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Home My WebLink About2006-03-27 Regular Meeting and Workshop Meeting A. --------. MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL March 27, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:02p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow, and Chuck Engelken. Members of Council Absent: Council member Peter Griffiths Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Assistant City Manager Cynthia Alexander, Planning Director Wayne Sabo, EMS Chief Ray Nolen, Assistant City Secretary Sharon Harris, , City Secretary Martha Gillett, Assistant to the City Manager Crystal Scott, Assistant Fire Chief Mike Boaze, Main Street Coordinator Debra Dye, Fire Chief Champ Dunham, Public Improvement Coordinator Reagan McPhail, Police Chief Richard Reff, Fire Marshal Cliff Meekins, Purchasing Manager Susan Kelley, Assistant Finance Director Michael Dolby. Others Present: Charlie Young, Sue Gail Kooken, Trent Wise, Houston Chronicle representative Carol Christian, Colleen Hicks, Tim Bird, Peggy Tellez, Jared Hanson, Marie Campise, Walter Swain, Eric Rusher, Jeannie Rusher, JoAnn Barnett, Kelsey Kalem, George Stragemeieu, Keri McAdams, Brenda Cantu, Maribel Flores, Bill Hull, Daniel Knoxxton, Marie Castillo and other citizens. 2. Walter Swaim of Central Baptist Church of Pasadena delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS There were no presentations/proclamations presented at the meeting. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Public Hearing of City Council held on March 13,2006. B. Council to consider approval or other action regarding adopting an ordinance amending Fiscal Year 2005- 06 Budget for $500,000 for construction of Fire Station 3. Additional funding is to be taken from fund balance. Also amend grant fund by $40,000 for community development block grant. C. Council to consider approval or other action regarding amending the Community Development Block Grant Fund 032 Budget by an increase of $40,000 for construction of the North Second Street Project. D. Council to consider approval or other action regarding approving a resolution declaring intention to reimburse certain expenditures with borrowing proceeds for the TIRZ Infrastracture and various water sewer projects. Motion was made by Council member Beasley to approve the consent agenda as presented. Second by Council member Moser. Motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter. Nays: None City Council Regular Meeting and Workshop Meeting - March 27, 2006 Page 2 Abstain: Councilmember Ebow abstained on item A only. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Trent Wise - 425 Spencer Landing West - Mr. Wise informed City Council the Spencer Landing Homeowner's want to keep the equipment and money not utilized for Pete Gilliam Park in district 4. Furthermore, would like to see it be spent on Spencer Landing Park. 7. Council to consider approval or other action regarding a resolution to participate in triathlon and seek necessary street closures. Councilmember Moser wanted the record to reflect that he is not against the Triathlon but has concerns with the amount of money being spent on overtime for the event. He further noted if the amount exceeds $25,000.00 it needs to be approved by City Council. Assistant to the City Manager Crystal Scott presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: RESOLUTION 2006-08 A RESOLUTION AUTHORIZING THE BATTLE OF SAN JACINTO TRIATHLON AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF STATE RIGHTS-OF-WAY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Moser to approve Resolution 2006-08 as presented by Ms. Scott. Second by Council member Clausen. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter. Nays: None Abstain: None 8. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with Hull & Hull, Inc. for the construction of Fire Station No.3 for a net cost of $1,462,402 with a five percent (5%) contingency of $68,475 and to initiate a deduct Change Order #1($112,894) for a total construction cost of$I,417,983 and to authorize the City Manager to increase the budgeted amount of$I,609,758. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2878 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HULL & HULL, INC. FOR THE CONSTRUCTION OF FIRE STATION NO.3, APPROPRIATING $1,462,402.00 PLUS A CONTINGENCY OF $68,475.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 2878 as presented by Mr. Sabo. Second by Council member Mosteit The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter Nays: None Abstain: None City Council Regular Meeting and Workshop Meeting - March 27, 2006 Page 3 9. Council to consider approval or other action awarding of Texas Buy Board bid to May Recreation Equipment Company for play and park service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, and according to Council determination and funding approval. Director of Parks & Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Council member Engelken to approve bid with the stipulation one portion of equipment go into Spencer Landing and Pete Gilliam Park will be determined at a later time where that equipment will go subject to purchasing verifying the state quotes. Second by Council member Moser. The motion carried. The motion carried with stipulation one portion of equipment go into Spencer Landing and Pete Gilliam Park will be determined at a later time where that equipment will go subject to purchasing verifying the state quotes. Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter Nays: None Abstain: None 10. Council to consider approval or other action providing staff approval to expand election duties to include Morgan's Point, Shoreacres, La Porte Independent School District Joint Election for May 13,2006 and discuss possible joint elections with all three cities in the future. City Secretary Martha Gillett presented summary and recommendation and answered Council's questions. Motion was made by Council member Beasley to approve expanding election duties as presented by Ms. Gillett. Second by Council member Moser. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter Nays: None Abstain: None 11. Close Regular Meeting and Open Workshop at 6:58 p.m. A. Council received a report from Purchasing Susan Kelley and Assistant to the City Manager Crystal Scott on Siemens Building Technologies, Inc. 12. Closed Workshop meeting and reconvened Regular Meeting at 7:40 p.m. 13. Administrative Reports City Manager Debra Feazelle reminded council of the Pre-Budget Retreat, April 8, 2006, from 8:30 a.m. until 4:30 p.m at Nature Armand Bayou Center., the Spring Holiday, April 14, 2006, La Porte Neighborhood 2006 Gala, April 20, 2006 at Sylvan Beach Pavilion City Offices closing, Norman Malone Memorial GolfToumament, April 26, 2006 at Bay Forest Golf Course, Sylvan Beach Day April 29, 2006 and Prayer Breakfast/Ministerial Alliance, May 4,2006 at Senior Center from 7:00 a.m. until 9:00 a.m. 14. Council Comments Moser, Beasley, Ebow, Mosteit, Clausen and Rigby had comments. 15. 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 City Council Regular Meeting and Workshop Meeting - March 27, 2006 Page 4 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) A. 551.071 - (PENDING OR CONTEMPLATED LITIGATION) -MEET WITH CITY SECRETARY, CITY MANAGER AND CITY ATTORNEY TO DISCUSS TEXAS ATTORNEY GENERAL COMPLAINT B. 551.072 - (SALE OR EXCHANGE OF PROPERTY) - MEET WITH CITY MANAGER, DIRECTOR OF PARKS AND RECREATION AND CITY ATTORNEY TO DISCUSS EXCHANGE OF PROPERTY C. 551.074 - (PERSONNEL MATTERS) - CITY MANAGER'S EVALUATION Council went into Executive Session at 7:46: p.m. 16. There was no action taken during Executive Session. Council adjourned the Executive Session at 10: 17 p.rn. 17. Council to consider approval or other action regarding amendments to the City Manager's Employment Agreement Mayor Alton Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2613-A -AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY MANAGER OF 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. Motion was made by Council member to approve the Ordinance 2613A as presented by Mr. Porter. Second by Council member. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Rigby, Beasley, Clausen and Mayor Porter Nays: Abstain: None 18. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10: 18 p.m. Respectfully submitted, ; ';.;t(j~~~ City Secretary P~ssed and apRroved on this 10th day of April 2006 ~~~~ Mayor Alton E.Porter REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 10, 2006 0" Requested By: Stephen L. Barr ~ Appropriation Source of Funds: N/ A Department: Parks & Recreation Acc't Number: Report: --1L-Resolution: _Ordinance:-1L Amount Budgeted: N/A Exhibits: Park Zone Map Amount Requested: N/A Exhibits: BudQeted Item: YES NO N/A Exhibits: City Potenti:ll P:lrkl:lncl Appr:lis:l1 (on file in City Secretary's Office) SUMMARY & RECOMMENDATION See attached report and supporting documents. Action Required bv Council: Consider approval of Ordinance 1444-G Amending Section 12.00 "Open Space Within Subdivisions and Developments, Parks and Parkland Dedication, Special Use Sites" of City of La Porte Ordinance 1444-G By Replacing Sections 12.00 through 12.06 and Section 12.09, Amending Section 12.10, and Amending Sections. 5.00 through 5.04."General Standards for Subdivisions and Developments". rove 0 It ounCl en a !??6 Dat ORDINANCE NO. 1444--.6... AN ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 1444-C BY AMENDING SECTION 5.00 "GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS" BY REVISING SECTIONS 5.00, 5.01 AND 5.03 AND BY DELETING SECTION 5.04 IN ITS ENTIRETY; AND BY AMENDING SECTION 12.00 "OPEN SPACE WITHIN SUBDIVISIONS AND DEVELOPMENTS, PARKS AND PARKLAND DEDICATION, SPECIAL USE SITES" BY REPLACING SECTIONS 12.00 THROUGH 12.06 AND SECTION 12.09 AND AMENDING SECTION 12.10; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of La Porte finds and determines that the platting of residential subdivision and development of lots results in an increase of population, which in turn necessitates additional park land and park improvements; and WHEREAS the City Council of the City of La Porte finds and determines it is in the best interest of the citizens of La Porte, Texas, to insure that residential developments will provide for sufficient land and the development of park improvements and amenities to meet the demand for future neighborhood parks; and WHEREAS the City of La Porte recognizes that the establishment of neighborhood parks is necessary and in the interest of the public welfare, and that an effective method to provide for same is the incorporation of procedures for formulating fees in lieu of land dedication in areas where the fee in lieu of land dedication is feasible, within the ambit of the City's Comprehensive Plan and Development Ordinance including the 2001 Parks Open Space and Trails Master Plan; and WHEREAS the City of La Porte finds that the Development Ordinance and the 2001 Parks Open Space and Trails Master Plan provides for the provision of park space, amenities and maintenance of same; and WHEREAS the City of La Porte finds the current ordinance does not provide sufficient revenue to offset the cost of acquisition, development and maintenance of future neighborhood park land and amenities; and WHEREAS it is the intention of the City to promote the orderly development of the City of La Porte, establish guidelines for the provision and maintenance of park lands and their amenities; ORDINANCE NO. 1444-11 Page 2 NOW, THEREFORE, 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 all prerequisites of law have been satisfied, that the foregoing findings of fact are true, and the City Council hereby declares that Sections 5.00 through 5.04 and Sections 12.00 through 12.06 and Section 12.09 Ordinances No. 1444-C are hereby replaced and Section 12.10 is hereby amended, and the City Council further determines and declares that said amendments are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan and Development Ordinance. Section 2. Sections 5.00, 5.01 and 5.03 of City Ordinance No. 1444-C are hereby revised and shall read as shown on Exhibit "A", attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes. Section 5.04 of City Ordinance No. 1444-C is hereby deleted in its entirety. Section 3. Sections 12.00 through 12.06 and Section 12.09 of City Ordinance No. 1444-C are hereby replaced and Section 12.10 is hereby amended to read as shown on Exhibit "B", attached to this Ordinance as Exhibit "B", and incorporated by reference herein and made a part hereof for all purposes. Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance, Development Ordinance, or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued ORDINANCE NO. 14444 Page 3 Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. ORDINANCE NO. 1444-12 Page 4 PASSED AND APPROVED THIS THE -JbAY OF ~ ' 2006. CITY OF LA PORTE ('... <:0 By: ~-~. \~ ALTON E. PORTER, Mayor ATTESTATION: BY:~~ M AGILLE, City Secretary EXHIBIT "A" 5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS A. La Porte Street Classification System 1. General: The street pattern of a city should provide adequate circulation within the city while discouraging through traffic within local neighborhoods. This may be accomplished by providing thoroughfares spaced at approximately one-mile intervals and collector streets within neighborhoods space at about half-mile intervals to link local streets to the thoroughfare network. 5.01 GENERAL STREET STANDARDS A. MINIMUM WIDTHS: Public or private streets shall have a minimum pavement width of 28 feet. Public or private alleys shall have a minimum pavement width of 20 feet. B, THOROUGHFARE EXTENSIONS: Right of way widths for thoroughfare extensions shall be as indicated in the PICM along the entire frontage of the tract being developed. Where the existing dedicated right of way width fronting the adjacent property is less than shown in the PICM, a transition zone of 300 feet of frontage of the new development shall be provided between the existing and new right of ways. C. CONTINUATION OF ADJOINING STREETS: The arrangement of streets in new developments shall make provisions for the appropriate continuation of existing streets from adjoining properties. D. FUTURE PROJECTIONS OF STREETS: Where adjoining areas are not developed, but may be developed, the arrangement of streets in a new development shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new development at appropriate locations. All such streets shall be designed in accordance with the PleM. E. PROVISIONAL ONE FOOT RESERVE is to be used along the side or end of streets that abut acreage tracts. The note shown in Enclosure 8 to Appendix D is to appear on the Final Plats and Street Dedication Plats, where appropriate. F. HARRIS COUNTY ROAD LAW: All subdivisions within the City's extraterritorial jurisdiction shall comply with the current Harris County Road Law. The statement to be found in Enclosure 1 to Appendix D is to appear in Final Plats. G. STREET NAMES: 1. Street names shall be the same as existing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a duplicate of an existing or proposed street name within the City. 2. Proposed new names must be submitted to the Department for checking prior to the submittal of first plan and plan. 3. The developer shall provide street name signs in accordance with the approved City Public Improvement Criteria Manual. H. ALLEYS: Alleys may be provided within any subdivision or development to provide secondary vehicular access to building sites which otherwise have their primary access from an adjacent public street. Alleys shall Page 2 of 4 not be used or designed to provide principal access to any tract of land and shall not provide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. \. PRIVATE STREETS AND ALLEYS: Streets and alleys which the developer proposed to privately maintain in perpetuity through a community association or other approved means are to be designated as "private" on the plat. Design and construction of such streets and alleys will be identical to design and construction standards for public streets. Right of way lines may be coterminous with the edge of pavement. J. ENGINEERING DATA (See the PICM). 5.02 SIDEWALKS All sidewalks, where required by the Comprehensive Plan or by the Commission shall be constructed in accordance with the PICM. 5.03 LOTS General: The lot design of a Subdivision or Development should provide for lots of adequate width and depth to provide open area and to eliminate overcrowding. Lots should be rectangular so far as practicable and should have the side lot lines at right angles to the streets on which the lot faces or fadial to curved street lines. Lots with double frontage are prohibited except when backing on major thoroughfares and upon approval by the Planning Commission. A. All lots shown on the plat will be for residential purposes unless otherwise noted. Page 3 of 4 B. Side lot lines shall be perpendicular or radial to street frontage and the following note may be in lieu of bearings: "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted". C. Driveway access to thoroughfares shall be prohibited. (See City Thoroughfare Plan). D. Double front lots are prohibited except when backing on major thoroughfares. E. MINIMUM LOT SIZES: 1. Lot width and area requirements established by the City Zoning Ordinance shall govern. 2. All lots within the City's extraterritorial jurisdiction shall meet the minimum width and area requirements established in the R-1, low density residential district of the Zoning Ordinance. 5.04 DELETED IN ITS ENTIRETY AND RESERVED FOR EXPANSION Page 4 of 4 12.00 EXHIBIT "B" OPEN SPACE WITHIN SUBDIVISIONS AND DEVELOPMENTS, PARKS AND PARKLAND DEDICATION, SPECIAL USE SITES - PURPOSE, FORMULA FOR DETERMINATION OF FEES IN LIEU OF DEDICATION a. This ordinance is amended with the express purpose to provide recreational areas and amenities in the form of neighborhood and community parks as a function of residential development in the City of La Porte. This ordinance amendment is enacted in accordance with the Home Rule powers of the City of La Porte granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, TEX. LOC. Govt. CODE ~ 5 1.071 et seq. and ~ 212.001 et seq. It is hereby declared that by the City Council of the City of La Porte that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property of a residential subdivision in the City of La Porte, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas. b. Neighborhood and Community Parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood areas, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect such purposes. c. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte, the following formula is hereby adopted. The population of the City of La Porte based on the latest United States Census data, adjusted on an annual basis based on the predicted growth of the City as found in the Parks and Open Space Master Plan of the City for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte, resulting in the Number of Persons Per Neighborhood or Community Park Acre in the City of La Porte. This result is then divided by the Number of La Porte Persons Per Dwelling Unit as identified in the latest United States Census data, giving the Number of Dwelling Units Per Acre of Neighborhood or Community Parkland. This number is then divided into the Total Acquisition Cost for land at the average appraised value, and Development Cost per Acre for development of the land into a typical park as identified in the Parks and Open Space Master Plan of the City. d. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the City, the parkland dedication or in lieu acquisition costs for parkland, and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity, an amendment to the Ordinance to correct the inequity will be presented to Council for consideration. SECTION 12.01 GENERAL REQUIREMENT FOR DEDICATION OF LAND AND PAYMENT OF PARK DEVELOPMENT FEE a. Whenever a Final Plat is filed of record with the County Clerk of Harris County, Texas or a Development Site Plan, or a Property Survey is submitted and filed with the Approving Authority of the City in accordance with the provisions of this Ordinance and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this ordinance, a "dwelling unit" means each individual residence, including individual residences in a multi-family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the city to another area of the city are specifically excluded from the park development fee requirements of this ordinance. Any proposed plat, or site plan, or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section. The required land dedication of this Section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this ordinance. In the event a plat is not required and a Development Site Plan or Property Survey is filed, the dedication of land or payment in lieu of land Page 2 of 6 required under this Section shall be met prior to the issuance of a Building Permit by the Approving Authority of the City. b. The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval, the Approving Authority may require the developer to pay the applicable cash in lieu of land amount, as provided in Section 12.02 hereto. c. In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by ordinance of the City Council of the City of La Porte, the park development fee shall be calculated on the basis of $318 per dwelling unit. d. In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the Approving Authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the Approving Authority has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable Homeowner's Association. e. In instances where land is required to be dedicated, the Approving Authority shall have the right to accept or reject the dedication after consideration of the recommendation of the Parks and Recreation Director or the Planning and Zoning Commission, and to require a cash payment in lieu of land in the amount provided under Section 12.02 hereto, if the Approving Authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. f. When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Parks and Page 3 of 6 Recreation Department, at the time of preliminary plat approval, will work with the developers to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined by the Approving Authority, as provided in section 12.02 herein. SECTION 12.02 CASH PAYMENT IN LIEU OF LAND a. A developer responsible for land dedication under this ordinance shall be required, at the Approving Authority's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the City Council sufficient to acquire neighborhood parkland. Unless and until changed by the City Council, such fee shall be computed on the basis of $490 per dwelling unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of $318 set forth in Section 12.01 above. The cash payment in lieu of land dedication is in addition to the required park development fee. The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in Table 1, attached hereto. b. The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth in Section 12.01 above. Such cash payment is in addition to the payment of the required park development fee. SECTION 12.03 SPECIAL FUND a. All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same. All Page 4 of 6 expenditures from the said Fund will be reviewed and approved by the Assistant City Manager for the City of la Porte. b. The City of la Porte shall account for all sums paid into the Park Development Fund with reference to the individual plats involved. SECTION 12.04 PRIOR DEDICATION, ABSENCE OF PRIOR DEDICATION a. If a dedication requirement arose prior to the passage of this ordinance, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwellings units constructed upon property is greater than the former assumed or planned number of dwelling units. Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth hereinabove. b. At the discretion of the City, any former gift of land to the City may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The Approving Authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. SECTION 12.05 ADDITIONAL REQUIREMENTS, DEFINITIONS a. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 1 OO-year f100dway as determined by the Harris County Flood Control District. 2. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. The above characteristics of a parkland dedication area may be grounds for refusal of any plat. b. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of la Porte, if no significant area of the park is cut off from access by such channel, if not less than five (5) acres of the site is above the 100-year flood plain, or if the dedication is in excess of ten (10) acres, not less Page 5 of 6 than fifty percent (50%) of the site should be included in the 100 year flood plain. c. Each park must have ready access to a public street. d. Unless provided otherwise herein, an action by the City shall be by the Approving Authority, after consideration of the recommendations of the Planning and Zoning Commission and/or the Director of Parks and Recreation. e. Any preliminary plat approved prior to the effective date of this ordinance shall be exempt from these requirements set forth herein; however, when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this ordinance. 12.06 RESERVED 12.09 RESERVED 12.10 INSTRUMENTS OF DEDICATION The park land dedication required by this Ordinance shall be made in the case of a Subdivision by a reservation on the Final Plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the Final Plat. In the case of a Development Site Plan, the dedication required by this Ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided by Section 12.02 of this Ordinance. Page 6 of 6 PARKLAND DEVELOPMENT/DEDICATION FEE COMPARISON Revised April 2006 CITY FEE COMMENTS Alvin No Fee Only require certain amount of green space per unit Bavtown No Fee Beaumont No Fee Deer Park See Comments 5% of raw land value Friendswood $272 - $439 Neighborhood park fee per unit dependent upon zone. Zero fee for an Plus $300 already developed neighborhood park in the area. They also charge a community park fee of $300. The neighborhood park fees are generally paid by the developer when they file final plat. The community park fee is generally paid by the builder when permit is rec'd Houston Left message. No one called back Lake Jackson $252 - $295 $295 per lot in the subdivision; or $252 per living unit in a duplex, townhouse, apartment, or other multifamily units, computed on the average base market value of $18,000 for one acre of land served by a street, sewer and city utilities. League City $800 - $1,000 $1,000 per dwelling unit paid at the time of the approval of the Final Plat of each section. If Developer elects to pay Parks Dedication Fees at the time of the approval of the Development's Master Plan for the entire development, the fee is $800 per dwellina unit. Missouri City $900 1 acre per 100 dwelling units must be set aside - can pay cash in lieu of. Also, a 1/2 land 1/2 cash for community park land development - this way land is maintained bv HOA Mont Belvieu $250 Per dwelling unit. A 10% discount is given if full amount of fee is paid at time of approval of Final Plat. Pasadena No Fee Land is either deeded over to City or Home Owners Association maintains. Pear1and $750 Seguin No Fee Sugar1and $350 Texas City See Comments Park Board determines whether space or cash is required. If space is required, 1/2 acre per 200 lots is required. $10,000 per acre of the required park space if cash is accepted. Cash can be used towards any park the board deems appropriate. Cedar Hill $500 Parks and Recreation Department Park Development Fee Proposal April 10, 2006 Stephen L. Barr, Director Page 1 of 3 Overview The City of La Porte adopted a Development Ordinance (#1444) in 1985, with a park dedication provision (Section 12.00 - 12.10), requiring developers to give the city land or money to ensure adequate parkland in newly developed neighborhoods. Under the current Development Ordinance, a subdivision developer in La Porte is required to provide 1 acre per 160 dwelling units, or $175 cash per dwelling unit, to the City. The City has the right to reject an offer of land, and insist on the cash, should the Park Zone possess adequate park property. When it was implemented, the intent of this provision was to ensure that citizens have access to open space as the City continues to grow. Parks in neiQhborhoods add social and recreational opportunities, while incorporating aesthetics Within the community. Over time as costs have increased, it has become evident that our ordinance is relatively weak and does not cover the cost of acqUiring and developing future parkland to meet the needs of our future neighborhoods. Current Status Most cities in Texas base their parkland dedication fees on the concept that the fee should cover the cost of acquiring and developing enough land for a park to service the new subdivision. A fee based on residential land costs and development costs of would be appropriate for implementation to developers to cover the cost for park development for future subdivisions. Survey results of cities in the area with similar sections (or separate ordinances) in place; indicate an average range of between $250 and $600 per dwelling, but a number of cities have recently increased their development fees comparable to our proposal. The maximum per unit fee in Texas at present is the City of League City, at $1,500 per dwelling. A strong dedication ordinance sends the message that neighborhood residents should pay for neighborhood services, such as parks, induding land and development costs, for their neighborhoods. In other words, the burden of providing new park services should fall primarily on new residents, while existing residents pay for maintenance, upgrades of neighborhood parks, and new park facilities that serve the entire city. As our ordinance currently stands, fulfilling the dedication requirements allows our entity to acquire in some cases, but certainly does not cover the costs to acquire and develop needed park property. If the City already owns a parcel of land, then the existing ordinance will generate revenue toward development of the property. However, the optimum dedication does not generate enough revenue for our entity to purchase land and fully develop the property. A good example of this is the recent Spencer Landing subdivision where money collected in park development fees was insufficient to provide both park land and development. Staff is recommending adoption of the proposed amendments to the Development Ordinance to provide a substantial increase in the ordinance park dedication fee to meet future neighborhood parkland acquisition and development is in order. The intent is part of an effort to generate enough revenue to offset the cost of the development of a neighborhood park. People move to La Porte for specific reasons, and "quality of life" is a primary reason. Adequate park space is a fundamental service our department must provide. Staff feels that having a speCific fund with assets dedicated to the total development of a park, as it becomes needed, is more reasonable than raising taxes. We provide a lifestyle choice in our city for the citizen who desires to live here. Their voices are unified and clear when they demand more parks and open space (see the 2001 City of La Porte Park Master Plan). Proposed Change Based on research of other Texas cities, combined with information provided by the La Porte 2001 Parks Open Space and Trails Master Plan, staff has proposed the following Page2of3 changes to the Development Ordinance. These changes are based on the Cedar Hill model for fee determination (see the attached "Worksheet for Park Development Fees"). These options would allow a developer to choose the most advantageous method of payment, based on land availability, cost, and other fadors: 1. Developer meets land dedication requirements (1 acre per 93 dwelling units), and cash ($318 per dwelling unit) for park development. The City would take the revenues generated and use to develop the park, and accept the cost of future maintenance and improvements as needed. 2. Developer meets land dedication requirements (1 acre per 63 dwelling units), and constructs the neighborhood park per City standards) in lieu of a park development fee. In this case, the City would receive no revenue and would accept the future maintenance costs of the property as City property. 3. Developer provides cash for acquisition ($490 per dwelling unit) and development ($318 per dwelling unit), for a total of $808 per dwelling unit. The City would then purchase and develop the park and accept future maintenance costs entailed. Summary The proposal should meet our current needs but does not provide for future increases in land and development costs. This proposal represents a very large increase (from $175 to $808 per dwelling unit) for area developers wanting to develop land in the city. In addition, staff is recommending that infill units within existing communities such as old La Porte also be required to pay the park development fee to assist in upgrading and refurbishing existing parks and potential new parks in these established neighborhoods. Staff recommendation is to establish a review process on a three year cyde to pick up inflationary or deflationary changes in the land market or cost of development. I will be happy to answer any questions you may have regarding these issues. Attachments Page 3 of 3 City of La Porte Parks & Recreation Department Estimate of Park Development costs Typical 5 Acre Park (Park Master Plan identifies 2-10 acres as appropriate size for Neighborhood Parks) Land Cost: 5 acres at @ $45,738 per acre (see attached appraisal for parkland prepared by R.e. Chuoke & Associates, Inc. dated June 2, 2005, value set at 1.05 per square foot) = $228,690 Play Equipment and Park Service Equipment (from Parks to Standard Program) 27,500. Utility Service - General Water - water tap, service lines, etc. Sewer - sewer tap service lines, etc. Electric plus security lights, installation, misc. Site/drainage work for practice fields, etc. 15,000 Parking Spaces (8 minimum per Master Plan) 8 spaces @ $4,000 ea. (Pond to Park est.) 32,000 $3,000 J60,000 $366,190 1 j ,000 $377,190 Practice Field Equipment Pavilion (recommended by Parks Master Plan) Estimated cost for 5 acre park Plus desian fees CW 8 Dercent (subtract land cost= $137,500) Total estimated cost for 5 acre park Estimated cost per acre of developed park is: $377,190 divided by 5 acres = $75,438 per acre Estimated cost per new La Porte family to provide new parkland per acre is: $75,438 divided by 93.26 dwelling units per acre = $808 per dwelling unit Land Acquisition portion per dwelling unit is .6063 of total cost per dwelling unit, or: $808 multiplied by .6063 = $489.89 ($490, rounded to nearest dollar) Park Development portion per dwelling unit is total cost per dwelling unit, minus Land Acquisition portion, or: $808 minus $490 = $318 per dwelling unit City of La Porte Parks & Recreation Department Worksheet for Park Development Fees Based on Cedar Hill Model April 10, 2006 Step 1 Neighborhood and Community Parks provided for La Porte's general public, excluding regional parks or special use parks (Le. golf course, Sylvan Beach, etc.), and undeveloped parkland, as identified in Parks Master Plan, adopted by City Council in 2001. Identified 119.74 acres of available neighborhood and community parkland Step 2 Population of La Porte was 31,880 (2000 Census figure) Park Master Plan estimates 2% annual growth for La Porte: Population in 2005 estimate is: 34,507. Step 3 Divide City's population into Total Neighborhood and Community Park Acres: 34,507 estimated population, divided by 119.74 acres of parkland = 288.183 persons per Neighborhood or Community Park acre. Step 4 Identified Number of La Porte Persons Per Dwelling Unit per 2000 Census: 3.09 persons per Dwelling Unit. Step 5 Divide number of persons per park acre by the number of persons per dwelling unit: 288.183 divided by 3.09 = 93.26 dwelling units per acre. Step 6 Identify acquisition and development cost for a "typical" Neighborhood Park Acre, referencing the La Porte Park Master Plan definition: Total Acquisition and Development cost (per acre) for typical 5 acre park (see Estimate of Park Development Costs) is $75,438 per acre. Step 7 Divide the acquisition and development cost per acre by the number of dwelling units per park acre: $75,438 divided by 93.26 dwelling units per acre = estimated $808 per dwelling unit for each acre of developed parkland. ~ N.T.5. 6 _MONT PKWY. CITY OF LA PORTE. - PARK ZONES 13 Schedule for Potential Parkland Contribution Levels (assuming same population levels, etc.) Costlo Number of Cost To Developer Developer Per Description of Estimated Population Persons Per Number of Acres Per Dwelling Unit, Dwelling Unit, Various Parkland Parkland Acreage Population of La Divided by Dwelling Unit (Per of Parkland Per Including With Parkland Levels Levels Porte, 2005 Parkland Acreage 2000 Census) Dwelling Unit Parkland Donated Neiahborhood Parkland 29.64 34 507 1.164 3.09 377 200 -290 Community and Neighborhood Parkland 119.74 34,507 288 3.09 93 809 319 Neighborhood Parkland, plus Undeveloped Land (includes Spenwick and Driftwood "Pond to Park") 185.44 34.507 186 3.09 60 1,253 763 Neighborhood Parkland, Plus Regional Parkland (includes Bay Forest Golf Course) 192.43 34.507 179 3.09 58 1,300 810 Nerg , Plus Regional Parkland, PIu8 Undeveloped Parkland 258.13 34,507 134 3.09 43 1,744 1,254 Due to the volume of this document, a copy is available for your review in the City Secretary's Office R.C. Chuoke &. Associates, Inc. Appraisers & Consultants P.O. Box 1447 League City, Texas 77574 Office- 281-338-9633 Fax- 281-338-9533 ) Mr. Steve Barr City of La Porte P.O. Box 1115 La Porte, Texas 77572 ~JJ~~ t~~~ June 2, 2005 RE: Market Value Research Report Study regarding estimated market values of various tracts ofland for the proposed park expansion study, City of La Porte, Harris County, Texas. Dear Steve: In accordance with your request, I have researched comparable sales and listings in the La Porte area for use in preparing a market value study on values of unimproved tracts of land. As we had discussed earlier, the basic size range anticipated for these future park sites between 5 to 15 acres with locations off of the major roadways. Per our agreement, the data and limited analysis is presented in a very brief discussion/memo format and the report does deviate from the USPAP as permitted upon agreement between client and appraiser. The data and conclusions gathered by my investigation is from sourceF: believed reliable and true. In preparing this letter of opinion, a study of comparable sales, listings and other related market data was performed. It should clearly be understood that this letter report only constitutes only a limited analysis and statement of the estimated value ranges for certain general areas of a neighborhood and that does not presume to be the complete analysis of a certain tract(s) nor a complete appraisal and is subject to the preparation of a more formal study which can be ordered by the client at a future date. City of La Porte The intended user of this appraisal is the City of La Porte only. The intended use is to determine an estimated market value range for at least six (6) of the original 13 pre-defined zones in the city limits of La Porte. (see addenda for zone map). Given the scope of analyzing such a large market area and large amount of variances in such a market, I have made the following assumptions with respect to some of the site characteristics of the potential park site. - Reasonable access from dedicated public roadways - No adverse deed restrictions and/or easements. ZONE 1 The unit market values in this "zone" appear to vary generally from +-$0.25 PSF to over $1.00 PSF for larger parcels. This zone is located south of Spencer and north of Fairmont Parkway on the most westerly end of La Porte City limits as it transitions into Pasadena. Prime thoroughfare locations in this zone tend to be more valuable here due to Spencer Highway and Fairmont Parkway locations and the interior areas are either undeveloped tracts of land or residential subdivisions. Sale 1 is located in the this zone with Sale 10 located just west of Zone 1 but is considered comparable. Average market value for this zone is $0.77 PSF. ZONE :1 The unit market values in this "zone" which were identified ranged from +- $0.22 PSF to over $0.44 PSF. This zone is generally located north of Spencer and south of North "P" Street in the westerly end of La Porte City limits as it transitions into Deer Park. Prime thoroughfare locations in this zone tend to be more valuable here due to Spencer and Fairmont addresses with interior streets such as North "P" and North "L" Street typically having residential uses located in a few existing planned subdivisions or larger tracts of 1 to 5+ acres. There are some special purpose use noted in this zone such as the La Porte Airport. Sales 2, 3, 4 and 5 are located in the this zone with unit values City of La Porte of $0.34, $0.60, $0.44, and 0.26 PSF with an average of $0.40 PSF for Zone 3. ZONE 5 Zone 5 is located due east of Zone 3 just west of Sens Road and north of State Highway 225. The unit market values identified in this "zone" appear to vary generally from +-$0.25 PSF to over $10.00 PSF for tracts located on the major commercial roadways. larger parcels. This zone is located north of Spencer and south of State Highway 225 and west of Sens Road. It is considered to be generally located in the central area of La Porte City limits. It is characterized by having frontage on major city thoroughfares such as State Highway 225 as well as Spencer Highway (aka West Main). Sens Road is primary north/south road in this zone. Sens Road is primary north/south road in this zone. Sales 9, 11, & 16 were located in the this zone. The unit values for these sales were as follows Sale 9- $0.30 PSF, Sale 11 - $0.26 PSF and Sale 16 -$1.26 PSF. The average for Zone 5 was $0.61 PSF. :~~": ZONE 6 This zone is located on the southerly end of La Porte city limits and lies south of Zone 5. This zone lies north of the Bayport Industrial District. Uses in this zone are primarily residential uses located along its west boundary and heavy commercial to industrial uses located on its eastern boundary towards State Highway 146 and Bay Area Blvd. Sales identified in this "zone" were as follows, Sale 7-$1.35 PSF and Sale 8 - $1.79 PSF. These sales were located on Fairmont Parkway which is a primary throughfare. Sale 12 is located in Zone 1 but was considered comparable to Zone 6 in terms of it use profile. Sale 1~ had a unit value of $0.39 PSF. The average for the sales identified with this zone (including Sale 12) is $1.14 PSF. ZONE 7 This zone is located south of Spencer Highway and north of Fairmont Parkway on the most westerly end of La Porte City limits as it transitions into Pasadena. Sens Road and State Highway 146 are primary north/south roadways in this zone. Property usage is primarily commercial and industrial along State Highway 225 and State Highway 146 with limited single family." residential uses located on the interior secondary roadways typically located City of La Porte in a small area on the southeast corner of the identified zone. In terms of sales, Sale 15 was located in this zone and had a sales price of 0.96 PSF. Also, Sale 14- $3.75 PSF and Sale 18 - $0.67 PSF which were located in Zone 11 were considered to be comparable to Zone 7. ZONE 9 Zone 9 is located in the southeasterly regions of La Porte. This zone is located west of Galveston Bay, south of Fairmont Parkway north of McCabe Road and east of State Highway 146. Property usage in this zone is primarily residential with some commercial usage along South Broadway and State Highway 146. Some special purpose uses in this zone included a golf course as well as Galveston Bay frontage. The unit market values identified in this "zone" were Sale 13 at $1.14 PSF and Sale 19 at $1.27 PSF. Sale 20 was located just north of this zone in Zone 10 and were considered comparable. These tracts had unit. ~. values of$2.11 PSF and was a pending sale. Conclusions. This limited scope study involved the review of comparable land sales in the overall La Porte area marketplace. The majority of the sales noted in this analysis were generally under 10 acres in size. Naturally the sales located on the major roadways had higher unit prices than interior roadways and these sales were used as upper market indicators. Per our discussions, it is assumed that some of these potential size would be obtained from project developers who have sites which lend themselves to park sites or other "institutional" uses which might augment their particular development plan. It is assumed that these potential "institutional" sites would have reasonable access, frontage, shape and existing utility infrastructure aspects in place. 1)' City of La Porte The following are the summarized values noted for the primary zones: SALE 7WACT UNrl' # SIZE ZONE PRlCEIPSF . $.: 1 18.19 1 $0.28 2 5.00 3 $0.34 3 4.00 3 $0.60 4 4.00 3 $0.44 5 5.34 3 $0.26 6 4.22 8 $0.83 7 3.09 6 $1.35 8 2.75 6 $1.79 9 2.00 5 $0.30 10 10.31 1* $1.25 11 2.50 5 $0.64 12 3.21 1 $0.39 13 3.81 9 $1.14 14 2.30 11 $3.75 15 3.62 7 $0.96 16 10.29 5 $1.62 17 28.63 4* $0.96 18 1.72 11 $0.67 19 3.78 9 $1.27 20 1.20 10 $2.11 6.00 $1.05 AVERAGE AVERAGE The average for the 20 sales identified in this analysis was $1.05 PSF. The "averaged" site size of the sales was 6.00 acres. City of La Porte Please let me know if you have any questions with respect to this preliminary_ market study. Respectfully Submitted, Q(QSident R.C. CHUOKE & ASSOCIATES, INC. ,., :~t~', If.,;~, ~TVALUEDEflNED According to the definition contained in the Glossary o/17SPAP, "Marlu!t Value" is defined as liThe most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. II Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: . Buyer and Seller are typically motivated. . Both parties are well informed or well advised and each acting in what they consider their own best interest. . A reasonable amount oftime is allowed for exposure in the open market. . Payment is made in cash in U.S. dollars or in terms of financial arrangeme"'lts comparable thereto; . The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. SCOPE OF ANALYSIS AND REPORT The Scope of the activities undertaken by the appraiser to complete this report included a person inspection of the subject property and the subject neighborhood. The market data utilized in this report has been derived from a search of market data sources such as commercial data sources such as REV AC, MLS, Harris County deed records, conversations with local brokers and agents, appraisers and other sources of local information and data as well as other familiar with the subject property. The value estimate in this report is based on a review and analysis of the data presented and a review of the three (3) approaches to value of which only the Direct Sales Approach was used. The values noted in this limited scope assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. MARKETVALlJE DEFINED Market Value is defined as "The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: . Buyer and Seller are typically motivated. · Both parties are well informed or well advised and each acting in what they consider their own best interest. · A reasonable amount of time is allowed for exposure in the open market. · Payment is made in cash in U.s. dollars or in terms of financial arrangements comparable thereto; · The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ">\':'; CONTINGENT AND LIMlTJNG CONDITIONS 1) The legal description furnished is correct. 2) The title to the property is good and marketable. 3) No responsibility for legal matters is assumed. 4) It is assumed that the property is free and clear of indebtedness of all taxes and assessments that have been paid. 5) Possession of this report does not carry with it the right of public nor may it, or any part thereof, be used by anyone but the applicant without the previous written consent of the appraiser. 6) Sketches and maps included in this report are to assist the reader to visualize the property, and responsibility is not assumed as to their accuracy as I have made no survey of the property. 7) No part of this appraisal shall be used in conjunction with any other appraisal, and all opinions expressed herein are invalid if so used. 8) We believe the information in this report to be reliable if furnished by others, but we assume no responsibility for its accuracy. 9) We are not required to give testimony or to appear in court by reason of this appraisal, with reference to the property in question, unless arrangements have been made previously. ',~- 10) Upon inspection of the subject property, no evidence of hazardous wastes were noted and, if hazardous wastes are found on the property, it may affect the value of the site. This appraisal has been made under the assumption that the subject property does not have potentially hazardous waste deposits. 1~' 11) Any lease, agreements or other written or verbal representations and/or communications and information received by the appraiser(s) have been reasonably relied upon in good faith but have not been analyzed for their legal implications. We urge and caution the user of this report to obtain legal counsel of his/her own choice to review the legal and factual matters, and to verify and analyze the underlying v facts and merits of any investment decision in a reasonably prudent manner. 12) No soil or subsoil data or analysis based on engineering core borings or other tests were furnished to us. We have assumed that there are no subsoil defects present that would impair development of the land to its maximum permitted use or would render it more or less valuable. No responsibility is assumed for engineering which might be required to discover such factors. 13) The projections of income, expenses, terminal values or future sales p prices are not predictions of the future, rather, they are the best' estimate of current market thinking of what the future trends will be will b be. No warranty or representations is made that these projections will materialize. The real estate market is constantly changing. It is not the task of the appraiser to estimate the conditions of future real estate market, but rather to reflect what the investment community envisions for the future, and upon what assumptions the future investment decisions are based. 14) The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have NOT made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the ADA. It is possible that a detailed survey of the subject property would reveal that the subject property is not in compliance with the ADA. i\DDENDA \ \ \ \ \ \ \ \ \ \ \ \ I I COMPARABLE SALES \ I SALE 1 ZONE 1 LOCATION: N/S OF F AIRMONT P ARKW A Y EAST OF I BROOKWOOD. I DATE: 9/23/03 SIZE: 18.19 Acres I PRICE: $222,000 OR $0.28 PSF I ZONING: R-1 I SALE 2 ZONE 3 I LOCATION: 11034 BLOCK OF NORTH "H" STREET I DATE: 1/16/98 SIZE: 5.00 Acres I PRICE: $75,000 OR $0.34 PSF I ZONING: R-1 I SALE 8 ZONE 3 I LOCATION: 10400 BLOCK OF NORTH AVENUE "L" I DATE: 1/05/05 SIZE: 4 Acres I PRICE: $105,000 OR $0.60 PSF I ZONING: R-1 I SALE 4 ZONE 3 LOCATION: 10313 NORTH AVENUE L DATE: 4/22/05 SIZE: 4.00 Acres PRICE: $76,000 OR $0.44 PSF ZONING: R-l SALE 5 ZONE 3 LOCATION: NORTH LINE OF NORTH P STREET DATE: 4/26/01 SIZE: 5.34 Acres PRICE: $60,000 OR $0.26 PSF ZONING: R-l SALE 6 ZONE 8 LOCATION: WEST SIDE OF STATE HIGHWAY 146 SOUTH OF FAIRMONT PARKWAY DATE: 8/22/03 SIZE: 4.215 Acres ZONING: $150,000 OR $0.83 PSF C-l PRICE: I I SALE 7 ZONE 6 LOCATION: NORTH LINE OF FAIRMONT PARKWAY WEST OF BAY AREA BLVD -t .~.. I DATE: 6/01 I SIZE: 3.09 Acres I PRICE: $181,801 OR $1.35 PSF ZONING GC I I SALE 8 ZONE 6 I LOCATION: NORTH LINE OF FAIRMONT PARKWAY WEST OF BAY AREA BLVD. I DATE: 6/04 I SIZE: 2.75 Acres PRICE: $215,000 OR $1.79 PSF I ZONING: GC I I SALE 9 ZONE 5 LOCATION: 10830 BLOCK OF NORTH L STREET I DATE: 3/3/97 I SIZE: 2.00 Acres PRICE: $27,000 OR $0.30 PSF I ZONING: R-l I I SALE 10 ZONE 1 (East of Zone 1) LOCATION: OFF OF SOUTH LINE OF SPENCER ~><( DATE: 5/08/01 SIZE: 10.31 Acres PRICE: $76,000 OR $1.25 PSF ZONING: None-Pasadena City Limits REMARKS: Purchased by Harris County Flood Control District for detention. SALE 11 ZONE 5 LOCATION: 11008 NORTH "L" STREET DATE: 3/2/04 SIZE: 2.50 Acres PRICE: $70,000 OR $0.64 PSF ZONING: R-l SALE 12 ZONE 1 LOCATION: ASHTON STREET OFF OF LUELLA DATE: 2/11/02 SIZE: 3.21 Acres PRICE: $55,000 OR $0.39 PSF ZONING: R-2 I SALE 18 ZONE 9 I LOCATION: SOUTH BROADWAY NEAR W. WEEMS I DATE: 11/04 I SIZE: 3.805 Acres PRICE: $189,000 OR $1.14 PSF I ZONING: R-l I SALE 14 ZONE 11 I LOCATION: NE CORNER OF NORTH "J" STREET & NORTH 2ND I STREET DATE: 11/26/03 I SIZE: 2.2956 Acres/l00,000 SF I PRICE: $375,000 OR $3.75 PSF ZONING: Industrial I I SALE 15 ZONE 7 LOCATION: NORTH SIDE OF SPENCER HIGHWAY APPRX 320 I FEET WEST of NORTH 18th STREET I DATE: 7/19/00 LAND SIZE: 3.62 Acres/157,687 SF I PRICE: $150,756 OR $0.96 PSF I ZONING: Industrial I I I I SALE 16 ZONE 5 I LOCATION: NORTHWEST SIDE OF STATE HIGHWAY 225, APPX. 600 FEET WEST OF SENS ROAD I DATE: 6/01/00 LAND SIZE: 10.29 Acres/449,232 SF I PRICE: $724,490 OR $1.62 PSF I ZONING: R-l I SALE 17 ZONE 4 (East of Zone 4 in Deer Park) I LOCATION: SOUTHWEST CORNER OF UNDERWOOD AND EAST 13TH STREET AND EAST SIDE OF PROPOSED STATE I HIGHWAY 134. DATE: 6/21/02 I LAND SIZE: 28.63 Acres I PRICE: $150,756 OR $0.96 PSF ZONING: Industrial I I SALE 18 ZONE 11 I LOCATION: NORTH LINE OF BARBOUR'S CUT BLVD. (All of Block 329) I DATE: 2/28/00 SIZE: 1.721 Acres/75,000 SF I PRICE: $50,000 OR $0.67 PSF I ZONING: Industrial I SALE 19 ZONE 9 LOCATION: SOUTH BROADWAY(Old SH-146) at WHARTON WEEMS BLVD DATE: Pending Sale SIZE: 3.78 Acres/155,940 SF PRICE: $198,500 OR $1.27 PSF- List ZONING: R-l REMARKS: This tract is a development parcel which backs up to golf course. SALE 20 ZONE 10 LOCATION: FOREST STREET OFF OF SOUTH BROADWAY DATE: Pending Sale SIZE: 1.2 Acres/52,125 SF ZONING: $110,000 OR $2.11 PSF - List R-1 PRICE: ) I '1 1.5 , CAUTION: Miles i t 19 - 00 The location of property arrows shown on this map are approximate only. Inaccuracies may exist on rnap such as missing, incorrectly drawn, or incorrectly addressed streets. Please report any such inaccura to MapPro, Inc. so that appropriate corrections can be made, Prepared by RC Chuoke & Assoc using MapPro Service. MapPro Inc., 3033 Chimney Rock, Suite 580, Houston. TX 77056 (713}789-1406 Sale 1: N/s Fairmont Pkwy E Of B Sale 2: 11034 N H St Sale 3: 10400 N L St Sale 4: 10313 N L St Sale 5: Nil Of N PSt Sale 6: W/s Of Sh-146 S Of Fair Sale 7: Nil Of Farimont Pkwy W Sale 8: Nil Of Fairmont Parkway Sale 9: 10830 N L St Sale 10: SII Of Spencer Hwy Sale 11: Nil Of N P St Sale 12: Ashton St Off Of Luella Sale 13: S Broadway Near Whart Sale 14: Nec Of N J St & N 2nd S Sale 15: N/s Spencer Hwy W Of 1 Sale 16: Nws Of Sh-225 W Of Se Sale 17: Swc Of Underwood & E Sale 18: E Barbour's Cut Blvd-blk Sale 19: S Broadway @ W Weem Sale 20: Forest St Off Of S Broad ri 1 CAUTION: The location of property arrows shown on this map are approximate only. Inaccuracies may exist on map such as missing, incorrectly drawn, or incorrectly addressed streets. Please report an such inaccurac to MapPro, Inc. so that a propriate corrections can be made. Prepared by RC Chuoke & Assoc using MapPro Service. MapPro Inc., 3033 Chirmey Rock, Suite 580, Houston, TX 77056 (713)789-1406 1.5 I ~, N.T.5. 6 FArRMONT PKlNY. CITY OF LA PORTE. - PARK ZONES 13 Park Deficient Areas in the City of La Porte: Zone 1, Zone 6, Zone 5, Zone 7, Zone 9, Zone 10, & Zone 13 QUALIFICATIONS OF APPRAISER CHRISCHUOKE Chris Chuoke has been engaged in the real estate appraisal profession since 1978, he is currently president of R.c. Chuoke & Associates, Inc. The scope of work has included real estate appraisals, real estate sales, and development. Experience in real estate appraisals include light industrial properties, commercial, retail, office buildings, some special purpose properties as well as single family houses, duplexes, and condominium! townhouse units and apartments. Additionally there is experience in right of way appraisals and condemnation. Listed below are some of the clients served: CORPORATE PolIo Loco Restaurants ExxonIMobil Land Management Exxon Pipeline Company South Shore Harbour Development Pizza Inns, Inc. Outboard Marine Corp. (OMC) Rockwell Space Operations, Inc. CAE- Link Corporation Nisseki Chemical RELOCATION Fidelity Relocation Services CendantRelocation GMAC Relocation Executive Relocation BANKS Moody National Bank Bank of America Sterling Bank Union Planters Bank I st Choice Bank Texas First Bank Amegy Bank Community State Bank Texas Coastal Bank Frost National Bank Hometown Bank Bank of Texas Liberty Savings Bank Mainland Bank-Texas City GOVERNMENTAL City of La Porte Galveston County City of Kemah City of League City City of Webster City of Seabrook SBA City ofEI Lago University of Houston-C Lake City of Friendswood MORTGAGE COMPANIES Countrywide Funding Federal Home Loan Mortgage North American Mortgage Chase Manhatten Mortgage EDUCATION Bachelor of Business Administration, 1977, University of Houston at Clear Lake PROFESSSIONAL AFFLIATIONS Texas Real Estate Brokers License, 1977, #216958 Certified Texas Real Estate Appraisers # TX- 1321347-G Texas Associations of Realtors National Association of Realtors Bay Area Board of Realtors -I - -- A REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Department: Source of Funds: NA Agenda Date Requested: Requested By: Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: Exhibits: F216 Project Layout Pond &Trail Concept SUMMARY The target area for the F216 Drainage Project is outlined at enclosure 1. During a progress review with the consultant for the design of the F216 drainage project, permitting issues resulted in a brainstorming session on how to redesign the system to accommodate requirements for both the Army Corps of Engineers (ACOE) and the Texas Commission for Environmental Quality (TCEQ) who have limited jurisdictional issues on the F216 channel. This meeting resulted in a modification of the original concept of design by enlarging the Southern portion of the detention area where more volume could be gained and allowing less ditch work along the Northern portion ofthe system. The end result would be a water feature with trails in the South and more of a formal park feature in the Northern part of the project while maintaining or increasing water storage potentiaL This design also lends itself to phasing should construction dollars be an issue. A concept drawing of a similar project is attached for your review at enclosure 2. The redefined concept was coordinated with the Director of Parks and Recreation who favors the modified concept. The consultant is running a new design program to set the parameters and cost of the modifications. The new criteria should be received by April 14, 2006. Action Required bv Council: Review the attached concept and provide Staff with direction. Approved for City Council Al!enda 7r6 I Date F216_PHASE_1_BOUNDARY ~ F216_EXISTING_CENTERLlNE ". PROP J216_CLOSINGS HCFCD_ESMT_DEED PHASEJ_ CITY_PROPERTY HCADParcels - Streets F216-00-00 PHASE I WATERSHED IMPROVEMENTS ----M : I If III II t , I . '"_ --~~oii1-.,l,-<JT1~<o-r~jl~-o1-r-- ., ,..- '0 , ii,~L'+~'/--1:il'i-1j+1~'i~-ijJ--'i~ .T:.~,~;:_".~ ~'T';" ," i 11l II Iii 11 ~ I J i I t \ II~\:, 1 r\ "- '.'M~~~rw,trtttl<l#,"-~"'~'~~ ",-"c=oIL_w - -:~ ~- -~--- 1...,:;;;- -- R "..7.0 -- --- """'"V,,",,- "',,"v.,,,,, r~'lo.. nq,," Arrv H ... 56ft 1fu#I -:-t-. __ -..t--\J:tjJ..iJ t~_d__ ; ;~.... "I'\!,J,)!~D!1""i-=1 i'11 !!!iji/n/','i\:I1IU/ _~:'}<: ..3;:';>:: ," i'" J.. i ,." "'1 j , ~ ..." . -~~----- TYPICAL CROSS SECTION A -A' TYPICAL CROSS SECT/ON B - S' rrI!lC;().iJ;-'iQ~$ SEJ2[10N C - C' .~a,,"'s.."',,"~' PLAN VIEW ~ - ZONE" ___Thafia ZONE2A ZONE" Tl>aJia_BaldCW'!'",. ZONE /8 WA7FR DEem WATER DEPTH ~ 8 D D ='~~;';:';Ii~':~':':.:::~'::'11 ~...~(f'!""''''''''''''''''''~''''''''l D'" y"""...og...(I..,I',....J.."',..j _~adl_~"'''.''..~'''I<.,;,,) s"".............;,;,.{'m"'l!i...) - -"-111 j .f, 1 ",""",,", l.G ~.loII. -...... SoIIru,n(."''''''cll"'''''1 OIrIoy'oBulr,""(...,'I"".....m"...,) _1lu>u5h(S"'''''',_'"'1 q II " ! PROPOSEo"os,:;~:s:a'!fY!PMENT- I =- =-==--==== -~~~ ~::A~~~:J:)-_~ I . 11~)RodM.....r\..''''.cw,,' 11~)W_~f(""".."-'.it'" ...........'"....,-"\1 Po:__[I"",,"d..,;.,.~, ThoIblT1<.di"J/.Ih..,,) 5pida-lily(H,.,"",.."'lb>P/'.J B Empowerment Zone/Chapter 380 Grants Backe:round On November 13, 2000 Council approved the Northside Community Neighborhood Plan. One suggestion contained in the plan was the consideration of an Empowerment Zone, a new economic development tool authorized by HB313 in 1999. The Legislation was reviewed at a Council Retreat but no further policy direction was received by staff. Later, after acceptance in the Texas Main Street Program, the potential for economic development incentives for Main Street has been raised again. The following outline discusses the key points regarding both Empowerment Zones and Chapter 380 Grants/Programs. Empowerment Zones To create an Empowerment Zone a municipality must determine the creation of the zone would promote; 1) the creation of affordable housing, including manufactured housing, in the zone; 2) an increase in economic development in the zone; 3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or 4) the rehabilitation of affordable housing in the zone. The municipality must adopt a resolution containing; 1) the determination described by Section 378.002; (above provisions) 2) a description of the boundaries of the zone; 3) a finding by the governing body that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality; and 4) a finding by the governing body that the creation of the zone satisfies the requirements of Section 312.202, Tax Code. (This provision is similar to the provisions for creating a reinvestment zone, except that it does not require the public hearings and notifications of other taxing entities). The major actions/activities offered by creation of an Empowerment Zone are; 1) waive or adopt fees related to construction of buildings in the zone, including fees related to inspection and impact fees; 2) may enter agreements for etc. sales tax refunds/abatements of municipal sales tax on sales made in the zone (not more than 10 years); 3) may enter into agreements abating municipal property taxes (no more than 10 years); 4) set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption. These agreements can require that the applicant meet certain requirements such as employment, building or infrastructure improvements etc. If agreement is not met, there can be re-capture provisions Limitations Sales Tax Abatements . The amount generated by sales tax abatement is difficult to predict since the City does not have access to this information on either a site specific or defined area. This type of abatement would be more appealing for high volume businesses that would generate significant sales tax. Property Tax Abatements . Since the municipal tax abatement provisions are tied to Chapter 312 of the tax code, the abatement only pertains to the incremental value over the existing or base value at the time of agreement. . The abatement agreement is also subject to the rights of holders of the municipality's outstanding bonds. Chapter 380 Chapter 380 of the Local Government Code To promote state and local economic development and to stimulate business and commercial activity in the municipality, a city may . Provide loans and/or grants of city funds . Offer discounted or free city staff, city facilities, or city services . Use city staff to administer the program or; . Contract with federal, state, other political subdivision, a non-profit organization, or any other entity for administration To utilize Chapter 380 the City must . Ensure that the public purpose of economic development is served by the incentive . City should enter into an agreement with the recipient that outlines the steps and lor targets must be met to justify the public funding such as; . Creation of jobs . Expansion of tax base by construction or enhancement of facilities . Etc. . The agreement should include a tangible means for determining if the recipient met its obligations . The agreement should include recapture provisions in case the recipient does not meet its obligations Other requirements under the Local Government Code Chapter 380 . City must establish a "program" to implement the incentive . Specific detail is not provided. However, it is safe to expect that such a program should; . Be planned and outlined in a written document . Included guidelines, application forms, typical agreement with safeguards Chapter 102 of the Local Government Code . Expenditure of funds related to economic development must be pursuant to consideration and approval of the item at an open meeting of City Council . If expenditure is not included within the original budget a budget amendment would be required Chapter 380 programs should also confirm . Compliance with applicable City Charter Provisions and local policies . They are not inconsistent with Texas Statutes or Federal Law . Review for conflicts with City Bond and Grant Documents . Any proposed debt issuance vs. use of Public Funds must meet the charter and/or other authority within Texas Statutes . If funds other than property tax funds are used, the City must comply with any state imposed limitations Additional Information Current tax values for the Main Street District The full taxable value (ad valorem only) for the entire Main Street Zoning District is $9.295 million (2005 tax year). The full value of revenue received at 100% collections rate is $65,993. Presently, there is $15,375 in delinquent taxes for this same area. Other Information Attached is an example of policies for assistance in redevelopment projects. This is to provide Council with some general ideas that might be considered if Council wishes to pursue either Empowerment Zone Agreements or Chapter 380 Grants/Programs. Certainly further input from the Main Street Program and Main Street Association would be valuable if Council further considers either of these incentives. RETAIL ASSISTANCE PROGRAM POLICIES Redevelopment Agency Downtown Project Area Updated April 29, 2005 I. BASIC GRANT II. SIGNAGE GRANT III. FORGIVEABLE LOAN IV. DEFERRED LOAN V. EASEMENT PURCHASE Program unavailable Pro!!ram unavailable Non-secured loan for more moderate Loans to property owners for Agency purchase of an easement on a DESCRIPTION, Applicants spending at least Applicants spending at least $500 projects that may be converted to a significant building property to secure interest in a AMOUNTS & $1500 on exterior improvements on exterior signage are eligible grant over a five year term if certain rehabilitation. Downtown property. CONDITIONS are eligible for a rebate grant up for a rebate grant up to 50% of building maintenance and business Max Loan Amount = $500,000 Examples of easements include: to 50% of the costs or up to a the costs or up to a maximum operations agreements are met. . All loans approved by San . right-of~access maximum grant based on linear grant based on linear storefront Max Grant Amount = $75,000 Mateo Loan Committee . fas;ade storefront footage; footage; Deferred loan is "forgivable" at 20% . loans> $100,000 also require . landmark per year for 5 years as all conditions approval by City Council. . signage Linear Feet ", Max Rebate Linear Feet Max Rebate are maintained. Compliance . 5% simple interest Max Easement Value = $150,000 Less than 25 $7,500 Less than 50 $7,500 monitored by; . Loans carry promissory note All easements are brought to City 25 - 50 $12,000 50 - 75 $10,000 . Redevelopment Agency secured by a deed of trust Council for approval. 51 - 75 $15,000 76 or more $15,000 . City staff - i.e. Code Enforcement . Due in 15 years, or upon sale Building value and easement value 76 or more $20,000 or title transfer determined on a case-by-case basis. These amounts may be applied in . Appraisal by State Certified addition to the basic grant. General appraiser . LTVno>70% · Owners and tenants of · Owners and tenants of . Owners and tenants of commercial . Owners of commercial . Owners of historic commercial ELIGIBLE commercial property in the commercial property in the property in the Downtown property in the Downtown properties or properties with APPLICANTS Downtown Redevelopment Downtown Redevelopment Redeve~opment Area. Redevelopment Area. significant features that are located Area. Area. . Tenants must provide written in the Downtown Redevelopment · Tenants must provide written · Tenants must provide written consent from property owner for Area. consent from property owner. consent from property owner. all improvements that impact the building structure or modify the buildinl!: interior. Typical improvements include: · Fabrication of business or Typical improvements include: . Exterior improvements to a . Exterior improvements to a building ELIGIBLE storefront renovation, organization signage storefront renovation, such as doors; building facade as mutually facade (and associated interior IMPROVEMENTS . doors · Restoration of existing awnings; paint; windows; exterior agreed upon by applicant and improvements) as mutually agreed . awnings historic signage lighting; landscaping; and retail Agency. upon by applicant and Agency. . paint . May also include lighting and assistance, such as marketing, and . Interior work may include . Interior improvements associated . windows fixture elements as they relate inventory expansion. seismic work, interior systems with right of access purchase as . exterior lighting to signage upgrades, and tenant space mutually agreed upon between . landscaping upgrades. applicant and City. I. Applicant meets wi Agency 1. Applicant meets with Agency 1. Applicant meets with Agency and 1. Applicant meets with I. Applicant meets with Agency PROCESS and architect; and architect; architect; 2. Facade design developed Agency and architect; and architect; 2. If applicable, facade 2. Facade design developed and 2. Signage design developed and and mutually agreed upon by 2. Design developed and design developed and mutually mutually agreed upon by mutually agreed upon by applicant and agency; mutually agreed upon by agreed upon by applicant and applicant and agency; applicant and agency; 3. Agency and applicant negotiate applicant and agency; Agency; 3. Easement terms 3. City approvals obtained; 3. City approvals obtained; operational agreements on a case-by- 3. Loan approval by Loan negotiated and "deed" approved to 4. Construction carried out by 4. Consfruction carried out by case basis; Committee and/or City form by the City Attorney; applicant to completion; applicant to completion; 4. City approvals obtained; Council; 4. City approvals 4. Easement purchase approved by 5. All permits finaled; 5. All permits finaled; 5. Construction carried out by obtained; 5. Construction City Council; 5. City approvals 6. Invoices and complete 6. Invoices and complete applicant to completion; (progress carried out by applicant to obtained; 6. Construction carried out documentation of payments documentation of payments payments are allowed from completion (progress payments by applicant to completion (progress turned in; turned in; designated earnable grant); are allowed from the payments allowed from the 7. Rebate issued 7. Rebate issued 6. All permits finaled; designated earnable grant); designated easement amount); 7. All invoices and complete 6. All permits finaled and 7. All permits finaled and notice of documentation of payments submitted notice of completion filed completion filed c Items C-I (provided at Council Retreat)