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Home My WebLink About2005-06-13 Regular Meeting, Workshop Meeting and Public Hearing of La Porte City Council A MINUTES OF REGULAR MEETING, WORKSHOP MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL June 13,2005 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:00 p.m. Members of City Council Present: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Barry Beasley, Mike Mosteit and Louis Rigby. Members of Council Absent: Council members Mike Clausen, Howard Ebow and Peter Griffiths Members of City Executive Staff and City Employees Present: Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Fire Chief Mike Boaze, Planning Office Coordinator Peggy Lee, City Secretary Martha Gillett, Public Works Director Steve Gillett, Director of Planning Wayne Sabo, Human Resources Specialist Nicole Hatter, Purchasing Agent Susan Kelley, Budget Officer Shelley Wolney, Assistant City Manager Cynthia Alexander, Assistant Fire Chief John Dunham, Police Chief Richard Reff and Parks and Recreation Director Stephen Barr. Peggy Lee attended as a protege' of the Mentoring Program currently underway in the City of La Porte. Others Present: Torn Campbell, Sue Gail Kooken, Mr. and Mrs. Wayne Hammond, Carol Christian of the Houston Chronicle and other citizens. 2. Reverend Mike Davis of First Assembly of God was not able to attend the meeting. Mayor Alton E. Porter delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A nONS / PROCLAMATIONS A. Mayor Porter presented a Certificate of Appreciation and Proclamation for Operation to Karen Rigby, Clara Clark and Ann Moore. B. Mayor Porter presented National Small Cities and Towns Day Proclamation to Nicole Hatter of the Special Events Committee. C. Mayor Porter presented Employee of 1 sl Quarter 2005 to Peggy Lee. Ms. Lee was accompanied by her department director Wayne Sabo, Director of Planning. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Public Hearing held on May 23, 2005. B. Council to consider awarding bid for Axle Scale System. C. Council to consider authorizing an additional $11, 591.00 for repair of water well # 9. D. Council to consider approval or other action regarding adopting an ordinance amending fiscal year 2004- 2005 budget for the Airport Fund by $13, 048 to match recent grant increase and to pay for permit fees for inspections. City Council Regular Meeting, Workshop Meeting and Public Hearing - June 13, 2005 Page 2 Motion was made by Council member Mosteit to approve the agenda as presented. Second by Council member Engelken. Motion carried. Ayes: Mosteit, Engelken, Moser, Beasley and Mayor Porter. Nays: None Abstain: Council member Rigby 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. There were no citizens wishing to address Council. * Discussion on item 17 B were taken out of order due to outside speaker. See notes below on item 17 B. 7. Public Hearing - Consider and take action recommendation for approval by Planning & Zoning to rezone 6.20 acres ofland located in the 3700 block of Luella Boulevard from R-3 to GC as requested by the applicant, David L. Brown. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:32 p.m. Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on recommendation for approval by Planning and Zoning for to rezone 6.20 acres ofland located in the 3700 block of Luella Boulevard from R-3 to GC Public Input - None Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended City Council consider approval of rezone 6.20 acres ofland located in the 3700 block of Luella Boulevard from R-3 to GC The Public Hearing was closed at 6:40 p.m. 8. Council to consider approval or other action regarding Ordinance l50l-PPPP Assistant City Attorney Clark Askins read: ORDINANCE 150 l-PPPP- CONSIDER APPROVAL OF OTHER ACTION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES 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 HIGH DENSITY RESIDENTIAL T GERERAL COMMERCIAL REQUESTED BY THE SEVILLE PLACE DECELOPERS, LLC., OF THIS 6.20 ACRES LAND, PT. OF TRACT 22 A, LOCATED IN THE W.M. JONES SURVEY, ABSRACT 482, LA PRTE, HARRIS COUNTY, TEXAS HEREIN DESCREIBED; 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 Council member Beasley to approve Ordinance l50l-PPPP as presented by Mr. Sabo. Second by Council member Moser. The motion carried. Ayes: Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter Nays: None Abstain: None 9. Public Hearing - Discuss recommendation for approval by Planning and Zoning Commission for allowing off-site parking for a medical clinic located at 404 West Fairmont Parkway. City Council Regular Meeting, Workshop Meeting and Public Hearing - June 13, 2005 Page 3 Open Public Hearing - Mayor Porter opened the Public Hearing at 6:42 p.m. Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on recommendation for approval by Planning and Zoning on Zoning for allowing off-site parking for a medical clinic located at 404 West Fairmont Parkway. Public Input - None. Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended approval with special conditions list in SCUP. The Public Hearing was closed at 6: 47 p.m. 10. Council to consider approval or other action regarding Ordinance 1501-QQQQ. Assistant City Attorney Clark Askins read: CONSIDER APPROVAL OF OTHER ACTION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU05-005 FOR THAT CERTAIN ARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.43 ACRE, PT. OF LOTS 5-6, BLOCK 177, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA ORTE, HARRIS COUNTY, TEXAS, FOR THE PUROSE OF DEVELOPING OFF-SITE PARKING FOR LA PORTE MEDICAL CLINIC (DR. DILIP PATEL); 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 bv Council member Moser to approve Ordinance 1501-0000 as presented bv Mr. Sabo with conditions listed in SCUP. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter Nays: None Abstain: None 11. Council to consider approval or other action regarding adopting an ordinance implementing Policeman Civil Service under V.A.T.s. 1269m; which has since been codified into V.A.T.S. Local Government Code Chapter 143. Chief Richard Reffpresented summary and recommendation and answered and answered Council's questions. Motion was made by Council member Moser to approve the agenda as presented. Second by Council member Engelken. Motion carried. Ayes: Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter. Nays: None Abstain: 12. Council to consider approval or other action regarding an Ordinance appointing positions to fill the remaining vacancies on Boards and Commission. Assistant City Attorney read: ORDINANCE 2004-2782-G - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Council Regular Meeting, Workshop Meeting and Public Hearing - June 13, 2005 Page 4 Motion was made bv Councilmember Moser to approve Ordinance 2004-2782 G appointing Terry Bunch as presented. Second by Councilmember Mosteit. The motion carried. Ayes: Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter Nays: None Abstain: None 13. Council to consider approval or other action regarding an Ordinance allow new applicant to sell beer and! or wine at Runway Grill Restaurant. Assistant City Attorney Clark Askins read: ORDINANCE 1001-0- AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION OF THE PREMISES MY BE SOLD; FURTHER PROVIDNG A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; ND PROVIDING FOR AN EFFECTIVE DATE. Motion was made bv Councilmember Rigby to approve Ordinance 1001 0 as presented by City Secretary Martha Gillett. Second by Councilmember Moser. The motion carried. Ayes: Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter Nays: None Abstain: None 14. Assistant City Manager John Joerns provided Mayor, Council and Staffwith a report of the Legislative Update. He informed Council a final report from TML was received and a copy will be placed in the mail box. The following legislative bills were discussed: A bill placing fees on Municipal Courts to be returned to the State of Texas. The disclosure of certain information of Council members relating to purchasing/conflicts.. Civil Service bill whereby members may serve consecutive terms. Weapons bill allowing certain weapons to be used on large acreage. Developers costs and burden of proof on cities. Pocket bikes prohibited on public streets. Bill on 4B for cities under 20,000 in population. 15. Wayne Sabo provided Mayor, Council and Staffwith a report of the Large Lot Town Hall Meeting held on June 9, 2005. 16. Close Regular Meeting and Open Workshop at 7:19 p.m. 17. A. Tommy Moser, Chuck Engelken and Mike Clausen discussed swimming pool operation hours, rentals, fees and maintenance City Council Regular Meeting, Workshop Meeting and Public Hearing - June 13,2005 Page 5 Motion was made by councilmember Moser to table this discussion until a future meeting when Council member Clausen will be present. Second by Tommy Moser. Motion carried. B. Cynthia Alexander discussed bond sale and calendar of events Closed Workshop and reconvened Regular Meeting at 7:23 p.m. 18. Administrative Reports Assistant City Manager John Joerns reminded council of the Reception honoring Naval Shipmates June 15,2005 at City Hall Council Chambers, Sylvia Garcia Breakfast June 16, 2005 at Sylvan Beach Pavilion and the Juneteenth Parade June 18, 2005. 19. Council Comments Mosteit, Engelken, Rigby, Moser, Beasley and Mayor Porter had comments. 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, 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- (LEGAL MATTERS) - DISCUSS PENDING OR CONTEMPLATED LITIGATION WITH CITY MANAGER AND CITY A TIORNEY - BAILEY VS CITY OF LA PORTE 551.073 - (GIFT OR DONATION) - DISCUSS A POTENTIAL GIFT OR DONATION T THE CITY WITH CITY MANAGER AND CITY ATTORNEY Council retired to Executive Session at 7:28 p.m. 21. There was no action taken during Executive Session 22. There being no further business to corne before Council, the Regular Meeting, Workshop Meeting and Public Hearing was duly adjourned at 8:03 p.m. ~;;;;:~ Martha Gillett, TRMC City Secretary Passed and approved on this 27th day of June 2005 ~[;~l)~ Mayor Alton E.p~A~ 13 -- -.-------.-.--.- --.------ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27 2005 Appropriation Requested By: C nthia Alexander Director of Finane N/A Department: FINANCE Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution 2005- Amount Requested: N/A Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION The City of La Porte intends to issue Certificates of Obligation Bonds for the following projects: Bayshore Water / Sewer Replacement up to $ 350,000 While preliminary work has begun on these projects, it is not desirable for us to issue debt at this time. However, because we are moving forward with construction and construction phase services, we recommend the City Council approve a resolution that allows the City to reimburse itself from future bond proceeds for expenditures that are made prior to the issuance of the debt. This is a position that we have taken on several other projects in the past as recommended by bond counsel and required by federal law . The attached resolutions give us the option to reimburse ourselves from future bond proceeds for certain costs associated with the above-mentioned projects. This action will allow the City to reimburse the Utility Fund to improve its financial condition as we have been drawing down the fund balance. Recall that during last year's budget discussions we noted that this year Council would be presented with a new utility rate model, with proposed increases, for your consideration. Action Required bv Council: Approve resolutions declaring intention to reimburse certain expenditures with borrowing proceeds. 6~~!ocr Date I' I RESOLUTION NO. 2005- IV RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning, acquisition, construetion, equipping, and/or renovating the project or facilities described as the Bayshore WaleI' ,I Sewer Replacement project (the "Project"). WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date or issuance of sllch obligations: and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such. chooses to declare its intention, in accordance with the provisions of Seetion I. I 50-2 of the Treasury Regulations, to reimburse itsel l' for such payments at sueh time as it issues obligations to finance the Project. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section I. This Resolution declares the intent of the Issuer (0 reimburse the expenditures for the Project with the proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under Tl'\as law, the il,terest on which is excludable from gross income undcr Section I O~ or the Internal Revenue Code ,,1' I 0S6, as <lmended. Section 2. The Issuer reasonabl~i e\pects to incur debt. in one or more scries of obligations, in an aggregate maximum principal amount now expected to be equal to 5350.000 for the purpose of paying the costs orthe Project. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than] S months after the date of the original expellditure is paid or the date the Project is placed in service or abandoned, but in no event morc than thrce years aner the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer have certified that at least five years are necessary to complete lhe Project in which event the maximum reimbursement period is five years after the date of the original expenditure. Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 or the TreasUl'Y Regulations and evidences its intentions under Article 7l7k-6. Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law and federal income tax law in the issuance of tax-exempt obligations for the Project. PASSED AND APPROVED this the 27lh day of June 2005. V::t7~ Alton Porter, Mayor ATTEST APPROVED: t.fll ~4J 114d/ City Secretary ~-r~~ City Attorney c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June S? ~ Requested By: S. Gillett ~ Department: Public Works Appropriation Source of Funds: UTL897 Account Number: 003-9890-897-1100 Report: Resolution: Ordinance: XX Amount Budgeted: $J50,OOO Exhibits: Ordinance Amount Requested: $269,96320 Exhibits: EDl!ineer's Recommendation Budgeted Item: YES Exhibits: Rid Tahulation The FY 2004-2005 Utility CIP Fund included the replacement of water and sewer lines along Bayshore Drive, near Sylvan Beach. The Project is a continuation ofthe systematic replacement of utilities within the older sections of the City. The Project, designed by Freese & Nichols, Inc., received bids on June 13, 2005, with three (3) bids received. Low bid was submitted by Insituform Technologies, Inc. in the amount of $257,108.20. Completion date is 90 days after receipt of notice to proceed. A total of $300,000.00 was budgeted for construction of this Project References were provided, and checked by the Engineer. The Engineer recommends award to Insituform Technologies, Inc. for the bid amount. ~rr ~ ~Wc. Cb~Iir.a.c:1; ~Dd.J,Ze- <>,i> 1/'2~~ Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with Insituform Technologies, Inc. in the amount of $257,108.20 for the construction of the Project, and authorize $12,855.00 for contingency. Approved for City Council Aeenda 6/6f~ Dati ORDINANCE NO. 2005- ~g.30 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND INSITUFORM TECHNOLOGIES, INC., FOR THE CONSTRUCTION OF THE BAYSHORE DRIVE UTILITY PROJECT, APPROPRIATING $257,108.20 PLUS A CONTINGENCY OF $12,855.00, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $257,108.20 plus a contingency of $12,855.00, from Fund 003, Project Number UTL897, to fund said contract. Section 2. 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 27th day of June, 2005. By: CITY OF LA PORTE ~~~~ Alton E. Porter Mayor ATTEST: vfI!~ Mareha A. i lett City Secretary /.1/ a) /,/ , IV(>{~ , Knox W. Askins City Attorney APPROVED: 2 Freese and Nichols, Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com June 15, 2005 FNI04-346 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Re: Bayshore Drive, Water and Sanitary Water and Sewer Line Replacement Dear Steve: On June 13,2005, three (3) bids were opened for the referenced project. Bids were checked and tabulated. The low bidder is Insituform Technologies, Inc. with the total base bid of $257,108.20. Enclosed are ten (10) copies of bid tabulation sheet. Based on the Company's reputation and references, Insituform Technologies, Inc. is a responsible and responsive company with experience in this type of work. Therefore, we recommend award ofthis contract to Insituform Technologies, Inc. We are looking forward to the successful implementation of this project. Please call me if I can be of service to you. Sincerely, ~~L.S Senior Project Manager Enclosure: T.LPT04346Gillett3Itr BIDTABULA"fION ern OF t.A PORTE BAYSHORE DRIVE - WATER AND SANITARY SEWER LINE REPLACEMENT BID NO. 05024 Bids Opened: 06--13-05 Prepared By: Freese & Nichols, Inc. FNI No, 04-346 SECTION -A" - WATERLINE!: ITEM BID NO. ITEM DESCRIPTION UNIT QUANTITY 1 Right-of-Way Preparation For Wa!eOOe LS 1.0< 2 Traffic Control For Waterline Construction LS 1.0< S" PVC. (C 900 DR.1S), Waterilna,lncludlng 1,471.0< excavation, bedding, & backfll.l.llg n open CUI LF 4 S- PVC (C 900, DR-1S) Walerline In Uncased '48.0< Bore Hole LF sla- PVC (C-900, OA-1B) Waler.,e W'lCludklg - 40.0< excava.tion, beddng and backflllW'lg In open cut LF 6 - PVC (C900, DA-1S) Waterline kl uncased borehole LF 205.0 74" PVC (C-900, DR-1S) Walerline Including 200.0< excavation, bedding, & backfilling ill open cut LF S Fire Hydrant with 6' PVC lead (W) EA '.0< 94" G. V. wI Box (MJ) EA 12.0C 10 6"G. V.w/Box (MJ) EA 6.0< 11 "0. V. w1Box(MJ) EA W 12 S" 90- Bend (MJ) EA 2.0< 1 4"111/4" Bend (Ml) EA 18.0< 14 8"x S"x 6" Tee (Ml) EA 6.0< 15 8" x 6" Reducer (MJ) EA 2.0< , " x 2' Reducer IMJ) EA 8.0 17 l' poly service lWle lneludW'lg bore under the 1.0< road and tie-in 10 existing meter (/orIg side) EA 11 1" Poly service line and tie-In to existing meter (shorlside) EA 3.0 1 E TIe-in 10 existflg 8' wa.terline EA 1.0< 2l Tie"*' to existing 6" waterline EA 2.01 21 Tie-in to existing 4' waterline EA 6.0< 22 ie-in to existing 2" waterline EA 8.0< 23 Remove existing fire hydrant and valve and 5.0< plug the line EA 2 Trench Safety LF 1,800.0 25 Flller Fabric Fence (1nstaR & Remove) LF 650.0 26 !construction Exit (Type 1) (Install & Removel SY 200.0< 27 Complete Site Restoration ..eluding Clean Up, Seeding, Sodding, pavl'lg as necessary LS 1.0 SUBTOTAl SECTION -A- 1 Insituform Technologles,lnc, UNIT PRICE AMOUNT $3,000.0< $3,000.00 $300.00 $300.00 $35.00 !li51 485.00 $3.5.n1 1.19180.00 "'?'" $1 680.00 $41.00 $8 405.00 $41.00 $8 200.00 $2,250.00 $11 250.00 $400.00 S4 800.00 510.00 $3 060.00 $760.00 $5,320.00 $175.00 $350.00 $100.00 $1,800.00 $240.00 $1 440.00 $18Q.nl $360.00 $160.00 $1,280.00 $1 000.0 $1 000.00 '700.00 $2 100.00 $1500.00 $1 500.00 $1 500.00 "000.00 $1000.'" $6 000.00 $800.00 $6 400.00 '280.00 $1 400.00 $0.01 $18.00 $1.00 $650.00 $20.00 S4 000.00 sa,800.oo $8 600.0 $156,578.00 2 Horseshoe Costructlon, Inc, UNIT PRICE AMOUNT $5 000.00 $5 000.0 $5,000.00 $5,000.00 $38.00 $55898.00 $45.00 $24 660.00 $38.01 $1520.0< $40.00 $8 200.00 $40.00 $8000.00 $2 200.00 $11 000.00 $400.0< $4 BOO.(J( $500.00 $3000.00 $850.00 $5 950.00 $175.00 $350.00 '50.00 $900.00 $120.0l $720.00 070.00 $140.00 $40.00 $3W.0< $750.00 $750. $57'.0< $1 725.00 $600.00 $600.00 $600.00 $1 200.~ $500.00 .3000.0< $400.00 1.3 200.00 $500.0< $2 500.00 $3.00 $5 400.00 $4.50 $2,925.0< $10.00 $2 000.00 $5,000.00 $5 000.0< $163,758.00 3 Troy Construction, L.L,P. UNIT PRICE AMOUNT $1,200.00 $1 200.00 $1,200.00 $1 200.00 $66.00 $97 086.00 $95.00 $52,060.00 $65.00 $2,600.00 $76.00 >tiS 580.00 $56.00 $11 200.00 $1 956.00 $9 700.00 $492.00 $5 904.00 $624.00 $3,744.00 $960.00 $6720.00 $924.00 $1 848.00 $96.00 ~1 728.00 $600.00 $3 600.00 $360.0 $720.00 $180.00 $1 440.00 $960.00 $960.00 $600.00 $1 800.00 $1,668.00 $1568.'" $1 596.00 $3,192.00 $1 248.00 $748S.00 $1 152.00 $9216." $1,400.00 $7000.00 $1.00 $1800.00 $2.00 $1 300.00 $18.00 $3,600.00 $3 000.00 $3000.00 $257,434.00 ITEM BID NO. rrEM DESCRIPTION UNIT QUANTrrv 1 Right-of-Way Preparation For Sewer Line LS W 2 TraffIC Control For Sewer Line Construction LS ..0< ~ 10' HOP Pipe through Existing 8" Clay Sanitary Sewer Une by Pipe BurstKlg Insertion Method, Including Tie..., to Existing MH, 1..55.0< comlete, In place LF 4 S" HOP Pipe through Exlstilg 8" Clay Sanitary 100.00 Sewer Une by Pipe Burslng Insertion Method LF 5 Remove and Replace Existing S" Sanitary Sewer Line wlSDR-26 Gravity Sewer Line 20.00 {6'-8' Deep) LF a TIe-in 10 Existing 8" Sanitary Sewer Line with 2.0< High Pressure Clamp EA 7 By-pass Pumping, as necessary, As Directed "0< by Engineer LS a Trench Salety LF 20.0 9 Complete site restoration .,cludlng clean up, 1.0< seeding, sodding and paving as necessary LS 10 4' Sanitary Sewer Service Reconneclion 5.0< (Short Side) EA SUBTOTAL SECTION "S" SECTION .C' - EXTRA WORK To be done where authorized by the Engineer and In quantities 10 be authorized. Contractor shan provide unit prices ONLY lor this Section. ITEM BID I NO. rrEM DESCRIPTION UNIT QUANTITY 1 Extra Labor (unSkilled) ManHr .- - I 2 Extra Labor (skilled) ManHr -- ...- 3 Extra Excavation (machine) CY .... -- 4 Extra Cemenl Slabnlzed Sand BackflU CY -.. .-. 5 Extra Ductile Iron Fittings, aM classes and sizes, In place TN ..- ..- SUBTOTAL SECTION .C" BID SUMMARY SECTION "A. SECTION "B" SECTION .C. TOTAL BASE BID UNIT PRICE AMOUNT $2,600.00 $2,600.00 $300.00 $300.00 $36.00 $70 380.00 $34.00 $3400.00 $140.00 $2 600.00 $1 500.00 $3,000.00 $100.00 $100.00 $0.01 $0.20 $2 750.00 $2,750.00 $1 000.00 $5,000.00 $90,530.20 1 Insltuform Technologies, Inc. UNIT PRICE AMOUNT $16.00 -- .- $25.00 - --- $6.00 -.-- ---- $25.00 --- .... $1,000.00 .--. $10,000.00 $156,578.00 $90,530.20 $10,000.00 $257.108.20 _...oo.;..o;;:~,~,. /?:"J:"1L":"'h...tt.';-"~ ; .il . \\..\ & ., - .~...,.".. f.. f. ~.:....:si.ii~t.D~~~ '''1 " ."~.)......"'."""" ;0:1 ~':1~", ~3233 <3'/!tt~ ",.()"".tf~C;lo,.<.'?;..jN.I /' UNII PAICE AMOUNT $5,000.00 $5,000.00 $5 000.00 $5 000.00 $42.50 $83,087.50 $65.00 $6 500,00 $150.00 $3,000.00 $750.00 $1,500.00 $1,000.00 $1 000.00 $25.00 $500 .00 $5 000.00 $5 000.00 $950.00 $4 750.00 $115,337.50 2 Horseshoe Costructlon, Inc. UNIT PRICE AMOUNT - ..-- ---- .... ..- --. .- -.. -.. $10,000.00 $163,758.00 $115.337.50 $10,000.00 $289.095.50 V'''' PRICE AMOUNT $2 400.00 $2.400.00 $1 800,00 $1800.00 $46.00 $89,930.00 $37.00 $3 700,00 $68.00 $1,360.00 $240.00 $480.00 $600.00 $600.00 $10.00 $200.00 $600.00 $600.00 $588.00 $2940.00 $104,010.00 3 Troy Construction, L.L.P, UNIT PRICE AMOUNT $27.00 - - $35.00 --- -.- $35.00 -- -- $50.00 -.. -.- $2,500.00 .... -- $10,000.00 $257,434.00 $104,010.00 $10,000.00 $371 ,444.00 o -------------. REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: uf- Aoorooriation Agenda Date ReqUested:.. 6/27/05 ~ D Wilmore ~ Source of Funds: N/A Department: PlaDDiDM Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Recommendation Memo from Board Amount Requested: Exhibits: Ordinance #96-2079-F Budgeted Item: YES NO SUMMARY & RECOMMENDATION In April 2005 staff was advised that the State had decided to mandate adoption of the 2005 Ed. of the National Electrical Code (NEC) for implementation effective July 1, 2005. The Building Codes Appeal Board began review of the new code edition; however, they were unable to meet in April and May. At their June 2, 2005 meeting, the differences between the 2002 and 2005 editions were discussed and they requested that staff forward their recommendation to Council for consideration at the June 27, 2005, meeting. Although the Board did not have an opportunity to review the local amendments, their recommendation (see attached memo) was to adopt the 2005 NEC while leaving the "existing" local electrical amendments in place. The Board plans to discuss and possibly take action in regards to the local amendments at their next scheduled meeting ofJuly 14,2005. In accordance with past practices, ordinances adopting new editions of construction codes have included a passage date with a later implementation date. Previous implementation delays have been from 60-90 days. The ordinance presented for Council's consideration this evening includes a sixty (60) delay. This will allow for mail notification to electrical contractors as well as required amendments to handouts for the public, staff paperwork and the city web site. Staff is requesting this item be placed on the consent agenda. Action Required bv Council: Consider accepting the Building Codes Appeals Board recommendation and pass the ordinance adopting the 2005 NEC with an implementation date of September I, 2005. r1~w Df Memo CC: Honorable Mayor and City Council Mr. T~ampbel~ Chairman of the Building Codes Appeals Board All Building Codes Appeals Board Members Debbie S. Wilmore, Chief Building Official 6/14/2005 Adoption of the 2005 Ed. of National Electrical Code To: From: Date: Re: The Texas Department of Licensing and Regulation (TDLR) has identified their plan to mandate State adoption of the 2005 version of the National Electrical Code (NEC) for implementation effective July 1,2005. At our June 2, 2005 meeting, Board members had an opportunity to discuss the differences between the 2002 and the 2005 editions of the code and are now recommending that City Council adopt the 2005 Edition while leaving the "existing" local electrical amendments in place without changes. Past practices have included typical implementation delays of 60-90 days so we have directed staff to prepare an ordinance that identifies sixty (60) day implementation period or an effective date of September 1, 2005. This would allow staff to update handouts for the public, staff paperwork as well as the city's website. In regards to the "existing" local electrical amendments, we have requested additional information from staff and plan to discuss and possibly take action on those amendments at our next schedule meeting of July 14, 2005. Our recommendation on those amendments will be forwarded to Council at a later date. Members of the Board plan to be at the June 27, 2005 meeting and will be available for questions. Thank you for your consideration. ORDINANCE NO. 96-2079-F AN ORDINANCE ADOPTING A NEW EDITION OF THE ELECTRICAL CODE BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV "ELECTRICAL CODE" DIVISION 5 STANDARDS, SECTION 82-336 NATIONAL ELECTRICAL CODE - ADOPTION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article IV, "Electrical Code" Division 5 Standards, Section 82-336 "National Electrical Code - Adoption, of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: DIVISION 5. STANDARDS Sec. 82-336. National Electrical Code - Adoption. (a) The National Electrical Code, 2005 Edition, is hereby adopted as the regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, except for the amendments adopted in Sections 82-337 through 82-350. (b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail. (c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in Appendix B. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Ordinance #96-2079-F Page 2 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 4. This Ordinance shall be effective sixty (60) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof PASSED AND APPROVED this th:J.'1fI-day of ~ CITY OF LA PORTE , 2005. By ~~l=>~ Mayor ATTEST: ~1!1..\ City Secr ary Page 1 of 1 Wilmore, Debbie From: Wilmore, Debbie Sent: Thursday, July 07,200510:55 AM To: Harris, Sharon Cc: Gillett, Martha; Huber, Mark; Sabo, Wayne Subject: NEC Code Book Sharon, We have the CSO's Vault copy of the newly adopted 2005 Ed. Ofthe National Electrical Code (NEC) that was adopted by Ord. #96-2079-F. Sherry will deliver to your office this am. Thanks, Debbie 7/7/2005 E REQUEST FOR CITY COU DA ITElYI Agenda Date Requested: June 13 2005 Appropriation Requested By: Cynthi:l AII'XlIIlfIl'r, Asst City M:lJ' > Source of Funds: Bond Issue Amount Budgeted: Amount Requested: Department: FIN A NCF Report: Resolution: Ordinance: xx Budgeted Item: YES NO Exhibits: Contract Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City issued Requests for Proposals for Bond Counsel on May 2, 2005. Four proposals were received On June 15, 2005, interviews of 3 firms were held by a select panel of staff members and two Councilmembers from the Fiscal Affairs Committee. The field was narrowed by staff, Andrews Kurth was unanimously selected by the panel based on their years of existence and their expertise in municipal government. The City appreciates the size of the firm, and the qualifications and availability of professional personnel assigned to assist us with bond issuance, and the success the firm has achieved with innovative and creative financing. The fees for each issue of Obligation vary. The City is anticipating issuing a $10,000,000 million dollar bond which will cost $10,000 dollars. At this time, staff recommends we proceed with the terms set forth in the contract for sixty months with an option for automatic renewal for another term. Action Required bv Council: Approve Ordinance authorizing agreement with Andrews Kurth for bond counsel services. Approved for Citv Council Agenda Date rQ/tJ~ I ORDINANCE NO. f.Do!J"- 0183/ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ANDREWS KURTH LLP. TO SERVE AS BOND COUNSEL FOR THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 3. This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the ~']II-day otfUn(, 2005. City of La Porte ~L?~ Alton Porter, Mayor ATTEST: ~ED Y'W &A~ ox Askms, City Attorney by ~r~ ArTIT. c/-ry ~rrV f ------------------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-27-05 Budl!:et Requested By: Source of Funds: Department: pglice Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution for V AL Grant Amount Requested: Budgeted Item: YES ~) Exhibits: Exhibits SUMMARY & RECOMMENDATION In February of 2002, the City of La Porte was awarded the Victims Assistance Discretionary Grant from the Office of the Attorney General. This grant was used to create the position of the Victims Assistance Liaison. The current grant period ends August 31, 2005. It has been determined that the continuation of this position would have to be grant funded. We would like approval to authorize the City Manager to submit for a continuation grant made possible through the Attorney General's Office. This grant, Victim Coordinator and Liaison Grant will be for a one year period, in the amount of $39,000.00 which includes salary and benefits. The City will have to absorb approximately $4,250.00 in its personnel operating budget to cover this position. The Victims Assistance Liaison position has proved to be an asset to the City as well as the Community. This program has inured the citizens of La Porte who have become victims of crimes, receive the assistance that they may need. Since September 2004, 291 victims have been served. Action Required bv Council: Authorize City Manager to secure a Resolution for the submission of the Victim Coordinator and Liaison Grant for further funding for the Victims Assistance Liaison position. A Date Cklo,s- f RESOLUTION f21X)S-1l **** WHEREAS, The City of La Porte finds it in the best interest of the citizens of La Porte, that this Crime Victim Assistance Liaison grant project will be operated for the 2006 Fiscal Year; and WHEREAS, The City of La Porte agrees that the entity will not use the existence of an Office of the Attorney General grant award to offset or decrease total salaries, expenses, and allowances that the applicant receives from the governing body at or after the time the grant is awarded; and WHEREAS, The City of La Porte agrees that in the event of loss or misuse of the Office of the Attorney General funds, The City of La Porte assures that the funds will be returned to the Office of the Attorney General in full. WHEREAS, The City of La Porte designates Debra Feazelle, City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves submission of the grant application for the Crime Victim Assistance Liaison to the Office of the Attorney General, Crime Victim Services Division. ~T: ~dILi( City ecretary 11?!ROVED: V ~~; \~ Mayor, City of La Porte C ;l (c,_..--' ATTORNEY GENERAL OF TEXAS GREG ABBOTT August 24, 2005 RE: Victim Coordinator and Liaison Grant (VCLG) 06-01614 La Porte Police Department Rece'.VED APR 1 3 2006 CITY seCRETARY's "'2~I\ - ) OFFICE ''J. Pf/'- d' o Ms. Debra Feazelle 604 W. Fairmont Parkway La Porte, TX 77571 Dear Ms. Feazelle: Congratulations on receiving funds for the important mission of assisting crime victims. Enclosed you will find important information regarding your award. I am constantly reminded of the need for victim services as I travel the state and meet with victims and advocates. Victim services remain a priority in my administration. As this fiscal year closes, we are providing a record amount of compensation dollars and doing so with compassion and efficiency. Weare fortunate that with the backing of victim advocates from all disciplines, we were able to secure continued funding from the Texas Legislature for essential victim services, and we are grateful to the Legislature for their support. With dwindling public and private funding, it is even more important that we work together in finding creative, collaborative solutions to ensure that victims receive much needed aid. Our partnership with you and organizations like yours is vital. I look forward to working with you and to hearing reports of your success. ~ Greg Ab Attorney General of Texas SE? 0 6 2005 1-; POST OFFICE Box 12548, AUSTIN, TEXAS 78711-2548 TEL: (512)463-2100 WEB: WWW.OAG.STATE.TX.US An Equal Employment Opportunity Employer' Printed on Recycled Paper o ATTORNEY GENERAL OF TEXAS GREG ABBOTT STATEMENT OF GRANT AWARD Grant Number: Grantee Name: Grant Period: Grant Program: Program Fund: Award Amount: 06-01614 City of La Porte Police Department 9/1/2005 - 8/31/2006 Victim Coordinator Liaison Grant (VCLG) Compensation to Victims of Crime Fund No. 469 $39,000 APPROVED BUDGET: The attached budget is approved for VCLG funding through the Office of the Attorney General (OAG). This grant is subject to and conditioned upon acceptance of the rules and regulations set forth in Title I Tex. Admin. Code, Chapter 60, Subchapter A-F. Applicable special conditions, if any, are cited at the end of this document. Total project costs nmst be accounted for in accordance with the following: Governor's Office of Budget and Planning, Uniform Grant Management Standards (btto ://www.Qovemor.state.tx.us/divisions/stateQrants/ Quid eli nes/files/UGMS062004.doc and The rules and regulations referenced above. GRANTEE REQUEST FOR REIMBURSEMENT: All grantee requests for reimbursement shall be submitted to the Office of the Attorney General, to the attention of the Crime Victim Services Division, Grants and Contracts Section. Payments made pursuant to this grant shall be for reimbursement of costs on a monthly basis. Grantee agrees to use the OAG approved Invoice Form and Financial Status Report Form to make reimbursement requests. Reimbursement will not be made without requisite documentation or until all special conditions outlined on the Statement of Grant Award have been satisfied REIMBURSEMENT: Reimbursement is conditioned on: (1) Grantee's strict compliance with all applicable rules, regulations, policies _ and procedures promulgated by the Office of the Attorney General; (2) Grantee's performance according to the Grant Application Project Results (which is incorporated herein by reference); and (3) subject to available appropriations. GRANT ADJUSTMENTS: Grantee shall submit written requests for grant adjustments to the Office of the Attorney General, to the attention of the Crime Victim Services Division, Grants and Contracts Section. City of La Porte Police Department, Grant # 06-01614 Grant Number: Grantee Name: 06-01614 City of La Porte Police Department SPECIAL CONDITIONS/REQUIREMENTS: Contact your grant manager to discuss methods by which you will report on the match included in your application. Revise/adjust FY 06 performance targets for this grant project as directed and approved by your grant manager. AIl special conditions must be met bv September 30. 2005 in order to maintain compliance with the terms of this I!rant. Note: The grant recipient, by the acceptance of this grant, agrees to expend grant funds only for, and in compliance wit 'Article I, Section 31 of the Texas Constitution, and with the Texas Code of Criminal Procedure, Chapter 56.. _ ~ ~ ~ "". -2 1!:r't<fJ r') Y- .25> d~ Attorney General or Designee ,'.. """'-/ City of La Porte Police Department, Grant # 06-01614 o ATTORNEY GENERAL OF TEXAS GREG ABBOTT GRANTEE ACCEPTANCE NOTICE Date: Grant Number: Grantee: Grant Period: Grant Program: August 22, 2005 06-01614 City of La Porte Police Department 9/1/2005 - 8/3112006 Victim Coordinator Liaison Grant (VCLG) THIS ACCEPTANCE NOTICE MUST BE SIGNED AND RETURNED BY OCTOBER 15. 2005, TO THE FOLLOWING ADDRESS: Office of the Attorney General Crime Victim Services Division - MC 005 300 W. 15th St., 15th Floor Austin, Texas 78701 Attn: Grants and Contracts Section AN APPLICANT'S FAILURE TO PROVIDE THE GRANTEE ACCEPTANCE NOTICE TO THE OAG BY OCTOBER 15, 2005 WILL BE CONSTRUED AS A REJECTION OF THE GRANT AWARD, AND THE OAG MAY DEOBLIGATE FUNDS. The authorized sie:nator and the erant contact for this grant project must read the following. The authorized signator must indicate agreement by signing this acceptance notice below: By signing this agreement, the authorized signa tor for the grantee accepts the grant award. * The authorized signator and grant contact agree to the terms of the grant. These terms include that the grantee will abide by Title 1 Tex. Admin. Code, Chapter 60, Subchapter A-F and the Governor's Office of Budget and Planning, Uniform Grant Management Standards (btto: Ilwww.aovernor.state.tx.us/divisions/statea rants/auidelines/fi les/UGMS062004 .doc). The Governor's Office of Budget and Planning, Uniform Grant Management Standards and Title 1 Tex. Admin. Code, Chapter 60, Subchapter A-Fare incorporated herein by reference. * Funds may not be expended on grants to organizations that make contributions to campaigns for elective office or that endorse candidates. * The authorized signato! and grant contact agree that grant funds will not be used to influence the outcome of any election, the passage or defeat oflegis1ation, or the funding of any grant. * It is understood that a violation of any term of the grant will result in the Office of the Attorney General placing a temporary hold on grant funds, permanently deob1igating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the grantee from receiving future funds. * The authorized signator and grant contact understand that they must satisfy all special conditions placed on this grant before receiving any funds. (See Statement of Grant Award for Special Conditions). * Grantee understands that acceptance of funds under this contract, acts as acceptance of the authority of the OAG, the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the OAG, the State Auditor's office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. Grantee will reimburse the State of Texas for all costs associated with enforcing this provision. City of La Porte Police Department, Grant #: 06-01614 FY2006 Detail Budget, GAG Crime Victim Services Division Victim Coordinator Liaison Grant Grantee: City of La Porte Police Department Grant/Contract #: 06-01614 Grant Award Amount: $39,000 County: Harris City: La Porte Grant Period: September 1, 2005 - August 31, 2006 Budget Summary: FY06 OAG Use Only Total FY 06 (9/1/05 - 8131/06) Award Salary Crime Victim Assistance Liaison $31,223 $31 ,223 $0 $0 $0 Salarv Total $31,223 $0 $31,223 Frinae Crime Victim Assistance Liaison $7,777 $7,777 $0 $0 $0 Frinae Total $7,777 $0 $7,777 Professional & Contractual Services $0 $0 $0 Professional & Contractual Services Total $0 $0 $0 Travel OAG Conference $0 OAG Training $0 Other In-State $0 $0 $0 Travel Total $0 $0 $0 Equipment $0 $0 $0 Eauioment Total $0 $0 $0 Supplies $0 $0 $0 $0 Suoolies Total $0 $0 $0 Other Direct OlJeratina Expenses $0 $0 $0 Other DOE Total $0 $0 $0 Total Budget $39,000 $0 $39,000 Note on Designated Officials: The Authorized Signator and the Grant Contact may not be the same person. It is the responsibility of the grantee to notify the OAG of any changes in grant officials. The Authorized Signa tor signs the acceptance notices. The contact information for the grant contact needs to be filled out below, but the grant contact does not sign e acceptance notice. ~ tv {l" SIGNATURE of Author' Debra B. Feaze11e Name (Printed) city Manaqer Title (Printed) 304 West Fairmont Pky. Address La Porte, TX 77571 City, State, Zip 281-471-5020 Phone Number with area code 281-471-7168 Fax Number with area code feaze11ed~laportetx.gov E-mail address PLEASE FILL OUT THE FOLLOWING INFORMATION FOR THE GRANT CONTACT. THE GRANT CONTACT DOES NOT SIGN THE ACCEPTANCE NOTICE. GRANT CONTACT: Steve Deardorff Grant Contact Name Lieutenant Title of Grant Contact 915 South 8th Street Address La Porte, TX 77571 City, State, Zip 281-471-3810 Phone Number with area code 281-470-1590 Fax Number with area code deardorffs@laportetx.qov E-mail address City of La Porte Police Department, Grant #: 06-01614 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 27. 2005 ,A' ,.r{J La, f~' Requested By: Bert Clark Vl'1 f" ,,,V Department: Parks & Recreation Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: P&Z Staff Report Ordinance 1501- Amendments to the Ordinance SUMMARY City Council directed staff to conduct a review of the existing development conditions and future development strategies relating to tree preservation and other beautification efforts towards implementation of Tree City (TC) and Keep Texas Beautiful (KTB) projects. Staff with the guidance from the Planning and Zoning Commission reviewed proposed amendments to the Zoning Ordinance (Chapter 106). After a workshop, public hearing and finally at the May 19, 2005, meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendments related to tree replacement, protective fencing, and visibility triangles to be included in Chapter 106 (Zoning). Currently, Section 106-801 of the Ordinance requires that any native tree within 15 feet of the street right-of-way (ROW) line or easement line abutting front yard or within ten feet of street right-of-way line or easement line abutting required side yard with a trunk exceeding six inches in diameter at a point 18 inches above the natural ground level, should not be removed or destroyed until the City representative declares it hazardous to pedestrian or vehicular traffic. In addition, a person desirous of developing the property shall obtain a clearing permit from the City. A base permit fee is $20.00. Such permit would, in fact, allow clearing of buildable areas only. The intent is to encourage the preservation of existing large trees on the development tracts but the current provisions in the Zoning Ordinance lack any requirements for replacement trees. A provision for tree replacement is introduced. In the case of removal or damage to a native tree, tree replacement of one or more newly planted trees is proposed. A tree must comply with the recommended tree list of the City. The enforcement officer shall determine the type and number of replacement trees. Protective fencing is a tool which can protect existing healthy trees being damaged during construction period. A separate fence permit will not be required for construction of a fence in this case. To deal with the abatement of trees obstructing the stopping sight triangle at various points in the City, the enforcement officer will ensure that there is no violation of the provisions relating to visibility triangles. Section 316.009 of the Texas Transportation Code does not impair the right of a municipality or other person to abate an unlawful obstruction or use of a municipal street. It is staff s opinion that the above measures will protect urban environment of the City from unreasonable harm during development and predevelopment activities. It is further added that proposed amendments to the ordinance will enhance our chances of securing a Tree City status. Action Required bv Council: 1. Conduct a Public Hearing 2. Approve an ordinance amending Chapter 106 (Zoning) to add tree replacement, protective fencing, and visibility triangle provisions of the ordinances. Approved for City Council Ae:enda 'hi jv;r; Da~ I Staff Report May 19, 2005 Tree Preservation City Council has directed staff to assess existing development conditions and recommend future development strategies relating to tree preservation and other beautification efforts. Tree preservation can aid in the conservation of vital energy resources and the preservation of the City's heritage and quality of life. Trees are a valuable amenity to urban environment creating greater human comfort by providing shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare and noise level and providing more effective transition between different land uses. Staff discussed this item and made the following assessments based on the current provisions in the zoning ordinance: Existin2: Reauirements: Tree Preservation - Section 106-801 establishes the following prOVIsIons: a) It is the intent of this section to encourage the preservation of existing trees within the City and to prohibit their unwarranted destruction. b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of any street right-of-way line or easement line abutting the required front yard or within ten feet of any street right-of-way line or easement line abutting the required side yard within the City if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the Planning Director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Tree Preservation Page 2 on Criteria for issuance of clearing permits The Building Official shall issue a pennit if the request meets the following requirements: . Application - An application for the pennit must be filed by the owner of the property where the tree is located. . Tree in a poor condition, hazards, low value trees - The tree in question is diseased, severely damaged or dead, or the tree creates a hazard to human life or an existing building. . Tree is impediment to proposed use of the subject site - The tree in question causes an unreasonable impediment for enjoyment of the property. These are requirements for tree protection when any development or improvement work is being done on a property. The person desirous of developing or improving the property shall obtain a clearing permit, which would allow clearing of buildable areas only. The purpose of this section is to encourage the preservation of existing large trees on the development tracts but no provision for replacement trees. Recommended Requirements: Tree Replacement - The removal or damage to a native or protected trees shall require tree replacement of one or more newly planted trees on the same subject site. The owner/developer shall plant and maintain such replacement trees in reasonable proximity to the subject site. The enforcement officer shall use reasonable or best efforts to determine the type and number of replacement trees. Minimum Size. Replacement trees must have a trunk diameter of at least two inches measured six inches from the ground. Qualified trees. A tree must comply with the recommended tree list "native or protected" of the City. Standard of review. The enforcement officer, designated by the Director of Parks & Recreation, shall use reasonable or best efforts to determine the type and number of replacement trees required to minimize any undue burden on the owner/developer. Trees in street areas. The enforcement officer must confirm there are no visibility concerns in the street area prior to issuing a pennit. Tree Preservation Page 3 on Protective Fencing - The existing healthy trees to be retained will be protected from damage during construction at the drip line of the tree by using orange construction fencing. A separate fence pennit will not be required for construction of a fence in this case. This area should not be used for trash or storage area. Visibility Triangles - The enforcement officer will ensure that there is no violation ofthe provisions relating to visibility triangles. The owner/developer shall maintain all trees and plants on the property. If any tree, shrub or ground cover plant should die, the owner shall replace these plants. Any major modifications to the replacement plan must be approved by the enforcement officer. Conclusion: Based on the above, tree preservation provisions of the current ordinance are adequate but a tree replacement along with protective fencing and visibility triangle ordinance, should be introduced or added to the current regulations. Tree replacement will protect urban environment of the City from unreasonable harm during development and pre-development activity. Actions by the Commission: . Recommend approval of the amendments to the ordinance, . Recommend denial of the above amendment to the ordinance, · Continue discussion at the next meeting to allow further study of the item. This results in tabling any action on this item. ORDINANCE NO. 1501-JiS' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, PERTAINING TO TREE PRESERVATION, PROTECTIVE FENCING REQUIREMENTS, AND VISIBILITY TRIANGLES, BY ADDING SECTION 106-802, TREE REPLACEMENT; SECTION 106-803, PROTECTIVE FENCING; AND SECTION 106-804, VISIBILITY TRIANGLES; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 1 th day of February 2005, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on February 17, 2005, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. However, the action was delayed until further information was received on the matter. During a regular meeting on May 19, 2005, the Planning and Zoning Commission heard the item again. The City Council of the City of La Porte is in receipt of the written ORDINANCE NO. 1501-1.2 Page 2 recommendations of the City of La Porte Planning and Zoning Commission, by letter dated May 20, 2005, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 13thday of June, 2005, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the Ordinance. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the zoning ordinance to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. / ORDINANCE NO. 1501- f2.) Page 3 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 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day o~ ,2005. CITY OF LA PORTE ~~y~ ALTON PORTER, Mayor By: ATTEST: By~Ad M R HA GILLETT, City Secretary ity Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of February, 2005, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to the tree preservation and consider additions to the zoning ordinance concerning requirements for tree replacement, protective fencing, and visibility triangles in the City of La Porte. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further iriformation. ~HtBrT' A THE STATE OF TEXAS A :..) COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING 77571 ~r~:t))\; ..... "':';'. ;.::::::;.;.;.:- ::;:;:;:;:::;::;.... .. .:mxn~}::~:,::;/.n:;;:r:\/}}:r{::.::::::.:::,::: '.,::.:,.,.~. .,.t\H:]tn)H:~:i;~~% . . ...:-:.;.;.:.:.:-:: ~tIL.. .............~ ........i..-re un R:\} , ,)ri1l::::( :::::D .,;<:t. '"," -:,:::.:?:::~:;):.::::\::::y:::::):)::H:::::::}tnHi:;:.::[:';:::Hj(:;;~>/ 281-471-1234 Fax: 281-471-5763 rcd the undersigned authority, on this date )peared Karolyn Kellogg, a duly authorized :ive of The Bayshore Sun, a semi-weekly A regular meet_imblished and generally distributed in the lng of the Planning and Porte, Harris County, Texas and who after Zoning Commission will sworn swears the attached notice was :~/;:Ofru::~in The' Bayshore Sun dated 01 /30/ 0 s~ upon the public . hearing items and to conduct other matters. pertaining to the CommissiOn. :tP ~ Citizens wishing ~- . b py 10 address the Commis- aJ sicn pro or con during the 110 9 public hearing wlll be re- quired to sign In before the meeting is convened. In accordance with the provisions of Sec- lion 106-.171 of the Code of Ordinances of the City of La Porte, and the provi- .... slons of the Texas Local ". Government Code. notice "'" is hereby. given that the La . Porte Plannlng and Zontng Commission will conduct a public healing at 6:00 P.M. on the 17th. day of Febru- ary, 2005..ln the Council Chambers of the Cily Hall, 604 West Fairmont Park- way, La Porte, Texas. The purpose of. this hearing Is 10 consider. . amendments to the Zoning Ordinance of the City of La Porte, per. Porte talning to the tree praser- H a r r i s vaticn and ider addi- tiOns \> z.ooi<<lQ o~-. exas nance ~ mlng requll'e- ments replace- ment. fencing. and 8$ in the City e. . .,' ',.. . .,.....,'.. ..,...,-,-.'............... ,'" . .. ........ .....--..,,'..-..-.. . ......,. 'Servillg.Th~Bi:iysii6J>e~tj;~a Since 1947' CiTY OF LA PORTE 5ubscribed before me this 3/~ , 2005. day of Martha Gillett Cily Secretary !: rS-tc'-l'yt avi-"'....,.,.-'-~ A quorum of City Council;~mgarner members may be present .1 c and participate in dlscus- l t y, T e x as sionS during this meeting. however, no actton will be . taken by Council. on Explres April 30, 2006 This facility has disability accommodations avsiJa- bIe. Requests for accom- modations or Interpretive seNkes at meetings should be made 48 hours prior to the meeting. Please contact City Secre- tary's office at (281) 471- 5020 or TOO Line (281) $.. ,t:XHIBIT .B City of La Porte Established 1892 May 20, 2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendments Dear Mayor Porter: The La Porte Planning and Zoning Commission, during a regular meeting on February 17, 2005, beld a public hearing to consider amendments to the Zoning Ordinance (Chapter 106), concerning requirements for tree preservation, tree replacement, protective fencing, and visibility triangles. The action was postponed until additional information to be provided to the Commission. On May 19, 2005, the Planning and Zoning Commission, by a unanimous vote, recommends approval of the Zoning Ordinance amendments related to tree replacement, protective fencing, and visibility triangles with deletion of the following statement; "The City may enter a visibility triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action". Respectfully Submitted, Pcif~ Pat Muston Chairperson, Planning and Zoning Commission c: Debra Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 E:)(h', brl C THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of June, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to the tree preservation and consider additions to the zoning ordinance concerning requirements for tree replacement, protective fencing, and visibility triangles in the City of La Porte. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. C~H1B1T' 'f) -~ I ! F, I~ ~..., '1': THESTATE OF~S IGOUNTY()FH~~~IS.; reet ji CITYOFLAP()~TE'?" ; 77571 jl ./....................,'W.\,. II No"nCE OF P8BLIO.. Ii '.HEARING../'> ;\'.H<ln~~~~~..~ !'~~ro~ri~,:~fc~ ..~ i of Ordinagces c>f~City .'. o! La Po , ~nd the provi-. 51 a T Local .... G .' lice . is here La . Po ity con- i duct I:l P lie hearing at . 6:00 P.M'.()f) Ihe13thday of > June..200S. in the ; Council Chambers of the jCily . Hail. 604. Wasl Fair- I monl f'lirkway, laPorte 1 Porte :T~xas'The pUrpose of Harr i s this hdearlng Is to cons~er rex a s am~n menls 10 the ZOning Ordlnli"ce of .tl'teCiIy o.f La {~~ti~j;\ti Bi(lsllre 281-471-1234 Fax: 281-471-5763 SUD ..... -.-:.:;.;\:::::::.-.:-."<.::>.:::-:::-:.:....{:::::.::\:;:.-:;."" 'Serving The Bilj/slioke':Jr/~ea Since 1947' ..ThisfadlitYhasdisabiJity. the undersigned authority on this date .8.ct:f)mf11Odatio~. aWl/la-. ' '. y.ble..ftequ~s~fpraG'cOI1l-1ppeared Karolyn Kellogg, a duly authorlzed ,\\)jJoc!atiOlJs.;otj2t~rpf~tive 1 ti ve of The Bayshore Sun, a semi-weekly :,rv;:;be;,ri~T8~=. published and generally distributed in the priOrtothelTleetiri9" 1 Porte, Harris County, Texas and who after !....P;....1e.a.s.econ.......tact.....c. ity........s......ec........re......-....,.. f sworn, swears the attached not~e was '\'. tary'S office at (281) 471~' h h d d r- - / ..- i50200rTDD Line (281j ~n T e Bays ore Sun ate O..=:>;;?S 0...:> 1471-5030 for further infor- . marion.'. . . swc;z and subscribed before me I ~<--'- , 2005. ,~~.~~ this ;'a:T day of Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 ~, (+:xHIBIl ~ ZONING (Draft Ord) S 106-801 Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of any street right-of-way line or easement line abutting the required front yard or within ten feet of any street right-of-way line or easement line abutting the required side yard within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Sec. 106-802. Tree Replacement. (a) Number of replacement trees Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site (b) lvlinimul1l size. Replacement trees must normally have a trunk diameter of at least two inches measured six inches from the ground The enforcement officer may prescribe a propOliionally smaller trunk diameter for species of trees. (c) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the City. (d) Standard of review The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting fi"om this section. ~ \. ZONING ~ 106-804 (e) Trees ill street area. Betore authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area. the Building Official must be satisfied that TEX. TRANS. CODE, Chapter 316 has been complied with and also confirm there would be no violation of the provisions relating to visibility triangles Sec. 106-803. Protective Fencing. (a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected tree to be preserved must be fenced during development or pre-development activity. (b) Fence criteria. Unless the tree disposition conditions specify otherwise: 1) a six-foot or higher fence must sUlTound each protected tree or group of trees, preventing people, machinery, trash, material. and other items from occupying the area within the protective fencing. 2) The fence must be constructed of durable, highly visible materials suppoT1ed on poles firmly set in the ground. 3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. 4) The fence may incorporate existing fences or wans as well as temporary fencing. 5) Each fence must display a prominent warning sign. (c) Trash, storage prohibited It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. Sec. 106-804. Visibility Triangles. It shall be unlawful for any person to plant or maintain any plant or ground cover within a visibility triangle, if the plant has a height greater than three feet above the street gutter flow line. It shall be unlawful for any person to plant or maintain a tree, \vhich has branches or foliage within or above a visibility triangle at a height lower than fifteen feet above the street gutter flow line. The City may enter a visibility triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action Recommended Trees and Plants La Porte, Texas The following trees shall be approved as new plantings for streets, public right-of-ways, city parks, public and private property, and parking lots etc. All plants shall be grown in accordance with good horticulture practices and under climatic conditions similar to those of the site. Plants shall be typical of their species or variety and have normal habits of growth. The following list is not all inclusive. However, if a particular tree/shrub is desired, a letter of acceptance to the designated officer is required. D-Deciduous (sheds leaves annually) If placed on the south and west walls will reduce indoor temperature in summer by shading the roof and walls. In winter, these trees allow sunlight through to help heat the house. E-Evergreen (have green leaves through out the year) These trees can create a wind break ifplaced on the northwest side of the building. Shade Trees and Street Trees Common Name Botanical Name Live Oak Southern Red Oak Post Oak Chinquapin Oak Overcup Oak Shumard Red Oak Bur Oak Swamp Chestnut Oak Sawtooth Oak NuttalOak Monterrey Oak Water Oak White Oak Willow Oak Pecan Anacua Bald Cypress Cedar Elm Drake Elm Canary Island Date Palm Black Gum Sweetgum Sabal Palm California Fan Palm Chinese Pistachio Bloodgood London Planetree Black Hickory Sweetbay Magnolia Winged Elm D D D D D D D D D D D D D D D E D D D E D D E E D D D D D Quercus virginiana Quercus falcata Quercus stellata Quercus muhlenbergil Quercus lyrata Quercus Shumardii Quercus macrocarpa Quercus michhauxii Quercus acutseima Quercus nutallii Quercus polymorphe Quercus nigra Quercus alba Quercus phellos Carya illinoensis Ehretia anacua Taxodium distichum Ulmus crassifolia Ulmus parvifolia drakii Phoenix canariensis Nyssa sylvatica Liquidambar styraciflua Sabal sp. Washingtonia filifera Pistacia chinensis Platanus hybrida Carya texana Magnolia virginiana Ulmus alata Carolina Buckthorn Mexican Buckeye Texas Perimmon American Holly Southern Magnolia Texas mountain-laurel American Sycamore Sweetgum Rusty Blackhaw Viburnum River Birch Yaupon Holly Rough-leaf Dogwood Cherry Laurel Japanese Yew Texas Redbud Sugar Hackberry Slash Pine Common Crapemyrtle Texas Persimmon Camphor-Tree Wax Myrtle Loblolly Pine Mexican Plum Flowering Crabapple Saucer Magnolia Bradford Pear Eastern Persimmon D D D E E E D D D D E D D E D D E D D E D E D D D D D Rhamnus caroliniana Ungnadia speciosa Diospyros virginiana Ilex opaca Magnolia grandiflora Sophora secundiflora Platanus occidentalis Liquidamber styraciflua Viburnum rufidulum Betula nigra Ilex vomitoria Cornus drummondii Prunus Caroliniana Podocarpus maccrophyllus Cercis canadensis texensis Celtis laevigata Pinus elloittii Lagerstroemia indica Diospyros texana Cinnamomum camphora Myrica cerifera Pinus taeda Prunus mexicana Malus spp. Magnolia soulangiana Pyrus communis Diospyros virginiana Shrubs/Bedding Plants Japanese Boxwood Dwarf Euonymus Silver King Euonymus Dwarf Gardenia Dwarf Burford Holly Dwarf Chinese Holly Compact Japanese Holly DwarfYaupon Holly Primrose Jasmine Texas Sage Dwarf Wax Myrtle Dwarf Purple Nandina Harbor DwarfNandina Dwarf Oleandar Turner Pittosporum Wheeler DwarfPittosporum Indian Hawthorne Red Spirea Spring Bouquet Liriope Asian Jasmine Japanese Aralia Red Barberry 1-3 ft. 1-2 ft. 2-3 ft. 1-2 ft. 2-3 ft. 2-3 ft. 1-2 ft. 1-3 ft. 1-2 ft. 3 -4 ft. 3-4 ft 1-2 ft. 2-3 ft. 2-3 ft. 1-2 ft. 1-2 ft. 2-4 ft. 2-3 ft. 3-4 ft. 1-2 ft. 2-3 ft. 1-3 ft. 2-3 ft. Buxus microphyliajaponica Euonyumus japonica micro Euonymus japonic silver king Gardenia japonica Ilex cornuta burfordii Ilex cornuta rotunda Ilex cranata compacta Ilex vomitoria nana Jasminum meonyi Leucophyllum fiutescana Myrica cerifera N andina domestica nana Nandina domestica harbor Nerium oleandar Pittosporum tobira Turner Pittosporum tobira Wheeler Raphiolepia indica Spiraea bummida Viburnum tinus Liriope muscari Trachelospermum asia Fatsia japonica Berberis thunbergii Page 2 Cleyera Red Tip Photina Waxleaf Ligustrum Southern Wax Myrtle 1-3 ft. 6 ft. 6 ft. 6 ft. General Specifications for Shade and Ornamental Trees Minimum Height and Distance at planting. 1. 2. 3. Canopy trees Understory trees Shrubs 6 - 8 feet 5-7 feet 18" - 22" Cleyera japonica Photinia glabra Ligustrum japonicum Myrica cerifera 1 per 30' on center 1 per 20' on center 1 per 3' on center Container Caliper Height Spread Branch Height 15 Gal. 1 V4" - 1 Yz" 6'.8' 2Yz'-3' 3'-4' 30 Gal. 2" - 2 1/2" 8'-10' 4'-5' 4'-5' 45 Gal. 2 Yz" - 3" 10'-12' 5'-6' 5'+ 65 Gal. 3" - 3 Yz " 12'.14' 6'-7' 5'+ 95 Gal. 4" - 4 Yz" 14'-16' 7'-8' 5'+ Flowering Ornamentals 15 Gal. 30 Gal. 45 Gal. I" - 1 V4" 1 Yz" - 2" 2" - 2 Yz" 5'-7' 6'-8' 8'+ Clump or Multi-trunk (3-5 cane) 15 Gal. 30 Gal. 45 Gal. 65 Gal. 6'-8' 8'-10' 10'-12' 12'-14' Source: Southeast Texas Nursery Grower's Association 3'-4' 4'-5' 5'+ 2 Yz'-3' 4'.5' 5'+ 6'+ 3'-4' 4'-5' 4'-5' Page 3 REQUEST FOR CITY COUNCIL AGENDA ITEM 2005 Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A Department: Planninl! Report: Resolution: _Ordinance: ~ Exhibits: Ordinance p & Z Staff Report Aerial Map Zoning Map 8",,,, ...I_r . et __..I"".! Imposition of Conditions Letter-C. Askins SUMMARY & RECOMMENDATION City Council, at the May 9,2005, meeting, considered this Rezone Request #R05-003 and tabled it until the next meeting of the full Council. Earlier, Council requested staff and the City Attorney's office to determine if commercial rezoning may be subject to site specific conditions not contrary to the provision of the Texas Zoning Laws as a pre-condition for its approval. Staff researched and found that Texas Local Government Codes prohibit a contract zoning. In addition, there is no precedent of such attachment to a zone change. The applicant's current development proposal is as follows: . Increase parking on west side of the property to double the current size towards the south of the property. . Construct a building to be used for offices and training facility only on the west side of existing building with the front of this building facing the east purposely minimizes any operational noises. . Install natural buffer of landscaping with bush of shrubs for approximately 150 feet from the front of the property line on the west and east of the property as well as across the H Street frontage. Currently, proposed improvement activities (offices, training facility, and parking) are permitted in the General Commercial (GC) zone. In addition, the applicant has submitted a developer's agreement. A thorough site plan review will require strict adherence to the developer's agreement. The Planning and Zoning Commission, at the February 17, 2005, meeting, held a public hearing to rezone the subject tract of 2.08 acres of land described as TR 239A out of La Porte Outlots, from Low-Density residential to General Commercial (GC) to provide for additional office space and parking facilities. The subject property has an establishment previously operating as a General Commercial permitted facility in 1987. The present zoning designation of R-l was assigned per official zoning map of the City in 1987 as opposed to the previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC. Since this is an existing business, the effect of the change from R-l to GC should not have an adverse impact on the adjacent properties. Staff viewed this request being justified given the company's initial permit and zoning. As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the site. The City received one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone request at the P&Z meeting. This opposition centered on the company's nature and use rather than the proposed expansion. The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003. Action Reauired bv Council: 1. Consider and take action on ordinance to rezone 2.08 acres of land located at 11820 North "H" Street from R-1 to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. A rove Council A enda CffZ)o;> Dati I ORDINANCE NO. 1501-1/1/ AN ORDINANCE AMENDING THE CODE OF ORDINANCES 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 LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC. LOCATED AT 11820 NORTH H STREET, NEAR SENS 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; 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 finds, determines and declares that heretofore, to-wit, on the 1 ih day of February 2005, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on February 17, 2005, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated February 28, 2005, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501-lllL Page 2 "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 28th day of March, 2005, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. By an affirmative vote of at least three-fourths of the City Council of the City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby reclassified from Low-Density Residential (R-1) to General Commercial (GC). The description of said parcels of land is as follows, to-wit: "TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas". "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. ORDINANCE NO. 1501- { I II Page 3 "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 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the J/1J1.-- day Of~, 2005. CITY OF LA PORTE By ~L17~ ALTON PORTER, Mayor THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Goveinment Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). A regular meeting of the Planning and Zoning Commission will follow the public hearing to act upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ;;:lj#t,..~~~:~-~r A' -- ...~~ ~/~~~ "': . . rHE.STATe OFT~S'.. ;.~':'.~,.\ .:'~ ',~~"...., :~_ :_"t___~.=':_,':\ ~'~'\.' .. 'CoUNTY CWHARRIS ........0,-;_ .".. '.' ::; 'h., .:.: .._ . . ~..~:. -':.: -' ,':. ~. .-,: :. . . . C1fY'pf0..pD.R}E :... . -.' ...:-::~. -.. reel 77571 281-471-1234 Fax: 281-471-5763 the undersigned authority, on this date' peared Karolyn Kellogg, a duly authorized ive of The Bayshore Sun, a semi-weekly ublished and generally distributed in the Porte, Harris County, Texas and who after sworn, swears the attached not/je ~s n The Bayshore Sun dated ,0 I 30 oS- , . ' '. , , ., Sworn and subscribed before me this 11 ~JL day of '7Y1~ ., 2005. ,~1, ~ Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 J .....fH. !~lPiil'"' L). .jM J~~. .,[) City of La Porte Established 1892 February 28, 2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-003 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting, held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chern Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a 2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low-Density Residential (R-l) to General Commercial (GC). The purpose of rezone request is to provide for additional office space and parking facilities. The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of Rezone Request #R05-003. Rlrh~ Pat Muston Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 r~q; i, 1 ~,"'t ~ .. ',~~I;j:;~ ' v. THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 28th day of March, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chem Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). A regular meeting of the City Council will follow the public hearing to act upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. . CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for fUrther iiiformation. . .,1.~~ ;. r ~"'" f"'"'. D ~:1".;J,,;m.:H ~ j THE STATE OF TEXAS COUNT~ OF ft1\'f{RI~ CITY OF LA PORTE :ct NonCE OF PUBLIC 7571 HEARING 281-471-1234 Fax: 281-471-5763 In acx;ordance with the S provisions in Section 106- 171 of the City of. La Porte's Code of Ordinian- ces,~~_d' re . un the Texas Local Govem- ; men! cOde. no1i'c.e is here- \ by given that the La Porte <;:ity Council will 9Qf1r;tuct ~ public hearing at 6;09 ,p~. , ' 011 the 28th day of M.BrOO~ 2005. in the ,'" COuncil Chambers of CitY Hall, 604 . West .FailmOn~,~ r!<waY. La P Taxa .. pur- ~.o"" kto c6rlSi' :-"eSt #R "';'. . Iocit~.. ..' \ trr1s ~t~~ 2:a ~ !::;.~.a:'~~ las . kyld out of ,OutJgt 2a~ In . . . the laPorte'oiitlofi:F.re- he unders1gned authorlty, on thlS date I cOrde{f!nVoll.iljle6i;"pag~1 eared Karolyn Kellogg, a duly authorized 374 of tOO Deed Records' . , . ofHai1iSbOOntY"~ "'.':, ve of The Bayshore Sun, a s~ml-weekly the!:nqcbBri~'~~:" blished and generally distributed in the ~S!faCtCci. ..fi~ ~~~rte.t'ar... orte, ,Harris County, Texas and who after , ns unty. 'Texas. " R"1- th tt h d t . . cha:~ 'OetWiler'cfo'CI1em' worn, swears . e a ac e no J.ce was Coast:'lnC:s~ekS'to'I'iaVe'" The Bayshore Sun dated 03 1/3 /0.5' this property rezoned from \ . ' low-Densl1y ReSldentiaJ " (A-1) to General Commer- " cia! (GC). ' .' . ( " -" A regular meeting of' the City COullCil will follow 'the' , ptiblic"hearingto act uwn the public hearing Items and to conduct other, mal- ters pE$ining to the Council. .. ,..', .. , Citizet!~.: wishing to ad- dr~th~ Cl',lunciJ pro :~r con during the public h!'l!3r- , in9 are reqUir9d~t9 sigti in ~ befOre the. meeting is con- .. ,n~:. .... .", umgarner ic ty, Te~as .lbscribed before me this , 2005. /7 -0-' day of ~ CITY. OF LA PORTE . Martha Gillett ' , citY Secretary ~n Expires April 30, 2006 " .This !act7ity has disability , ,.8ccommodatiOll$ , avaHa.. ,.' ble.: ReqUeStS' for, accb~ " modafi.ons ot interp(etive ,. seMces: at;'. meetings should tie made '48 hoUrS prior to !he meetirig. . Please contact City ~ecre- taty's office at (?81) 471- t 5020 or TflD Una (281) 471--5030 for furthfJr infor- mation. ' . , .2J Staff Report February 17,2005 Zone Change Request #R 05-003 Requested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Locations: 11820 North 'H' Street Present Zonin2:: Low-Density Residential, R-l Requested Zonin2:: General Commercial, GC Baclmround: . The property in question is located along North Avenue H near Sens Road in Lomax area . At the time of consolidation of Lomax area into the City, the property in question was assigned a zoning classification of R-l Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. . During the zoning map review of 1981 (hand drawn color map), staff found the subject property was zoned Commercial. . Chem Coast, Inc. was founded in 1981. The business began in Galena Park. By 1987, the company moved to a new facility in La Porte. As per HCAD record, the facility was built in 1986. . On January 26, 1987, as part of the comprehensive rezoning of La Porte (Ordinance 1501), the subject property shows zoning as Low-Density Residential (R-l). . Under Ordinance 780, there were no functional differences between various types of commercial zoning designations. Under Ordinance 1501, there are definite differences between Neighborhood and General Commercial zones. . In 1992, the City switched to a computer based format for our zoning map. Zoning map amendments are shown on this computer generated map. . The subject property has commercial establishments operating under the current zoning ordinance 1501 (Chapter 106). Zone Change #R 05-003 February 17, 2005 Page 2 of 4 Analvsis: . The purpose of rezone request is to provide for additional office space and parking facilities. During 1991 zoning ordinance review, there were two Neighborhood Commercial (NC) zones located along the west side of 26th Street (Sens Road). These zones occupy an area located between North 'H' Street and northern boundary of the Pine Grove Valley Subdivision. The Pecart Villa Mobile Home Park separates the two NC zones (Exhibit). The Commission proposed rezoning of this area from NC to General Commercial (GC). The legal description of the tracts being considered was La Porte Outlots 241,261, 280, TR 260A out of Outlot 260. This rezoning was proposed in response to the concern that neighborhood commercial is not the most viable zoning designation for these tracts. Chem Coast, Inc. is a full service Inspection Company, independent analytical testing lab serving the Port of Houston and Gulf Coast areas since 1981. The company offers variety of services, e.g. field services, analytical services, and customer service. Field Services consist of management, dispatch, and the marine inspectors groups. Antilytical Services offer state of the art facilities and instrumentation to perform a wide variety of chemical analysis. The company utilizes standard methods and client supplied methodologies in the testing of sampling. Customer Service provides the vital support necessary for the coordination of all field and laboratory operations. . The Chem Coast also provides additional services, e.g. writing of procedures and participates in consultation with terminal personnel both domestic and international. The property described above is located to the south of North H Street at approx. 300 ft. west of Sens Road. The City has purchased adjoining 1.835 acre tract out of Outlot 240 for future Fire Station No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.) is owned by Chem Coast. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested General Commercial (GC) zone. The request appears to be compatible with the surrounding uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: . Zoning and uses of nearby properties; . Character of the surrounding and adjacent areas; Zone Change #R 05-003 February 17,2005 Page 3 of 4 Conclusion: . Suitability of the property for the uses permissible within the zoning designation; . Extent to which approval of the application would detrimentally affect of substantially hann the value of nearby properties; . Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, . The gain, if any, to the public health, safety, and welfare of the City. Land Use -- Review of the City's Land Use Plan shows the subject tract is envisioned as developing for commercial uses. Current development is considered to be commercial in nature. In addition, nearby properties along Sens Road are commercial/industrial. The proposed rezone seems to be compatible in making current development "more conforming" with the ordinances. Transportation - The tract in question gains access along North H Street with 60' public right-of-way will accommodate the additional traffic generated by the proposed development. Utilities -Utilities are in place to support the proposed development. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed project. The tract in question is suitable for the requested change. There are General Commercial zone properties in the close proximity to this tract. The development within the subject tracts should not have any adverse impact on the surrounding area A change from Low-Density Residential to General Commercial should not negatively impact the surrounding properties and should not hann the value of the nearby properties. The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. When considering a rezoning, the Planning and Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: . The present zoning designation was assigned as a result of error, or; . The present zoning designation was inappropriate at the time it was assigned, or; Zone Change #R 05-003 February 17,2005 Page 4 of 4 Recommendations . There has been a $ufficient degree of change in or around the area in question to render the present zoning designation inappropriate. Based on the siting criteria above, the tract in question is suited for General Commercial designation. Additionally, the underlying land use would support commercial designation for the subject tract. It, therefore, appears that the R -1 zoning assigned to the property in 1987 is inappropriate and an error was made in assigning zoning classification. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from R-1 toGC. . Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from R-1 to Ge. . Recommend to Council denial of this rezoning request from R-1 to Ge. . Table this item for further consideration by the Commission. FROM THE DESK OF.__" ~ l'--J J /~~ Clark T. Askins. J.D.'-': ~~I tf? bar!.. d / rfr / O,r/I- ~ r t:.-4]tJ It r f-o C6Jue ~,' / #t~1 r DvOr4 ( J. :JOerur- ~~t.., / / / i ~ ~;;;~~~) -j ij ~l ~r I cAtU"K. B Ct Jc - up 'io ~ ~/l)l =1:t q .~ J (j;-j~ 1 R~ord.r Item 'PP180, Printed in U.S.A. ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 lA PORTE, TEXAS 77572-1216 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281 471-188S TElECOPIER 281 471-2047 E-MAil: kwaskins@aol.com iohn-a@swbell.net ctaskins@swbell.net May 9,2005 Mayor and City Council City Hall City of La Porte RE: Imposition of conditions on rezone of ChemQuest property Dear Mayor and Council: You have asked our office to render a legal opinion on whether it would be permissible for the city to grant a zoning classification change request to ChemQuest, from R-2 Residential to General Commercial, subject to specified conditions or covenants relating to the use of the property. Under the La Porte Zoning Ordinance (Chapter 106 of the City Code), there is no provision for the attachment of conditions or covenants to rezone requests. Rather, each zoning classification carries with it specifically enumerated uses, including permitted uses, conditional uses, and accessory uses, all of which relate exclusively to that particular zoning classification. The sections establishing these uses do not allow for the placement of extra conditions by the Zoning Commission or City Council, as part of the zone change request. The theory behind the Zoning Ordinance is that a decision on establishing or subsequently changing a zoning classification should relate to general factors concerning all land of the same zoning type, and that the governing body will be guided by the permitted and non-permitted uses already established in the ordinance (as well as the Land Use Map and the Comprehensive Plan), and not the particular needs of the applicant. Council is charged with considering only what is the highest and best use of the property at issue, based on the existing, allowable uses under the present zoning classification and the proposed zoning classification. Of more importance is the fact that Texas law disallows "contract zoning", which is defined as a bilateral agreement between a governing body and the applicant for a zone change, with the government promising and becoming contractually bound to make the rezone change in exchange for the applicant promising and being contractually bound to do or refrain from certain activities on the property. The rational for the prohibition of contract zoning is that legislative bodies are precluded from bargaining, selling or contracting away their police power, and as such are considered to abridge this principle when they alter rules for a particular zoning use to suit an individual applicant. Given the Zoning Ordinance's lack of any method for attaching conditions or covenants to zone changes, and the prohibition against contract zoning found in Texas law, I would advise City Council to refrain from imposing any set of conditions as part of a vote to approve the rezone request. Specifically, should Council offer its support for the requested rezone change based on ChemQuest's promise to refrain from certain uses otherwise allowable in a General Commercial zone, it is likely the Council's decision would be construed as being linked to ChemQuest's representations, thus amounting to contract zoning. This would be the case even in the absence of a written pledge on the part of the City Council. I have been advised that the Planning Department is prepared to apprise the Council of the fact that ChemQuest has submitted a developer's agreement for the subject property, which if implemented would limit future site plans for proposed expansion to the office facilities outlined in the developer's agreement. From a legal perspective nothing precludes ChemQuest from voluntarily agreeing to limit itself to certain uses via a developer's agreement. Accordingly, the City and ChemQuest may. legally enter into a developer's agreement that sets out parameters for office space construction, in contemplation of the property being rezoned to General Commercial. However, as part of this process the City Council may not 1) contractually promise to ChemQuest that it will approve the rezone request subject to ChemQuest conforming to the developer's agreement, 2) vote to link an approval of the rezone request to ChemQuest's abiding by the developer's agreement, 3) vote to approve the rezone request with the condition that the rezone will revert back to residential should ChemQuest not follow through with the terms of the developer's agreement, or 4) vote to include terminology in the development agreement conditioning the rezone to ChemQuest's limiting expansion to certain uses. It is important to understand that the basis of Council's vote must be independent from the developer's agreement, such that the rezone can in no way be coupled with ChemQuest's performance under the agreement. It should also be noted that the proposed developer's agreement, after a rezone of the property, could not be enforced by the city to the extent any actual development is permissible under the new zoning classification. Also, Council should note that the developer's agreement (or any other self-imposed limitation by ChemQuest) would not bind a subsequent purchaser of the property. Finally, I would like to remind the City Council that it does have the option of asking the Planning and Zoning Commission to explore amending the Zoning Ordinance to incorporate certain additional restrictions on uses in General Commercial districts that abut residential zones. For example, limitations on expansion of certain uses when within a set number feet of a residence, or additional landscaping and buffer requirements, could be inserted. Thank you, and should you have any questions please do not hesitate to contact me at my office. Sincerely, ~r~ Clark T. Askins Assist. City Attorney Cc: City Manager Debra Feazelle Cc: Assistant City Manager John Joerns Cc: Assistant City Manager Cynthia Alexander Cc: Planning Director Wayne Sabo REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27. 2005 Requested By: Wayne N / Department: Planning: Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: -X- Amount Budgeted: N/A Exhibits: Amount Requested: N/A P & Z Staff Report Ordinance Amended Industrial Tables Budgeted Item: N/A SUMMARY & RECOMMENDATION City Council, at the May 23, 2005, meeting, held a public hearing to receive citizen comments regarding zoning ordinance amendments permitting truck stops in the Business Industrial (BI) zone. The action on the matter was tabled. Council asked the staff to identify the zoning status and the use of existing truck stop at the intersection of West Barbour's Cut Boulevard and the State Highway 146. The current truck stop falls into a pre-existing use. The original use pre-dated the current zoning ordinance and the use was transferred to the new facility after the freeway expansion. The current development never obtained a Special Conditional Use Permit (SCUP) as would be required under the current regulations. The present facility would be classified as a truck stop under the proposed definitions. The term "truck stop" is in itself defining. Generally and per the usual definitions, a truck stop is an establishment that sells fuel for trucks and usually maintains a restaurant, rest facilities, and other amenities for truck drivers. The Planning and Zoning Commission, at the April 21, 2005, meeting, held a public hearing to consider the proposed amendments related to truck stops. After a careful consideration forwarded their official position for action by Council to deny the recommended changes to Chapter 106 (Zoning). The Commission wished to express that it is very concerned about protecting the residential areas such as south of Barbour's Cut Boulevard and preserve the quality of life issues by examining issues like air pollution, excessive noise, light, and devaluation of residential property. Given the economic challenges to development posed by in-fill lots and to increase sales tax from commercial retail establishments, staff suggested that truck stops should be permitted in the Business Industrial (BI) zoning districts along truck routes. To further protect residential areas, staff recommended only Barbour's Cut Boulevard and State Highway 146 North. In addition, truck stops would adhere to the minimum setbacks established for this zone with heavy landscaping, screening, and no overnight facilities allowed on the premises if adjacent to residential districts. In addition, the La Porte Community Civic Club and residents of the Northside Neighborhood have voiced in favor of the proposed development in their district. Action Required bv Council: 1. Consider and take action to approve or deny an ordinance amending Chapter 106 (Zoning) to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zone. The Planning and Zoning Commission recommended denial. To overturn the recommendation would require a % vote or 7 of 9 members. Ann roved for City Council Ae:enda ch::1 ft~ Da~ I Staff Report April 21, 2005 Truck Stops Zoning Ordinance Amendment Background: As directed by City Council, staff assessed existing development conditions and future development strategies relating to the development of truck stops in a Business Industrial (BI) zone. Staff seek advise from the Commission and asked for their input to the subject matter. Staff researched and presented this item to the Planning and Zoning Commission for their discussion and consideration. Proposed amendments to the Zoning Ordinance, Chapter 106, Section 106-521; Table A, Industrial Uses, to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zone, are as follows: Definitions of Truck Stop: · A commercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and which may have service activities for such vehicles and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation, shower or laundry facilities, truck service and overnight truck parking, truck scales, and parking area in association with the above services. (Definition is added to Section 106-1) Definition of Convenience Store: · A small retail store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline & diesel. (Definition is added to Section 106-1) Difference between Truck Stop & Convenience Store: The difference between truck stop and convenience store/service station is quite clear from the above definitions. Truck stop is an establishment where trucks may be parked overnight and truckers are provided with all the facilities and amenities related to trucking operations. Truck stops usually have 10 to 12 diesel dispensers with a canopy approximately 20' high. The Zoning Codes require truck stops to be located along major truck routes to facilitate entrance and exit to major highways or freeways. On the other hand, a convenience store and/or service station is a place which sells a limited variety of food and other grocery items, snacks, gasoline along with dies~, and automotive accessories, or other convenience items. Planning & Zoning Commission Truck stops Zoning Ordinance Amendment Page 2 of 4 Existin2 Reauirements: Zoning - Under Section 106-441, Table A, Commercial Uses, truck stops are not permitted in commercial zoning districts. The interpretation of the classification is that service stations (SIC Code#554) are permitted uses, i.e. automobile service stations, filling stations, gasoline but excluding truck stops. Under Section 106-521, Table A, Industrial Uses, there are a variety of activities relating to trucking operations or requiring large trucks for business purposes (Le. general contractors, heavy construction, highway transportation terminal and service facilities, etc.) Truck stops, however, specifically are not mentioned and considered to be an unlisted use as per Code of Ordinances. An unlisted use, such as truck stops require a Special Conditional Use Permit (SCUP) from the City. Building Setbacks - Section 106-522, Table B, Industrial area requirements stipulates predominantly 50' front, 40' rear, and 30' sides setback for Business Industrial zoning districts. In addition, when BI zoning districts are adjacent to residential zoning districts, same setbacks are applicable to the sites and no construction of any building or structure is permitted within the said setback areas. Landscaping I Screening - For the facilities having parking areas adjacent to residential zones and abuttmg public rights-of-way, screening is required. A planting strip of four feet wide with evergreen plants that are minimum height of four feet and within two years grow up to six feet in height is required. In addition, landscape plans with trees, shrubs, and ground cover, are required to be submitted and approved by the enforcement officer. Recommended Reauirements: Zoning - Truck stops should be permitted in the Business Industrial (BI) zoning district subject to restrictive measures such as the limitation of smoke, dust, odor, lighting and glare and strictly along an approved/established truck routes. Currently, there are vacant parcels of land within Business Industrial (BI) zoning districts along Barbour's Cut Boulevard and State Highway 146 North. Building Setbacks - Truck stops should adhere to the minimum building setbacks already established for the BI zone as Front 50', Rear 40', and Sides 30'. When adjacent to residential zones, same setbacks shall be applicable to the sites with no construction of any building or structure being permitted within the said setback areas. Planning & Zoning Commission Truck stops Zoning Ordinance Amendment Page 3 of 4 Landscaping I Screening - Truck stops development, specifically truck parking, should be screened from the view of adjacent residential districts. Staff suggests a minimum landscape setback of 20 feet adjacent to residential areas. Landscaping and screening could be achieved as currently stated in the zoning ordinance. However, a more effective technique needs to be employed that actually achieves this objective. This could be accomplished in a number of following different ways: · The property owner could leave in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screemng. · The property owner could use earthem berms with a combination of trees, shrubs, and groundcover that after three years growth will be at least 10-15 feet in height and creates a continuous visual screen. It is recommended that this particular provision of the ordinance may add a minor change to the footnotes. In the case of a property adjacent to residential zoning districts, screening and other performance standards shall be applicable for this particular use. Along with the screening requirement, a minimum percentage of landscaping along front and sides should be stipulated as per ordinances. A 15% of landscaping/screening is recommended in addition to the current requirements for the development of a truck stop in the Business Industrial zoning districts adjacent to residential areas. The required screening would count toward the minimum landscaping requirement. The landscape buffer is also recommended for this particular activity. Performance Standards - Truck stops should meet the following minimum performance standards and be in compliance with the appropriate federal, state and local regulations: . Lighting and glare . Radiation and electrical emission . Smoke . Dust . Odor . Explosives . Noise In addition, truck stops when adjacent to residential areas, shall only operate during the hours of 6:00 a.m. to 9:00 p.m. and no overnight facilities will be allowed on the premises. Planning & Zoning Commission Truck stops Zoning Ordinance Amendment Page 4 of 4 Conclusions: City Council intends to provide the best services to its citizens and visitors to La Porte. Future development of the community depends on maintaining and enhancing the local economy. Truck trafficking is an existing commodity due to the Port of Houston 's Barbour's Cut Terminal. In addition, Barbour's Cut Boulevard is an established major truck route, which provides services to these travelers. Council has set priorities with the economic development as one of the highest on the list. The goal is to foster the growth and retention of business activities through a healthy local economy, which can provide employment opportunities and a strong tax base to the City. Recommendations: The above stated recommendations are based on Planning Department staff research and direction provided by the Commission during the previous meetings. The definitions for Truck Stop and Convenience Store have been included in Section 106-1 of the Ordinances as suggested. Staff recommends truck stops. should be permitted in a Business Industrial (BI) zoning districts only subject to specific conditions as listed above. It is staff s opinion that the above provisions will allow for reasonable development of truck stops with the said stipulations that will provide sound development and promote public health, safety, and general welfare of the community. The La Porte Comprehensive Plan guides us to make policy decisions relating to the physical and economic development of the community. The above change would not be contrary to the goals and intent of the Comprehensive Plan. Options available to the Commission are: · Recommend to Council approval of the zoning ordinance amendment. · Recommend to Council denial of the zoning ordinance amendment. · Continue the public hearing until next meeting means table the item. ORDINANCE NO. 1501- OODD AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, SECTION 106-521 TABLE A, INDUSTRIAL USES, FOOTNOTES, AND SECTION 106-522, TABLE B, INDUSTRIAL AREA REQUIREMENTS TO AMEND, CHANGE OR MODIFY TO PERMIT TRUCK STOPS IN A BUSINESS INDUSTRIAL ZONING DISTRICTS OF THE CITY OF LA PORTE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 21st day of April, 2005, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. On April 21, 2005, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on the 25th day of April, 2005, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public ORDINANCE NO. 1501-0001> Page 2 hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 23rd day of May, 2005, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. By an affirmative vote of at least three-fourths of the City Council of the City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning Commission, and approves amendment to the zoning regulations regarding truck stops. "Section 7. There is attached to this Ordinance as Exhibit "F" amended Section 1 06- 521, Table A, Industrial Uses, footnotes, and Section 1 06-522, Table B, Industrial Area Requirements, incorporated by reference herein and made a part hereof for all purposes. "Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council official 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, ORDINANCE NO. 1501- DOOb Page 3 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 from and after its passage and approval. Passed and approved this the ;;2.11I-dayof JPfJ'f- 2005. CIT~ LA PORTE "\) By: ~L..\ ~ ALTON PORTER, Mayor ATTEST: ~ By: MART A GILLE ,City Secretary THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st day of April, 2005, in the Council Chambers of the City Hall, 604 West Fairmant Parkway, La Porte, Texas. The purpose of this hearing is to consider amending Ordinance No. 1501 of the City of La Porte, pertaining to Section 106-521; Table A., Industrial Uses, footnotes, and Section 106-522, Table B, Industrial Area Requirements. The purpose is to allow truck stop in the Business Industrial (BI) zoning districts. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTlCIPA TE IN DISCUSSIONS DURING THIS MEETING; HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL. THIS FACILITY HAS DISABILITY ACCOMMODATIONSAVAILABLE REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SER VICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION i~H1Drr Ii to consider amending Or- dinance No, l@.1 of the City of L~partalning to Section 106-521; Table A" industrial Uses, foot- notes, and Section 106. 522, Table 8, Industrial Area Requirements. The purpose is to allow truck stop in the Business In- dustrial zoning districts. PUBLIC NOTICES THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING r meeting of the and Zoning Com- win follow the pub- n for the purpose , po e public . to con- . pertain- . isslon_ In accordance with the . provisions of Section 0 171 01 the Code of nances of the City of La Porte, and the provisions of the Texas Local Gov- ernment Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a pUblic hearing at 6:00 P.M. on the 21 at day of April, 2005, in the' Council Chambers 01 the City'Han, 604 West Fairmant Park- NaY, La Porte, Texas. The Jurpose of this hearing is Cilizenswishing to ad- dress ,the Commission pro or con during the Public Hearing will be required to ~gn in before the meeting IS convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PAATlCIPATE IN DIS- CUSSIONS DURING THIS MEETING; HOWEV- ~R, NO ACTION WILL BE TAKEN BY COUNCIL THIS FACILITY HAS DIS- ABILITY ACCOMMODA- TIONS AVAILABLE. RE- QUESTS FOR ACCOM- MODATIONS FOR IN- TERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE' MEET- . ING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TOO UNE 281-471- 503Q FOR FURTHER IN- FORMATiON. 281-471-1234 Fax: 2~1-471-S763 .re Sun 'JZce 1947' Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore sun, a semi-weekly newspaper published and generally distributed in the City of La porte, Harris County, Texas and who after being duly sworn, swears the attached notice was published in The Bayshore Sun dated () 4- / No? / 0 ~ q -r~ day of . Sworn and subscribed before me this /)-1 ct"-A" , 2 0 0 5 . (I ;' 1 JZ.1 ~."-"-' /b. f~.".,..tf./1.,~ Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 t. ,~.XH1Brr 11 City of La Porte Established 1892 April 25, 2005 HoD. Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment - Truck Stops Dear Mayor Porter: The La Porte Planning and Zoning Corrnnission, during a regular meeting on April 21, 2005, held a public hearing to consider amendments to the Zoning Ordinance (Chapter 106), Section 106-521; Table A, Industrial Uses, to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zoning districts. After a careful consideration, the Planning and Zoning Commission, by a 4-1 vote, forwarded their official position for action by City Council that the present conditions should remain as it is in Chapter 106 (Zoning). While the Commission appreciated the work done by staff in preparing the amendment to the ordinance, it was felt that the adverse impact that truck stops adjacent to a residential zone (air pollution, noise, light, and quality of life) would necessitate maintaining the current system offered by the Special Conditional Use Permit process. In this manner, the Commission and Council could benefit by a thorough examination of all factors impacting upon the residents of La Porte. The Commission believes that the use of SCUP fulfills the spirit of the Comprehensive Plan and the Zoning Ordinance.. It was the majority's opinion that the amendments to the zoning ordinance not be accepted. We realize that Council is anxious to encourage economic development for increased revenue, but we think this plan as presented would provide too many possibilities of an undesirable use with not enough control. Weare looking to the long term development of our City in a manner which will not harm the environment p~~.u~ patM:'lfUI..AJ1rrr) Chairperson, Planning and Zoning Commission THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 ofthe Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 23rd day of May, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amending Ordinance No. 1501 of the City of La Porte, pertaining to Section 106-521; Table A., Industrial Uses, footnotes, and Section 106-522, Table B, Industrial Area Requirements. The purpose is to allow truck stops in the Business Industrial (BI) zone. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary TlllS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SERViCES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION .'~/";i 'r"~'rr" 1) '.-c.... 0"/ ,..,~..i.l,~ :~.. , _ . ~:- /:{!,,~:; -",~ ., ~ . ",::" , ,0".1,,,, ,.".1:~~ "," THESTATE.OFTEXAS COUNTY OFHARAIS /.;;)'::-;.;;';,":':;~-;.::..,~ . :cd 77571 .':;:' .'. .. ,", .:.:~ :.;...:: .': :'- ?~'::::'::~?:~::';"'. . .:.:. ....... ..;.::;:;;:<~:.:::;:.::}:::;:::::::.:.:;:::::::::::::;::~:':"':"" ...,..<;~~.,.~"'L. ... BI!lslJ}re 281-471-1234 Fax: 201-471-5763 '.-..;;:,.,:.,:.... '., '.. CITY OF t.APOATE ~',:;"C. ;";',",."', '.-.'.""", :':: ','. :'i~~~j:~\X~.:::--.,....,... ,. In accordan~~hthe.~ provisions 9fSection.'1 06~ ~ 17101 the Code; 0,. Ordi- ... nances of the City of La Porte,and tile provisions of therexas'Locar 0011- ernrrie~t' Code; 'notice} is ." herebygivell. that . the Ja . . Porte 9ty. Couryeil wil~ .c;orr.'. ... ! duct, a PlJt)I~',~.~[lQ:;~af. 6:00 P.M. ontQe23rd day"'.:.' \ of May, 2095..io,t!'lfi.Coun:-, j cil Cham~rs:.gf.ime.::Gity.. i ~:~~mt~~~,r';;~~t~~}.:;! Po r t e ; The pu . ",.if is'h~r-'jarris ~ng is. .....i~!!'leru:l.<.~xas Ing .Ordlna" ():< 1501 ,. of the .'. f L.a:J~orte;> pe.. .' . (I.: ....... 1Qlt' 521;Tailieh'JIj(f, ri~.t.;: the undersigned authority on this date Uses foot. 'and ."'''. '. !iOni06~~T\" Jl1.;:?<ppeared Karolyn Kellogg, a duly author~zed :dustrial';\A~:t{if;i 'j;e.:;cfti ve of The Bayshore Sun, a semi-weekly ml..lents..tThk~\put.. ..,.:.'\:;th~~.jpublished and generally distributed in the a ow.. rue. ...50pS.",lIr, e",. . d h f BUSifieS~.:P:indiJStriatzir~.J; Porte, Harr~s County, Texas an. w 0 a .ter zone;..;;x~.".> sworn, swears the a ttached not~ce was i;;;;':ii.if. .in The Bayshore Sun dated 0510 J> los- A'regu'ar\l'l1~eting. ". .' e; City . COliric~ ,\'o;il1 foll(lyt'tt'e:y' pub~f.llearinQfor.{ihe~i.tr~;"{ po~eof ..a~ng.tiP,QI'1:.(lIJe" public heaiing itemS atidl().;'l conduct otfler.matteI#Per-.' tainjng~ .. 'ouilci '. . .' '~ll~ Citizens.. . .,. . . ...... ....,d:.:'. dres~ . thI3GoiJnei('prOic:ir:": con during tfie J}ubnc. !1ear-, iog will beiequH;E!Ci to sign; in. beforeth~~e:tirig.,}~;, subscribed before me this convene~%;;t::~~;,.~\/j ;". >. , 2005. Sun , S e rv iJ 19' Tll ~"j/fiJllto;:;~l-tj:~'~l Sill ce 1947' "'-""-"':.":;.:'", " /1 -14 'l I day of ' ,,::,,'." . CITY OF LA PORTE ,. Martha Gillett, TRMC7 City Secretary ..... -' .i, /1"'-7H ~1.'1<.-L,--_ U " ;.",.-,.:f.--"~_~::';> .-':;-" :"" . ,. '" "'..,..":, 'c' Bumgarner THIS FACIUT'IHAS DIS. bl . ABILITY,'ACCOMMODA-.. ~ C nONS AVAILABL.E:RE<unty, Texas QUESTS.. ,FOR.'"ACCOM" MODA nONS FOR ..... IN~' . TERPRETIVESERVICES s~on Expires April 30, 2006 A T MEETINGS SHOULD BE MADE 48 HOURS PRIOR ,TO THE MEET~' ING. PLEASE CONTACT THE CITY SECRETARY'S OFFfCEAT 281.471~5020 OR TOO LlNEE' 281-471- 5030 FOR FURTHER IN- FORMA TlON.-, . J. f'XHlBIT ~ ZONING 9 106-521 Uses (SIC Code #) BI Zones LI HI On-premises freestanding signs See article VII of this chapter Paper and allied products (265-267) Printing and publishing (271-279) * * P P P(ACDE) P(ACDE) Rubber and miscellaneous plastics (301, 302,304,306,307) * C P Stone, clay, glass and concrete (321-325, 3261,327-329) * * P P Tank truck cleaning * * Truck Stops Textile mill, and finished products P(HJ) * * Light (224,225,231-239) Medium (222, 223, 226, 229) P(ACDE) P(ACDE) P * P(ACDE) P * P(ACDE) P C C C C C C * * C C C C Tobacco manufacturers (211-214) Loading berths at the front or sides of buildings adjacent to R.O.W. Industrial PUD (refer to section 106-636) Facilities in excess of height restrictions imposed in section 106-522 Unlisted uses, similar to uses listed above (b) Interpretation and enforcement. Property uses, except as provided for by section 106- 521(a), Table A, are prohibited and constitute a violation ofthis chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some maImer so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. Supp. No.4 CDI06:67 I The facility Business lndustrial (Bf) districts on truck routes along Barbour's Cut Boulevard and State High\vay 146. No construction of any kind shall be permitted \vithin stipulated setbacks fC'f Business Industrial zoning districts. LA PORTE CODE ~ 106-1 Business frontage means the linear measurement of the side of the building which contains the primary entrance of the building. Carport means a roofed structure, freestanding or attached to another structure designed to provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be considered to be a carport unless it is located directly over a driveway. Clinic means an institution, public or private, or a station for the examination and treatment of patients by an individual or group of doctors, dentists, or other licensed members of a human health care profession. Controlled access highway means any thoroughfare which is a high volume freeway (without signalization on principal lanes) designed for four to eight main lanes and four service lanes with a right-of-way capacity that allows two to four additional lanes. Controlled access highway corridor means a corridor extending 500 feet to either side of the right-of-way of a controlled access highway as designated on the city's land use map. Notes: The definition of Controlled Access Highway (with some minor rephrasing) was taken from Volume One, Section 1.3 of the city's comprehensive plan. Controlled access highway corridors are established on the city's land use map and designated by a cross hatched highlight. State Highway 225 and New State Highway 146 are the only thoroughfares within the city presently designated as controlled access highways. Interim sign regulations. Signs located within a controlled access highway corridors shall be limited to a maximum height of 65 feet. Commercial amusement or recreation means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where .tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contest, rodeos, tent show, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Commercial motor vehicle means any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes. Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Condominium means two or more dwelling units on a lot with individual ownership of a unit rather than a specific parcel of real property; together with common elements. See V.T.C.A., Property Code 81.001 et seq., and the building code adopted in section 82-31. Convenience Store means a small store that is open long hours and that typically sells staple groceries. snacks, and sometimes gasoline & diesel. CDI06:l0 ZONING 9 106-1 Special exception means only those exceptions provided for under section 106-191. Standard Industrial Classification Code (SIC) means the numerical code established by the U.S. Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended and supplemented. Street, private means a vehicular access way, under private ownership and private maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of-way, or a public right-of-way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. Alleys, parking lots, and private driveways within shopping centers, commercial areas, or industrial developments shall not be considered as streets. Street, public means a public right-of-way, however designated, dedicated, or acquired, which provides vehicular access to adjacent properties. Street, thoroughfare means a public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the community and so designated on the city's thoroughfare plan. Structure means that which is built or constructed. Structure, principal means the principal structure which fulfills the purpose for which the building plot is intended. Substantial improvements means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure as determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, valuation before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for a limited period of display. Townhouse means one of a group of no less than three nor more than 12 attached dwelling units constructed in a series or group of attached units with property lines separating such units. Trailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck means any motor vehicle designed, used or maintained primarily for transportation of more than nine persons or property. Truck Stop means a commercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and \,,'hieh may have service activities for sLlch vehides and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation. sho'vver or laundry facilities, truck service and overnight truck parking. truck scales. and parking area in association \\'ith the above services. CDI06:19 ZONING S 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501 D, S A(art. B), 9-23-96; Ord. No. 1501-AA, S 6, 3-23-98; Ord. No. 1501-BB, S 5, 9-15-98; Ord. No. 1501-II, S 5, 3-27-00) Cross reference-Sexually oriented businesses, S 90-31 et seq. Sec. 106-522. Table B, industrial area requirements. (a) Table B, industrial area requirements. Minimum Maximum Landscaping Lot Requirements Coverage 9 Uses (percent) (percent) BI business-industria] park; 6 50 All permitted or conditional LI light industria] district; 6 70 All permitted or conditional Loading docks N/A N/A Outside storage N/A N/A Shipping Containers 6 N/A Truck Stops -On- and off-premises free standing signs ]5 See article VII of this chapter Minimum Yard Setbacks F.RS ],2,3 (feet) 50-40-30 20-10-]0 130-130-130 20-] 0-5 50-50-30 Adjacent to Residential Minimum Yard Setback F.R.S. 2,5 (feet) 50-40-30 30-50-50 Same as principal use plus 130 ft. Same as principle use 100-150-150 See article VII of this chapter Freestanding on-premises signs located in controlled access highway corridors Maximum Height (feet) 45 45 N/A Section 1 06-444(b) 36 (b) Footnotes. 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Supp. No.4 LA PORTE CODE S 106-522 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of- way, or rail service spurs. 4. See article V, division 4 of this chapter for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. 7. Shipping containers are permitted to be stacked up to four containers in height. 8. Shipping containers will be stacked in a "pyramid" appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 9. Landscaping/screening will be required adjacent to residential area. (Ord. No. 150l-X, S 5, 12-16-96; Ord. No. 150l-BB, S 6, 9-15-98; Ord. No. 1501-II, S 6, 3-27-00) Sec. 106-523. Special use performance standards. (a) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with traffic movements, and shall be subject to the approval of the director of community development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public rights-of-way. Ingress lanes shall be from the least heavily traveled street wherever possible. (b) Drainage. On request, a drainage plan for the proposed development shall be submitted to the director of community development for review and approval. (c) Compatibility with surrounding area. The appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts shall not be created between the proposed use and existing and intended future uses of the surrounding area. (d) Required licenses obtained All necessary governmental permits and licenses shall be secured with evidence of such placed on record with the city. (e) Availability and adequacy of public services. Public services including but not limited to sewer, water, gas, police and fire protection are available at an adequate level and capable to service the proposed land use. The planning and zoning commission and the city council may Supp. No.4