021. The results of the election are unofficial until canvassed by the City Council in accordance with the Texas Election Code Ch. 67. Following a successful canvass, the Mayor will providethe newly electedcandidates with their certificates of election (to canvassing of an election, ACTION REQUIRED BY CITY COUNCIL Adoption ofOrdinance 2021-3827, canvassing the returns of the general election to elect a Mayor, a Councilperson District 2, and a Councilperson District 3,and the special election for charter amendments held on May 1, 2021. ORDINANCE 2021-3827 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ST ELECTION HELD WITHIN THE CITY OF LA PORTE ON THE 1 DAY OF MAY, 2021, FOR THE PURPOSE OF ELECTING A MAYOR, A COUNCILPERSON- DISTRICT 2, AND A COUNCILPERSON-DISTRICT 3; THE RETURNS OF THE SPECIAL ST MUNICIPAL ELECTION HELD WITHIN THE CITY OF LA PORTE ON THE 1 DAY OF MAY, 2021, FOR THE PURPOSE OF ADOPTING OR REJECTING PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The regular municipal election of the City of La Porte, Texas, for election of members of the City Council as prescribed by Section 2.03 of the City Charter, and the special election were held on the 1st day of May 2021, in the city, for the purpose of electing a Mayor, a Councilperson-District 2, and a Councilperson-District 3; and WHEREAS the City Council of the City of La Porte, Texas, after considering the recommendations of the 2021 Charter Review Commission of La Porte, has on its own motion determined to submit to the qualified voters for adoption or rejection certain proposed amendments to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code; and WHEREAS the election was held under and pursuant to the provisions of Ordinances 2021-3816 calling the general election and 2021-33814 calling the special election, respectively; and WHEREAS the elections having been duly and regularly held as called and provided in said ordinances and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: MAYOR-AT-LARGE RANDY ROWAN 255 LOUIS RIGBY 772 COUNCILPERSON-DISTRICT 2 SHERYL VALVERDE 9 CHUCK ENGELKEN, JR. 89 COUNCILPERSON-DISTRICT 3 BILL BENTLEY 76 PROPOSITION A FOR 818 AGAINST 126 PROPOSITION BPROPOSITION O FOR 847 FOR 804 AGAINST 110 AGAINST 109 PROPOSITION C PROPOSITION P FOR 816 FOR 791 AGAINST 121 AGAINST 119 PROPOSITION D PROPOSITION Q FOR785FOR797 AGAINST 172 AGAINST 110 PROPOSITION E PROPOSITION R FOR 864 FOR 785 AGAINST 86 AGAINST 123 PROPOSITION FPROPOSITION S FOR 791 FOR 832 AGAINST 154 AGAINST 79 PROPOSITION GPROPOSITION T FOR 832 FOR 805 AGAINST 89 AGAINST 94 PROPOSITION HPROPOSITION U FOR 810 FOR 828 AGAINST 1114 AGAINST 78 PROPOSITION I PROPOSITION V FOR 834 FOR 783 AGAINST 92 AGAINST 110 PROPOSITION J PROPOSITION W FOR 793 FOR 772 AGAINST 137 AGAINST 124 PROPOSITION KPROPOSITION X FOR 816 FOR 739 AGAINST 102 AGAINST 156 PROPOSITION L PROPOSITION Y FOR 784 FOR 718 AGAINST 128 AGAINST 178 PROPOSITION M PROPOSITION Z FOR 751 FOR 778 AGAINST 139 AGAINST 101 PROPOSITION N PROPOSITION AA FOR 800 FOR 709 AGAINST 115 AGAINST 173 PROPOSITION BBPROPOSITION II FOR 728 FOR 803 AGAINST 153 AGAINST 87 PROPOSITION CC PROPOSITION JJ FOR 769 FOR 747 AGAINST 112 AGAINST 136 PROPOSITION DD PROPOSITION KK FOR787FOR764 AGAINST 95 AGAINST 110 PROPOSITION EE PROPOSITION LL FOR 769 FOR 754 AGAINST 115 AGAINST 129 PROPOSITION FFPROPOSITION MM FOR 725 FOR 806 AGAINST 153 AGAINST 82 PROPOSITION GG PROPOSITION NN FOR 764 FOR 654 AGAINST 109 AGAINST 249 PROPOSITION HH FOR 786 AGAINST 96 WHEREAS the City Council of the City of La Porte finds that the election returns set out above to be accurate and correct. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1: Louis Rigby received a majority of the votes cast at the election for the office of Mayor, and, accordingly, Louis Rigby is declared elected to the office of Mayor, subject to the taking of his oath as provided by the laws of the State of Texas. SECTION 2: Chuck Engelken, Jr. received a majority of the votes cast at the election for the office of Councilperson-District 2, and, accordingly, Chuck Engelken, Jr. is declared elected to the office of Councilperson- District 2, subject to the taking of his oath as provided by the laws of the State of Texas. SECTION 3: Bill Bentley received a majority of the votes cast at the election for the office of Councilperson-District 3, and, accordingly, Bill Bentley is declared elected to the office of Councilperson- District 3, subject to the taking of his oath as provided by the laws of the State of Texas. SECTION 4: Each of the proposed Charter amendments A through NN received a majority of the votes cast at the election in favor of adoption, and, accordingly, each of the amendments is adopted and the City of La Porte, Texas, Home Rule Charter will be so amended. SECTION 5: The City Council finds that the notice of the election was duly and properly given as required by law and as provided in the ordinance calling the election, and that the election was duly and regularly held, and the returns thereof duly and regularly made by the proper officials oftheelection, and in all things according to the law. SECTION 6: Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. SECTION 8: 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 Act, 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 9: This ordinance shall be in effect immediately upon its passage and approval. th PASSED, APPROVED, AND ADOPTED this, the 10day of May, 2021. THE CITY OF LA PORTE, TEXAS _______________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _______________________________________ _______________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney In the name and by the authority of the City of La Porte THIS IS TO CERTIFY,thatata general election held onMay 1, 2021, Louis R. Rigby was duly electedMayor. In testimony whereof, I have hereunto signed myname and caused the seal of the City of La Porte, Texas, th to be affixed at the City of La Porte, this, the 10day of May2021. ________________________________________ Louis R. Rigby, Mayor Signature of the Presiding Officer of the Canvassing Authority In the name and by the authority of the City of La Porte THIS IS TO CERTIFY,thatata general election held onMay 1, 2021, Chuck Engelken, Jr. was duly elected Councilperson-District 2. In testimony whereof, I have hereunto signed myname and caused the seal of the City of La Porte, Texas, th to be affixed at the City of La Porte, this, the 10day of May2021. ________________________________________ Louis R. Rigby, Mayor Signature of the Presiding Officer of the Canvassing Authority In the name and by the authority of the City of La Porte THIS IS TO CERTIFY,thatata general election held onMay 1, 2021, Bill Bentley was duly elected Councilperson-District 3. In testimony whereof, I have hereunto signed myname and caused the seal of the City of La Porte, Texas, th to be affixed at the City of La Porte, this, the 10day of May2021. ________________________________________ Louis R. Rigby, Mayor Signature of the Presiding Officer of the Canvassing Authority REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:May 10, 2021 Source of Funds: Requested By:Mayor Louis R. Rigby Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Ordinance2021-3828 Budgeted Item:YesNo SUMMARY & RECOMMENDATION Section 2.08 of the City Charter provides that after canvassing the general election, the City Council shall select one of its members to serve as Mayor Pro Tem for a one-year term or until a successor is appointed and has qualified. If a vacancy occurs in the office of Mayor, or in the case of absence or disability, the Mayor Pro Tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume the duties of the office. It hasbeenthe City ordinance naming the member elected. ACTION REQUIRED BY COUNCIL I move tonominate_____________________________ to serve as the City and adoption of Ordinance 2021-3828in support of same. \[A nomination does not require a second.\] ORDINANCE NO. 2021-3828 AN ORDINANCE PROVIDING FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE, TEXAS, FROM MAY 10, 2021, UNTIL A SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED; 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: Section 1. The City Council of the City of La Porte hereby elects _________________ _____________________ to serve as Mayor Pro Tem of the City of La Porte, Texas, from May 10, 2021, until a successor has been appointed and has qualified. Section 2. The Mayor Pro Tem shall serve in such office during said term, and pursuant to the Charter of the City of La Porte shall during the vacancy, absence or disability of the Mayor have all powers and duties of the Mayor of the City of La Porte during such vacancy, absence or disability of the Mayor. The Mayor Pro Tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume his duties of office, as the case may be. Section 3. 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 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED AND APPROVED this, the 10 day of May 2021. CITY OF LA PORTE, TEXAS ____________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ ___________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney Office of the Mayor WHEREAS, Public Works professionals focus on infrastructure, facilities,and services that are of vital importance to sustainable and resilient communities and to the public health, highquality of life,and well-being of the people of La Porte, Texas; and, WHEREAS,this work could not be accomplished without the dedicated efforts of public works professionals, at all levels of government and the private sector, responsible for maintaining, rebuilding, improving, transportation, water supply, water treatment and solid waste systems, public buildings,and other structures and facilities essential for our citizens; and, WHEREAS,it is in the public interest for the citizens and civic leaders of La Porte to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS,the City of La Porte expresses its appreciation for our public works professionals and to recognize the substantial contributions they make to improve our infrastructure, protect publichealth, provide safety, and improve quality of life. st WHEREAS,the year 2021 marks the 61annual National Public Works Week sponsored by the American Public Works Association. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim the weekof May 16-23, 2021, as National Public Works Week th In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 10day of May, 2021. City of La Porte ______________________________ Louis R. Rigby, Mayor Office of the Mayor WHEREAS,emergency medical services providesa vital public service; and WHEREAS,the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS,access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS,the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS,the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training, and continuing education to enhance their lifesaving skills; and WHEREAS,it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Weektheme, This is EMS: Caring for Our Communities encourage the community to observe this week with appropriate programs, ceremonies,and activities; NOW, THEREFORE,I, Louis R. Rigby, Mayor, do hereby proclaim May 16-22, 2021, as Emergency Medical Services Week th In Witness Whereof:I have hereto set my hand and caused the Seal of the City to be affixed hereto, this,the 10day of May, 2021. City of La Porte Office of the Mayor th WHEREAS,The Congress and President of the United States have designated May 15 th Memorial Day, and the week in which May 15falls as National Police Week; and WHEREAS,the members of the law enforcement community of the City of La Porte play an essential role in safeguarding the rights and freedoms of La Porte; and WHEREAS,it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS,the men and women of the La Porte Police Department unceasingly provide a vital public service; I, Louis R. Rigby, Mayor, do hereby proclaimMay 9, 2021to May 15,2021, as NOW, THEREFORE, National Police Week th I further call upon all citizens of the City of La Porte to observe Saturday, May15 in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 10thday of May, 2021. City of La Porte ______________________________ Louis R. Rigby, Mayor LOUIS R. RIGBY CHUCK ENGELKEN Mayor Mayor Pro Tem, Councilperson District 2 BRANDON LUNSFORD BILL BENTLEY Councilmember At Large A Councilmember District 3 BRENT Mc CAULLEY THOMAS GARZA Councilmember At Large B Councilmember District 4 TREY KENDRICK JAY MARTIN Councilmember District 1 Councilmember District 5 ROBBIE MCLARRIN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL26, 2021 The City Council of the City of La Portemet in a regularmeetingonMonday, April26, 2021,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., with the following in attendance: Councilpersons present: Louis Rigby,Brandon Lunsford, Brent McCaulley,Chuck Engelken,Bill Bentley,Thomas Garza(left at6:01p.m.), Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: Trey Kendrick Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney(participating remotely) 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at6:00p.m. to wear a mask during Council meetings. The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to his office in City Hall. The Mayor asked the Sergeant-at-Arms to remove Councilperson Garza. ch he termed as illegal. The motion did not receive a second and was not considered.Councilperson Garza left the room. 2.INVOCATION The invocation was given by Minister Rachel Cotton, Pleasant Hill Baptist Church of Deliverance, and pledgeswereled byCouncilperson Robbie McLarrin. 3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a.Proclamation Municipal Clerks Week\[Mayor Louis R. Rigby\] b.Proclamation Records Management Month\[Mayor Louis R. Rigby\] c.Recognition of City employees for yearsof service\[Mayor Louis R. Rigby\] d.Recognition of the Employee of the First Quarter of calendar year 2021 Joel Martin, Treatment Plant Operator ll City of La Porte Public Works Department\[Mayor Louis R. Rigby\] 4. CITIZENCOMMENT(Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no speakers. 5.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) ApprovetheminutesoftheApril 12,2021,regular session and the April 13, 2021, special session of the La a. PorteCityCouncil.\[LouisR.Rigby, Mayor \] b.Adopt Ordinance 2021-3826, calling a special election to fill vacancy in the position of Councilperson- District 1. \[Louis R. Rigby, Mayor\] Page 1of 4 April 26,2021,Council Meeting Minutes c. Authorize the City Manager and the La Porte Police Department to submit an application for the Victim Coordinator and Liaison Grant (VCLG) for fiscal years 2021 and 2022 in order to continue partial funding for the Crime Victim Liaison position and adopt Resolution 2021-42 in support of same. \[Steve Deardorff, Chief of Police\] d.Approve a Professional Service Agreement with Whitley Penn to perform auditing service for the City of La Porte Area Water Authority for fiscal year ending September 30, 2021. \[Michael Dolby, Finance Director\] e. Approve an ordinance amending Ordinance No. 2021-3421, to revise 2021 ETJ exchange agreement between La Porte and Pasadena by implementing schedule for installation of drainage facilities on Pasadena property, for benefit of Brookglen Subdivision. \[Ray Mayo, Director of Public Works\] f. Rejection of the single bid from R&B Group for Bid #21015-Replacement of Belt Filter Press at Wastewater Treatment Plant \[Ray Mayo, Director of Public Works\] g.Award Bid 21013 for Type I Waste Disposal to Waste Management of Texas, Inc. and authorize the City Manager to execute a contract for an initial term of five (5) years, not to exceed annual budgeted allocation. \[Ray Mayo, Director of Public Works\] h.Award Bid #21012 for Type IV Waste Disposal to Waste Management of Texas Inc. and authorize the City Manager to execute a contract for an initial term of five (5) years, not to exceed annual budgeted allocation. \[Ray Mayo, Director of Public Works\] i.Approve a proposal from Alfa Laval, Inc. to recondition the Belt Filter Press at the Wastewater Treatment Plant as a sole source contractor, in the amount of $186,894.00 and a project contingency of $10,000.00. \[Ray Mayo, Director of Public Works\] j.Approve an amended and restated economic development incentive agreement between the La Porte Development Corporation, and Marion Campise and Vicki Campise, for the use of Type B Development Corporation Sales Tax Funds for refurbishment/renovation of the old bank building located at 100 W. Main Street in La Porte, Texas. \[Jason Weeks, Assistant City Manager\] k. Approve a sponsorship request for $10,000.00 to the San Jacinto Museum of History for La Porte Resident Day on Thursdays during the months of June 2021 and July 2021, whereby La Porte residents will receive free admission to the San Jacinto Museum of History upon proof of residency. \[Jason Weeks, Assistant City Manager\] l.Approve a revised agreement with the Association of Bayport Companies, Inc. for provision of EMS coverage to companies in the Bayport Industrial District for the period from October 1, 2020, through September 30, 2023. \[Jason Weeks, Assistant City Manager\] Mayor Pro Tem Engelken moved to approve consent agenda items a-k; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. Councilperson Martin moved to approve a revised agreement with the Association of Bayport Companies, Inc. for provision of EMS coverage to companies in the Bayport Industrial District for the period from October 1, 2020, through September 30, 2023; the motion was seconded by Councilperson McCaulley; the motion was adopted, 5- 2, Mayor Rigby and Councilperson Bentley voting against. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES a.Conduct a Public Hearing and receive public comments concerning the Second Amendment to the Project Plan and Reinvestment Zone Financing Plan and extending the duration of the Zone for Reinvestment Zone Number One, City of La Porte, Texas, and adopt Ordinance 2021-3825 approving the Second Amendment to the Project Plan and Reinvestment Zone Financing Plan and extending the duration of the Zone for Reinvestment Zone Number One, City of La Porte, Texas. \[Corby Alexander, City Manager\] Mayor Rigby opened the public hearing at 6:32 p.m. City Manager Corby Alexander provided a presentation, noting tend the duration of the TIRZ. Developer Paul Groman discussed his intentions for the property. Mayor Rigby closed the public hearing at 6:48 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3825 approving the Second Amendment to the Project Plan and Reinvestment Zone Financing Plan and extending the duration of the Zone for Reinvestment Zone Number One, City of La Porte, Texas; the motion was seconded by Councilperson McCaulley; the motion was adopted, 7- 0. 7.STATUTORY AGENDA Page 2 of 4 April 26, 2021, Council Meeting Minutes a.Presentation, discussion and possible action to approve Resolution 2021-40 making findings in connection with proposed City of La Porte Public Improvement District No. 2 related to the advisability of the improvements, the nature of the improvements, the estimated cost of the improvements, the boundaries of the proposed district, the method of assessment and the apportionment of cost between the PID No. 2 and the City as a whole, and making other findings related to PID No. 2. \[Corby Alexander, City Manager\] Councilperson Martin moved to approve Resolution 2021-40 making findings in connection with proposed City of La Porte Public Improvement District No. 2 related to the advisability of the improvement, the nature of the improvements, the estimated cost of the improvements, the boundaries of the proposed district, the method of the assessment and the apportionment of cost between the PID No. 2 and the City as a whole, and making other findings related to PID No. 2; the motion was seconded by Councilperson McCaulley; the motion was adopted, 6- 1, Councilperson Bentley voting against. b.Presentation, discussion, and possible action to approve Resolution 2021-41 authorizing the establishment of the City of La Porte Public Improvement District No. 2 in the City of La Porte, Texas, authorizing publication of the resolution, providing for the preparation of a service and assessment plan, and making other provisions related to the creation of PID No. 2. \[Corby Alexander, City Manager\] Councilperson Martin moved to approve Resolution 2021-41 authorizing the establishment of the City of La Porte Public Improvement District No. 2 in the City of La Porte, Texas, authorizing publication of the resolution, providing for the preparation of a service and assessment plan, and making other provisions related to the creation of PID No. 2; the motion was seconded by Councilperson McCaulley; the motion was adopted, 6-1, Councilperson Bentley voting against. c.Presentation, discussion, and possible action regarding legislative items. \[Louis R. Rigby, Mayor\] Without objection, the Council supported letters be sent from the Mayor on behalf of the Council in opposition to SB 1661, SB 10, HB 1869, HB 753, HB 4170, and HB 330. 8.REPORTS Receive report on the La Porte Development Corporation meeting. \[Councilperson Chuck Engelken a.\] Mayor Pro Tem Engelken announced the Corporation approved the amendment to the Campise agreement and a façade enhancement grant for Snider Transmission, and selected utility box mini-mural images. 9.ADMINISTRATIVE REPORTS City Council meeting, May 10 City Council meeting, May 24 City Manager Corby Alexander said there were no reports. 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons expressed interest in the PID; congratulated those who were recognized at the beginning of the meeting; thanked Ray Mayo for saving the City a significant amount of money on the contracts in the consent agenda this evening; and thanked everyone who worked on the Sylvan Beach Festival and shared how successful it was, and the Mayor discussed his testimony before the Texas Legislature last week. 11. EXECUTIVE SESSION (a) Texas Government Code Sec. 551.087 - personnel matters - for deliberation related to the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding Municipal Judge Denise Mitrano. The Council convened into executive session at 7:25 p.m. Page 3 of 4 April 26, 2021, Council Meeting Minutes 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened in open session 8:06 p.m. Mayor Pro Tem Engelken moved to award a five percent pay increase to Judge Mitrano; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. ADJOURN Without objection, the Council adjourned at 8:07 p.m. _______________________________ Lee Woodward, City Secretary Page 4 of 4 April 26, 2021, Council Meeting Minutes LOUIS RIGBY BILL BENTLEY Mayor CouncilpersonDistrict 3 BRANDON LUNSFORD THOMAS GARZA CouncilpersonAt Large A CouncilpersonDistrict 4 BRENT MCCAULLEY JAY MARTIN CouncilpersonAt Large B CouncilpersonDistrict 5 TREY KENDRICK NANCY OJEDA CouncilpersonDistrict 1 CouncilpersonDistrict 6 CHUCK ENGELKEN CouncilpersonDistrict 2 Mayor ProTem MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL6, 2021 The City Council of the City of La Portemet in a regularmeetingonApril 6, 2021,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 12:00p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brent McCaulley, Bill Bentley, Thomas Garza(left at 12:02p.m.),Nancy Ojeda Councilpersons attending remotely: None Councilpersons absent: Brandon Lunsford, Trey Kendrick, Chuck Engelken, Jay Martin Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER Mayor Rigbycalled the meeting to order at 12:01p.m.Mayor Rigby reminded Councilperson Garza The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to his office in City Hall. Councilperson Garza said he was exempted from wearing a face covering for medical reasons and would not be wearing one. The Mayorasked Councilperson Garzato leave the room. Councilperson Garza moved that the Council oppose, which hetermed asillegal. The motion did not receive a second and was not considered.Councilperson Garza leftthe room. 1.ELECTION MATTERS (a)Presentation, discussion, and possible action to adopt Ordinance 2021-3823, canvassing the returns of the Special Election heldon March 27, 2021, for the election of a Councilperson-District 6.\[Mayor Louis R. Rigby\] Councilperson Bill Bentleymoved toadopt Ordinance 2021-3823, canvassing the returns of theSpecial Election heldon March 27, 2021, for the election of a Councilperson-District 6; the motion was seconded by Councilperson McCaulley; the motion was adopted, 4-0. 2.COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersonswelcomed Mr. McLarrin. Mayor Rigby announced that Mr. McLarrin would be sworn in on April 12 and presented him with his certificate of election. ADJOURN Without objection, Mayor Rigby adjourned themeeting at 12:06 p.m. _______________________________ Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:May 10, 2021 032 -Grant Fund Source of Funds: Requested By:Steve Deardorff, Chief Department:Police 032-5253-521-1020 Account Number: $3,920 Amount Budgeted: ReportResolutionOrdinance Amount Requested:$5,991.15 Exhibits:Resolution 2021-STEP CIOT Grant Budgeted Item:YesNo Texas Traffic Safety Program GrantAgreement SUMMARY& RECOMMENDATION The La Porte Police Department has made its annual application for the TXDOT Click It or Ticket (CIOT) STEP grant concerning overtime reimbursement for the fiscal year 2021. TXDOT has preliminarily approved the award and forwarded the attached grant agreemThe grant will run for the period of May 21, 2021 to June 9, 2021. The grant will reimburse the City up to $5,991.15, with matching contributions from the City of $1,694.30. The available hours are posted and can only be filled by staff members during hours that they are not working a regular shift. Although the grant pays only overtime, as in past years, the Police Department will continue to meet the match through administrative costs and employee benefits. Staff recommends City Council adopt Resolution 2021-43authorizing the City Manager to submit and execute all documents pertaining to the STEP Click it or Ticket Grant, through the Texas Department of Transportation for the Fiscal Year 2021. ACTION REQUIRED BY CITY COUNCIL Approve or deny to adopt Resolution 2021-43authorizing the City Manager to accept the TXDOT CIOT grant award and other documents for the TXDOT Click It or Ticket STEP Grant. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2021-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS PERTAINING TO THE STEP CLICK IT OR TICKET GRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION, FOR THE FISCAL YEAR 2021 WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families WHEREASces are significantly impacted by injuries of traffic crashes; and WHEREAS, research shows that using safety belts and child safety seats is still the single most effective way to reduce injuries and save lives in traffic crashes; and WHEREAS, research shows that when a driver is unbuckled, 70 percent of the time children in that vehicle are also unbuckled; and WHEREAS, when the Click it or Ticket campaign began in 2002, Texas was currently ranked seventh in the nation for the highest seat belt usage according to the National Highway Traffic Safety Administration. The Click It or Ticket initiative in Texas is estimated to have saved more than 14,955 lives, and prevented more than 100,000 serious injuries. Today nearly 92 percent of Texans to 16 percent at night when more fatalities occur (National Highway Traffic Safety Administration 2021). WHEREAS, the National Highway Traffic Safety Administration estimates that in 2017 seat belts in Texas saved 14,955 lives and if each passenger or occupant involved in a crash would had worn their seat belts it could have prevented an additional 2,549 lives. In Texas, seat belt laws are primary. They cover drivers, passengers age 8 and older, and children younger than 8 years old have to ride in a child safety seat or booster seat unless they are 4 feet 9 inches tall. WHEREAS to get everyone in the community into the safety belt habit; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all , May 21 through June 6, 2021; joining public and private sector leaders across Texas supporting the campaign and do urge all residents and visitors of La Porte to buckle up themselves and buckle up their children to protect life and the quality of life in this community. Section 1. The City Council of the City of La Porte, Texas authorizes the City Manager to submit and execute all documents pertaining to the STEP Click it or Ticket Grant, through the Texas Department of Transportation, for the Fiscal Year 2021. Section 2. All ordinances or parts of resolutions of the City of La Porte, Texas, in conflict with any provision contained herein is hereby repealed to the extent of any conflict. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance; and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. 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 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 5. This resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this, the __________ day of __________________, 2021. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:May 10, 2021 Requested By:Teresa Evans, Director Source of Funds:N/A Department:Planning and Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance 2021-3822,Proposed SCUP, Budgeted Item:YesNo P&Z letter of recommendation, Aerial map, Zoning Map,Future Land Use Map,Citizen Comment Sheets,andApplicant information SUMMARY& RECOMMENDATION Alan Mueller of Gromax Development, applicant, on behalf of 92 Fairmont Lakes Inc. owner;seeksapproval of a Special Conditional Use Permit (SCUP)to allow for a residential and commercial development located at the northeast corner of SH 146 and Wharton Weems Blvd.and legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey; City of La Porte, Harris County, Texas.The property consists of a total area of 56.7 acres and is locatedwest of the city owned Bay Forest Golf Course and south of the Hawthorne at Bay Forest Apartments, currently under construction. The applicant proposesto develop the 56.7 acre site primarily for residential use, consisting of 250 homes,with a smaller commercial component at the hard corner of Wharton Weems Blvd. and SH 146. In total, five (5) acres are designated for commercial uses, 13 acres for residential townhome uses, and 26 acres for single familyhomes. The remaining12 acres will be reserved for drainage and open space. The residential developeris HistoryMaker Homes andthe proposed single family lots willbe consistent with thelotsapproved for Artesia Village, a HistoryMakerHomes subdivision. The townhome lots will be constructed with alleys and rear-entry garages for an enhanced streetscape. The commercial portion will be developed in accordance with the Neighborhood Commercial (NC) zoning standards as described in Chapter 106 of the city code of ordinances, with some exceptionsas listed in the proposed SCUP. At the March 18, 2021regular meeting,the Planning &Zoning Commissionvoted on a motion to approvethe proposed SCUP. The majority of the Commissioners complimented the overall amount and mix of single family and townhomes, butvoiced concerns about the commercial tract, especially in regardsto the applicants’ proposal to accommodate a gasoline sales/convenience store use. Staff recommended this use be prohibited in the SCUP, but the applicant expressedconcerns that the commercial Page 1 of 5 tract will not be marketable if a gasoline station use is not permitted. The Commission considered the applicant’s request to include a gasoline station and voted on a compromise, amending the SCUP to state that truck fueling of any kind would not be permitted and adding the requirement that any site plan submitted for a gasoline sales/convenience store use must be reviewed and approved by the Planning and Zoning Commission. The vote to approve the SCUP with the listed and amended conditions below was 8-1, and the item was approved. Commissioner O’Conner was the dissenting vote.The 18 conditions listed in the proposed SCUP and recommended by the Planning Commission forapproval by City Council follow below: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. Land uses permitted in the commercial area (all areas excluding residential land uses) shall be in accordance with the uses permitted in Chapter 106, Zoning, of the city’s Code of Ordinances Use Chart under NC (Neighborhood Commercial) at the effective date of this SCUP, excluding the following NAICs uses: a.81221- Funeral Homes and Funeral Services b. 812220 – Cemeteries and Crematories c. 812310 – Coin Operated Laundries and Drycleaners d. 44719 – All other Gasoline Stations (Truck Stop) e. 445310 – Liquor Store f.453991 – Tobacco Stores g. 721310 – Rooming and Boarding Houses, Dormitories, and Workers' Camps h. 531130 – Lessors of Mini-warehouses and Self-Storage (Including Boat and RV Storage) i. 522390 – Payday Loans/Pawn Shops 3. NAICS 44711 – Gasoline Stations and Convenience Stores shall be a permitted use with the following exceptions: a. No truck/18 wheeler fueling of any kind shall be permitted. b. Standalone diesel fuel islands are not permitted. c. Only one (1) gasoline/convenience store use shall be permitted within the development. d. The Planning and Zoning Commission shall review and approve or deny any site plan submittal for a gasoline/convenience store use. 4. The commercial area shall be developed in accordance with the requirements for the Neighborhood Commercial zoning district. 5.The residential land uses identified in the General Plan as “Townhouse” shall Page 2 of 5 be constructed in accordance with the requirements outlined in Section 106- 333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only –not multifamily apartments or condominiums. Setbacks shall be 10 feet in front, 20 feet in rear and 0/5 feet for side (internal/external) 6.The residential land uses identified in the General Plan as “Single Family” shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements with the exception of the side setback which is permitted to be five (5) feet on both sides, and the front setbacks on cul-de-sac lots which is permitted to be twenty (20) feet. Uses shall be limited to single family special lot line only. 7. In lieu of a fence along the eastern boundary of the project, the developer shall be required to plant shade trees, at a minimum 4” caliper and 25’ on center. In addition to the shade trees, shrubs shall be planted at no less than 5 gallon in size with a minimum spacing of 3’ on center. These plantings are required along the entire length of the eastern and northern boundaries. 8. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at 1 per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 9. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed; joint parking is allowed. 10. All public streets internal to the development site shall be constructed in accordance with the city’s Public Improvement Criteria Manual and shall be dedicated to the city. 11. Any proposed variances to public right-of-way improvements must be reviewed and approved by the Public Works Department prior to plat submittal. 12.Access to any public right-of-way is subject to the requirements of Section 106- 835, Figure 10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. Page 3 of 5 13.The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city’s Public Improvement Criteria Manual, or if discharging in a TXDOT or Harris County system, approval by such authority. 14.All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process. 15.A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 16.If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 17.A photometric plan will be required at the time of commercial site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-310, A, of the city’s Code of Ordinances. 18. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. The applicant’s proposal also includes a fewexceptionsto Chapter 106-Zoning of the city code of ordinances. Most of the requested exceptions to the zoning code are included in the 18 conditions listed in theSCUP, with the exception to the minimumlot width, area, and density requirements for the single family detached and the minimum lot area for some of thetownhomes. Section 106-333.–Table B, residential area requirements, lists the minimum lot area for townhouses to be 2000 square feet. The applicantproposesa portion of the townhomes have a typical lot size of 22 feet by 85 feet, or 1870 square feet. The applicant also proposes a single family detached product with a typical lot size of 40 feet by 125 feet, or 5,000 square feet, and 5.5 dwelling units per acre (versus the city requirements fora minimum 6,000 square feet, 50 feet wide lots, and 4.8 dwelling units per acre). The conditions necessary to accommodate the proposed lot sizes and areas were overlooked, and are not specified in the SCUP document recommended by the Planning and Zoning Commission. If the City Council supports the residential component of the development plan as presented, the Council may approve the SCUP with the additional, aforementioned conditions. Page 4 of 5 Additionally, the La Porte Redevelopment Authority/La Porte Reinvestment Zone Number 1 is scheduled to meet and considerapproval of adevelopment agreement for this site. Per Section 2.3 (E) of the proposed development agreement, “The Developer will prepare and record covenant/deed restrictions for the Project Site requiring that (1) the square footage for each single-family home constructed thereon shall be no less than 1,432 square feet (as determined by HCAD); (2) upon build-out of the Project Site, at least 64% of the detached single-family homes will have at least 2,000 square feet (as determined by HCAD) and at least 64% of the attached single-family townhomes will have at least 1,600 square feet (as determined by HCAD); (3) each single-family home shall have a masonry exterior on 100% of the first-floor front elevation and on not less than 50% of each first-floor side elevation; and (4) all commercial buildings shall meet or exceed the design standards for Neighborhood Commercial (NC), Tier 1, as outlined in Chapter 106-928-Architectural Design Guidelines.” Atotal of 28 property owners, located within 200 feet of the site, received public hearing notifications via mail for the public hearing on March 18, 2021 at the Planning and Zoning Commission meeting. Staff received three (3) returned comment sheets all in opposition to the proposed SCUP. The Planning and Zoning Commission recommends that, should the City Council approve a SCUP for this development, the final document include the aforementioned conditions. Staff recommends the City Council consider the proposed SCUP #20- 91000003 with the conditions recommended by the Planning and Zoning Commission, and consider the additional conditions requested by the applicant and not listed in the SCUP, being 1) single family detached with minimum lot width of 40 feet; 2) single family detached with minimum lot area of 5,000 square feet; 3) single family detached with 5.5 dwelling units per acre; and 4) townhome minimum lot area of 1870 square feet. ACTION REQUIRED BY CITY COUNCIL Approve or deny, with or without conditions, Ordinance 2021-3822 for SCUP #20- 91000003 allowing for a mixed residential and commercial development on a 56.7 acre tract of land located at the northeast corner of Wharton Weems Blvd. and SH 146 and legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey; City of La Porte, Harris County, Texas. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Page 5 of 5 ORDINANCENO. 2021-3822 AN ORDINANCEAMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 20-91000003,TO ALLOW FOR A RESIDENTIAL AND COMMECIAL DEVELOPMENT TO LOCATE IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON 56.7 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF WHARTON WEEMS BOULEVARD AND STATE HIGHWAY 146 AND LEGALLY DESCRIBED AS LOTS 1-33, BLOCK 1267, LA PORTE SUBDIVISION, TRACT 1M, ABSTRACT 35, J HUNTER SURVEY, AND TRACTS 5 & 5L, ABSTRACT 30, W.P. HARRIS SURVEY; CITY OF LA PORTE; CITY OF 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 THECITYOF LA PORTE, TEXAS: Section 1. Chapter 106 “Zoning” of the Codeof Ordinancesis hereby amendedby grantingSpecial Conditional Use Permit#20-91000003 attached heretoasExhibit A and incorporated by reference for all purposes, to allow for a residential and commercial development to locate on a 56.7 acre tract of land located at the northeast corner of Wharton Weems Blvd. and SH 146, and legally described Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey; City of La Porte, Harris County, Texas, and situated within the Planned Unit Development (PUD) zoning district. Section 2.Allordinances or parts of ordinancesinconsistent withthe 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 bythis ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any personorcircumstance 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 portionor 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.TheCityCouncilofficially 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 theCityHall of the city for thetime required by law preceding this meeting, as required by Chapter 551, TX. Gov’tCode; and that this meeting hasbeen open to the publicasrequiredby law at all timesduring which this ordinance andthe subject matterthereofhas been discussed, considered and formally acted upon. TheCityCouncilfurther ratifies, approves and confirms such writtennoticeand the contents andposting thereof. Section 5. The City Council of the City of La Porte hereby finds that public noticewasproperly mailed to all owners of all properties located within two hundred feet (200’)of the properties underconsideration. Section 6.TheCityCouncil of the City of La Porte hereby finds, determines, and declares that all prerequisites oflawhave beensatisfied and hereby determinesand declares that the amendments to the City of La PorteZoning Classification containedin this Ordinance as amendments thereto are desirable and infurtheranceof the goals and objectives stated in the City of LaPorte’s Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this, the 10 dayof May, 2021. CITY OFLAPORTE, TEXAS ______________________________ Louis R.Rigby, Mayor ATTEST: APPROVED AS TO FORM: ______________________________________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney CityofLa Porte SpecialConditionalUse Permit #20-91000003 Applicant:Allan Mueller, Gromax Development OwnerorAgent 4201 Broadway St. Pearland, TX 77581 Address DevelopmentName/Type:La Porte Mixed Use Location: Northeast corner of SH 146 and Wharton Weems Blvd. Legal Description:Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey. Zoning:PUD, Planned Unit Development_________________________________ Use:Commercial/Residential PermitConditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be development shall be in accordance with the following conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Land uses permitted in the commercial area (all areas excluding residential land uses) shall Ordinances Use Chart underNC(NeighborhoodCommercial) at the effective date of this SCUP, excluding the following NAICs uses: a.81221-Funeral Homes and Funeral Services b.812220 Cemeteries and Crematories c.812310 Coin Operated Laundries and Drycleaners d.44719 All other Gasoline Stations (Truck Stop) e.445310 Liquor Store f.453991 Tobacco Stores g.721310 Rooming and Boarding Houses, Dormitories, and Workers' Camps h.531130 Lessors of Miniwarehouses and Self-Storage (Including Boat and RV Storage) i.522390 Payday Loans/Pawn Shops 3.NAICS 44711 Gasoline Stations and Convenience Storesshall beapermitted use with the following exceptions: a.No truck/18 wheeler fueling of any kind shall be permitted. b.Standalone diesel fuel islands are not permitted. c.Only one (1) gasoline/convenience store use shall be permitted within the development. d.The Planning and Zoning Commission shall review and approve or deny any site plan submittal for a gasoline/convenience store use. 4. The commercial area shall be developed in accordance with the requirements for the Neighborhood Commercial zoning district. 5. constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only not multifamily apartments or condominiums. Setbacks shall be 10 feet in front, 20 feet in rear and 0/5 feet for side (internal/external) 6. Single Family constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements with the exception of the side setback which is permitted to be five (50 feet on both sides, and the front setbacks on cul- de-sac lots which is permitted to be twenty (20) feet. Uses shall be limited to single family special lot line only. 7. In lieu of a fence along the eastern boundary of the project, the developer shall be required to plant shade trees, at a minimum and 25 These plantings are required along the entire length of the eastern and northern boundaries. 8. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at 1 per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 9. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed; joint parking is allowed. 10. All public streets internal to the development site shall be constructed in accordance with the 11. Any proposed variances to public right-of-way improvements must be reviewed and approved by the Public Works Department prior to plat submittal. 12. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 13. The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water TXDOT or Harris County system, approval by such authority. 14. All necessary documentation for building permit review must be submitted in conjunction with the 15. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 16. If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 17. A photometric plan will be required at the time of commercial site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-Ordinances. 18. Any substantive modifications to this Special Conditional Use Permit will require an Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director March 19, 2021 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #20-91000003 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on March 18, 2021 to hear a Special Conditional Use Permit request by Alan Mueller of Gromax Development, applicant; on behalf of 92 Fairmont Lakes, Inc., owner; for a Special Conditional Use Permit to allow for a residential and commercial development located at the northeast corner of Wharton Weems Blvd. And SH 146, and legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey. The subject site is zoned Planned Unit Development (PUD). The proposed use requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the PUD zoning district. The Commission voted 8-1 to recommend approval of the proposed SCUP with the 18 proposed conditions. Commissioner OConner was the dissenting vote. 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 AREA MAP SCUP #-9100000 Wharton Weems @ SH 146. Legend Subject Site S EM WE N TO R HA W This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not AY W IR FA represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 357 feet PLANNING DEPARTMENT ZONING MAP SCUP #9100000 Wharton Weems @ SH 146. Legend Subject Site PUD S EM WE N TO R HA W This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not AY W IR FA represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 357 feet PLANNING DEPARTMENT FLUP MAP MHDR SCUP #-9100000 Wharton Weems @ SH 146. BI Legend Subject Site LDR S EM WE N TO R HA W This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not AY W IR FA represent an on-the-ground survey and represents only the COM approximate relative location of property boundaries 1 inch = 357 feet PO PLANNING DEPARTMENT DET.DET.NN ±0.4 Ac.±0.4 Ac. SF-1SF-1 DET.DET. ±3.6 Ac.±3.6 Ac. 106 LOTS106 LOTS (TYP.22/28’x85’)(TYP.22/28’x85’) ±13.0 Ac.±13.0 Ac. SF-2SF-2 144 LOTS144 LOTS (TYP.40’x125’)(TYP.40’x125’) ±26.1 Ac.±26.1 Ac. DET.DET. O.S.O.S. ±7.5 Ac.±7.5 Ac. COM.COM. ±0.6 Ac.±0.6 Ac. ±5.0 Ac.±5.0 Ac. S.W.B.T. Co.S.W.B.T. Co. EasementEasement b!dpodfquvbm!efwfmpqnfou!qmbo!gps ²67/8!BDSFT!PG!MBOE qsfqbsfe!gps IJTUPSZNBLFS!IPNFT 35386!Lbuz!Gsffxbz-!Tuf/!311 Lbuz-!Ufybt!885:5 THIS DRAWING IS A GRAPHIC REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A SCANNED IMAGE ONLY AND IS SUBJECT TO CHANGE WITHOUT NOTICE. Ufm;!392.921.2533 META PLANNING + DESIGN MAY OR MAY NOT INTEGRATE ADDITIONAL INFORMATION PROVIDED BY OTHER CONSULTANTS, INCLUDING BUT NOT LIMITED TO THE TOPICS OF ENGINEERING AND DRAINAGE, FLOODPLAINS, AND/OR ENVIRONMENTAL ISSUES AS THEY RELATE TO THIS DRAWING. NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PHYSICAL DESIGN, TDBMF LOCATION, AND CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. ADDITIONALLY, NO WARRANTY IS NUB.J.733 MADE TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. GFCSVBSZ!3-!3132 161211311 © 2021 META PLANNING + DESIGN, ALL RIGHTS RESERVED