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HomeMy WebLinkAbout2004-04-26 Regular Meeting, Public Hearing, and Workshop Meetingi • A MINUTES OF REGiJ~t MEETING, WORKSHOP MEETII~ND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL Apri126, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Pro Tem Peter Griffiths at 6:00 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Charlie Young, Bruce Meismer, Barry Beasley, Mike Mosteit and Mayor Pro Tem Peter Griffiths Members of Council Absent: Mayor Norman L. Malone Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Interim Planning Director Nick Finan, Assistant City Secretary Sharon Harris, City Secretary Martha Gillett, Public Works Director Steve Gillett, Assistant Fire Chief John Dunham, Fire Chief Mike Boaze, Police Chief Richard Reff, Fire Marshal Lorie Christiansen, Secretary Gina Ford (Special Events Chairperson), Drafter Rene Ibarra (Special Events Member), Receptionist/Deputy Clerk Rose Hall (Special Events Member), Dispatcher II Wanda Richards (Special Events Member), and Human Resources Specialist Nicole Hatter (Special Events Member) Others Present: Dick McDuff, Thomas O'Neil, Sr., Gene McKinny, Jim Miller, Sue Gale Mock Kooken, Bill Scott, Roy Myers, Veronica Contreras, Kelli McCabe, Meagan Brzaskis, Abbi Stephenson, Abbie Berry, Lauren Lebedzinski, Tori Cruz, Brittany Hoff, Colleen Lozano, Emily Hurkmans, Ashley Newbury, Claire Kildoyle, Ann Morgan, Christan Buentillo, Andrea Whittingtton, Kari Rice, Candice Stoker, Amanda Mainor, Cara Saenz, Auricia Martin, Yayoi Shimerder, Angel Goiner, Bob Guillet, Sr., Betty Guillett, Myra Guarino, Pat Muston, Fred Muston, Pat Mock, Jack Oliphant, Cindy Boaze, "Channel 2's" Brian Sasser, "Channel 2's" Stephen Dean, Tim Bird, Tommy Moser, Dale Paschall, Sib Carpenter, Dave Turnquist, Mandie Gordon, Casey Parker, Valerie Longoria, Laura Rodriguez, Abby Christine Stanley, Karina Ibarra, Amber Griffith, Jane Prestegorno, Dale Golter, Anthony Reynolds, Lionel Garcia, Tristan Charles, Kellen Humphrey, Lauren Owen, Mai Le, Julia Milam, Thu Suong Nguyen, Fran Strong, Jana Joerns, Patricia Mock, Sheri Hoff, Nelda Rodriguez, Ole Rodriguez, Katie Breaux, Erika Montemayor, Amanda Disisto, Joe Navarro, Corando Saenz, Nick Barrera, Pat Mock, Dale Paser, Fran Strong, Cindy Boaze and a number of other citizens and students 2. Reverend Danny Wayman of First United Methodist Church delivered the invocation. 3. Mayor Pro Tem Griffiths led the Pledge of Allegiance. 4. PRESENTATIONS/PROCLAMATIONS A. Mayor Pro Tem Griffiths presented the Public Service Recognition Week Proclamation to the City of La Porte's Special Events Committee City employees, Public Works' Gina Ford, the Police Department's Wanda Richards, Finance's Rose Hall, Human Resources' Nicole Hatter, Planning's Rene Ibarra in honor of all City employees. B. Mayor Pro Tem Griffiths presented the Chatos with a "La Porte High School Chatos Day" Proclamation. 5. CONSENT AGENDA A. Council to consider approval of the City Council Regular Meeting and Workshop Meeting Minutes held on April 12, 2004. B. Council to consider awarding a bid for additional funds of $38,243.00 from the Motor Pool Fund in addition to $111,737.00 available. C. Council to consider approval of a contract with Civil Tech Engineering Inc. for an amount not to exceed $37,749.00 to facilitate design. City Council Regular Meeting, Wo~op Meeting and Public Hearing - Apri12~04 -Page 2 D. Council to consider approving an ordinance appointing Mr. Dennis Steger to Position 2 of the La Porte Area Water Authority. Motion was made by Councilmember Beasley to approve the Consent A eng da as presented. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Beasley, Griffiths, Mosteit, Young, Ebow and Meismer Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571- Mr. Scott spoke on the City's Board of Adjustments findings of facts and conclusions of law that resulted from their hearing regarding the City's permitted feedlot, located 50' upwind of Mr. Scott's front door. That feedlot has held 40 plus cattle on 2 acres, and the City has repeatedly insinuated that the Board of Adjustments decision allows the feedlot unlimited numbers of cattle. Twenty-four numbered statements in the "so called" findings of fact and conclusions of law contain twenty-one false statements. Mr. Scott has previously proven with hard facts that statement number 6 and 11 are false statements, also statement number 12 is false. Mr. Scott reminded Council he had requested, at the April 12, 2004 Council Meeting, the names of the people that concocted this filthy pile of lies and or false statements that the Board of Adjustments has the arrogance to call "findings of fact". I want the names of the people who said there were only three to six cattle; I want the names of the people who reviewed this pile of garbage; and I want the names of the people that approved it. Your City Manager responded in writing by claiming that, and I quote, "I requested the names of the members who served on the Board of Adjustments". I made no such statement. As you can see from my quote, your City Manager's statement is completely false. You still have not answered my request. The City Manager also stated that all other issues you requested on April 12, 2004 have previously been addressed. Mr. Scott's 26/46 question to you is how, when and who addressed "all the other issues I presented April 12th" because I have not seen any results or actions. Sue Gale Mock Kooken of 410 South 1 S` Street, La Porte, Texas 77571- Ms. Kooken informed Council that the work was completed near her home by using a City Gradall, and now she has no grass. She informed Council she did not want curbs, gutters or sidewalks at her home. Sib Carpenter of 5234 Glen Park Drive, La Porte, Texas 77571- Ms. Carpenter is speaking on behalf of the other homeowners who are unable to attend the meeting. For information purposes only, Ms. Carpenter has given Councilmember Mosteit a preliminary breakdown cost that was omitted from the original report that was distributed to you previously. Ms. Carpenter thanked Messrs Mosteit, Griffiths and Beasley for meeting with the homeowners and viewing the drainage and erosion problem. Ms. Carpenter wanted to ensure that this is not just a fence issue; the phrase that comes to mind is cause and effect, with the failing fence being one of the effects. It is of great concern, at this time, with packs of stray dogs entering the backyards, and parents fear for the safety of their children. The Police were called, the Humane Officer was able to capture one of three large dogs. While discussing this matter, we ask that Council keep these facts in mind: 1.This project has been engineered with an engineering report being titled "Glen Meadows Drainage Investigation". The project spans the entire north property line of Glen Meadows behind section 6 and 7, a portion of the project has been done, with said portion being that behind section 7. 2. We have written word that the City will exercise its authority to resolve the two concerns which are drainage and stability of fence. City Council Regular Meeting, Wo~op Meeting and Public Hearing - Apri12~04 -Page 3 3. We have written word that the City was initiating the project, we ask and that you ask yourself and each other what makes this project complex; and let the answer enlighten and guide us in City planning and development. In closing, Ms. Carpenter wanted to quote President Bush, "America's word, once given, can be relied on; we are carrying out a decision that has already been made." This is from Ms. Carpenter: "I'm confident in the word of the City Council; I've come to know, by attending many meetings, they can be relied on and will see this project through in its entirety." Dale Golter of 5242 Glen Park Drive, La Porte, Texas 77571- Mr. Golter read a letter from the Homeowner's Association, noting the residents have spoken with various Councilmembers regarding the serious drainage problem on the north boundary of our subdivision, also appearing before Council, but apparently have failed to convey the seriousness of the problem. There are recurring problems that are not caused by ownership, but rather, the City allowed lots which were going to be sold and the subdivision be filled. Two written communications from the City, indicating that the problem was acknowledged and would be corrected, and the other was the City is not liable for what the City believes to be a homeowner fence problem. No reference was made to 2 to 3 feet of soil filled dirt allowed under the fence which caused the fence to be unstable, plus the standing water, causing weed and mosquito problems. The homeowners request a joint effort to rid the neighborhood of this situation. 7. Open Public Hearing -Mayor Pro Tem Griffiths opened the Public Hearing at 6:28 p.m. Council to consider passing ordinances condemning each of the nine (9) structures and tabling any structure that may need additional consideration or review. Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Pubic Input: Mr. Guillett, Sr. of 215 Garfield, La Porte, Texas 77571- spoke in favor of demolition of the project. Jack Oliphant of 101 Garfield, La Porte, Texas 77571 -spoke in favor of demolition of the project. Pat Muston of 117 Garfield, La Porte, Texas 77571 -spoke in favor of demolition of the project. Mark Jones of 630 Oakdale, Shoreacres, Texas 77571- Mr. Jones is Shoreacres' Youth Representative and requested the playground equipment on the property, specifically the swingsets, monkey bars, and the climbing tower. If this request is granted, they will be able to haul them away. If there's a price on those, he is authorized tonight to pay only $10.00, but he could also contact the Chairperson this evening. Joe Navarro of 6126 Roberta Place, California -stated that due to what was mentioned, Mr. Navarro wishes to abstain from giving a presentation. Chrissy Stanley of 230 Forest, La Porte, Texas 77571 -spoke in favor of demolition of the project. Jane Prestigomo of 209 Garfield, La Porte, Texas 77571 -spoke in favor of demolition of the project. Planning and Commission recommends passing ordinances condemning each of the nine (9) structures and tabling structures that may need additional consideration or review. Public Hearing was closed at 7:05 p.m. City Council Regular Meeting, Wo~op Meeting and Public Hearing -April 2L~04 -Page 4 8. Council to consider approval or other action regarding passing ordinances condemning each of the nine (9) structures and tabling any structure that may need additional consideration/review. Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2719 through 2004-2727 - AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON LOT(S) 1-6 & 11-16 ADJ. 16' ALLEY, BLOCK 18; ADDITION SYLVAN BEACH, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JOE NEVARRO FOR 200 GARFIELD, LLP IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THE ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. citizens in Public Hearing. Second by Councilmember Meismer. The motion carried. Ayes: Engelken, Beasley, Griffiths, Mosteit, Young, Ebow and Meismer Nays: None Abstain: None 9. Open Public Hearing -Mayor Pro Tem Griffiths opened the Public Hearing at 7:09 p.m. Council to consider taking action on recommendation for denial by P&Z for 28.43 acres of land located at the southeast corner of McCabe Road and SH 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi- family development in PUD zone. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. In addition, he informed City Council that Mr. Rush and Mr. Burchfield are requesting this item not be voted on this evening to provide them the opportunity to return to the Planning and Zoning Commission. Public Input: Robert Burchfield of Houston, Texas, requested Council not to vote this evening, allowing them to return to the Planning and Zoning Commission to work out additional details. Tom Northrup of Houston, Texas, ran out of time to meet regulations and is requested to return to Planning and Zoning Commission for approval to move forward with the projects, once all the regulations have been met. The Planning and Zoning Commission recommends Council to consider taking action on recommendation for denial by Planning and Zoning for 28.43 acres of land located at the southeast corner of McCabe Road and SH 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi-family development in PUD zone. Public Hearing was closed at 7:24 p.m. City Council Regular Meeting, W~op Meeting and Public Hearing -April ~04 -Page 5 10. Council to consider taking action on recommendation for denial by P&Z for 28.43 acres of land located at the southeast corner of McCabe Road and SH 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi- family development in PUD zone. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. ~~ ~ . Motion was made b~Councilmember Ebow to return this item back to the Planning and Zoning Commission for further review. Second by Councilmember Mosteit. The motion failed. Ayes: Mosteit, Engelken and Ebow Nays: Meismer, Young, Beasley and Griffiths Abstain: None Assistant City Attorney Clazk Askins read: ORDINANCE 1501-KKK AND SCU04-003- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTS, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND . DESCRIBED AS FOLLOWS, TO-WIT:' 28.43 ACRES IN THE 1200 BLOCK OF MCCABE ROAD, BEING TRS 8, 8A, SF-1, 49A, & 9B, ABSTRACT 30,. W.P. HARRIS SURVEY, LA PORTS, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING AMULTI-FAMILY DEVELOPMENT IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . . Motion was made by Councilmember Meismer to approve the recommendation of the Plannin¢ and Zoning Commission to deny the request. Second by Councilmember AQeste~t. The motion tamed ~,~~_ ~~ ypril.Vt. q,Wi~tnd~G{ Qs'~ S Ayes: Meismer, Young, Beasley and Griffiths Y'Du ~i(. ~`~~'~ ~ ~~ Nays: Mosteit; Engelken and Ebow Abstain: None 11. Open Public Hearing -Mayor Pro Tem Griffiths opened the Public Hearing at 7:30 p.m. Council to consider taking action on recommendation for denial by P&Z for 18.34 acres of land located in the. 3300 block of Canada Road. The applicant, Transport Realty Inc., seeks to rezone the property from R-2 to R- 3for multi-family development. ~ ~ ~ . Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. ~ Mr. Finan also noted this applicant requested to withdraw this item from the agenda and requested to go back to the Planning and Zoning Commission for further review. ~ - Pubic Input: There was no Public Input. Planning and Zoning Commission recommends Council to consider taking action on recommendation for denial by P&Z for.18.34 acres of land located in the 3300 block of Canada Road. The applicant, Transport Realty Inc., seeks to rezone the property from R-2 to R-3 for multi-family development. Public Hearing was closed at 7:40 p.m. 12. Council to consider taking action on recommendation for denial by P&Z for 18.34 acres of land located in the 3300 block'of Canada Road. The applicant, Transport Realty Inc., seeks to rezone the property from R-2 to R- 3 for multi-family development. City Council Regular Meeting, Wo~-op Meeting and Public Hearing - Apri12.04 -Page 6 Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Assistant City Attorney C1ark~Askins read: ORDINANCE 1501-LLL• & R04-002- AN ORDINANCE OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL REQUESTED BY TRANSPORT REALTY, INC. THE OWNER OF THIS EIGHTEEN ACRE TRACT LOCATED IN THE 3000 BLOCK OF CANADA ROAD HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Councilmember Engelken to approve the recommendation of the Planning and Zoning Commission and deny approval of the request and not pass the Ordinance. Second by Councilmember Meismer. The motion carried and Ordinance 1501-LLL and R04-002 was not passed. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 13. Council to consider approving an ordinance authorizing the City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $59,659.21 which included a 5% contingency. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2728 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR CONSTRUCTION OF THE 2004 CITY-WIDE SIDEWALK IMPROVEMENT PROJECT; APPROPRIATING $59,659.21 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve Ordinance 2004-2728 as presented by Mr. Finan. Second by Councilmember Meismer. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 14. Council to consider authorizing staff and the city attorney to proceed with drafting an agreement for the lease of a portion of unimproved Lomax School Road ROW North of "P" Street. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Beasley to approve the agreement for staff to move forward in assisting the residents with an agreement and have the City Attorney review prior to Council approval. Second by Councilmember Ebow. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None City Council Regular Meeting, Wa~op Meeting and Public Hearing - Apri12.04 -Page 7 15. The Regular Meeting closed and the Workshop Meeting opened at 8:15 p.m. Council to discuss considering revisions to the Solicitor's Ordinance. It was the consensus of Council directing staff to move forward with making revisions to the Solicitor's Ordinance including provisions on the age of person soliciting and insurance considerations and bring back for Council action at a future date. 16. The Workshop closed and the Regular Meeting reconvened at 8:20 p.m. 17. Council to receive report from Chairperson Chuck Engelken regarding the Audit Committee. 18. ADMINISTRATIVE REPORTS City Manager Feazelle reminded Council and Staff of Public Service Recognition Week on May 3-9, 2004; Employee Appreciation Picnic on Saturday, May 22, 2004, at the Wave Pool; Early Voting will be held at City Hall in the Council Chambers from 8 a.m. until 5 p.m. beginning Wednesday, Apri128, 2004, and ending Tuesday, May 11, 2004, with an additional day scheduled for Saturday, May 1, 2004; Election Day is Saturday, May 15, 2004; The Main Street Committee Meeting are held on the ls` and 3`~ Monday of each month; and the Plant Manager's Breakfast will be held on Tuesday, May 18, 2004, at 7:30 a.m. at Sylvan Beach Pavilion. 19. COUNCIL COMMENTS Councilmembers Engelken, Griffiths, Beasley, Ebow, Meismer, Young and Mosteit had comments. 20. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. 551.071 - (Pending Litigation) -Meeting with City Manager and City Attorney to discuss pending litigation. 551.072 - (Land Acquisitions) -Meet with City Manager and City Attorney regarding land acquisitions. 551.074 = (Personnel Matter) -City Manager Evaluation Council retired to Executive Session at 8:30 p.m. and the Regular Meeting reconvened at 10:12 p.m. There was no action taken during Executive Session. 21. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION 22. Council to consider possible amendments to the City Manager's Employment Agreement dated February 10, 2003. Motion was made by Councilmember Engelken to approve the Ci Manager's Employment Agreement as presented. Second by Councilmember Ebow. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None City Council Regular Meeting, Wo~op Meeting and Public Hearing - Apri12~04 -Page 8 23. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:13 p.m. rRespectfully submitted, Martha Gillett City Secretary Passed an on this 10th day of May 2004. e,~L' H r ~~-~Fr~-hS Mayor pro T~vh i • i • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav 10.2004 Requested By: Cynthia Alexander Department: Finance Report: Resolution: Ordinance: Exhibits: Exhibits: Exhibits Appropriation Source of Funds: General CIP Fund & Transportation Fund Account Number: multiple Amount Budgeted: Amount Requested: $860,000.00 Budgeted Item: YES NO SUMMARY & RECOMMENDATION A budget amendment of $660,000 is requested for the General CIP Fund for the acquisition of 9.14 acres of land for the police site. $300,000 of the funds for this amendment is available from the Transportation and Other Infrastructure Fund. The remaining $360,000 will be funded with fund balance from the General CIP Fund. A reimbursing resolution has been passed for this project. Additionally, a budget amendment for $200,000 is requested for the General CIP Fund for the environmental remediation of the firing range facility. Council authorized the City Attorney's office to move forward with retaining GTI Environmental to finish clean up at the Police Training Facility (Firing Range). Estimate is $175;000 to $200,000. This is not a budgeted item and therefore requires a budget amendment. The funding for this project is available from the Transportation and Other Infrastructure Fund. Money has been built up in the Transportation and Other Infrastructure Fund for infrastructure needs within the City. We propose that $300,000 of these funds be allocated to the General CIP Fund for the acquisition of land for the police site and $200,000 of these funds be allocated to the General CIP Fund for the environmental remediation of the firing range facility. (Total increase required from Fund 005 - $500,000) (Total increase required from Fund 015 - $360,000) Action Required by Council: Consider approval of authorizing a budget amendment to the General CIP Fund O15 for the acquisition of land for the police site and to complete environmental remediation of the firing range facility and appropriate funding from the Transportation and Other Infrastructure Fund 005. Approved for City Council Agenda ~ ~v ebra Feazelle, City Manage Date ~ ~ • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ma 4 Requested By: Department: Report: X Resolution: Ordinance: Exhibits: Memorandum Dated Apri15, 2004 Exhibits: TDHCA Aaalications-Bayforest /Fair Mist Exhibits: Survey of A.ngrtment nccuna~ Rates Exlbits: P.D. Calls for Service to Apartments Annroariation Source of Funds: Account Number• Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the April 12 Workshop Meeting, Council received an update on various Housing Tax Credit Projects proposed in I.a Porte (using a variety of financing). It was noted that TDHCA has, in their notification letters, welcomed input. Council also: ^ Received information regarding HB3546 ^ Heard from two project developers ^ Heard from David Turkel regarding Harris County Housing Authority's: o Participation in financing and potential for ownership for two projects, Bayforest Ranch and Fair Mist, o Willingness to enter into a separate agreement to make payments in-lieu of taxes (requires approval of Harris County Housing Authority's Boazd) The two projects with the most significant tax implications are Bayforest Ranch and Fair Mist Apartments, due to Harris County Housing Authority's participation in financing. The current statuses of those two projects are: Bayforest Ranch (Proposed Harris County Housing Authority Participation) ^ Developers withdrew their request for Planning and Zoning Commission (P&Z) consideration of an amended SCUP at the March 29 P&Z Meeting ^ Developers have re-designed the layout with an intent to meet the City's provisions for a zero lot line R-2 subdivision ^ Developers re-designed the exterior appeazance of the proposed buildings (renderings available at Council Meeting) ^ Bayforest Ranch is scheduled to return to P&Z on May 20 for their consideration of an amended SCUP replacing the previously approved apartment complex (density still to be determined) with a proposed 100 free-standing, 4-bedroom, 1300 sq ft units. ^ After P&Z consideration, the request for an amended SCUP would then come to City Council for final approval Note: If Council establishes a position on this Housing Tax Credit Project, (or other Housing Tax Credit Projects within the TIRZ), it may assist the developer in determining if (and how) he might proceed, as they will be spending additional funds preparing for future P&Z and Council consideration. ^ As a refresher for Council, the Bayforest Ranch application for Housing Tax Credits is attached i • Fair Mist Apartments (proposed Harris County Housing Authority Participation) ^ Fair Mist Apartments project required a re-zoning change to move forward ^ On Apri126 just prior to Council consideration of P&Z's recommendation, Fair Mist Apartments requested a withdrawal of the re-zoning consideration ^ Council went forward and acted on P&Z's recommendation to deny the re-zoning ^ Fair Mist has indicated their intent to re-design the project to meet the City's R-2 standards, thus not requiring any future re-zoning activity ^ As far as we know, Fair Mist will still pursue the Housing Tax Credits and Hams County Housing Authority's financing and potential ownership. ^ As a refresher for Council, the Fair Mist application for Housing Tax Credit is attached Current status of Alexander Ridse Apartments ^ Located on Spencer near Spencer Landing ^ No participation in ownership by Harris County ^ No zone change or SCUP required. Property is currently zoned R-3 ^ Developer has met with at least on local Homeowners' Association (Spencer Landing) ^ Proposing an 180-unit apartment complex with 1, 2, and 3 bedroom apartments If Council wishes to express a position on these Housing Tax Credit applications, they may wish to consider the following: ^ Comprehensive Plan Goals ^ Expectations of development within the TIRZ (Bayforest Ranch only) ^ Tax Revenue Implications and teams of HB3546 o Method of appraisal dictated Qualified organizations ability to request exemption from taxation ^ Terms and conditions of a possible agreement with Hams County Housing Authority (payments in- lieu of taxes) requiring their Board approval (at this point Bayforest and Fair Mist only) o Term of agreement o Changes in ownership o Future legislative changes o Appraisal constraints of HB3546 o Revenue and tax constraints imposed by HB3546 o Other miscellaneous tenms In addition, we anticipated two more Housing Tax Credit Projects. ^ Indigo Creek -heard on 5/4/04, they have withdrawn ^ Seville -status unknown Action Required by Council: `~C A roved for Ci Council A ends ~' lJ^~ Debra B. Feazelle, City Mana Date •. City of La Porte L O~ 40 ~ F~~ ~ / . ~~ -a.. Tyne Interoffice Memorandum To: 1Vlayor and Coun ' ~ ~'~ From: John Joerns, Ass 'a t City Manager ~.;; Date: Apri15, 2004 ~`~~ '_ ~~ Subject: Texas Department of Housing and Community Affairs (TDHCA) Notice of Applications Update 12E: Previous Materials Forwarded Background The City has been notified by TDHCA of three applicants for Housing Tax Credits: Ha. Co. Housing Authority Pro'ect Name Zonin Issue Fundin and Ownershi Requires amendment to 1) Ba orest Ranch existin SCUP; Status - (1 Pro osed Requires zone change 2) Fair Mist R2 to R3; Status - 2) Pro osed 3) Alexander Ride R3 zonin in lace No not that we are aware of) (1) Withdrew rega~est prior to March 29 Planning & Zoning Meeting. (2) At March 29 meeting, Planning & Zoning Commission recommended denial of R3 zoning, Scheduled for City Council consideration Apri126. ~ For two of the projects the current zoning (or SCUP) is not appropriate. .L Staff has also learned that Harris County Housing Authority plans to provide funding for both the Bayforest Ranch and Fair Mist projects and to become the owner of the projects. 1. If this occurs without other agreements in place, then property will become tax exempt and City would not receive any tax revenue. This situation is amplified for the Bayforest project because it is located within the City's Tax Increment Reinvestment Zone. In this case the tax increment lost would include the City's $.71/100, LPISD $1.63/100 and Hams County $.39/100 for the remaining life of the TIRZ (23 yeazs) or until/if sold to a private concern. .~ I have written Harris County Housing Authority regarding this concern (letter attached). • .L We have also heard, but have yet to confine, that new legislation (effective January 1) removes 50% of the local tax revenues for Housing Tax Credit Projects if the applicant partners with anon-profit. We will try to have that answer by the April 26 Council Meeting. ~. TDHCA invites input at any time during the process. They have also established a Public Hearing for the Houston Region on April 21, 2004 at the Houston City Hall Annex Chambers (notice is attached). ~. The staff receives requests from developers to support their tax credit applications. We also hear from other elected officials wanting to know if the City is supporting these projects. All responses to date have just dealt with notification of the zoning issues for the Bayforest and Fair Mist projects. •k If Council wishes we will construct a letter stating the Council's position for these projects and advise other officials that have contacted us. d. FYI: I have enclosed Frequently Asked Questions regarding the Housing Tax Credit Program, taken from the TDHCA website. Obviously these questions don't deal with the issue of a local Housing Authority also participating in fanancing and ownership. JJ/ml c: Debra B. Feazelle, City Manager Cynthia Alexander, Assistant City Manager Nick Finan, Interim Planning Director Dr. Molly Helmlinger, LPISD Superintendent Planning and Zoning Commission TIRZ #I Board ~~r~~e~. ~ ~~~~ ~~ .z ~ :~. ~w:~. ~ ~~ .r: March 31, 2004 David Turkel, Administrator Hams County Housing & Economic Development 1310 Prairie, Suite 550 Houston, TX 77002 RE: Bayforest Ranch, Ltd. Fair Nlist Apartments, Ltd. Dear Mr. Turkel, ~c; ~- ~~~ r ~~ r ~~~ . CA ., ~~ ~~~:~~ ~v~~~r ~~~;, Via Facsimile Regular )4lail As these projects progressed through staff and Planning and Zoning Commission review, the City learned more about Harris County Housing Authority's proposed participation and ownership of these two projects. Per our conversation yesterday, one area of concern expressed is the lost tax revenue if these projects are approved and Harris County becomes the owner. This concern is amplified for the proposed Bayforest Ranch, which is located within the City's Tax Increment Reinvestment Zone Number One. You indicated that Hams County has, on occasion, agreed to make payments in-lieu of taxes to compensate for lost tax revenues. If you would like to provide more information and assurances regarding the County's willingness to make in-lieu payments, I will gladly forward the material to City Council, Planning and Zoning Commission and the TIRZ Board. If you provide more information, please confirm the potential for in-lieu payments for each project and each taxing authority (City, LPISD and Hams County). Based on our conversation, it is my understanding the County would only compensate the City's lost tax revenue. Presently, the Fair iVlist Apartments rezoning request is scheduled to be in front of City Council on April 26, 2004. The Bayforest .Ranch project has recently withdrawn their request for consideration by the Planning and Zoning Commission. At this time .we do not know if or~when they will re-apply. ohn Joerns Manager JJ/ml c: Debra B. Feazelle, City Manager Dr. Molly Helmlinger, LPISD Superintendent E+~ ~ 1;~7. Fairmont Pktivy. • I.a forte, Texas ?:5'?1 + (28'1) X71-5U20 WWW.TDHCA.STATE.TX.UJ January 23, 2004 ............................................ City Clerk RICK PERRY Martha Gillett Governor 604 W. Fairmont Parkway EDWINA P. CARRINGTON La Porte, TX 77571 Executive Director Re: Notification Affordable Housing Tax Credit Pre-Application # 04077 BOARD MEMBERS Elizabeth Anderson, Chair Shadrick Bogany Deaz City Clerk: C. Kent Conine Vidal Gonzalez The purpose of this letter is to notify you, as required by law, that this Department received one or Patrick R. Gordan more applications on January 9, 2004, proposing affordable housing development in your area. A Norberto Salinas summary of the basic development information for the application, or applications, is enclosed. el The Texas Department of Housing and Community Affairs (the "Depaztment"), working with private real estate developers, provides high quality, affordable housing opportunities for income qualified Texans. The Department, under the Housing Tax Credit (HTC) Program, aids private developers in building affordable housing using federal tax credits to fund new construction and rehabilitation of multifamily residential developments. The value associated with the tax credits allows residences to be leased to qualified families at affordable rents. The Board will make its preliminary decision concerning the proposed development at its June 2004 meeting and its final decision at its July 2004 meeting. The exact dates are not yet scheduled. The Department will hold a series of public hearings in Apri12004 to gather public comment on the submitted applications. The Department welcomes input on proposed developments at anytime. Early comment is particularly helpful as the Department then has sufficient time to fully consider the input. A timeline and a summary of the basic development information for the submitted application(s) is transmitted with this correspondence. Please note that any announcement regarding further dates or notices concerning the 2004 Application round will be posted on our website at www.tdhca.state.tx. us/lihtc.htm. If you have any questions regazding this correspondence or the proposed development, please do not hesitate to contact the Department's 2004 Housing Tax Credit Information Officer and Liaison, Jennifer Joyce at 512.475.3995, or by a-mail at: Jennifer.Joyce@tdhca.state.tx.us. Sincerely, Brooke Boston Brooke Boston Multifamily Finance Production Division Director s07 SAB[NE-SUITE 400 P. O. BOX 13941 ^ AuSTiv, TEXAS 78711-3941 ^ (512) 475-3800 i~ Pdxrrd nn myf4Aprpr. • ~ ~a~lo~~ This form must be completed by the Applicant in its entirety. This form will be utilized by the Department in its notifications to officials required under §50.11(a)(3)(B) of the QAP. Applicant Name: Bayforest Ranch, Ltd. Development Name: Bayforest Ranch Apartments Dev. Street Address: 2600 SH 146 South Dev. City La Porte Dev. County Harris Dev State and Zip Texas 77571 Applicant Contact Name: Isaac Matthews Contact Address: 1126 W. Tid~~ell Contact City/State/Zip: Houston, Texas 77091 • Contact Phone: (713) 290.1802 Application Date: January 8, 2004 Total # Units: 100 Building/Unit ®Detached ^ Duplex ^ Triplex ^ Fourplex Co~guration:. Residence ^ 5 units or ^ Townhome ^ Single Room Occupancy more building Location of Units: ®On a single lot or ^ In a ^ On scattered sites site subdivision Construction Type: ®Conventional ^ Manufactured ^ Modular/Structurally Integrated Onsite Panels Maximum # of Floors: 2 Elevator-Served: ®No ^ Yes Total Site Acreage: 15.32 # of Res. Buildings: 100 # of Non-Res. Buildings: 1 # Units per Acre: 6.52 Tenant Services (describe): Counseline services• Youth pro;rams• and GED preparation (#)[N/A] 1 bed/1 bath Units Rent: ($)[0] Average Sq Ft [0] (#) /A 2 bed/1 bath Units Rent: ($)[0] Average Sq Ft [0] (#) /A 2 bed/2 bath Units Rent: ($)[OJ Average Sq Ft [0] (#) /A 3 bed/2 bath Units Rent: ($)[0] Average Sq Ft L] (#) 100 4 bed/2 bath Units Rent: ($)829 Average Sq Ft 1,354 19 ~ ~-0~ ~1 Unit Amenities and Quality. Select All That Apply: ® Covered entries (1 point) ® Nine foot ceilings (1 point) ® Microwave ovens (1 point) ® Self-cleaning or continuous cleaning ovens ® Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms) ® Refrigerator with icemaker ® Laundry connections ^ Storage room or closet, of approximately 9 square feet or greater, which does not include bedroom, entryway or linen closets ^ Laundry equipment (washers and dryers) in units ® Thirty year architectural shingle roofing ® Covered patios or covered balconies ® Covered parking (including garages) of at least one covered space per Unit ® 100% masonry on exterior, which can include stucco and cementious board products, excluding efts ^ Greater than 7S%o masonry on exterior, which can include stucco and cementious board products, excluding efts ^ Use of energy efficient alternative construction materials (structurally insulated panels) with wall insulation at a minimum of R-20 ® R-1S Walls / R-30 Ceilings (rating of wall system) ® 12 SEER HVAC or evaporative coolers in dry climates ^ Energy Star or equivalently rated Kitchen Appliances Common Amenities. Select All That Apply: ®Full perimeter fencing with controlled gate access ^Gazebo w/sitting area ^Accessible walking path ^Community gardens ®Community laundry room and/or laundry hook-ups in Units ®Public telephone(s) available to tenants 24 hours a day ^A service coordinator office ®Barbecue grills and picnic tables - at least one for every SO Units ®Covered pavilion w/barbecue grills and tables ®Swimming pool ^Furnished fitness center ®Equipped Business Center (computer and fax machine) ®Game/TV/Community room ^Library (separate from the community room) ^Enclosed sun porch or covered community porch/patio ^Service coordinator office in addition to leasing offices ^Senior Activity Room (Arts and Crafts, Health Screening, etc.) -Only Qualified Elderly Developments Eligible ^Secured Entry (elevator buildings only) ^Horseshoe or Shuffleboard Court -Only Qualified Elderly Developments Eligible ^Conununity Dining Room w/full or warming kitchen -Only Qualified Elderly Developments Eligible ® Two Children's Playgrounds Equipped for S to 12 year olds, two Tot Lots, or one of each -Only Family Developments Eligible ®Sport Court (Tennis, Basketball or Volleyball) -Only Family Developments Eligible ^Furnished and staffed Children's Activity Center -Only Family Developments Eligible 20 '~ ~ .. TE~~~S DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ~'~ jt i-~. ~' ~ ~' 1 ~~ ~~ f.~ ~U ~' 1 ~. . ~~ . ~, ... Timeline for the 2004 Housing Tax Credit (HTC) Cycle ~. ~~..~:FEBRUARY 2004 :Monday;. February 2 . .MARCH 2004 . ~. Monday, March 1 Friday, March 12 APRIL 2004 . April 5-16 (approximately) Friday, April 30 MAY 2004 Monday, May 31 JUNE 2004 . June (dates uncertain) JULY 2004 July (dates uncertain) Results ~of HTC Pre-Application Round Released Deadline for all final Applications to be submitted General Application Meetings' begin (held every other Friday through . the end of the Application Cycle at the TDHCA headquarters in Austin) Release submission log of all Applications received Public Hearings on Applications Last day for letters from qualified neighborhood associations to be considered eligible for Quantifiable Community Participation . Last day for letters to be received from local and state elected officials representing constituents in areas that include the location of the Development as it relates to the scoring evaluation of each application Board meeting to review HTC recommendations and approve a list of applications for allocations of tax credits (legislated for no later than June 30) Release Application Log Notify ~ all applicants of any support/opposition received on their application Deadline #or receipt of public comment that will be forwarded to the Board. Board .meeting: Board approval of final commitments for HTC (legislated deadline is July 31) 'More information about specific dates, times and locations for these meetings will be released on the Department's website at: www.tdhca.state.tx.us/lihtc.htm 601 West Fairmont Parkway January 23, 2004 Re: Notification Affordable Housing Tax Credit Pre-Application # 04161 BOARD MEMBERS Elizabeth Anderson, Chair Shadritk Bogany Deaz City Cierk: C. Kent Conine Vidal Gonzalez The purpose of this letter is to notify you, as required by law, that this Department received one or Patrick R. Gordon more applications on January 9, 2004, proposing affordable housing development in your area. A Norberto Salinas summary of the basic development information for the application, or applications, is enclosed. The Texas Department of Housing and Community Affairs (the "Department"), working with private real estate developers, provides high quality, affordable housing opportunities for income qualified Texans. The Department, under the Housing Tax Credit (HTC) Program., aids private developers in building affordable housing using federal tax credits to fund new construction and rehabilitatior. of multifamily residential developments. The value associated with the tax credits allows residencies to he leased to qualified families at affordable rents. The Boazd will make its pi•eliminazy decision concerning the proposed development at its June 20()4 meeting and its final decision at its July 2004 meeting. The exact dates are not yet scheduled. The Department will hold a series of public hearings in April 2004 to gather public comment on the submitted applications. The Department welcomes input on proposed developments at anytime. Early comment is particularly helpful as the Department then has sufficient time to fully consider the input. A timeline and a summary of the basic development information for the submitted application(s) is transmitted with this correspondence: Please note that any announcement regarding further dates or notices concerning the 2004 P.pplication round soil! be posted on our website at www.tdhca.state.tx.us/lihtc.htm. If you have any questions regarding this correspondence or the proposed development, pleas;. do not hesitate to contact the DeparGnent's 2004 Housing Tax Credit Information Officer and Liaison, Jennifer Joyce at 512.475.3995, or by e-mail.at: Jennifer.Joyce@tdhca.state.tx.us. Sincerely, Brooke Boston Brooke Boston Multifamily Finance Production Division Director 507 SABINE•SuIT6 400 ^ P.O, BOX 13941 ^ AUSTIN, TEXAS 78711-3941 ^ (512) 475.3800 n i~~nr.~.~:w~i^ise•r EDWINA P. CARRINDTDN La Porte, TX 77571 Executlve Director • ,. , ,, ~ . , { ...t' ITT , lE - ~ ~...~ ~~Ie. ~ ~ /4Tt'~~. „j ,~`" .~.: ,~ - ..,,.F... ._. ...a,... -~. ._, .a. ., w s~..A _w... .. ..,.,a-S_. .. .y.. _ ae. .. ~,. ^:r'n _. 'E.~' ,3 ~' ._ This form must be completed by the Applicant in its entirety. This form will be utilized by the Department in its notifications to officials required under §50.11(a)(3)(B) of the QAP. Applicant Name: Fair Mist Apartments, Ltd. Development Name: Fair Mist Apartments Dev. Street Address: Canada St. near Fairmont Pazkway Dev. City ~ I,a Porte ~ . Dev. County Harris Dev State and Zip ~ TX 77571. Applicant Contact Name: Lucy Hancock Contact Address: ~ 29426 Geneva Dr. Contact City/State/Zip: Spring, Texas 77386 Contact Phone: ~ 281-298-7999 Application Date:. 1/8/04 Total # Units: ~ ~ 100 Building/Unit ^. Detached ^ Duplex ^ Triplex ~ ^ Fourplex Configuration: Residence ®5 units or ^ Townhome ^ Single Room Occupancy more/building Location of Units: ®On a single lot or ^ In a ^ On scattered sites site subdivision Construction Type: ®Conventional ^ Manufactured ^ Modular/Structurally Integrated Onsite ~ Panels Maximum # of Floors: ~ ~ 2 Elevator-Served: ®No ^ Yes Total Site 18 Acreage: # of Res. Buildings: 13 # of Non-Res. Buildings: 1 ~ # Units per Acre: 5.5 Tenant Services (describe): The tenant supportive services will be selected from the list of approved services provided in the OAP and coordinated through state workforce development and welfaze pro rams. (#)[20] 1 bed/1 bath Units Rent: ($)[378 - $6701 Average Sq Ft 750 (#)j45] 2 bed/1 bath Units Rent: ($)[449 - $8041 Average Sq Ft 975 (#)jol 2 bed/2 bath Units Rent: ($)[0] Average Sq Ft [0] (#)j35j 3 bed/2 bath Units Rent: ($)[515 - 930 Average Sq Ft [1 19 ~ ~~'i~l -~~ Unit Amenities and Quality. Select All That Apply: ' ^ Covered entries (1 point) ^ Nine foot ceilings (1 ,point) ®Microwave ovens (1 point) ® Self-cleaning or continuous cleaning ovens ® Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms) . ®Refrigerator with icemaker ® Laundry connections ^ Storage room or closet, of approximately 9 square feet or greater, which does not include bedroom, entryway or linen closets ^ Laundry equipment (washers and dryers) in units ®Thirty year architectural shingle. roofmg ^ Covered patios or covered balconies ^ Covered pazking (including gazages) of at least one covered space per Unit ® 100% masonry on exterior, which can include stucco and cementious board products, excluding efts ^ Greater than 75% masonry on exterior, which can include stucco and cementious board products, . excluding efts . ^ Use of energy efficient alternative construction materials (structurally insulated panels) with wall insulation at a minimum of R-20 ® R-15 Walls / R-30 Ceilings (rating of wall system) ^ 12 SEER HVAC or evaporative coolers in dry climates ^ Energy Staz or equivalently rated Kitchen Appliances Common Amenities. Select Atl That Apply: ®Full perimeter fencing with controlled gate access ®Gazebo w/sitting azea ®Accessible walking path ^Community gazdens ®Community laundry room and/or laundry hook-ups in Units ®Public telephone(s) available to tenants 24 hours a day ®A service coordinator office ^Barbecue grills and picnic tables - at least one for every 50 Units ®Covered pavilion w/barbecue grills and tables ^Swimming pool ^Furnished fitness center ®Equipped Business Center (computer and fax machine) ^Game/TV/Community room ^Library (separate from the community room) ®Enclosed sun porch or covered community porch/patio ^Service coordinator office in addition to leasing offices ^Senior Activity Room (Arts and Crafts, Health Screening, etc.) -Only Qualified Elderly Developments Eligible ^Secured Entry (elevator buildings only) ^Horseshoe or Shuffleboard Court -Only Qualified Elderly Developments Eligible ^Community Dining Room w/full or warming kitchen -Only Qualified Elderly Developments Eligible ® Two Children's Playgrounds Equipped for 5 to 12 year olds, two Tot Lots, or one of each -Only Family Developments Eligible ®Sport Court (Tennis, Basketball or Volleyball) -Only Family Developments Eligible ^Furnished and staffed Children's Activity Center -Only Family Developments Eligible 20 .. .~ ~ ~ ~ • . ~ . ~ Z'E.~~-AS . DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS' Timeline for the 2004 Housing Tax Credit (HTC) Cycle FEBRUARY 2004 Monday, February 2 Results of HTC Pre-Application Round Released MARCH 2004 . Monday, March 1 Deadline for all final Applications to be submitted - Friday, March 12 General Application Meetings* begin (held every other Friday through . . ~ ~ the end of the Application Cycle at the TDHCA headquarters in'Austin) - Release submission log of all Applications received ~ . . APRIL 2004 ~ ~. ' April 5-16 (approximately) Public Hearings on Applications ~ ~. Friday, April 30 Last ~ day for letters from qualified neighborhood associations #o be considered eligible for ~uant'rfiable Community Participation MAY 2004 Monday, May 31 .. Last day for letters to be received from local and state elected officials . representing constituents in areas that include the location of the Development as it relates to the scoring evaluation of each application . JUNE 2004 June (dates uncertain) ~ Board meeting to review HTC recommendations and approve a list of applications for allocations of tax credits (legislated for no later than June ' ~ 30) Release Application Log ~ ~ . ~ . Notify ~ all applicants of .any support/opposition received on their application Deadline for receipt of public comment that will be forwarded to the Board. JULY 2004 July (dates uncertain) ~ Board meeting: Board approval of final commitments for HTC (legislated deadline is July 31) . *More information about specific dates, times and locations for these meetings will be released on the Department's website at: www.tdhca.state.tx.us/lihtc.htm • Multifamily Developments in La Porte Name Year of Units OR % Police Activities** Construction Total 03 Crime 03 Crime 04 Bayou Villa Apts. 1960s 56 90% 64 18 14 3030 S. Broadway (281)470-9179 Bayside Oaks Apts. 1950s 43 90% 11 5 7 3003 S. Broadway (281) 471-7969 Bay Breeze Apts. 1960s 18 89% 17 12 1 3007 Old Hwy. 146 (281)470-1847 College View Apts. 1979 104 88% 100 24 6 3333 Luella Blvd. (281) 479-8885 Fairmont Oaks Apts. 1999 188 *96% 201 46 19 9801 W. Fairmont Pkwy. (281) 842-7300 Green Oaks Apts. 1950s 86 92% 226 57 9 315 N. 2°~ Street (281) 471-9254 Harbour Bay Apts. 1982 198 95% 155 38 19 9999 Spencer Hwy. (281) 471-9634 The Plaza at San Jacinto 1998 132 87% 72 14 3 3331 Luella Blvd. (281) 542-9777 Rush Oaks Apts. 1960s 36 86% 68 19 3 3101 S. Broadway (281) 470-0230 Tammie Jay Apts. 1960s 55 92% 129 44 27 222 E. Fairmont Pkwy. (281) 471-1262 Village Bey The Bay 1970s 79 96% 78 17 6 1026 S. 6 Street (281) 471-7722 Vista Baywood Apts. 1950s 143 89% 270 67 15 777 South R Street (281) 471-5446 • Name Year of Construction Windsail Bay Apts. 1960s 3141 Old Hwy. 146 (281) 471-3061 Churchill Place 2002 1201 South Broadway (281) 471-3929 *Tax Credit • Units OR % Police Activities** Tota103 Crime 03 Crime 04 82 86% 19 ~ 5 72 *88% 59 8 0 3 **Police Activities at the Apartment Location Total =All activities in which an Officer was dispatched to the location Crime 03 =Number of the total dispatch that were coded as crimes verses services for O 1 /01 /03 to 12/31 /03 Crime 04 =Reflects the number of dispatches that were coded as crimes for the period OT/01/04 to 04/01/04. Tvnes of Crimes counted: Assault Burglary Evading Arrest Injury to Child/Elderly Death Investigation Criminal Trespass Unauthorized Use of MV Harassment Aggravated Sexual Assault Arrest/Warrant Public Intoxication Narcotics/Drug Laws Retaliation Suicide Attempt Terrorist Threat Violation City Ord. Weapons/Firearms Violations Criminal Mischief Theft Forgery Sexual Assault Fraud DWI Prowler Death Investigation rExAS May 10, 2004 City of La Porte . Mayor Pro-Tem and City Council The Tax Increment Reinvestment Zone Number One (TIRZ) ~ Boazd authorized this communication regarding the proposed Housing Tax Credit project within the TIRZ, known as Bayforest Ranch. The intent is not to dissuade Council from the decision they believe is in the best interest for the entire community. The Board only wishes to offer its perspective regarding the potential for development of the TIRZ as a whole. First, the Board is not in favor of the Bayforest Ranch Project. The Boazd shared the vision with City Council, Planning and Zoning Commission (P&Z)~ and others that this azea adjacent to the Bay Forest Golf Course and along SHi46 be developed primarily as single-family housing of a type and chazacter not currently available in La Porte. Also, the Board is not pleased with the way the City learned about this project, its proposed financing and the potential for loss of tax revenue, compounded by its location within the TIRZ. The Board also discussed the goals of the project plan, the potential funding for other public improvements and the lack of activity within the TIRZ. Currently the residential development within this area of the TIRZ is dependent on the exchange of properties between two owners/developers. This issue has already delayed development within the TIRZ. Because of this situation the smaller 15 Ac. project, Bayforest Ranch, is delaying the lazger 155 Ac. Development, Lakes at Fairmont Greens, which meets the goals of the TIRZ and the previous approvals of P&Z and Council. The Zone is already 4 tax yeazs into. its 30-year life without any development taking place. Even if approvals aze received this summer, improvements would not be on the ground prior to January 1, 2005 and another tax increment year is lost. While the Boazd made it clear it is not in favor of this project, they eventually took a stance of neutrality and ask Council to consider the same if the developer meets further conditions. This stance is partly due to the developer's forwazd movement on. improving the proposed product since it was first introduced. The additional conditions discussed by the Board are: ^ Payments in-lieu of taxes o If current owner or future owners aze a qualified SOIc(3) or a governmental body, agree to payments in-lieu of taxes for all taxing jurisdictions o Harris County Housing Authority, by Board action, agrees to the same if they become owner. o Covenant that any change in ownership in the future to a qualified SOIc(3) or another governmental unit be required to continue payments in-lieu of taxes o Other agreeable terms and conditions regarding payments in-lieu of taxes including term and provisions for renewal 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 r • Additional Covenants o Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any fmancing or tax credits o Create a property owners association that is subject to and part of the Homeowners Association created for the adjacent single-family development o Covenants regarding maintenance and upkeep of buildings, lawns, clubhouse, open spaces, and appropriate adjacent lands ^ Provide a different mix of units offered o Consider a mixture of 2, 3 and 4 bedroom units vs. 100-4 bedroom units to reduce new student impact on LPISD ^ Provide a system that gives priority to existing La Porte residents ^ Any other provisions established by the P&Z and City Council during the approval process Again, we understand that the Council has to consider a number of issues regarding the Housing Tax Credit projects proposed in our City. Our intent is to provide input only for this project within the TIRZ and we certainly respect any position the Council establishes. Sincerely, ~~~ Alton Porter Chairman of the Board AP/ml c: TIRZ/Redevelopment Boazd of Directors Debra B. Feazelle, City Manager John Jcerns, Assistant City Manager Cynthia Alexander, Assistant City Manager ! ~~ A • ORDINANCE. NO. 2003- a(oaq AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL~Q~ER~E_AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD MAY 12, 2003, THROUGH MAY 12, 20041 FINDING COMPLIANCE WITH THE .OPEN MEETINGS LAWj 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 appoints ~•~~~~ ~ ~r-~~~'I~S to serve as Mayor Pro-Tem of the City of La Porte, for the period May 12, 2003, through May 12, 2004, or until his successor shall have been duly appointed and qualified. Section 2. The Mayor Pro-Tem shall serve in such office during said term, during the absence or incapacity_of the Mayor and shall do all things, perform all duties, and~in fact have all the powers and duties of the Mayor of the~City of La Porte during such absence or incapacity of the Mayor. 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. • ORDINANCE NO. 2003-~(D~~ PASSED AND APPROVED,, this 12th day of May, 2003. PAGE 2 CITY OF LA PORTE BY~ r/` No man ~L. Malo e, Mayor ATTEST: ar ha A. Gillett City Secretary .~ APPROVED: Knox W. skins, City Attorney • • Gillett, Martha From: Peter Griffiths [Peter.Griffiths@channelview.isd.esc4.net] Sent: Monday, May 03, 2004 12:04 PM To: Gillett, Martha Cc: Mike Mosteit (mosteit66@aol.com); Barry Beasley (barry.beasley@sbc.com); Bruce & Kimberly Meismer (meismer@swbell.net); Chuck Engleken (engelken@aol.com); Howard Ebow (HRAY8@aol.com); Mike Mosteit; 'KWAskins@aol.com' Subject: Mayor Pro-Tem Gentlemen: As we go through this time with the Mayor's passing, we need to continue working in providing the services expected by our fine city and not to miss a beat. With that, my tenure as Mayor Pro-Tem will end in May. I have proposed to place, for discussion, the Mayor Pro-Tem position on the next council meeting on the 10th. We need to discuss the situation so that on the May 24th meeting, we can move forward to electing a new Mayor Pro-Tem for the coming year, like we do every year. We could wait until after the run-off, special election, and so forth, but that is what we will be discussing at the meeting. In addition, with the campaign, there are a lot of "ifs" in place. So please have your thoughts and considerations ready. Thanks for all you have done in helping the city out during this difficult time. The city's strength will shine as bright as we do as the leaders of our community. Peter 1 • ~ G j ~~(~ - Page 1 0 1 ~~ ~ .~ C ~`. Gillett, Martha ~' From: KWAskins@aol.com Sent: ~ Saturday, May 01, 2004 9:34 AM . To: GillettM@ci.la-porte.tx.us Cc: FeazelleD@ci.la-porte.tx.us; JoernsJ@ci.la-porte.tx.us; AlexanderC@ci.la-porte.tx.us Subject: Mayor Malone (Martha, Please forward this a-mail to Mayor Pro-Tem and Council, and place copies in their boxes...Thanks, Knox) Gentlemen, This a-mail will attempt to answer several questions from council and staff since Norman's passing. First, the appointment of Peter as Mayor Pro-tem expires May 12, or when his successor as Mayor Pro-tem is appointed. I will place an appointment ordinance on the May 24th agenda. Second, since we have 3 yr. council terms, the Texas Constitution requires council to call a special election to fill a vacancy within 120 days from the date the vacancy occored, even if no standard election date occurs within that period. The next standard election date is September 11. Therefore, I recommend that the Special Election to fill the Mayor's term of office, which .. . expires-in May, 2006, be called for Saturday, August 21, which is within the 120 day period. I will prepare~an:~ .~: ordinance calling the election for the May 10 council meeting. Councilpersons who might wish to run for Mayor should be reminded that even the announcement of candidacy, or filing, constitutes an immediate resignation from your city council seat. Finally, I hope Council will consider naming the new. Lomax fire station for.Norman, in recognition of his many years of service to the cities of Lomax and La Porte...we are certainly going to miss him ...Knox 5/1 /?_x(14 • • Back-up not required for this item • • C • • CITY OF LA PORTE CITY SECRETARY'S OFFICE .INTEROFFICE .MEMORANDUM May 1, 2004 T0: Mayor and City Council FROM: M. A. Gillett, TRMC~ r~ City Secretary SUBJECT: Mayoral Election July 24, 2004 Due to the death of Mayor Malone, we have been advised by the City Attorney, the City must hold a special election on July 24, 2004, with the potential for arun-off. Preparations for that election will begin immediately, concurrent with the General Election now underway, which also has the potential fora run- off. The part-time Communication employee, Teo Pena, will be graduating from college on May 14, 2004, pursuing full-time work in his majored field. Therefore, this will result in a transitional period. The part- time Records Technician, Susan Felty, may be required to work up to 40 hours, instead of 20 hours, to assist with the demands of the office. Because we are only halfway through the budget year, additional funding, if needed, will be identified and requested at a future time. The FY 2003-2004 Budget includes $20,000 for an election and run-off. Costs include rental of election equipment, elections supplies, legal publishing, ballots, legal fees, miscellaneous supplies and services and personnel costs for election workers. With the upcoming Special Election and possible run-off, additional funding may be needed. Once the Regular Election is concluded, staff will be in a better position to calculate funding needs for the Special Election. It is possible that we will be coming back to Council for a budget adjustment to fund the Special Election, if the current budget falls short. It is my duty and responsibility to assure that the office is fully staffed to provide adequate services to our Community. My staff and I have the energy and desire to fulfill these duties. C Debra Feazelle, City Manager ~ ~ MEETING HANDOUTS ,.:.,. a • 'o :' A joint project of the La Porte-Bayshore Chamber of Commerce Marketing 8 Tourism Committee and the City of La Porte The following changes were recommended by the committee at the May 4tl' meeting. 1) Change the photograph on the left to just 1 photograph of sailboats in the bay 2) Add the City of La Porte web site 3) Change the events to Antiques, Boating, Golf 4) Change the font for "La Porte" and "Gateway to the Bay" to something a little more eye catching Here is ttte template for the "New" billboard that was done by City of La Porte PaHcs 8 Recreation director Stephen Barr. The original billboard work was completed by Marlene Rigby Iso of Parks 8 Rec. Notice new oto, airy web site, and font changes t ~i 1 l ~ r ~ }i_ ' 1 ll~, jlw' V ,,~.1~ uu ~ ~, vv.l~tt„1 rs ~ •Thb money wines trwn the HoteU11eb1 Tax Fund and by atab law moat be wad for maAatlrrg and tomlam D •Tfa normal rob for tide trl6bwrd b 56,000 every 4 weeks. Because ws ere a nor-~proat agency, oa• rob b aNy 52,600 every 4 weeks as king as we Irrdrrde Ure ams0 pArd dladalmer at the bottom of the btlWoard that thb is a publk: aervke anrrorsrurrard •The nitsfar saehwrap w -new look- Is 5676. Eech tlme vre flange the billboard we mwt pay fhb fee. tlat b why vra era Dory naming 3 N dtlfarerd t4nboards tlrreughad the year. city Coundl appropdebd Ssgo66 b tie V Porb$ayslroro Chamber E of Commerce for eds proisd for 1004 and so far las spent Saase (aa cwt of eadr billboard for 8 waeb) b pay for the first of thrw W wObwrds. The billbwrds vd0 run in 7 saparab a weak sessbns (SpArrg, Summer. Falq ~~~ ~`~efe~~l~°~ ~1~ ~~0~~ `~~ ~~ ~~~o,~ This is the eurrern billboard located on 1-10 near the 146 exit, heading westbound toward Houston. A commktt:e of over ZO people spent 3 months designing the billboard to match our current tourism brochures and promote evenb and attracdons In l.a Pone. After the billboard went up, k was decided that the current billboard is too busy and the commktee made changes to make k a simpler design and easier to see as you pass at 70mph. ''1 5-10-04 council- Re~nse to Cummings letter to the Edi ,,~~ The April 18 Bayshore Sun published a letter written by your City Supervising Engineer, Robert Cummings, inspite of the facts that his letter was published just a few days after I publicly presented facts that were very critical of the City, and that I've publicly exposed facts that were very critical of the way Mr. Cummings department handled the City's fill dirt policy, and that he pins his target down in his letter to someone involved in the Bayshore area, and that the majority of his letter revolves around this subject, Mr. Cummings claims I am not his target and that he has no intended target. If he has no intended target, then why did he write the letter? I think the facts prove Mr. Cummings claim is false. Regardless of who his target is, his written attack on citizens needs to be exposed for what it is, so I'll do it. In his letter, he claims the Bayshore Sun refuses to be the posting board for citizens who desire to engage in character assassination of their fellow Americans. And he claims that the Bayshore Sun seems to be adept at recognizing malcontents and correctly dismissing their hate-filled babble as the mutterings of someone not conducive to the betterment of the Bayshore area. He claims that chief among the Bayshore Sun's admirable qualities is it's refusal to engage in personal attacks [on] local municipal staff or citizens. But, wait a minute, the Bayshore Sun just printed his personal attack on other citizens. Now doesn't make Mr. Cummings claim completely false. . , And have you noticed that Mr. Cummings is doing exactly what he is accusing other people of doing, such as character assassination, personal attacks, etc. Now doesn't that make him a huge hypocrite as well. Mr. Cummings claims nothing but the facts are ever presented [in the Bayshore Sun] but when you read the letter, you'll notice that Mr. Cummings does not supply a single fact to back up his accusations, and the Bayshore Sun printed his fetter. That again makes his claim completely false, doesn't it? Mr. Cummings claims to have noticed the Bayshore Sun will not print material if the facts cannot be substantiated or the exposure of such facts would hurt the City of La Porte or foster feelings of hatred. I have a simple question that proves this claim is false. Now how would he know what has been cut out and what has been substantiated unless he was the editor? And did you notice that he is openly proud of what he claims is the Bayshore Sun's elimination of any facts, that in the opinion of those in control, could hurt the City. thought that manipulation of the facts only occurred in dictatorships and banana republics. I strongly believe in open, democratic government, so this elimination of unpleasant facts that Mr. Cummings is so proud of, is actually corrupt, and crooked,. and repulsive, to me. Mr. Cummings has tried to say his letter of accusations is a personal matter and not City related. Yet Mr. Cummings lives in another City. He works for the City of La Porte. I think the facts prove this is a City matter and not a personal matter. And I think severe disciplinary action is in order, Council. And I have a comment regarding the Bayshore Sun's part in this. The Bayshore Sun's written letter Policy states it will not print attacks on a third party and libel will be omitted from letters;... but it printed Mr. Cummings letter. Thank you for your time and consideration, Bill Scott Dean Edifors~~~ ~ ~ . . ~~.: ' Pe~p~e'"iti.this world today are so uick- ~o~btacne, • criticize and point gers 'Where none s~o,,u1d,,:that it %seerris',~sd'tfe~vs. `' e~•ever'tal~e'~he `tiine~.'to".~it~~`'s~e~ne' a~,:heartf~elt compliment ~~.aiiymoTe =- ~'tlie '.way. General and President .Dwight D.' Eisenhower used.to. ~ = .. ~ ; EisenhOwer'~s soldiers and cabinet members . were r .always happy `'to work ,for aim for many ;reasons; but his readines to lim `sente ; and I have" noticed .that The Bayshore Sun.will not print material if either the facts: cannot be substan- tiated or the exposiiie of such. facts would hurt the City of IJa Porte or foster~feeL~igs ~o~~}„Lkiatred....~ ,- .y l:.asfly;'~'he $'ayshore Suri seems to 'be adept, at recognizing malcontents and`•correctly 'dismissing their ha.-~= fill~e,_d_babh~ as the mutterings of Someone: ~"not ~ conducive to the bet- terment of the Bayshore area. .. , : ~ Indeed; ,T'he B ayshoie Sun serves S .comp ent :.when .lie saw ~ a.good . job. ~ being ::done . always endeared him to.his subordi- t nates. ~ ~ ` ` So, in the•spir~t of our,fonner.great President ~iserihower, I would -like to;take a moment and say thank you ' "to:the $ayshore;Sun ;for ~e~excel- lent :job it does and the service it gives to, the Bayshore community. Chief among ,The~.Bayshore. Sun's adcriirable;:qualities; is,its: refusals to enga a in rsonal attacks' be they sc ool oardmembers, congres- sional officials, local municipal staff , or citizens; ~ - . ,. • , ~~ . `In the .same .vein, the Bayshore Sun continually refuses to be the posting board for citizens who..care to, or desire to,, en a .in chars r a assination of their fellow I' commend The Bayshore Sun on its consistent .and noble positions on such issues as' $ayport and past pond elections. ~Tlie sports coverage if our beloved Ira Porte Bulldogs ind ~.,ady .Bulldogs; is a breath of iesh air because ~ we 'all know The . . ~ousfon'' Chronicle ,does not give,: ~~ ,ur I ;a Porte athletes 'the :coverage, ~: hey. ueserve. : ~ ~ ~ `~~ ~.:. Nothing but the facts are,~yer'n ie_ I ,, ., infinitely needed, •albeit' shrink- .' ing, niche ~in American persona: The ~-- idea of the "local newspaper" . should never be lost.:in~ the sea ~of ~~: USA Todays and New .York Cremes. ~ °. ~~~ ~.~ystio„~g• Sun for its acac~emica~ly supenor end ~ logical :: view of local matters,"and "matter. ~' - brought before it. Please keep up the ,- good work. And God Bless = .America. - '~ • Robert Alden .Cummings o.: ti k r4c~ S ~ u . , ,. . .. _ ~xp'a~s~e _ ac~ette-< "i~tserll.: "~ef J~p:ari at:.... ~ .. a4T-Glutton 5 "Ttie~°-~- ak "fora :• ~$ :Blare:c~ ` ~Yar~`... ~rriies" ' : ~Ba~ie :.. 19?~ fiirr st .:::: :. ~ . ~ shop> ~ .mouse`s ~~~~~• ~ - -tool p~edatt~r ;en- 54 G~r~eti= ?~• F'hils#e- Ner. to . -clst'~.~ak~r. ~: ~s~°~~prz, on: :55 :Cerrnain ~ 8~` iV- llltoi'air~~ ~~y pastry , aboard i s:uta~j: 5G l~ulure :the d° ro ~ ~ fist~~ 111Iin~t~vi~ r~ , . ~ : ' 57' CQg's 9 Br+eal~i~rg _. ''Banat" p©int loan 4t~ tiopalang :'s ~ Cassidjr. ~vrtrayer- ~~~~r ~~1. w'.i ~~7iSr. ar~strUt7lel7t 23` `~I°he autlQr 27 ~+ElYI3t 7 ll~s ~9~ "ft~ci`rg ~. vut' it~~ 42. Contlf ... 3Cek•'tt~ ~~ Srtly.