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HomeMy WebLinkAbout2007-08-27 Regular Meeting, Public Hearing and Workshop Meeting 5 A MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL August 27, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:09 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Louis Rigby, Barry Beasley, Howard Ebow, Mike Clausen, Georgia Malone, Mike Mosteit and Chuck Engelken. Members of Council Absent: None. Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, Interim City Manager John Joerns, Public Works Director Steve Gillett, Planning Director Wayne Sabo, City Secretary Martha Gillett, Building Official Debbie Wilmore, Interim Finance Director Michael Dolby, Human Resource Manager Robert Swanagan, Assistant City Secretary Sharon Harris, Economic Development Coordinator Gretchen Black, Judge Mitrano, Assistant Police Chief Aaron Corrales, City Engineer Rodney Slaton, Fire Chief Mike Boaze, Main Street Coordinator Debra Dye, Assistant Fire Chief John Dunham, EMS Chief Ray Nolen, Emergency Management Coordinator Jeff Suggs, Budget Officer Shelley W olny and Purchasing Manager Susan Kelley. Others Present: John Handy, Adam Yanelli, Marie McDermott, Calvin Hays, Margaret Compton, Charles Nute, Barbara Norwine, Lisa McPhail, Vicky Campise, Jan Lawler, Colleen Hicks, Shar Lynch, Neal Welch, Hugh Landrum, Jr., Paula Bridges, Johnnie Hogan, Mary Smith, Alta Nute, C.D. Campbell, Cheri Busch, William Busch, Scott, Phar, Maria Martinez, Terry McDaniel, Bleven McDaniel, Peter Kuchinke, Michelle Hochadel, Jeffrey Ho1chadel, Diana Solis, Sam Adams, Amber Perry, Keven Mixon, Susan Jenson, Aleshia Ebow, Belinda Gonzales, Brian Deshotel, Julie Deshotel, Mike Lewis, Dana Lewis, Darlene Huffman, Ed Bronson, Ann Bronson, Manny Chupanglo, Jason Monn, Matt Shipwash, Joseph Russell, Patrick Campbell, Janla Oehlert, Tammy Cooper, John Cotton, Deanna Cotton, Gregg Poston, Mark E. Hanna and other citizens. 2. Reverend David Morgan of First Baptist Church delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS There were no items to be presented at this meeting. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of La Porte City Council held on August 13-14,2007 and Minutes of the Special Called Regular Meeting of the La Porte City Council held on August 6, 2007. B. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close the North 14th Street Right-of-Way between Blocks, 682 & 683, Town of La Porte City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 2 C. Council to consider approval or other action regarding an ordinance authorizing the City to enter into an Industrial District and an ordinance authorizing the City to execute a Water Service Agreement with GWB Investments, L.P. D. Council to consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute an agreement letter with the companies located within the Battleground Industrial District for the City of La Porte EMS. E. Council to consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute a contract with the Port of Houston Authority for the City of La Porte EMS. F. Council to consider approval or other action awarding bid # 070024 for automotive parts and filters to lower bidders meeting specifications in the amount of $80,000.00 G. Council to consider approval or other action awarding bid # 070025 for office supplies to Vesco Business Products in the amount of$35, 000.00 Councilmember Rigby pulled items D and E for discussion. Mr. Rigby noted when City Hall called his home; the phone would block the call. He wanted to ensure citizens could be reached in case of an emergency. AT & T representatives noted that could be corrected. Mr. Rigby requested staff to ensure this was corrected. Mr. Rigby also had questions on the rates on items E. EMS Chief clarified the rates as being presented. Motion was made by Council member Engelken to approve the consent agenda as presented. Second by Council member Ebow. Motion carried. Ayes: Moser, Beasley, Engelken, Clausen, Ebow, Rigby, Mosteit, Malone and Porter. Nays: None Abstain: None Absent: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Marie McDermott of Economic Alliance Port Region - provided Council with the annual report for the Economic Alliance. Jan Lawler of Economic Alliance Port Region- provided council with some Legislative Wrap -Up materials and a flyer to save the date of September 18, 2007 for the "Retaining Gulf Coast Manufacturing Jobs and Commerce" event. Calvin Hays - 3703 Roseberry La Porte, TX addressed Council about sinkholes near his property line. Also noted a thank you to City Staff for the quick response to his problem. Margaret Compton 1090 I Dogwood Dr. La Porte, TX addressed Council about the flooding/drainage problem in the Fairmont Park East subdivision. She also informed City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 3 Council she had a signed petition with 172 signatures. She also noted she has pictures and maps if anyone would like to see them. Charles Nute - 10836 Spruce Dr. La Porte, TX addressed Council about the flooding/drainage problem in the Fairmont Park East subdivision. Barbara Norwine 202 S. Lobit La Porte, TX addressed Council about flooding issues in La Porte and the water she had in her garage during the rain. Lisa McPhail- 10924 Thomwood, La Porte, Texas addressed Council about flooding issues in Fairmont Park East. She wanted the record to reflect she would like updates on drainage issues posted on the City's webpage. Vicky Campise - 1902 Roscoe St., La Porte, Texas addressed Council to thank them for the Main Street Program and the Advisory Board set up to work on Main Street matters. Maria Martinez - 11002 Pinewood, La Porte, Texas addressed Council about flooding issues in Fairmont Park East. Juan Martinez - 5426 Stonecreek, La Porte, Texas addressed Council about flooding issues in Creekmont Subdivision. Doug Bryant - 10908 Spruce Dr. So., La Porte, Texas - addressed Council regarding flooding issues in Fairmont Park East. He also noted he was speaking as the President of the homeowners association. Dave Klingman - 3810 Pecan Circle, La Porte, Texas - addressed Council regarding flooding issues in Fairmont Park East. He also noted he is speaking on behalf as a board member of the homeowners association. Paula Bridges - 813 River Creek Dr., La Porte, Texas - addressed Council regarding flooding issues in Creekmont Subdivision. Mark Shipwash - 5409 Stonecreek, La Porte, Texas - addressed Council regarding flooding issues in the Creekmont Subdivision. Sam Adams - 10920 Dogwood, La Porte, Texas - addressed Council regarding flooding in the Fairmont Park East Subdivision. Tammy Cooper - 10935 Thomwood, La Porte, Texas - addressed Council regarding flooding in the Fairmont Park East Subdivision. Mr. Frazier - 10332 Shellrock, La Porte, Texas - began to address Council regarding a terminated employee and Mayor stopped him from speaking as the item was not on the agenda. Joseph Russell- 10833 Spruce, La Porte, Texas - addressed Council regarding flooding issues in Fairmont Park East Subdivision. Gregory Poston - 117 Jefferson Street, La Porte, Texas - addressed Council regarding flooding issues near his home. City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 4 Dana Lewis - 5425 Sugarcreek, La Porte, Texas - addressed Council regarding flooding issues in Creekmont Subdivision. 7. Council to consider approval or other action for recommendation of the Chapter 172 Board to select Aetna as new third party administrator of city employee health plan Human Resources Manager Robert Swanagan presented summary and recommendation and answered Council's questions. Consultant Neal Welch also provided Council with additional summary and recommendation. Motion was made by Council member Beaslev to approve the recommendation of the Chapter 172 Board as presented by Mr. Swanagan. Second by Councilmember Engelken. The motion carried. Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter Nays: None Abstain: None Absent: None 8. Public Hearing - Council to consider passage or other action regarding condemnation of fourteen (14) substandard structures. Open Public Hearing - Mayor Porter opened the Public Hearing at 7:25 p.m. Chief Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Public Input: Leonard Zlomke of 209 S. Lobit requested Council provide him with additional time to assess his property to determine the cost to make repairs. Citizen Joseph Russell of 10833 Spruce spoke on behalf of Mr. Zlomke and assisted him in understanding the process and what Council needed him to provide the City. It was also noted we received a FAX from the property owner of 419 S. 8th to provide additional time to make repairs before demolition. Recommendation of Staff - Council to approve recommendation of Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) to condemn and demolish all fourteen (14) substandard structures. The Public Hearing was closed at 8:12 p.m. 9. Council to consider approval or other action regarding Ordinances 3014-3022 and 3022 A thru E. Assistant City Attorney Clark Askins read: Ordinances 3014-3022 and 3022A thru 3022E CONSIDER APPROVAL OR OTHER ACTION REGARDING ORDINANCES DECLARING THE BUILDINGS LOCATED AT 249 DWIRE DR., 210 PINEBLUFF STREET, 203 BA YSHORE DR, 1025 SAN JACINTO, 202 S. BLACKWELL STREET, 531 S. 5TH STREET, 419 S. 8TH STREET, 618 N. 1ST STREET, 622 N. 1ST STREET, 517 N. 3RD STREET, 10911 N. L. STREET, TRLR #22-A, 10911 N. L STREET TRLR. #22B, 10911 N. L STREET, TRLR #22-C AND 10911 N. L STREET, TRLR. #22-D, LOCATED City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 5 IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS CONDEMNED, CONFIRMING THE IDENTITY OF THE RECORD OWNERS OF SAID PROPERTY, ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDINGS; ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THE APPLICABLE ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THE APPLICABLE ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THE APPLICABLE ORDINANCE TO SAID OWNERS PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Council member to approve Ordinances 3014-3022. 3022-A. 3022. B. 3022 C. 3022 D. 3022 E. as recommended by Staffwith the exception 0[3018 and 3020 being tabled and allowing those property owners with an extension until the October 8. 2007 Council meeting. Second bv Council member. The motion carried unanimously. Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow, Mosteit, Malone and Porter. Nays: None Abstain: None Absent: None 10. Public Hearing - Council to consider approval or other action on recommendation of Planning & Zoning Commission to approve Special Conditional Use Permit #SCU07-006 for a 0.76 acre tract ofland located at 602 State Highway 146 South. Open Public Hearing - Mayor Porter opened the Public Hearing at 8:24 p.m. Mayor left the table at this point and Mayor Pro-tern Rigby presided over a portion of the meeting. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: None. Recommendation of Planning & Zoning Commission -Council to consider approval or other action on recommendation of Planning & Zoning Commission to approve Special Conditional Use Permit #SCU07-006 for a 0.76 acre tract ofland located at 602 State Highway 146 South. The Public Hearing was closed at 8:26 p.m. 11. Assistant City Attorney Clark Askins read: Ordinance 1501-Y5-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 #SCU07-006 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: LOTS 1-8 AND TRS 25-32, BLOCK 122, TOWN OF LA PORTE, JOHNSON City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 6 HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING HEAVY EQUIPMENT RENTAL/LEASING FACILITY IN A GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Council member En!Z:elken to approve Ordinance l50l-Y5 as recommended by Planning & Zoning Commission. Second by Council member Malone. The motion carried unanimously. Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow, Mosteit, Malone and Porter. Nays: None Abstain: None Absent: None 12. Public Hearing - Council to consider approval or other action on recommendation of Planning & Zoning Commission to approve Special Conditional Use Permit #SCU07-007 for a 1.1487 acre tract ofland located in the 500 block of North 8th Street. Open Public Hearing - Mayor Porter opened the Public Hearing at 8:28 p.m. Mayor Porter returned to the table at 8:29 p.m. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: .None Recommendation of Planning & Zoning Commission -Council to consider approval or other action on recommendation of Planning & Zoning Commission to approve Special Conditional Use Permit #SCU07-007 for a 1.1487 acre tract ofland located in the 500 block of North 8th Street. Mayor noted the Public Hearing was closed at 8:35 p.m. and then Assistant City Attorney Clark Askins noted we needed to leave it open. Public Hearing was left open. 13. Motion was made by Council member Beasley to table this item and continue the Public Hearin€!: on September 10.2007 and to include a height limit of 35ft in the Special Conditional Use permit. Second by Council member Moser. The motion carried unanimously. Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow, Mosteit, Malone and Porter. Nays: None Abstain: None Absent: None 14. Council to consider approval or other action regarding an ordinance to tax certain tangible personal properties. Open Public Hearing - Mayor Porter opened the Public Hearing at 8:40 p.m. City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 7 Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Hugh Landrum provided additional summary and recommendation of the legislation. Public Input: Bob Clausen of Sunbelt requested to know the percentage this would affect the Industrial District Agreements. Hugh Landrum noted the City was looking at approximately 60%. Recommendation of Staff -Council to consider approval to continue taxing goods. The Public Hearing was closed at 8:50 p.m. 15. Assistant City Attorney read: ORDINANCE 3023 -AN ORDINANCE OF THE CITY OF LA PORTE TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253, EXTENDING THE APPLICATION OF THIS ORDINANCE TO CITY OF LA PORTE INDUSTRIAL DISTRICT. AGREEMENTS EFFECTIVE JANUARY 1,2008, AND THEREAFTER, DIRECTING THE CITY SECRETARY TO FURNISH CERTIFIED COPY OF THIS ORDINANCE TO THE HARRIS COUNTY APPRAISAL DISTRICT, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Mosteit to approve Ordinance 3023 as presented by Mr. Dolby. Second by Councilmember Clausen. The motion carried. Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter Nays: None Abstain: None Absent: None 16. Council to discuss the juvenile curfew ordinance and provide staff with direction. Open Public Hearing - Mayor Porter opened the Public Hearing at 8:51 p.m. Assistant Chief of Police Aaron Corrales presented summary and recommendation and answered Council's questions. Public Input: None Recommendation of Staff -Council to continue the ordinance as written to protect the youth from violence and addressing issues of gang activity. The Public Hearing was closed at 8:54 p.m. 17. Council provided staff with direction on possible amendments to the existing juvenile curfew ordinance. Council directed staff to reaffirm the ordinance at the next regularly scheduled meeting. Councilmember Rigby wanted to know why we were renewing this year if it called for a three year renewal. Staffwill determine and provide Council with an answer. City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 8 18. Council to consider approval or other action regarding an ordinance on FY 2007-2008 Proposed Budget. Open Public Hearing - Mayor Porter opened the Public Hearing at 8:56 p.m. Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. See attached Exhibit A of power point presentation. Public Input: None Recommendation of Staff -Council to adopt FY 2007-2008 Proposed Budget The Public Hearing was closed at 9:24 p.m. 19. Assistant City Attorney read: ORDINANCE 3024 -AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30,2008; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREP ARA TION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Clausen to approve Ordinance 3024 as presented by Mr. Dolby. Second by Councilmember Engelken. Councilmember Ebow made a motion to table due to the additional amount included providing the Chamber with an additional $30,000.00. He noted he felt since we had an ordinance that stated we give them $40,000.00 a year that we needed to amend that ordinance before providing additional money. Mr. Ebow withdrew his motion to table as he was advised he could not amend the motion without postponing the adoption of the entire budget. The motion carried. Ayes: Moser, Rigby, Engelken, Beasley, Clausen, Mosteit, Malone and Porter Nays: Ebow Abstain: None 20. Council to consider approval or other action regarding an ordinance increasing the water and sewer rates. Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2837-E -AN ORDINANCE AMENDING APPENDIX A - FEES, CHAPTER 74, "UTILITIES", SECTION 74-276, OF CODE OF ORDINANCES OF THE CITY OF LA PORTE ,BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED HEREIN, CONTAINING A SEVERABILITY CLAUSE FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Ebow to approve Ordinance 2837-E as presented by Mr. Dolby. Second by Councilmember Beasley. The motion carried. City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 9 Ayes: Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, and Porter Nays: Malone and Moser Abstain: None 21. Council to consider approval or other action regarding a resolution for acceptance of the 2007 appraisal roll Interim Finance Director Michael Dolby informed Council this item needed to be tabled since we have not received the Appraisal Roll from the County. Motion was made by Councilmember Rigby table this item until the September 24, 2007 Council Meeting. Second by Councilmember Engelken. The motion carried. Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter Nays: None Abstain: None 22. Council to consider approval or other action regarding an ordinance establishing the tax rate FY 2007-2008 at 71 cents per hundred dollar valuation. Interim Finance Director Michael Dolby informed Council this item needed to be tabled since we have not received the Appraisal Roll from the County. Motion was made by Councilmember Beasley table the item until the September 24, 2007 Council Meeting. Second by Councilmember Rigby. The motion carried. Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter Nays: None Abstain: None 23. Council to consider approval or other action regarding a resolution nominating Bill Harry, to serve as a member of the Board of Directors of Harris County Appraisal District. Mayor Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: RESOLUTION 2007-15 - A RESOLUTION NOMINATING BILL HARRY TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by Council member Engelken to approve Resolution No. 2007-15 as recommended by Mayor Porter. Second by Council member Rigby. The motion carried. Ayes: Mosteit, Moser, Clausen, Beasley, Ebow, Engelken, Malone and Mayor Porter Nays: None Abstain: None 24. Close Regular Meeting and Open Workshop at 9:47 p.m. Council discussed Boards and Commissions appointments. Mayor Porter requested Council review the list and contact the people they wanted to serve another term and to see if they are willing to serve again. Council directed the City Secretary to place back on the September City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27, 2007 Page 10 24, 2007 City Council Agenda for action. Interim City Manager John Joems informed Council he is contacting and visiting with some individuals regarding the vacant slot on the Civil Service Commission. 25. Closed the Workshop meeting and reconvened Regular Meeting at 9:50 p.m. 26. Administrative Reports Interim City Manager John Joems provided Council with the following Administrative Reports. The Heritage Society Fish Fry on September 12, 2007 at Sylvan Beach Pavilion, the Alliance Coffee Symposium date has been moved to November 13,2007. In addition, he informed Council that City Hall will be closed on September 3,2007 in observance of Labor Day. 27. Council Comments Malone, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Ebow and Porter had comments. Councilmember Mosteit wanted it noted in the record that he previously requested a workshop agenda item be placed on this meeting to discuss drainage problems. He is requesting again that this be placed on the next agenda. It was the consensus of Council to place this item on the September 10, 2007 Council meeting. Councilmember Clausen noted he agreed with Councilmember Mosteit. Councilmember Rigby noted he agrees as well and wants to see the City do all it can do to resolve the flooding issues. 28. 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) SECTION - 551.071 (CONSULT WITH ATTORNEY) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS IDA NEGOTIATIONS SECTION - 551.074 (PERSONNEL MATTER) CITY SECRETARY PERFORMANCE EVALUATION 29 Considerations and possible action on items considered in executive session. City Council Regular Meeting, Public Hearing and Workshop Meeting -August 27,2007 Page 11 Council did not convene to Executive Session. There was no need to discuss the IDA agreements. The City Secretary's evaluation will be done at a future meeting. 30. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:22 p.m. ~s ectfully subI)litted,' 7lJ../C ~ tu.IU~~, Mart a Gillett, TRMC, CMC City Secretary p~ed and app~d on this lOth day of September 2007 .Y-~~ Mayor Alton . Porter Due to the volume of Exhibit A, a copy is available for your review in the City Secretary's Office. - ...s: y \U ...... ~ \"""" >- '";;.e. ~ ~ ~ ... ;: r- ,.. . ,.... ~ ~ S %.- ..- ~ r- ~~~ ...... ~ ~ c..- .... ~ = y ~ -".- ,.Q~ ~= ..... ~ u ~ N (<) . . ...... ...... r- ~ r c ~ Changes from Budget Workshops Affect on Budget Additional Money to Chamber $30,000 (Hotel/Motel Fund) Paperless Agenda (does not include cost of hardware) 35,380 (Technology Fund) Phone System - Implement additional buildings in (93,091) the current year (Technology Fund) Liability Insurance 30,865 (Insurance Fund) Replacement Vehicle 30,000 (Motor Pool Fund) 8/28/2007 11 :32 AM 2 Additional Changes - Items not yet included in the FY 2008 Budget Affect on Budget Paperless Agenda - Funding for Laptops, etc. 15,000 (Technology Fund) Items affecting the current year budget (FY 2007) Affect on Budget Transfer to General CIP Fund 950,000 (General Fund) Transfer to Golf Course Fund 400,000 (General Fund) Phone System - Implement additional buildings in 93,091 the current year - (Technology Fund) 8/28/2007 11 :32 AM 3 Budget Priorities for Fiscal Year 2008 - · No increase in property tax rate · Fund employee pay plan (merit) · No or low healthcare cost increases to employees · Implement Compensation Review · Employee Morale / Liability Reduction · Balance the Budget · Customer service training · Economic Development · Communication! Technology improvements · Stabilize revenue streams necessary to protect City assets - · Continue providing best services at lowest cost 8/28/2007 11:32 AM 4 Assumptions ....- L....- . Merit - 3% funding pool (0-5% performance) Health Insurance - City contribution 12.5% increase ($6900 to $7793) TMRS rate - 13.75% ($112,175 - 5% increase) Gas - 9.6% Increase Electricity - 31 % Increase (originally projected at 52%) Computer Lease Fees - 34% increase due to Fiber Optic Lines . . . . . 5 8/28/2007 11 :32 AM Other Highlights .-- · Safety Recognition Program to continue reducing Workers Compensation · ISO Rating - Will decrease Insurance for Citizens/Businesses · Economic Development Study Implementation - Enhance retail development · Continued grant pursuit · Institute Short-term and Long-term Disability - 8/28/2007 11:32 AM 6 Expenditures - All Funds Capital Improvement Funds 5% Debt Service Funds 8% General Fund 48% Internal Service Funds 12% Enterprise Funds 18% Other Governmental Funds 9% 8/28/2007 11 :32 AM 7 Consolidated Summary of All Funds .-- (In millions) Working Working Capital FY 07-08 FY 07-08 Capital 09/30/07 Revenues Expenses 09/30/08 Governmental Fund Types: General Fund II. 79 30.01 30.01 11. 79 Grant Fund 0.42 1.04 1.04 0.42 Street Maintenance Sales Tax 0.33 0.73 1.00 0.05 Community Investment 0.77 0.22 0.23 0.75 Section 4B Sales Tax 4.29 1.87 0.97 5.19 HotellMotel Occupancy Tax 0.28 0.53 0.56 0.26 Tax Increment Reinvestment 0.25 1.62 1.60 0.27 Total Governmental Types 18.13 36.01 35.41 18.73 Ente rpris e: Utility 3.25 7.86 8.04 3.07 Sylvan Beach 0.11 0.25 0.27 0.08 Airport 0.21 0.06 0.02 0.24 La Porte Area Water Authority 1.96 1.30 1.72 1.54 Golf Course 0.19 1.12 1.30 0.01 Total Enterprise 5.73 10.59 11.36 4.95 Inte mal Se rvice Motor Pool 3.10 2.03 1.53 3.60 Insurance Fund 1.78 4.88 4.88 1.79 Technology Fund 0.64 1.16 1.20 0.60 - Total Internal Service 5.53 8.07 7.61 5.99 8/28/2007 11 :32 AM 8 Consolidated Summary of All Funds (Cont'd) ....- (In millions) Working Working Capital FY 07-08 FY 07-08 Capital Capital Improvement: 09/30/07 Revenues Expenses 09/30/08 General 0.90 0.07 0.96 0.01 Utility 1.57 0.60 0.94 1.24 Sewer Rehabilitation 0.03 0.32 0.35 0.00 1998 GO Bond Fund 0.55 0.01 0.57 2000 GO Bond Fund 0.09 0.00 0.05 0.04 2002 GO Bond Fund (0.02) 0.00 (0.02) 2004 C/O Bond Fund 1.16 0.01 1.18 2005 C/O Bond Fund 0.50 0.00 0.06 0.44 2005 GO Bond Fund 0.08 0.00 0.08 2006 C/O Bond Fund 0.34 0.01 0.35 2006 GO Bond Fund 0.04 0.01 0.05 2007 C/O Bond Fund 0.13 0.18 0.31 Other Infrastructure 0.72 0.05 0.20 0.57 Total Capital Improvement 6.10 1.26 2.91 4.46 De bt Se rvice : General 1.77 3.32 3.48 1.61 Utility 0.81 0.51 0.48 0.85 La Porte Area Water Authority 0.76 0.76 Total Debt Service 2.58 4.59 4.71 2.45 L-- Total All Funds 38.06 60.53 62.00 36.59 8/28/2007 11 :32 AM 9 Employee Positions - Citywide Personnel Growth 400 350 ' 300 ' 250 ' 200 150 100 50 o - o Part-time .. I<llll-time 77 384 76 376 90 378 53 385 53 385 8/28/2007 11 :32 AM 10 Enhanced Employee Benefits Proposal - . Fund Merit Plan - cost $264,417 citywide . Increased city contribution to health fund by 12.5% - cost $ ($7793/yr/ee) . Sick Buy Back - cost $122,235 . Provide Short-term and Long-term Disability (Insurance Fund) - cost $70,000 . Expanding Safety Program . Maintain Service Awards Program . Evaluation of all positions to market - salary survey L-... 8/28/2007 11 :32 AM 11 Projected Long-Range Fund Balance Usage Compared with FY 2004 40,000,000 39,000,000 1 38,000,000 l 37,000,000 ~ 36,000,000 J 35,000,000 ~ 34,000,000 33,000,000 32,000,000 31,000,000 30,000,000 1 29,000,000 28,000,000 27,000,000 26,000,000 I 25,000,000 L- (\. ',Or.:::, \:! l. I I I ! $5,1 '1- PYO PY08 - Revenues projected to exceed expenditures by $861k R:> (\.~ r.:::, ~ 91'5 r.:::, , \:1' " '" v' , ~ '?' , '" lX' " '0 ",':'> , '\ 10' " '? ,rv' r.:::, r.:::,o,":' r---- I - Total Expenditures - FY 2008 i Total Expenditures - FY 2004 ~ Total Revenues - FY 2008 Total Revenues - FY 2004 J 8/28/2007 11 :32 AM 12 Projected Long-Range Fund Balance Usage - FY 2008 (Without OPEB Liability) 41,000,000 I 40,173,450 40,000,000 ~ 39,074,479 39,000,000 38,011,971 38,000,000 i 36,984,593 37,000,000 ~ 35,991,062 36,000,000 35,030,146 35,000,000 ~ 34,100,658 J 34,000,000 33,201,456 33,000,000 J 32,331,445 34,170,136 ! 31,489,569 32,000,000 l 32,584,545 31,000,000 30,631,787 30,000,000 J 30,346,539 30,010,812 29,000,000 I 28,163,2 28,000,000 128)45)99 27,000,000 26,000,000 25,000,000 -I -,- f:::J'\ f:::J'\ :b Pl f:::J , ,"v '" b< " b '\ co !o' !o' ~'):J ft!\S f:::J0,':" f:::J>- v ,rv' ",':" 'X' ,,':" '0' '\~ ~i;:S \S of:::J f:::J " , , " , " , .;;;.'b' ,!:>~o .~ ,,~ ~:~ 0 o~ ~~ "o"V. --- Total Revenues I ~ - Total Expenditures 8/28/2007 11 :32 AM 13 -.::t ....... <Pa Vc ,0.;> ~v O;>~ ,0", Q" <'a Vc ,0.;> 7~0: .9,p ~ ;y ~ -9a ......- Vc .. C. ~ ~ "a U Vc = = eI.) ~ = ~a ~ Vc ~ ~ .. .. 0 ca QJ ~ Vc = QJ ~ ~ ca 0 Vc rIJ. ~ /a ~ Vc ~ Oa Vc o 00 - o ~ - o '<t - o N - o o - o 00 o ~ o '<t o N Ell!d~J ~Up[lOA\Jo SA~a 6'15; ~ ~ < N M ....... ....... t""- o 0 N --- 00 N --- 00 General Fund Revenue Sources Where the Money Comes From o Fund Balance Usage $0 o Total Revenues $30,010,812 8/28/2007 11 :32 AM . General Property Taxes (37%) o Franchise Taxes (6%) o Sales Tax (10%) . Industrial Payments (24%) o Other Taxes (<1 %) II License & Permits (2%) o Fines & Forfeits (3%) . Charges for Services (11 %) . Parks & Recreat ion (1 %) o Rec & Fitness Center (1 %) . Miscellaneous (<1 %) . Operating Transfers (1 %) iii Interest Income (3%) 15 General Fund Revenues ....- Revenues: Actual Budget Es timate d Pro je cte d Pe rce nt {in millions} 2005-06 2006-07 2006-07 2007-08 Change General Property Taxes 10.5 10.8 11.1 11.1 2.47% Franchise Taxes 2.0 2.0 1.9 1.9 -2.25% Sales Taxes 2.5 2.4 2.7 2.9 18.39% Industrial Payments 7.5 6.8 8.1 7.5 9.71% Other Taxes 0.1 0.1 0.1 0.1 9.51% Licenses & Permits 0.7 0.4 0.8 0.7 49.47% Fines Forfeits 0.8 0.8 0.8 0.8 0.26% Charges for Services 3.4 3.3 3.4 3.4 4.75% Parks & Recreation 0.2 0.2 0.2 0.2 -2.86% Recreation & Fitness 0.3 0.3 0.3 0.3 0.10% Intergovernmental 0.0 - 0.0 0.0 0.00% Miscellaneous 0.1 0.0 0.0 0.0 0.35% Operating Transfers 0.6 0.4 0.4 0.4 2.29% Interest 0.7 0.7 0.9 0.8 18.52% Total Revenues 29.3 28.2 30.6 30.0 6.560/0 - I I ~I 8/28/2007 11 :32 AM $ 2.5 16 General Fund Revenues In Lieu of Taxes & Ad Valorem Taxes 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 8/28/2007 11 :32 AM In Lieu of Taxes Ad ValoremTaxes mJ Actual 2004-05 . Actual 0 Budget 2005-06 2006-07 o Revised 2006-07 . Projected 2007-08 17 General Fund Revenues Sales Tax, Franchise Taxes, Residential Solidwaste and Interest 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/28/2007 11 :32 AM - . i . 0 l- i I~ 81 gJCS 1m c-i . ^ ~ ~ ~ ~ .~ l , ... c- Sales Taxes Residential Solid Waste Interest Income Franchise Fees 15!1 Actual 2004-05 ~ Actual 2005-06 o Budget 2006-07 ~ Revised 2006-07 151 Projected 2007 -08 18 Baytown 68,371 Deer Park 30,575 La Porte 34,825 P earland 80,500 Seabrook 10,907 League City 6~490 Friendswood 34,037 Property Tax Rate Comparison Property Tax Rate Based on $100,000 Home I 0.62101 0.62750 0.58210 0.00000 0.10000 0.20000 0.30000 1--------- I Source: Texas Town & City, 2007 Tax and Debt Survey & County Appraisal Districts 0.65266 0.73703 589.62 (20% Homestead Exemption) 0.72000 (20% Homestead Exemption) 0.71000 (20% Homestead Exemption) (No Homestead Exemption) 496.81 (20% Homestead Exemption) (10% Homestead Exemption) 564.75 465.68 0.40000 0.50000 0.60000 652.66 0.70000 576.00 0.80000 19 8/28/2007 11 :32 AM Property Tax Rate* Last Ten Fiscal Years 0.70 0.80 - General Fund .611 Debt Service .099 0.60 0.50 0.40 0.30 0.20 0.10 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 o General Fund 0 Debt Service * 20 Property Tax Rates Direct & Overlapping Governments City of La Porte 230/0 o City of La Porte . La Porte ISD o San Jacinto Jr. College District o Other Taxing Entities 8/28/2007 11 :32 AM 21 What you get for your tax dollars r- Average Home Value - $108,058* City taxes paid by average household per year - $613.77 Per month - $51.15 to support these city services: · 24 hour Police Protection · 24 hour Emergency Medical Services · 24 hour Fire Protection · Animal Control services · Maintenance of all public streets (21 7 miles of paved streets) · Park facilities including softball fields (21 parks with a total of 191 acres) · Recreational facilities & activities · Building Inspections & permitting services '- · Code Enforcement Services 8/28/2007 11 :32 AM *Based on 2006 average home value with 20% homestead exemption. *($0.71/$100 Valuation) 22 Industrial Payments Historical Trends r-- Budget Projection Actual Variance 1998 5,077,500 5,567,175 489,675 1999 6,460,000 6,496,998 36,998 2000 6,670,000 6,308,210 (361,790) 2001 5,742,968 6,306,469 563,501 2002 6,431,250 6,701,082 269,832 2003 7,439,337 7,093,854 (345,483) 2004 7,179,487 6,896,112 (283,375) 2005 6,601,049 6,991,926 390,877 2006 6,534,372 7,371,287 836,915 2007 6,836,257 8,064,632 1,228,375 '-- 8/28/2007 11 :32 AM 23 6,000,000 5,000,000 4,000,000 / 3,000,000 2,000,000 1,000,000 Sales Tax Trends o \~~~ 1-~~ 1-~\ 1-~1- 1-~) 1-~~ 1-~" 1-~b 1-~'\ 1-~'t, . General Food . Section4B . Street Maintenance 8/28/2007 11 :32 AM 24 r------- ! I 20.00% 15.00% 10.00% 5.00% 0.00% - 5 .00% , I I ~----- 8/28/2007 11 :32 AM Sales Tax Trends Historical Growth - 10 Years 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Estimated Projected 25 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Municipal Court Revenue Growth Municipal Court Revenues Last 1 0 Years 1997 2000 2001 2003 2004 2005 2006 2002 1998 1999 8/28/2007 11 :32 AM ... 2007 *Estimated 26 General Fund - . Emergency Services . Police . Administration . Finance . Public Works . Parks & Recreation . Planning & Engineering ....... 8/28/2007 11 :32 AM 27 Expenditures by Activity NON-DEPARTMENTAL 11% EMERGENCY SERVICES 13% PLANNING 6% POLICE 30% PARKS 11% FINANCE 4% ADMINISTRATION 9% 8/28/2007 11 :32 AM 28 General Fund Expenditures - Expenditures: Actual Budget Estimated Projected Percent (in millions) 2005-06 2006-07 2006-07 2007-08 Change Emergency Services 3.4 3.6 3.6 3.9 10.16% Police 7.6 8.2 8.2 8.9 8.85% Administration 2.3 2.4 2.4 2.7 9.300i<> Finance 1.2 1.1 1.2 1.2 9.24% Non-Departmental 4.1 3.6 5.0 3.4 -6.34% Public Works 4.2 4.4 4.4 4.7 6.83% Parks 3.0 3.2 3.1 3.4 5.07% P tanning 1.4 1.7 1.8 1.8 6.77% Total Expenditures 27.3 28.2 ~ 30.0 6.24% I $1.52 '-- 8/28/2007 11 :32 AM 29 Expenditures by Category Where the Money Goes D Personal Services $19,523,545 D Other Expenditures $10,487,267 8/28/2007 11 :32 AM . Supplies o Charges & Services o New Program Requests . Capital Outlay II Transfers 30 Decision Packages by City Manager - Initial General Fund Deficit - $809,849 from staff '-- 8/28/2007 11 :32 AM 31 Decision Packages by City Manager .-- . Adjustments to Revenue - Projections - Property Taxes $(323) k - Sales Taxes 100 - In Lieu Payments 500 - Building Permits 50 - 8/28/2007 11 :32 AM 32 Decision Packages by City Manager .-- . Employee Morale / Liability Reduction (Sick Buy Back) . Health Insurance Adj (from 6900 to 7793) (12.5% Increase) $ 188.1 k 693.3 89.8 . Merit Program (Pooled in Non-departmental) . Compensation Review 320.8 L..- 8/28/2007 11 :32 AM 33 Decision Packages / Major Cuts - City Manager r-- . New position requests not approved . Electricity (Adjustment to Original Projection) . Attrition / Adjustment to Regular Earnings . Adjustment to Computer Lease & Maint. Fees . Adjustment to EMS Motor Pool Lease Fees . Other reductions to Departments I-- $ 196.3 k 233.8 201.3 66.6 10.9 168.0 34 8/28/2007 11 :32 AM Utility Fund r-- . Water Production . Water Distribution . Wastewater Collection . Wastewater Treatment . Utility Billing . Non-Departmental - 8/28/2007 11 :32 AM 35 Utility Fund Rate Model Summary r-- Revenues Expenditures Estimated Fund Balance Usage Actual 200 1-02 5.6 6.3 (0.7) Actual 2002-03 5.7 6.5 (0.7) Actual 2003-04 6.0 6.7 (0.8) Actual 2004-05 5.4 6.8 ( 1.5) Actual Estimated Projected Projected Projected Projected Projected 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 6.9 7.5 7.9 8.2 8.5 8.7 8.9 6.7 6.8 8.0 8.2 8.3 8.4 8.5 Q2 Q8 (Q~ QI Q2 Q3 Q4 Projected Days of Working Capital 176 140 142 148 158 172 - 8/28/2007 11 :32 AM 36 J>(2 Vc Pt),lq, .~ ~ <00 c>- Pt) ;.>etq ~ .<t,s> ~ 9(2 .~ Vc ~ .c ~ U ; ~ ~ .~ ~ ~ {'OO 0 c>- .~ ~ ~ .- C(2 ~ ~ Vc 0 rIl /(2 ~ Vc ~ 0(2 Vc 66; '6'/ o \("l N o ~ o \("l - o 0 o \("l - Inldu;) 13up\lOMJO S,(UQ c:==J 8 ~ t- (<) 8 o c" 8 \("l c" ~ ('\ c;: ...... ...... t- o o ('\ r;s ('1 Q( Rate Analysis 14.00 l 12.00 + I I 10.00 T $9.75 I i 8.00 t $7.95 I 6.00 4.00 2.00 2000 * 2008 2001 2002 2003 2004 2005 2006 2007 - Water - PY Proposed 1"'1 WasteWater - PY Proposed * Proposed Water -Revised Waste Water-Revised 8/28/2007 11 :32 AM 38 Utility Fund Rate Model Summary Typical Bill - Current Proposed Avera~e Bill Avera~e Bill (5,000 Gallons) * (5,000 Gallons) Base Water 16.89 16.89 Base Sewer 17.25 18.75 Total 34.14 35.64 '-- *Average usage in La Porte is 5,335. 8/28/2007 11:32 AM 39 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 8/28/2007 11 :32 AM Utility Fund Comparison Revenues vs. Expenses Actual 2004-05 Actual 2005-06 Budget 2006-07 Revised 2006-07 Projected 2007-08 o Revenues . Expenses 40 Allocation of Water & Sewer Revenue [:J Sewer 43% 8/28/2007 11 :32 AM . Water 57% 41 Allocation of Water & Sewer Expenses o Sewer 49% 8/28/2007 11 :32 AM ~ Water 51% 42 Residential Water & Sewer Rate Comparison Residential Water & Sewer Rates Based on 5,000 Gallons Usage 45.00 40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 0.00 Friendswood laPorte 34,825 Deer Park 30,575 La Porte - Proposed 34,825 Pearland 80,500 Bay town 68,371 34,037 10 Sewer/Gallons 0 Water/Gall~~ Source: Texas Town & City 2007 Water and Wastewater Survey 8/28/2007 11 :32 AM 43 Utility Fund Revenues & Expenses - Revenues: Actual Budget Estimated Projected Percent 2005-06 2006-07 2006-07 2007-08 Change Water Revenue 4.2 4.2 4.3 4.4 5.13% Sewer Revenue 2.7 3.3 3.1 3.4 1.84% Interest (0.012) 0.1 0.1 0.00010 Other Revenue 2.25 0.01 0.1 0.01 0.000/0 Total Revenue 9.2 7.5 7.5 7.9 4.80% Expenses: Water Production 0.4 0.4 0.5 0.5 17.29% Water Distnbution 0.7 0.7 0.7 0.8 7.18% Wastewater Collection 0.8 0.8 0.8 0.9 13.61% Wastewater Treatment 0.9 0.9 0.9 1.0 12.54% Utility Billing 0.7 0.6 0.6 0.6 -0.23% Non Departmental 3.2 3.4 3.3 4.2 26.72% Total Expenses 6.7 6.8 6.8 8.0 18.24% L- (In millions) 8/28/2007 11 :32 AM 44 Other Enterprise Funds r-- . Sylvan Beach Fund . Airport Fund . La Porte Area Water Authority . Golf Course Fund L.- 8/28/2007 11 :32 AM 45 300,000 250,000 200,000 150,000 100,000 50,000 Sylvan Beach Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 8/28/2007 11 :32 AM 46 Sylvan Beach Fund Revenues & Expenses - Sylvan Beach Re ve nue s: Actual Budget Estimated Projected Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007 -08 Change Charges for Services 169.0 173.0 169.9 173.4 0.25% Other Financing Sources 25.0 25.0 28.5 65.0 160.00% Interest 9.7 10.4 12.5 11.9 14.37% Total Revenue 203.6 208.4 210.9 250.3 20.12% Expenses: Sylvan Beach Pavilion 203.3 208.4 242.7 274.2 31.58% Total Expenses 203.3 208.4 242.7 274.2 31.58% Net Revenues over Expenses 0.3 0.0 (31.8) (23.9) L-- 8/28/2007 11 :32 AM 47 200,000 180,000 . 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 8/28/2007 11 :32 AM Airport Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 o Revenues o Expenses 48 Airport Fund Revenues & Expenses .-- Revenues: Actual Budget Es timate d Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007 -08 Change Charges for Services 35.6 32.7 39.0 39.8 21.63% Interest 13.0 12.5 17.0 16.1 28.80% Total Revenue 48.6 45.2 56.0 55.9 23.61% Expenses: Airport Operating 14.6 30.2 183.8 23.4 -22.65% Total Expenses 14.6 30.2 183.8 23.4 -22.65% Net Revenues over Expenses 34.0 15.0 (127.8) 32.5 - 8/28/2007 11 :32 AM 49 La Porte Area Water Authority Comparison Revenues vs. Expenses 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11 :32 AM Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 o Expenses Projected 2007-08 o Revenues 50 La Porte Area Water Authority Fund Revenues & Expenses .....- Revenues: Actual Budget Estimated Projected Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 1,079.1 1,182.3 1,146.3 1,125.2 -4.83% Other Financing Sources 858.3 86.6 86.6 86.6 Interest 44.1 76.0 88.2 84.0 10.58% Total Revenue 1,981.5 1,344.9 1,321.1 1,295.8 -3.65% Expenses: La Porte Area Water Authority 1,090.3 1,031.1 982.9 1,717.8 66.5~;O Total Expenses 1,090.3 1,031.1 982.9 1,717.8 66.59% Net Revenues over Expenses 891.2 313.8 338.2 (421.9) L.- 8/28/2007 11 :32 AM 51 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11 :32 AM Golf Course Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007 -08 o Revenues o Expenses 52 Golf Course Fund Revenues & Expenses ,.... Revenues: Actual Budget Estimated Projected Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 947.2 1,103.5 1,056.3 1,069.9 -3.04% Other Financing Sources 216.0 90.0 510.3 51.5 -42.78% Interest 2.70 0.00% Total Revenue 1,165.9 1,193.5 1,566.6 1,121.4 -6.04% Expenses: Golf Course Club House 387.1 425.6 428.1 454.5 6.81% Golf Course Maintenance 779.5 767.9 785.8 849.6 10.63% Total Expenses 1,166.7 1,193.5 1,213.9 1,304.1 9.27% Net Revenues over Expenses (0.7) 0.0 352.8 ( 182.7) - 8/28/2007 11 :32 AM 53 Golf Course Transfers to General Fund .-- Fis cat Year 1994 1995 1996 1997 1998 1999 Transfer Amount 75,000 100,000 110,000 250,000 200,000 150,000 Total $ 885,000 I-- Could set up Reserve for Infrastructure Improvements 8/28/2007 11 :32 AM 54 Internal Service Funds .-- . Motor Pool Fund - Maintenance - Replacement . Insurance Fund - Employee Health Services - Risk Division . Technology Fund - Maintenance - Replacement ""-- 8/28/2007 11 :32 AM 55 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/28/2007 11 :32 AM Motor Pool Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Es timated 2006-07 Projected 2007-08 l:l Revenues o Expenses 56 Motor Pool Fund - Vehicle Replacement Revenues & Expenses - Revenues: Actual Budget Es timate d Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 782.1 774.3 774.3 878.7 13.49% Miscellaneous (62.8) 75.5 0.00% Administrative Transfers 636.9 0.00% Interest 79.2 82.0 121.1 114.7 39.88% Total Revenue 1,435.4 856.3 970.8 993.4 16.02% Expenses: Vehic1e Replacement 971.2 373.5 377.1 446.0 19.40% Total Expenses 971.2 373.5 377.1 446.0 19.40% Net Revenues over Expenses 464.3 482.7 593.8 547.4 - 8/28/2007 11 :32 AM 57 Motor Pool Fund - Vehicle Maintenance Revenues & Expenses - Revenues: (in thousands) Actual 2005-06 Budget 2006-07 Es timate d 2006-07 Pro je cte d 2007-08 Pe rce nt Change Charges for Services 1,029.4 992.1 992.1 1,029.7 3.79% Administrative Transfers 17.4 Interest 5.3 5.6 5.9 5.6 0.00% Total Revenue 1,034.6 997.7 1,015.4 1,035.3 3.77% Expenses: Vehicle Maintenance 1,072.5 1,024.8 943.5 1,083.3 5.72% Total Expenses 1,072.5 1,024.8 943.5 1,083.3 5.72% Net Revenues over Expenses (37.8) (27.0) 71.9 (48.1) - 8/28/2007 11 :32 AM 58 Vehicle Replacements 971,173 1,000,000 900,000 800,000 700,000 600,000 445,977 500,000 400,000 300,000 200,000 100,000 Actual Actual Ac tual Estimated Projected 2003-04 2004-05 2005-06 2006-07 2007 -08 8/28/2007 11 :32 AM 59 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/28/2007 11 :32 AM Vehicle Replacements Three Year Forecast $1.6 million is due to scheduled replacement of 2 fire trucks 2007 2008 2009 \.. 2010 2011 ./ --y Projected Schedule of Replacements Based on Eligibility 60 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/28/2007 11 :32 AM Insurance Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007 -08 o Revenues o Expenses 61 Insurance Fund - Employee Health Services Revenues & Expenses - Revenues: Actual Budget Estimated Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Employee Heahh Services 3,066.3 3,532.2 3,554.4 3,993.3 13.06% Operating Transfers 500.0 83.4 203.6 0.00% Interest 22.9 22.5 35.4 33.1 46.97% Total Revenue 3,589.1 3,638.1 3,793.4 4,026.4 10.67% Expenses: Employee Heahh Services 3,099.7 3,551.7 3,508.3 4,024.7 13.32% Total Expenses 3,099.7 3,551. 7 3,508.3 4,024.7 13.32% Net Revenues over Expenses 489.4 86.4 285.2 1.7 - 8/28/2007 11 :32 AM 62 Insurance Fund - Liability Insurance Division Revenues & Expenses - Revenues: Actual Budget Estimated Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Operating Transfers 812.52 817.45 820.45 824.4 0.85% Misce llaneous 34.53 0.00% Interest 22.9 22.5 35.4 33.1 46.97% Total Revenue 869.90 839.95 855.83 857.5 2.09% Expenses: Liability Insurance Division 780.6 824.4 755.8 856.4 3.88% Total Expenses 780.62 824.39 755.79 856.4 3.88% Net Revenues over Expenses 89.3 15.6 100.0 1.1 L.- 8/28/2007 11 :32 AM 63 Insurance Fund Highlights - Long Term & Short Term Disability - $70,000 - 8/28/2007 11 :32 AM 64 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/28/2007 11 :32 AM Employee Health Services Charges to Departments 2,935,800 2,098,901 2,539,214 2,159,338 Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 3,413,336 Projected 2007 -08 65 City Contributions vs. Employee Contributions - Current Fiscal Year Projected for FY 2008 City Contribution 83% 85% Employee Contributions 17% 15% - 8/28/2007 11 :32 AM 66 Liability Insurance Trends PREMIUM PAID TO TML $800,000 $700,000 $677,643 a $600,000 ;::l $505,799 ..... S $500,000 ~ t:l-. !:: $393,022 0 ... $400,000 5 0.. r/.) j $300,000 "0 $221,915 Cl $200,000 $455,130 $449,085 $100,000 $0 $28,228 reimbursement 1999/2000 2000/2001 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 * 8/28/2007 11 :32 AM Note: In 2003 new claims/safety mgmt best practices were implemented * As of 07/31/07 67 Worker's Compensation Trends Number of Worker Injury/Dlness Cases 120 102 100 96 84 80 rJ:J l1) 68 ~ u ~ 0 60 a:> ,D s 45 ;:l Z 40 20 o 1999/2000 2000/2001 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 8/28/2007 11 :32 AM Note: In 2003 new claims/safety mgmt best practices were implemented *As of7/31/07 68 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11 :32 AM Technology Fund Comparison Revenues vs. Expenses Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 CJ Revenues o Expenses 69 Computer Replacement Lease Fees 394,422 350,000 300,000 234,803 250,000 200,000 150,000 100,000 50,000 8/28/2007 11 :32 AM Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 70 Technology Fund - MIS/Computer Maintenance Revenues & Expenses - Revenues: Actual Budget Es timate d Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 711.7 756.0 755.2 791. 9 4.76% Cable Franchise Fees 53.0 54.3 54.3 45.3 -16.57% Administrative Transfers 7.8 0.00% Interest 17.7 15.9 22.0 20.8 31.02% Total Revenue 782.4 826.2 839.2 858.1 0.00% Expenses: MIS/Computer Maintenance 772.9 1,006.7 989.9 919.2 -8.69% Total Expenses 772.9 1,006.7 989.9 919.2 -8.69% Net Revenues over Expenses 9.5 (180.6) (150.7) (61.2) '-- 8/28/2007 11:32 AM 71 Technology Fund - Computer Replacement Revenues & Expenses - Revenues: Actual Budget Es timate d Proje cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 203.5 209.7 209.7 279.9 33.50% Interest 17.7 15.9 22.0 20.8 31. 02% Total Revenue 221.2 225.5 231.6 300.7 33.33% Expenses: Computer Replacement 118.6 282.4 250.2 276.9 -1.97% Total Expenses 118.6 282.4 250.2 276.9 -1. 97% Net Revenues over Expenses 102.6 (56.9) (18.6) 23.8 - 8/28/2007 11 :32 AM 72 Special Revenue Funds ,.- . Grant Fund . Street Maintenance Sales Tax Fund . Community Investment Fund . Hotel/Motel Occupancy Tax . Section 4B Economic Development Sales Tax . TIRZ Fund '-- 8/28/2007 11 :32 AM 73 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11 :32 AM Grant Fund Comparison Revenues vs. Expenditures Actual 2003-04 Actual 2004-05 c:J Revenues Actual 2005-06 Estimated 2006-07 Projected 2007-08 \;l Expenditures 74 Grant Fund Revenues & Expenditures - Revenues: Actual Budget Es timate d Projected Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Fines and Forfeits 28.7 0.00% Seized Funds 56.1 57.3 5.1 300.5 424.04% Park Development 36.3 19.7 0.00% Public Safety Grants 592.5 392.6 342.1 184.4 -53.03% AAA Grant 53.3 53.3 62.8 66.5 24.68% Emergency Services Grants 331.2 66.0 78.8 25.0 -62.12% Community Development Grants 242.0 322.9 460.0 90.12% Interest Income 3.0 0.00% Total Revenue 1,101.1 811.2 831.2 1,036.4 27.76% Expenditures: Grant Expenditures 1,019.7 811.2 831.2 1,036.4 27.76% Total Expenditures 1,019.7 811.2 831.2 1,036.4 27.76% - Net Revenues over Expenditures 81.38 8/28/2007 11 :32 AM 75 Street Maintenance Sales Tax Fund Comparison Revenues vs. Expenditures 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11:47 AM Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 C1 Revenues IiiII Expenditures 76 Street Maintenance Sales Tax Fund Revenues & Expenditures - Revenues: Actual Budget Es timate d Projected Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007 -08 Change Charges for Services 675.4 720.6 0.000,10 Administrative Transfers 250.0 0.00% Interest 6.2 5.9 0.00% Total Revenue 931.6 726.5 0.00% Expenditures: Section 4B Sales Tax 600.0 1,004.2 0.00% Total Expenditure 600.0 1,004.2 0.00% Net Revenues over Expenditure 0.0 0.0 331.6 (277.6) L- 8/28/2007 11 :47 AM 77 Community Investment Fund Comparison Revenues vs. Expenditures 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 8/28/2007 11:47 AM Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 1:1 Revenues IiliiI Expenditures 78 Community Investment Fund Revenues & Expenditures ...- Revenues: Actual Budget Es timate d Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Industrial Payments * 188.9 174.8 206.8 192.3 10.01% Miscellaneous 10.0 2.0 Transfers 500.0 500.0 0.00% Interest 12.5 6.0 24.2 23.1 284.17% Total Revenue 701.4 180.8 741.0 217.4 20.21% Expenditures: Community Investment 120.7 138.0 638.0 233.1 68.93% Total Expenditures 120.7 138.0 638.0 233.1 68.93% Net Revenues over Expenditures 580.7 42.8 103.0 (15.8) '- *2.5% of In-Lieu 8/28/2007 11:47 AM 79 Community Investment Fund Highlights .-- · Implement Retail Study for Economic Development · Video - (Revised Marketing Information) · RFP for Bayfront Development · Development of Economic Strategic Plan - 8/28/2007 11:47 AM 80 Hotel/Motel Occupancy Tax Fund Comparison Revenues vs. Expenditures 600,000 500,000 400,000 300,000 200,000 100,000 8/28/2007 11:47 AM Actual 2003-04 Actual 2004-05 Actual 2005-06 Estimated 2006-07 Projected 2007-08 CJ Revenues ~ Expenditures 81 Hotel/Motel Occupancy Tax Fund Revenues & Expenditures ...-- Actual Budget Es timate d Proje cte d Percent (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Occupancy Taxes 257.2 297.5 366.3 415.0 39.50% Transfers 2.2 93.6 0.00% Interest 30.2 37.0 22.6 21.4 -42.16% Total Revenue 287.4 334.5 391.1 530.0 58.45% Expenditures: HotellMote1 Occupancy Tax 335.5 454.3 510.3 556.5 22.49% Total Expenditures 335.5 454.3 510.3 556.5 22.49% Net Revenues over Expenditures (48.1 ) (119.8) (119.2) (26.5) - 8/28/2007 11:47 AM 82 Hotel/Motel Highlights - Partnership with Mainstreet - Fall Back Festival Partnership with San Jacinto Monument/Battleship- Duathalon with Reenactment Continued Funding of Beach Nourishment Continued Funding of Chamber of Commerce Continued Funding of Other Community Festivals Joint Venture with Heritage Society '-- 8/28/2007 11:47 AM 83 Section 4B Economic Development Sales Tax Fund Comparison Revenues vs. Expenditures 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 8/28/2007 11:47 AM Actual 2003-04 Actual 2004-05 l::I Revenues Actual 2005-06 Estimated 2006-07 Projected 2007-08 !;J Ex enditures 84 Section 4B Economic Development Sales Tax Fund Revenues & Expenditures - Revenues: Actual Budget Estimated Pro je cte d Pe rce nt (in thousands) 2005-06 2006-07 2006-07 2007-08 Change Charges for Services 1,245.8 1,217.4 1,350.3 1,441.3 18.39% Administrative Transfers 254.2 0.00% Interest 121.4 123.5 186.2 176.4 42.83% Total Revenue 1,367.2 1,340.9 1,536.5 1,871.8 39.60% Expenditures: Section 4B Sales Tax 740.1 832.2 1,103.0 971. 6 16.75% Total Expenditures 740.1 832.2 1,103.0 971.6 16.75% Net Revenues over Expenditures 627.1 508.7 433.4 900.3 L.- 8/28/2007 11 :47 AM 85 4B Highlights - Partial Funding of Joint Venture with Pasadena- Sports Complex '-- 8/28/2007 11 :47 AM 86 TIRZ Fund - Fiscal Year 2007-08 Budget (Approved by the Board August 22' 2007) Estimated Balance 9/30/07: Revenues: Expenditures: Ending Balance 9/30/08: - $ 249,112 1,621,438 1 ~600~ 185 $ 270,365 87 8/28/2007 11:47 AM 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Long Range Debt Service Plan General Debt Service - Annual Pa ments ~ lt~ 0 I~ ~ e:r\':J0, \':J " ,I'); ,'? ~ " (, '\ co 0, \':J 'J..' rv rvrC' ~ 'J.." (, ~ ~).) \':Jo,~ ,\:1 V ,'1! ,,,,"-; rx' '?"-; 10' '\~ 'tf"'- ,o,~ 1');\:1 :vI'); i'f'V ~ ,?'V 1');10 \':J ~ , "-; , "-; , '" I'); I'); I'); I'); EI Existing Debt Fiscal Year o $2.8 C of 0 in 2008 8/28/2007 11 :47 AM 88 Debt Service Funds - Working Capital 09/30/07 FY 07-08 FY 07-08 Revenues Expenditures Working Capital 09/30/08 General 1.8 3.3 3.5 1.6 Utility 0.8 0.5 0.5 0.8 La Porte Area Water Authority 0.8 0.8 Total Debt Service 2.6 4.6 4.7 2.5 In millions L.- 8/28/2007 11:47 AM 89 o 0\ ~. rI:J = Q .- ... rI:J ~ = OJ ::E < r--- ~ ........ ........ r--- o o (".l --.. 00 (".l --.. 00 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10. 2007 S HlIrri~ ~ Bud!!:et Requested By: Source of Funds: Department: City Sel:rehlry Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Ordinance 1 OOO-l-R if approved, would allow a new applicant to sell beer and/or wine at Mama Mia's Italian Restaurant. The City has processed the new application and it meets Code of Ordinance regulation on past due taxes, liens police investigation and inspections. It is recommended City Council approve 1000-1-R granting an alcohol permit to Mama Mia's Italian Restaurant. Action Required bv Council: Consider approval of ordinance 1000-1- R r4~7 Date ORDINANCE NO. 1000-1-R 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 CONSUKPTION ON THE PREMISES MAY BE SOLD, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the city of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter lOS, Section 105.05 and section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, section 109.31 et seq; WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; WHEREAS, a new applicant desires to sell wine and/or beer at a location previously permitted in Chapter 6 of the Code of Ordinances of the City of La Porte; WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this Ordinance and the Code of Ordinances of the city of La Porte: STREET ADDRESS OF PROPERTY: 8200 Spencer Highway La Porte, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Tract 17M, Abstract 482, William Jones Survey, Town of La Porte, Harris County, Texas PROPERTY OWNER: Ramiro Trejo Ruiz NAME OF APPLICANT: Seval Halili ADDRESS OF APPLICANT: 1900 Tuscany Lane Arlington, TX 76017 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Mama Mia's Italian Grill Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: 2 a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this conflict with the provisions of Beverage Code; and Ordinance does not the Texas Alcoholic d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provisions apply to all businesses within the city of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 3 Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of September, 2007. CITY OF LA PO~ ~~.~ Alton E. Porter, Mayor By: ATTEST: ~t;!6f ~11X.A{C ~ city Secretary APPROVED: ~- ~ ~ ~' ~/~ ~ CI rk T. Askins Assistant City Attorney 4 D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Sentember 10. 2007 Bude:et Requested By: Mike R08ze Source of Funds: Ordinance: I Account Number: Department: Fire Report: X Resolution: Amount Budgeted: Exhibits: Contract Amount Requested: Exhibits: Calculation Snreedsheet Budgeted Item: YES NO '" Exhibits SUMMARY & RECOMMENDATION Renew annual secondary fire protection contract with the Port of Houston Authority for the Barbour's Cut Terminal Action Reauired bv Council: Cbtj:V~c~ Roor-- ;3Dc?b Approve or deny contract renewal A rftlf./o r Date ' { ORDINANCE NO. 2007- 3Dd--~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR SUPPLEMENTAL FIRE PROTECTION, 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 of the City of La Porte 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. Section 2 . The City Council of the City of La Porte 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 subj ect 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. ORDINANCE NO. 2007-~~ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of September, 2007 1*\Y OF LA PORTE .~~y~ Alton E. Porter, Mayor By: ATTEST: ~~~;J!t~~~tary APPROVED: ~ 1 I~ &-/ KFox W. Askins, City Attorney 2 F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10.2007 Requested By: Wayne s~tf- Department: Planning Appropriation Source of Funds: CDBG Account Number 032-9090-519-5110 Report: ~ Resolution: Ordinance: X Amount Budgeted: $241,950 Exhibits: Ordinance & Bid Tabulation CLP #07-4502 Amount Requested: $94,420 Exhibits: Budgeted Item: YES SUMMARY & RECOMMENDATION Harris County Community & Economic Development Department previously awarded the City a CDBG grant to extend and pave North 7th Street from Madison to the "E" Street ROW as well as a linear connectivity amenity along the "E" Street ROW from North 8th to North 2nd Street. The original grant included utility extensions as well. However, it was decided by staff that Public Works would extend the waterline and it is complete and in place. The original amount awarded by the county was $196,950. As part of the City's leveraging funds, the City surveyed the project area and the Engineering Division designed and bid the project. On the first bidding period, the City received three (3) bids with a low bid of$114,030 from D & W Contractors: . Paving . Drainage . Waterline . Contingencies/Other Work $83,460.00 $960.00 $19,610.00 $10,000.00 The disparity in the above numbers with the bid tabulation is due to the contractor not including the addendum price for the manipulation of the lime sub grade in the amount of $7,000 in the total bid price. Also, as previously noted, the waterline portion of the contract has already been constructed by Public Works. City staffhas notified the contractor and it is mutually agreed that the waterline portion of the project will be omitted from the contract, reducing the contract price to $94,420. Budgeted funds include a $45,000 award from SETH for additional pedestrian amenities along the "E" Street ROW in conjunction with the CDBG project. An additional contract will be awarded at a later date for the linear connectivity amenity. Staff recommends awarding the bid to D & W Contractors for the paving and drainage ofN. 7th Street. Action Required bv Council: 1. Approve an Ordinance to award the bid in the amount of $94,420 to D & W Contractors for the paving and drainage of North 7th Street with the remaining budgeted funds to be used for linear connectivity amenities in the "E" Street ROW. 2. Direct Staff to issue a notice to commence construction. Approved for City Council Al!enda riot /0 '{ Dat~ . ORDINANCE NO. 2007- 3 oJ f) AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND D & W CONTRACTORS, INC., FOR PAVING AND EXTENSION OF NORTH 7th STREET; APPROPRIATING $94,420.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METTINGS LA W;PROVlDING 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, as set forth in this section. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The authority given to the City Manager to execute the contract or agreement approved by this ordinance shall expire sixty (60) days from its passage and approval. 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 not to exceed $94,420.00 from the City of La Porte Grant Fund No. 032, 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 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, 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 lorL day of Sept' n1~007. CITY OF LA PORTE ~ty~ By: Alton E. Porter, Mayor ATTEST: JJ1~~~UC~ Martha A. Gillett, City Se retary APPROVED: M~T~ Clark T. Askins, Assistant City Attorney BID #07023 NORTH 7TH STREET EXTENSION TEXCOR D&W CONSTRUCTION MAR-CON DESCRIPTION CONTRACTORS SERVICES SERVICES, LLC Base Bid $107,030.00 $131,337.01 $139,532.50 Total Base Bid $107,030.00 $131,337.01 $139,532.50 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA Amount Requested: NA Budg:et Item: NA Agenda Date Requested: September to. 2007 Requested By: Wavne ~~ A A. /~ Department: Planning: Report: _Resolution: _Ordinance: X Attachments: Ordinance P&Z Staff Report Aerial Map Sketch Plan SUMMARY On August 27, 2007, the City Council voted to continue the Public Hearing for #SCU07-007 in order to gather more information about a proposed project to develop an office/warehouse facility on N. 8th Street. At issue is the proposed height of the warehouses within the developed tract and the impact to the pending residential development to the east of the subject tract. Subsequent to the meeting, Staff has learned that the developer intends the warehouses to be 21 feet in height. While the General Commercial Zoning District does not impose a height restriction, Council may consider a modification to the SCUP which ensures that the developer complies with the proposed height of the buildings to lessen the impact on adjacent residential development. A recap of the proposed development and SCUP follows: The Planning and Zoning Commission, during its July 19,2007, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU07-007. The request, submitted by Mr. John Bible, seeks approval of a Special Conditional Use Permit (SCUP) for developing an office/warehouse facility on approximately 1.1478 acre tract of land located in the 500 block of North 8th Street. Warehousing activity is classified as a "conditional use' in general commercial zoning districts. A Special Conditional Use Permit is required per Code of Ordinances, Chapter 106 (zoning). The applicant is proposing four 4,675 sq.ft (85'x55') warehouse buildings on the subject tract located along North 8th Street, one block south of Barbour's Cut Boulevard. The plan is to develop these warehouses, which may cater to small businesses in the area or anticipated businesses to be located to La Porte. The existing land uses are primarily commercial, (e.g. businesses along North 8th Street are special trade contractors, offices and storage/warehouses). There are predominantly trucking related businesses and other services, (e.g. truck stop, truck tires sales & repair services) located along Barbour's Cut Boulevard one block north of the subject property. The property also abuts residential zoned properties to the east (Northside Neighborhood), where the City hopes to build four single-family dwellings under the HOME grant program along North 7th Street. The setback area adjacent to the alley should be utilized for screening of the commercial establishment from the residential properties. As per item 9 of the special conditional use permit, in addition to the landscaping and screening, a substantial portion of the facility's landscaping should also be placed along North 8th Street. If planned properly, the proposed landscaping/screening and additional setback should result in a facility that is attractive and compatible with surrounding properties. One of the directives of the Comprehensive Plan is to encourage new and sustained investment in the City as the basis of a successful redevelopment strategy. With limited commercial exposure on 8th Street, it was felt by the Commissioners that warehousing in support of local businesses may be the best use. Public Notices were mailed to thirteen (13) property owners. No responses were received. At the conclusion of the public hearing, the Commission agreed with the staffs statement and amended a condition to the SCUP that the owner/developer must replat the property if subdivided. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 07-007 with the conditions as listed in the SCUP attached herewith. Action Required bv Council: 1. Continue the Public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 07-007 for a 1.1478 acre tract ofland located in the 500 block of North 8th Street. 3. Consider an amendment to #SCU 07-007 to add "Buildings are to be no greater than 21 feet in height as measured by standard practice by the City of La Porte." Approved for City Council A2enda rr!o? \ Date ORDINANCE NO. 1501- 2 ~ 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 #SCU07-007 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: LOTS 1 THRU 16, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING OFFICEIWAREHOUSE FACILITY IN A GENERAL COMMERCIAL (GC) ZONE; 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 19th day of July, 2007, 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 July 19, 2007, 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 30th day of July, 2007, 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- 25' 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 2ih day of August, 2007, 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. The conditions of the said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to-wit: Lots 1 thru 16, Block 101, Town of La Porte, Johnson Hunter Survey, Abstract 35, 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. "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 ORDINANCE NO. 1501- 1.. 5" Page 3 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 I 0#- day Of:2ep:L; 2007. CITY R LA PORTE ~ By: ~L~)~ ALTON PORTER, Mayor ATTEST: By y11lraftl{~ ~ ~C MAR HA GILLETT, City Secr~tary f1 By: CLARK ASKINS, Assistant City At zU.~ #SCU07-007 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 19th day of July, 2007, in the Council Chambers of the City Hall, 604 West Faim10nt Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-007, which has been requested for the property described as Lots 1-16, Block 101, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. John Bible, of Bayport Properties, is seeking approval of a Special Conditional Use Pem1it for proposed office/warehouse facility to be located in the 500 block of North 8th Street. As per City's Code of Ordinances, warehousing is classified as a conditional use in General Commercial 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, CMC 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 the City SecretwJ! 's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. r. ." tAM l 01 J 'J ei r SCUD7 -007 :'l"'"""l;' ( OF HE STATE EXAS ;OUNTY OF HARRIS 820 S. 8th Street a Porte, Texas 77571 "'-;-;':':':':=:::-~':':-:-;"--'- ...:-:.::.:...;.:.:-:................................-...., ................................. ----............................ ............................. ............-..."................................. 281-471-1234 Fax 281-471-5763 .;.::-:.:.;.;.:.:.....-...... ;ITY OF LA PORTE NOTICE OF PUBLIC .~ ~Rl~h: 'p~~The ,ions of Section 06-17.1 of the Code If Ordinances of the ~ity of La Porte, and he provisions of the iexas Local Govern- : nent Code, notice is lerebygiven that. the :a F'ort~Planning ~nd City of La Porte ~oning .... ...... '.. Commission 0ii'.collduct a .;PUblicCounty of Harris lear\ng":at 6:00..~~ft4.... i'nthe .19thd~y...of:> tate of Texas iuly; '~;{>2oii7; "in :".'1he ::;ounCiI . Chambers '.. .of ~~st Ci~ai~m~in, P~~ 3efore me, the undersigned authority, on this date came and Nay, .' La . Porte, Texas'lppeared Lisa Godfrey a duly authorized representative of The fhe purpose of thl.s. , leari~gis to co~~id.er ~ayshore Sun a semi-weekly newspaper published and generally SpeCial Conditional . ' Use' Permit Request Jistributed in the City of La Porte, Harris County, Texas and who rlSCUD7-007, which If b' d I h h d' bl' h d . ~:b.J'~.t~'~ii~:r B:I~~or~ ~~:~~~~~w~rr.,tn~j~ e .notlce was pu IS e In Block 101, Town' of La " CJ--T Porte, ,John~on Hunter. Survey, .... . Abstract >.:"~5,' La Porte, Harris. 'ID . . '1' . .. . ", . .. , ... .. .. .r .. .. . . ..... .. . ..... , , . ... . . -- ~~~ce19! SUD ;cOUrrtY:'i'.T~@'f:F :Bible,):QL':'~~ypoi1 :~.rtie:>,.J.:js'::~:~~~~in94i.~i . . Provalfofa"S'~'j;.Isa Godfrey.- C d' ......... .. ....... pee,a . .(?nltl()Qill;;.~.'U.se..1~~r~ mit. ....for...p,.opos~a..!;bf:! fice/warehouse facility ! 10 .' be . lOcated, in the i 500 '. block of NorthBth' Str~et.As'pe,.'c!tY's ~od~ ~f.Qrdinan:ces, '1arehi IS classi- ied , .as conditional ,worn and subscribed before me this Ise . m ,,,ral Com- ^, I ~erc'al, zing 'dis- , f-'(VC ~s12007. 'lctS. .:; ~' . regular feetmg of the Plan- ng. and Zoning Com- Isslon . will follow the ;~~~se heari~f' fO:~~~;.' ,\Jotary Public Ion. .the public.. hear-',Harris County Texas ~ Items . and to ,con~' ' .ct other matters per- nrng to the Commis, In. ~ lc.f --- day of ymm!ll!l!l 11m W ti! i II illllm mm;! II!!!! i f I ~~ ;c,*,R.Y "u\, DEI'miS C. DUNHA.M ~ :::: '" (" NOTARY PUBLIC = .,.~ y. ',> S"MTE OF TEXAS G:;I.., -/l'- C _ ~ >, OF <v omm. Exp. 10-01-20D8 _ i Em I II I!!ummm ml!UllmllWIII ! II: i: ~,t!!i . . C i t i zen s My Commission Exprires fC>- {-o ~ 'hmg to address the mmission pro or I I during the Public ~ring will be re- i 'ed to sign . in be- , the meeting is I vened, ~ITY OF LA PORTE Martha Gillett TRMC, CMC' !Bi1 ,...., b City of La Porte Established 1892 July 30, 2007 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on July 19,2007, considered Special Conditional Use Permit #SCU 07-007. The applicant, Bayport Properties, Inc., seeks approval ofa proposed office/warehouse facility to be located in the 500 block of North 8th Street. The Planning and Zoning Commission, by unanimous vote, recommended City Council consider approval of Special Conditional Use Permit #SCU07-007 with the following conditions: 1. SCU#07-007 is specifically limited to the proposed development of North 8th Street Business Park. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. All paving/parking material shall be either asphalt or concrete as per Public Improvement Criteria Manual (PICM) of the City of La Porte. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. 5. North 8th Street is not a designated truck route. 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that landscape plan shall accompany the site plan showing screening andlor buffer between commercial uses and residential properties. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, landscaping must be provided along North 8th Street to insure an attractive appearance of the facility. 10. Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. 11. A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. 12. All new fencing and signage shall require a separate permit from the City's Inspection Division. 13. Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. 14. The property needs to be platted, if subdivided. 15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. c: John Joerns, Interim City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 VI Fairmont Phvy · La Porte, Texas 77571 · (281) 471-5020 EXHIBIT t". '..I #SCU07-007 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 27th day of August, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07 -007, which has been requested for the property described as Lots 1-16, Block 101, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. John Bible, of Bayport Properties, is seeking approval of a Special Conditional Use Permit for proposed office/warehouse facility to be located in the 500 block of North 8th Street. As per City's Code of Ordinances, warehousing is classified as a conditional use in General Conmlercial zoning districts. 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, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action vvi!! 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 forfurther h?formation. EXHiBiT THE STATE OF Ti=Y4,<; COUNTY OF HARRIS CITY OF LA PORTE 820 S. 8th Street Porte, Texas 77571 ....-;-...:.:.:.:.:.:.:-:.:.......:... ...-......................... ...;......................-.......................-.. ...:.:.;.;-;.:-;.;.:.;.;.;.:-:.:.:........... 281-471-1234 Fax 281-471-5763 ,................................................... .....-.............................................. --................ ~~:.:.:........... NOTICE OF PUBLIC HEARING fh S In accor- . e un dance with the provi- sions of Section 106-171 of the Code ~~ty O~1in~~ce~ort~f ;~~ 'Serving Th;tjIJJJI')::I;:~ Since 1947' the provisions of the Texas Local Govern- ment Code, notice is hereby given that the.. t~ Porte City Council ~Ity of La Porte Will conduct a public... f H ' hearing at 6:00 P.M. "ounty 0 arns on the 27th day of 't t f T August, 2007, in the) a e 0 exas Council Chambers' of the City Hall, 604 ::;,t L:ai~~~~~ T::~~; ~efore me, the undersigned authority, on this date came and The. purpose of this ~ppeared Lisa Godfrey, a duly authorized representative of The 'leanng IS to conslder~' , . Special Conditional ~ayshore Sun, a semi-weekly newspaper published and generally Use Permit Request 'I' "b d' th C'ty f L P rt H . C ty T d h ftSCU07-007, which Istn ute In e loa 0 e, arns .oun , exas an w 0 1as been requested 'ft b' d I ~ ~~ t' bl" h d ' :or. the. property de- L er elng u y sworn, SWealj}-a e no Ice was pu IS e In ;cnbed as Lots 1-16, -he yshore Sun dated CD, 3Jock 101. Town of La , Jorte, Johnson Hunter I ,urvey, Abstract . 35, _a Porte, Harris ~ounty, Texas. John 3ible: of Bayport Prop- lrties, is seeking ap- lroval of a Special ;ondilional Use Per- , nit for proposed of- .lsa Godfrey Ice/warehouse facility ) be located in the ,00 block of North 8th ~? llree!. As per City's !ill :ode of Ordinances larehousing is classi~" ed as a, conditional se i~f(j' ~t1 Com- ,( . ~ 1.erciap,. .. Fl.I.n.g. dis- .lworn and subscnbed before me this ! ,-) day of 'lets. '.~~7 . Rt.Y \US-( ,2007, A " regular ~ leeting of the "City , fJd~ '.ou nCi.1 will follol"l. t h. is ,"'..,....' ublic heanng for .'.the ..... ~ urpose of acti,ng.,. , pon the public hear- ~ , Ig items and to con- iU.' otary Public uct other matters per - ~ lining to the CounciL ~farris County Texas L ' C it i zen s ishing to address the. ouncil pro or con (I. Jring the Public' " . I ~ ~aring will be re- fllly COmmiSSiOn Expnres /6 -C-O(} Jlred to sign in be- re --the meeting is', mvened, CITY OF LA PORTE artha GiI- EXHIBIT r: City of La Porte Special Conditional Use Permit # SCU 07-007 This permit is issued to: John Bible, Bavport Properties, Inc. Owner or Agent 11627 Noblewood Crest Ln., Houston, TX 77082 Address For Development of: North 8th Street Business Park Development Name 500 Block of North 8th Street La Porte Address Legal Description: Lots 1-16, Block 101, Town of La Porte Zoning: General Commercial (GCl Use: OfficelWarehouse facilitv Permit Conditions: 1. SCUP#07-007 is specifically limited to the proposed development of 8th Street Business Park. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. All paving/parking material shall be either asphalt or concrete as per Public Improvement Criteria Manual (PICM) of the City of La Porte. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. 5. North 8th Street is not a designated truck route. 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that landscape plan shall accompany with the site plan showing screening and/or buffer between commercial uses and residential properties. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, landscaping must be provided along North 8th Street to insure a positive appearance of the facility. 10. Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. 11. Fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106- 797(2) of the Code of Ordinances. 12. All new fencing and signage shall require separate permit from the City's Inspection Division. 13. Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. 14. The property must be platted if divided. 15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. -0, Staff Report July 19,2007 North 8th Street Business Park Special Conditional Use Permit #SCU07-007 ReQuested by: Mr. John Bible ReQuested for: 1.1478 acres of land, containing all of Lots 1 thru 16, Block 101, as recorded in Volume 58, Page 563 H.C.C.P., Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location: 500 Block of North 8th Street Zoning: General Commercial (GC) Proposed Use: Office/Warehouse Background: The applicant is proposing four 4,675 sq.ft (85'x55') warehouse buildings on a 1.1478 acre tract located in the 500 block of North 8th Street, one block south of Barbour's Cut Boulevard. The property is zoned General Commercial (GC). General Warehousing and storage (SIC #4225) is classified as a 'Conditional Use' in GC zoning districts. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case-by-case basis. Analvsis: Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, Development Ordinance, and Code of Ordinances (Chapter 106) as a guide. Considerations were given to the following issues: . Character of the surrounding and adjacent properties; . Existing use of nearby properties, and the extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land uses; . Extent to which the proposed use designation would adversely affect the capacity or safety ofthat portion of road network influenced by the use; . Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. 8th Street Business Park SCU07-007 Page 2 of 4 Land Use - The City's Land Use Plan shows this area developing with commercial uses. The existing land uses are primarily commercial, e.g. businesses along North 8th Street are special trade contractors, offices and storage/warehouses. There are predominantly trucking related businesses and other services, i.e. truck stop, truck tires sales & repair services located along Barbour's Cut Boulevard one block north of the subject property. Transportation - Staff notes that the subject tract is in proximity to State Highway 146 and Barbour's Cut Boulevard. The property will have access along North 8th Street (80'ROW), runs north-south between West Main Street and Barbour's Cut Boulevard. North 8th Street is not a designated truck route. The transportation/traffic system should accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the project and the proposed development should not conflict with the Thoroughfare Plan. Utilities and Drainage - Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. An 8" water line runs east-west in the north right-of-way of West Madison Street, south of the property in question. Existing water is adequate for potable but may require fire protection for the proposed development. The nearest fire hydrant is located at the northwest comer of 8th Street and West Madison Street. A sanitary sewer line runs in the 16' public alley just east of the property. The development requires on-site detention/retention with the planned outfall to nearby drainage channel. Landscaping/Screening - The property abuts residential zoned properties to the east (Northside Neighborhood). The City hopes to build four single- family dwellings under the HOME grant program to the east of the subject property along North 7th Street. When a commercially zoned property is adjacent to residential uses, a 20' rear building setback is required. The setback area adjacent to the alley should be utilized for screening of the commercial establishment from the residential properties. Staff suggests heavy landscaping and screening in this area and a substantial portion of the facility's landscaping should also be placed along North 8th Street. If approved, the proposed landscaping/screening and additional setback should result in a facility that is attractive and compatible with surrounding properties. Economic Development - One of the intentions of the Comprehensive Plan is to encourage new and sustained investment in the City as the basis of a successful redevelopment strategy. This may be achieved by encouraging in-fill development within existing infrastructure service areas. As per plan, commercial, retail, and service activities shall be clustered throughout the City and be convenient to residential areas. In this case, the plan is to develop warehouses, which may cater to small businesses in the area or anticipated businesses to be located to this area. The intent for commercial 8th Street Business Park SCU07-007 Page 3 of 4 Conclusion: uses is to include a balanced mixture of miscellaneous shopping, strip centers, free-standing commercial sites, and neighborhood stores. With the development of these small office/warehouse buildings, the goals and objectives of the plan may not be achieved. Sales tax is another factor that should be reviewed when considering this request. Sidewalks - Section 5.02 of the Development Ordinance empowers the Commission to require pedestrian sidewalks when it feels their inclusion will serve the public interest. Staff would recommend the inclusion of sidewalks. Responsibility for construction of the sidewalks shall be the responsibility of the owner/developer. Based on the facts and considerations presented above, if the Planning and Zoning Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests the following conditions as a minimum be added: . SCUP#07 -007 is specifically limited to the proposed development of 8th Street Business Park. . This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. . All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) of the City of La Porte. . Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areaslresidential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction ofthe City Engineer. . North 8th Street is not a designated truck route. . Ensure that maximum lot coverage does not exceed 40%. . Ensure that landscape plan shall accompany the site plan showing screening and/or buffer between commercial uses and residential properties. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. . In addition, landscaping must be provided along North 8th Street to insure an attractive appearance of the facility. . Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. . A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. . All new fencing and signage shall require a separate permit from the City's Inspection Division. . Installation and maintenance of the sidewalks is the sole responsibility ofthe owner/developer. . The property must be platted. 8th Street Business Park SCU07-007 Page 4 of 4 . The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. j LOCATION OF PROPERTY I .:.....i....d-..r...~ .c<..... ..'. ....~............ ,..... ' 1 }f1,,-- ".- '." ,', ' "'" l-W , '.' . . ~_.~---;~t; '!~'-~"r' /;!_. _ r:e '.1'..--.' ..~ . '.. ~ . .. -db fl, _ ,'- ~!~ " , z Cf) :t ~ +:-- ~ f II I . {: -l~Tip:f I · .r;r- ..... "\., . ,. 1- -~, ' t -., -.JI?;' .. ~ . ........ i~~ ~ !.', f'" _~~i ~, II i ~ ; ~f- ~ ~ ~t .. .4~- \ , ! I , I ,,:&.L;'" ~I il' ~.t'C" ....:~1 1 II, ~. -'Jt ~ -:~" .~~ l- t: I t >. 1i" . ! .. . . ~ ,. "'1Ol1IIf" --- ~ ~ l'~ .. ..,~ . · p ..J: 7 ~ ,;.!-S:' ... '-,\'~.'..'..'.'" .'~~~.~~.~:,:: 7~- · .,~',':~:<7~ ,,' !\ ~, .. ,',,,, ,,::.t., ........ i~A)~-[."-' ...~ f ~l ff~'. ., Ai. _..&. SCU-07-007 I .;............. ,.- ;., ,# "'< ~ -!a- , _ .) ~ .-a..-.1. ( 1 - ...- ~ -~. iJI 1 i-=- , '. ~ . N ,~ ~, ... ,'f i.~'~~ ,~ -~ . I. it! ~l~ - I NOT TO. SCALE ~ - , .' ~~ - J l",' ~~.~"'t',. 1i... :=""--=--=....::..-~ '" ' ~ 1 I' .. ~- _' "'!J ..,..,. "~I.~R8buRS CUT BlWiii. It.. -.,.... I-- ,~' 4..... ~ '-~~-:'::"-T';~;~~~:::j _.--'1...... "._. --. ..,...;. .... ~ - 1 ~~ ~). \ ~Jl " .~~-l :? 1;CK ~LLEY .j: ............... _. I .-.- ."...- - .... -~ -- 1- k.:: r.:;' I j -J --:. ~ ~t''''lf..r:.t /,..~' ~_. . r ,: ~; . =~ . ~ ~ , i' r' . d .;,' , L_ _~_ _~ _ .~ #;.. . - -- - - .~".~..."",- ~;;;;,;;,,~~ -'Ii ~ ~ '- , . ," ~ ,~"'..., ",~,~,., ~~..~f:.~..~~~.._._~.,/; ." ,4 t 8 . . ..; ~ .,,_... 4 .; ... 1M ,....- .. .. '" ~ 'a e '*S .. ." ;tit ali .... ,~ I .- :. , .~ . ~'~I ~ I . - ~ a .- ;~ .t' _I, t " '- -,-',. f~t~ (i i _~ ''ll . , T' -. \~ l/ l'" " - > -. .., ~ l..~ .'" ~~-- .'l:lI 0 r- w w 0::: ~ ~ r- (/) 0 w ~ .... I 0 II) r- eD i:'i 0::: 0 Z I I I I 'IBLOCK I I I , I , I I I I I 101 I I I , 20' ASPHALT PAVING NOR1H 81H 8TAEET 80' ROW o BLOCK 100 :e U' ~ ~ r- w W 0:::. r-~ (/)0 O~ IO r-OO 0::: o Z .... ~ ~ 15 , . 30 60 SCALE; I" - 30' ..... --- alii STR[ET DUSIN!SS PARK EI UlEMIE' DIICIllPIIIM LEGAL DESCRIPTION: A I,H1BACRES OF lANO. CONTAINING All OF lOTS I TH/lU 16. BLOCK lQI AS RECORDED IN VOLUME !ill. PAGE !i6~ H.C.C.f,. CITY OF LA POInt,. HARRIS COUNTY.TElUIS BENCH MARK: ElEV....T1QitS llASEll 00 THE 2001 AOJUSTto4HH USING IlENCtu.W1;KIl6OO.1S FLOOD PLAIN INFORflo1ATlON: 8'1' GRAPHIC PLOTTING ONLY. THIll TRACT OF lAND lIES IN flOOD ZONE X (UNSliAOED). "AREAS OeSIGNATED TO Be OUTSlOf TilE 5OO.YEAR FLOOD PLAIN", ACCORDING TO f.f t.U. FEDERAL INSURANCE RATE MAP NO. ~B201c()945 J: S~ UAP RE\lISEO:NOV.6,1996. IIY GRAPHIC PLOTTING ONlY, THIS TRACT Of LAND liES IN lDfl/E l( IUtlSt1AOEOI-"NU;AS OETEIUAINED TO BE OUTSIDE THE SOO.YEAAfLOOOPVJN", ACCORDING TO C~fU:NT TROPICIlL STORM AlUSON HECOl/fRY PROJECT IT .s.....fl..P.)MAP NO. 4B2G1COs..l5 L; DATED SEPTEMBER 30. ;wo~ (HOlf: TIIE6E UAf'S HAVE NOl B.EE"lIUJOPTfD tiDfl APPROVED a'l' F.E.....A..; HOweVER. THE ClT'l' Of HOUSTON AHO ttAkRIS COUNIY AHt:Ht:LYINO Ul'0N IHIS INFORMATION FOR PROPOSED DEVELOPMENT SITES) UNDERGROUND UTILITY NOTE: CONTRACTOR SHALL VERiF'l'LOCATION OF UNDERGROUND UfltJTY LINES B'l' CONTACTING THE HOUSTON,/IJU;A UTIlITY COORDINATING COfdMIDEE AlllH41i~1i4li FORIYEIGHT i4llHOllRS BEfORt: ilEGINNLNG WORI< ALPINE ENGINEERING CI\/L ENClt&RS ..800 WADa a...um. IIROOKIIIII8II. 'I'X n.ua ---- ....--- FllIl IN1ERIY REIolEW ONlY - -.... NMlNIDIlIIfalCOMIIIlUl:'DllN ~ aI fDYTl'f.lIlPClKl --...... P.J.IIIIN.N6J1UU DA'IEl '/lOIOt III' I 90 MJ_ RUlGSI,,] 1tarND; ..... I 111_- ~ .. IWM' .... 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10.2007 Requested By: Mayor Alton Porter Appropriation Source of Funds: Department: City Council Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Ordinance Budgeted Item: YES NO Exhibits: Contract SUMMARY & RECOMMENDATION La Porte City Council to consider appointing a City Manager and authorizing a contract between the City Manager and the City of La Porte. Action Required bv Council: Approve Ordinance and contract appointing a City Manager. Approved for City Council A!!enda ~6~~ Alton E. Porter, Mayor ~+~'b-~~ Da ASKINS & ASKINS, ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 P.c. KNOX W. ASKINS CLARK T. ASKINS telephone 281.471.1886 telecopier 281.471.2047 knoxaskins@comcast.net ctaskins@swbell.net September 6, 2007 Hon. Mayor & city council City of La Porte city Hall La Porte, Texas Dear Mayor & Council: I enclose with this letter, revised copy of the proposed ordinance for Monday night's meeting, with the name of Ron Bottoms filled~, on Sections 1 and 2, and with the effective date of October ~, 2007. I also enclose draft of employment agreement between the city or La Porte and Mr. Bottoms, which I have reviewed, and which I have discussed with Mayor Porter for his approval, as I was not present at the negotiations. As required by the La Porte City Charter, this is an "at will" employment agreement. It is cancelable by either party on 30 days written notice. If the City of La Porte cancels without cause, section 3 provides for four months aggregate salary, as severance pay, plus accrued benefits. No severance pay will be payable to the employee, if the employee resigns. The annual salary is $135,000.00, and the car allowance is $500.00 per month. The employee is immediately credited with 120 hours of vacation leave at time of employment. In addition to the amount of employee group life insurance which City employees receive, the employee would receive an additional life insurance policy for $150,000.00. The employee moving allowance is $5,000.00. The remaining provisions are standard clauses typical to this type of agreement. I have approved the agreement. Please bring this copy of the agreement with you to the meeting on September 10, 2007. In the meantime, if you have any questions, please call me or Mayor Porter. W. Askins Attorney of La Porte KWA: sw Enclosures cc: Ms. Martha A. Gillett Mr. Clark T. Askins ORDINANCE NO. 2007-~ AN ORDINANCE APPOINTING A CITY MANAGER OF THE CITY OF LA PORTE, APPROVING AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY MANAGER OF THE CITY OF LA PORTE, KAXING 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 appoints Ron Bottoms, as the City Manager of the city of La Porte, effective October ~, 2007. This appointment is made pursuant to the provisions of section 3.01 of the City Charter of the city of La Porte. Section 2. The City Council hereby approves and authorizes the emplOYment agreement with Ron Bottoms as City Manager of the City of La Porte, in substantially the form as 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 3. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval and it is so ordered. PASSED AND APPROVED, this 10th day of September 2007. CITY OF LA PORTE By: ~lrp~ Alton E. Porter Mayor ATTEST: ~ (JJ})(),!*LlUL4J 7f<-N! ~ archa A. Gillett -) City Secretary I APPRO.VED' ~ ;( !~U!~ Krtox W. Askins City Attorney 2 . .. ......... - - . . . . - - .. . - . . . ..........-........... SEP-10-2007 02:44P FROM:CITY OF FREEPORT 1-979-233-2172 TO: 12814705009 C. This agreement shall become effective commencing 2007. i ! D. If any provision, or any portion thereof, contained' !this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreem.. 1, or portion thereot: shalt be deemed severable, shall not be affected, and shall Temain in full I ree and effect. , I ! IN WITNESS WHEREOF, the City of La Porte, Texas: has caused this agreement to be signed and executed in its behalfby its Mayor, Alton E. Porter, . d duly attested to by its City Secretary, and the Employee has signed and executed this agree ~nt, both in duplicate, the day and year first written above. I i I i i! I ATIEST: Martha A.. Gillett City Seeretary . I j I I I .1 I I I i .1 j I I I I I i i i I .1 ! j APPROVED AS TO FORM: Knox W. Askins City Attorney 'I I I I ! i ! .j " 7 CIlY OF LA PORTE, TEXAS By: Alton E. Porter, Mayor "EMPLOYER" Ron Bottoms "EMPLOYEE" P.2 \ MEETING HANDOUTS ~1'. .,~~t:J:,::: ~. '. .~.,.iti.'I;:"'!,"'~\it:.,. ,. ~~" "i.~..t'\GJ:)1 '. ,~,; :'~i..,,: -< Jill <:: .'" .,~. ,'.t -. ... .: ~: .11' . .:. ., .~ ..--------. .'\/1<, '...'lij ;i[~'j .~~"' ':~t, :~~::! ,,", , '.~. , ";'''''' ,,~ t ~ ',~,' .; +....~--, '\' ~ ."\ '~ ,~, :1' - ~ . '~. . ~'f~~,,:': L , .' ',. ..".~~, '. - , ~~ ........ .. \~.,"" .~.".., '. :\. \'1 t.. ~'- I "~~ ~~!, \).' ":.,!h~ 'i.I.~~\<'L' -",'J~' .':,j , 1 . ~,:. '..r.- :;" .;.~', ,~, !itiV \ I ~'I ~~, ~ ~.~j~:'tiJ1 "t"" ~~';~ ,~ .'.. :1<" .~ ," ,,- ,..':;;;:0' ~(,i!~- \'" Ii.....'.~. ~ } ~....~- .."C.'''''.'' " ., ' · < "..,' .,."", ~' ." ..'~", ,. !' q" "'-"~' "'- " '"', .. ',' :~!Ii ' '.,t. \' '." , ; <:: ,,' _ \' ...~'Co'!~ "~""" "~,, .... ,,~ . ...!; i." ",.~w;o. '. _~' . ''t-1 .... -",~"" "'4ISI"'.~ .,.; ". "!if" , '\ "', J!"'i:!:.,,., ''1: '" ~ ~" il . ~~ ' :' ' ' 'i. '~ " ~'" .... ','. .~ ~~~r .~l 10 ------------- "._~---------- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Source of Funds: NA Requested By: Account Number: NA Department: Planninl! Amount Budgeted: NA Report: ~Resolution: _Ordinance: Exhibits: Map- TS Erin Analysis SUMMARY City Council directed Staff to conduct a workshop to begin the process to analyze the issue of flooding in various locations in La Porte. The intent of this workshop is to outline some existing data reference the recent flooding events and to suggest some parameters that must be considered when forming both short and long term solutions. Attached as an exhibit, is a map that depicts current information regarding flood damaged homes and structures from Tropical Storm Erin. This information was compiled from reports by Harris County sources, City staff and citizens. The Creekmont, Glen Meadows, Brookglen and Fairmont Park East subdivisions as well as the Lomax area show definite patterns to the flooding that occurred. This will aid in efforts to focus on critical areas when considering possible steps to be taken. This workshop will center on Background Data, Design Standards and Street Flooding, the various causes of flooding as occurred this past month, the flood damage that occurred in La Porte associated with the Watersheds, and some possible short and long term actions. Short term measures include any steps that may be taken to maximize the efficiency of the storm drainage systems within their design and longer term solutions will require a multi-jurisdictional approach. Important to any future action plan is a coordinated effort with Harris County Precinct 2, Harris County Flood Control District and TXDOT. Any steps that may be taken within the City which have an impact upon the receiving ditches belonging to another jurisdiction must have corresponding measures taken downstream so as to avoid impacting another area. Action Required bv Council: 1. Receive the report by Staff. 2. Advise and Direct Staff to continue to work towards short and long term actions to maximize the efficiency and effectiveness of the storm drainage system with the City of La Porte. Approved for City Council Al!enda Date fie:; C{/ 0 ? ( ( c ~ F1e1;G8;OO ~ uul .\' L S F1fJ1:o.3;;OO Glen Meadows- 31 Homes/Structures ---' C~ ----. .:-====== ~ ~~~u~ u:;)~~;P Creekmont - 43 Homes/Structures . .' '.:".-'.- u...,t-~~g =; u" ~u.' l='" '" . fi!i Brookglen - 18 Homes/Structures - .--- '---1 _" ...1 ... _ I _: l-=-:"=-Jli:uiDwC4llt.iL::=: . ~--~. ........ -: . __/:;:. \- .'.!~:...~. - i /-1 -:; \ ei.;;=:-;- \ U - -- , I~- ~.. .. u"::' Fairmont Park East 'u' -iu . ~ Ho~~ctures , - .---. !- ~'-" J. 8106-0<'OO~- ;"'....~.. ~ ~~-~-~-: 1 ~-f;':;j~ t . ~ ~ ~ ~ ~J B1-16-00.:oo ~ ~ ~ Iii - ; c Iii I ( (; l \ '!.. " ~ "t, \ A10/~ \ It ... ~ 2 Legend Watershed Boundaries D Annand Boy'" c=J Clear C....k c:=I San Jacinto & Galveston Bay [=:J San Jacinto River - OnlnageChannels 1::1 Oly Umlts . Locations wI Flooded Homes/Structure, ) \ ) ~ g ~ ~ ~ 1II ~ > :ll m > 1II ~ .-- o "0 -e~ "'%.( "'~8 ~~c: "'~% '3.-nn tPr-t-4 "'Or- "O~ ~go ?%a t-J~~ Ot-4~ 0"'0 -...l~-o ~ ,...-- BACKGROUND o TROPICAL STORM (TS) ERIN WAS ON PAR WITH TROPICAL STORM (TS) AllISON IN INTENSITY OVER A SHORTER PERIOD BUT NOT TOTAL DURATION (TS AllISON 7.8"/3 HOURS; TS ERIN +9" /3 HOURS). BOTH BROKE THE lOO-YEAR EVENT o NEWER STORM DRAINAGE SYSTEMS IN lA PORTE (AND TYPICAL FOR THE HOUSTON REGION) ARE DESIGNED FOR THE 3-YEAR STORM EVENT o THE SUBDIVISIONS HARDEST HIT BY TS ERIN PRE- DATE THE CURRENT DESIGN/DETENTION REQUIREMENTS (E.G. CREEKMONT, BROOKGlEN, GLEN MEADOWS SECTS. 1-4, FAIRMONT PARK EAST (WEST OF DRIFTWOOD) STORM EVENT CURVES Exceedance Probability 500/0 (2-yr) 200/0 (5-yr) 100/0 (1 O-yr) 40/0 (25yr) 20/0 (50-yr) 1 % (1 OO-yr) 0.20/0 (500-yr) 1-hour 3-hour 6-hour 12-hour 24-hour 2-day 2 2.7 3.2 3.8 4.5 5.3 2.5 3.5 4.4 5.3 6.4 7.5 2.9 4.2 5.3 6.4 7.8 9 3.4 5.1 6.6 8 9.8 11.2 3.8 5.9 7.7 9.5 11.6 13.1 4.3 6.8 9.1 11.1 13.5 15.1 5.5 9.4 13.1 15.9 19.3 20.7 t CURRENT STORM SEWER/DITCH DESIGN o UNDER CURRENT DESIGN CRITERIA, DEVELOPMENTS ARE REQUIRED TO CONSTRUCT STORM SEWERS AND DITCHES TO ACCOMMODATE A 3-YEAR STORM EVENT o IN CONJUNCTION WITH THE STORM SEWERS (AND DITCHES), STREETS ARE DESIGNED AND CONSTRUCTED TO CONVEY STORM WATER OVER THE 3-YEAR CAPACITY TO DETENTION FACILITIES DESIGNED FOR THE 100-YEAR EVENT. o DEPENDING ON THE STORM EVENT EXCEEDING THE 3- YEAR DESIGN, STREETS ARE DESIGNED TO AND WILL FLOOD o THE OPTIMUM GOAL IS TO KEEP THE WATER FROM RESIDENCES AND STRUCTURES STREET, HOUSE AND STRUCTURE FLOODING o SUBDIVISION STORM SEWER OVERFLOW-STREET FLOODING o CHANNEL OVERFLOW o STREET AND OVERLAND FLOW o COMBINATION FLOODING ~.~ :;Xl 'l: z "f, r"I ~ ~ ~ ,- ~ ~ tI)~ ~~ ~b ~g -- ~"% -nG) b~ ~a ~ - ~ .... i f!1 - ~ o c ~ O~ ~O ~(I) %.~ t1\~ r- O~ ~C ~;Q ~tt\ b~ ~g o Z Gl \ - ~ z e; ,." o ::I: );>- Z Z m r J: o enC -fen ;em m)> mz -fe >(J) z-f o;e OC: <0 m-f ;ec r-;o >m z." or- .,,0 r-O 00 ~z C) , ~ ::0 i""1 q ;:0 I o I :;;: - / -...... - :t o c:. (/) om o~ ~o z~ ~~ o~ Zc fl~ 0..., glQ ZO Qo Z Q \ MAJOR CONCENTRATIONS OF FLOODING IN LA PORTE-TROPICAL STORM ERIN o CREEKMONT-43 STRUCTURES (ARMAND BAYOU WS) o GLEN MEADOWS-31 STRUCTURES (ARMAND BAYOU WS) o BROOKGLEN-18 STRUCTURES (ARMAND BAYOU WS) o FAIRMONT PARK WEST/CENTRAL-7 STRUCTURES (ARMAND BAYOU WS) o FAIRMONT PARK EAST (WEST OF DRIFTWOOD)-7 STRUCTURES (ARMAND BAYOU WS) o N. P STREET (LOMAX)-7 STRUCTURES (ARMAND BAYOU WS) o 151 REPORTED STRUCTURES/HOMES FLOODED: ESTIMATED TO DATE { MAJOR CONCENTRATIONS OF FLOODING IN LA PORTE-TROPICAL STORM ERIN (BASED ON INFORMATION TO DATE) o THE HIGHLIGHTED SUBDIVISIONS! AREAS REPRESENT 750/0 OF THE 151 STRUCTURES AND ARE IN THE ARMAND BAYOU WATERSHED o WE NEED YOUR REPORTS OF STRUCTURE FLOODING o BESIDES BEING IN THE ARMAND BAYOU WATERSHED, THE DEVELOPMENT APPROVALS FOR THESE SUBDIVISIONS (EXCEPT FAIRMONT PARK EAST [EAST OF DRIFTWOOD]) PREDATE CURRENT REQUIREMENTS FOR DETENTION CONCENTRATIONS OF FLOODING IN LA PORTE J [ 1_1 [-- C'rel?l,'Tlonl 4.) Hr)lnest::~lrudurec; . ." .,. , . ,0 . . .~ '...... ...-. '.....~ E\ro(tl'~~:llpn - 18 Hnnlf.?s/Slfuc!urf?S '. .' .,J, " . . .. '~ '\ """,, \ / >', Y ~,i', "'- \ Legend Watershed Boundarl.s r:=! Armand Bayou ~ r::::=l Clear Creek C~ San Jacinlo & Oalveslon Bay C-=:J San Jacinlo River "', '--i,~ C~, DlalnageChanm:!ls ClCllVurons ~ . I nr:lllnn<:wl Flnnrlprt Hnn,<><o:IS:lrlll'lllrp'1 I. .1 I ~ ';~~"~ ~', , /'- f-.......- """-,,,-'-Li~ ~,~ ------ _-~~'!2":l.D,.--~-.j....~_._-j VJ Glen Ml?ad0WS- 31 i HQIll,'sI8tIW:tUIQS '" .ks ...... . I' . ......... ,/ "I . ........ '""" \ I . '.......- -----. '-.,. -.. . -' , l \, \ Cl IX Cl II l;; "'i~ QL.._ I ,. ,-'-':"1 . FEll!lll(lnt Park East 't. . 71lo\l1Els/Stl\JttUI8S ,".' , " . ." WFA~TPKW: ~ _J~ I 1. ~ ~ lTI l> \ i .. '\. THE 400/0 RULE o LOT COVERAGE IS DEFINED AS ANY STRUCTURE UNDER ROOF o CALCULATIONS ARE BASED ON 2 FACTORS, PERCENT UNDER ROOF (400/0) AND TOTAL IMPERVIOUS COVER (550/0--Z0NING AND PICM) o THERE IS AN EXCEPTION GRANTED BY ORDINANCE AMENDMENT. UP TO 900 S.F. OF PATIO COVER AND UP TO 200 S.F. OF STORAGE SHED ARE EXEMPTED FROM THE CALCULATIONS OF LOT COVERAGE AS LONG AS THE 550/0 IMPERVIOUS COVER RULE IS INTACT ACTIONS SHORT TERM o BETWEEN JANUARY AND APRIL PUBLIC WORKS COMPLETED AN ANNUAL VISUAL INSPECTION AND CLEANING OF ALL STORM SEWER MANHOLES AND INLETS o THE STORM SEWER RUNNING ALONG FLEETWOOD [FAIRMONT PARK EAST] WAS LAMPED (VISUALLY INSPECTED) JULY 26, 2007 DURING ARE-INSPECTION o PUBLIC WORKS CREWS ARE CURRENTLY INSPECTING THE LATERAL LINES RUNNING FROM THE PERPENDICULAR STREETS INTO FLEETWOOD [FAIRMONT PARK EAST] o PUBLIC WORKS IS CURRENTLY WORKING ON A PROGRAM SCHEDULE TO INSPECT STORM SEWER SYSTEMS AREA-WIDE ACTIONS SHORT TERM o CURRENTLY INSPECTIONS ARE UNDERWAY TO ENSURE STRUCTURAL INTEGRITY OF STORM SEWER SYSTEMS AND OUTFALL STRUCTURES o ENGINEERING AND SURVEY CREWS WILL CROSS CHECK ELEVATIONS WITH CONSTRUCTION DRAWINGS TO CONFIRM GRADE DATA AND CONSTRUCTION OF FACILITIES o THE CITY IS CONDUCTING AN INVENTORY OF CRITICAL AREA SYSTEMS TO ENSURE MAXIMUM EFFICIENCY AND INLET CAPACITIES: INLET EXTENSIONS REPLACE MANHOLE COVERS WITH GRATES CURB LINE GRATES ACTIONS SHORT TERM o EXAMINATION OF THE T-BOX BY THE DRIFTWOOD DETENTION POND IN FAIRMONT PARK EAST FOR POSSIBLE REPLACEMENT OR MODIFICATION o MORE SCRUTINY ON STREET CLOSING REQUESTS FOR POTENTIAL USE AS DETENTION BASINS o DETERMINE INTERCEDING HIGHPOINTS IN CURB AND GUTTER .STREETS TO ANALYZE OPPORTUNITIES FOR RELIEF PIPING o CITY IS REVIEWING ACTIONS TO CLOSE FLOODED STREETS AND PREVENT VEHICLE WAKES FROM CAUSING HOME/STRUCTURE FLOODING ACTIONS SHORT TERM o REVIEW EXISTING REQUIREMENTS FOR DEVELOPMENT LESS THAN 3 ACRES TO CONSIDER RETURNING TO THE FORMER CRITERIA o CONTINUE TO COORDINATE WITH FEMA FOR SHORT TERM ASSISTANCE ACTIONS LONG TERM o INTER-JURISDICTIONAL COORDINATION (LA PORTE, HARRIS COUNTY PRECINCT 2, HCFCD AND STATE AND FEDERAL AGENCIES) o REVIEW OF ONGOING WATERSHED STUDIES (ARMAND BAYOU, CLEAR CREEK, SAN JACINTO AND GALVESTON BAY AND SAN JACINTO RIVER) WITH HCFCD TO COMBINE LOCAL SUBDIVISION IMPROVEMENTS (LA PORTE) WITH IMPROVEMENTS SPONSORED BY HCFCD o REVIEW THE EFFECT OF EXISTING CONDITIONS IN ARMAND BAYOU AND RELATED IMPACTS IN LA PORTE o DETERMINE EFFECTS OF CURRENT DETENTION POND CONSTRUCTION PLANS WITHIN THE ARMAND BAYOU WATERSHED AND THE SCHEDULE FOR THE PLANNED +236 ACRE REGIONAL DETENTION SYSTEM SOUTH OF FAIRMONT PARKWAY WITH HCFCD o COORDINATE EFFORTS WITH FEMA The Big Picture Disaster Assi stanc e · Response . · Recovery . 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