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HomeMy WebLinkAbout2008-09-08 Regular Meeting and Workshop Meeting of the La Porte City CouncilMINUTES OF A REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL SEPTEMBER 8, 2008 1. Call to order The meeting was called to order by Mayor Porter at 6.00 p.m. Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, and Georgia Malone. Members of Council absent: Ebow Members of City Executive Staff and City Employees Present: City Manager Ron Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief Kenith Adcox, Assistant City Manager John Joerns, Finance Director Michael Dolby, Director of Public Works Steve Gillett, Fire Chief Mike Boaze, Assistant Fire Chief Donald Ladd, Purchasing Manager Susan Kelley, Computer System Administrator James Janoch, Robin Eldridge Secretary III, EMS Chief Ray Nolen, Director of Parks & Recreation Stephen Barr, Director of Planning Tim Tietjens, and a number of other employees. Others present: Adam Yanelli of the Bayshore Sun, Dr. Bobbye Worsham, Patricia Clark, Ted Powell, Jim Zoller, Sally Legrend, Bob Capen, David Janda, Lavelle Lemonier, Hal Lawler, Colleen Hicks, Kathryn Aguilar, Dottie Kaminski and a number of citizens. 2. Dr. Bobbye Worsham of Second Baptist Church led the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. Presentations/ Proclamations There were none. 5. Consent Agenda A. Council to consider approving minutes of the Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council held on August 25, 2008 - M. Gillett B. Council to consider authorizing the City Manager to execute a contract with the Association of Bayport Companies for emergency medical services (Ord. 3107) — R. Nolen C. Council to consider awarding bid to Brooks Concrete for the City Wide Sidewalk In -fill and to establish construction contingency of $2,454.00 — T. Tietjens Minutes of Regular Meeting and Workshop Meeting September 8, 2008 2 Motion was made by Councilmember Engelken to table Item 6A on the consent agenda. Councilmember Black seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, and Porter. Nays: None Abstain: None Absent: Ebow Councilmember Malone had a question on Item C. Motion was made by Councilmember Engelken to approve the remainder of the consent agenda as presented. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, and Porter. Nays: None Abstain: None Absent: Ebow 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council Patricia Clark, 3817 Ashwood Circle — Ms. Clark noted concerns with Hotel Project at the intersection of Fairmont and Driftwood. She said that it appears to have been abandoned. She noted that there is no on -site security. She and many of the homeowners in her area would like to see this project finished. Kathryn Aguilar, 3119 Fondren — Ms. Aguilar noted ethics concerns with the City of La Porte, and said that the city needs to adopt an Ethics Policy. Additionally, she would like to see all contracts with the City of La Porte go through the competitive bidding process. The bid process should also be open to the public for review. Ted Powell, 1700 Roscoe — Mr. Powell noted ethics concerns regarding the City, and said that the city needs an Ethics Policy. He asked City Council to put an end to the Town Square Project. He also noted he visited the Pavilion at Sylvan Beach and noted many areas where extensive maintenance and repairs are needed. Jim Zoller, 907 Hackberry — Mr. Zoller spoke against the joint venture park, and voiced his concerns with the two day notice of the project, he said that wasn't enough time to allow residents to discuss. He said his subdivision would lose income by reducing the value of deed restrictions and the loss of homeowner's dues. 7. Council to consider approval or other action of a Resolution opposing any legislative action that would change existing sales tax laws from origin to destination -based sourcing (Res. 2008-10) — R. Bottoms City Manager Ron Bottoms presented summary and recommendations and answered Councils' questions. Minutes of Regular Meeting and Workshop Meeting September 8, 2008 3 Assistant City Attorney Clark Askins read Resolution 2008-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS SOLICITING SUPPORT FROM THE TEXAS MUNICIPAL LEAGUE FOR LEGISLATIVE ACTION TO PROTECT TEXAS MUNICIPALITIES' SALES TAX REVENUE BY MODIFYING TEXAS TAX CODE CHAPTER 321, MUNICIPAL SALES AND USE TAX ACT. Motion was made by Councilmember Engelken to approve Resolution 2008-10 as presented by Mr. Bottoms, Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, and Porter. Nays: None Abstain: None Absent: Ebow Council to consider approval or other action of an ordinance authorizing an Interlocal Agreement between the City of La Porte and the City of Shoreacres to operate a joint venture park located on Taylor Bayou (Ord. 3104) — S. Barr Parks and Recreation Director Stephen Barr presented summary and recommendation and answered Councils' questions. Bob Capen, 807 Oakleaf — spoke in favor joint venture park. Assistant City Attorney Clark Askins read ordinance 3104- AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR OPERATION OF JOINT NATURE BASED PARK ON TAYLOR BAYOU, ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Ordinance 3104 as presented by Mr. Barr. The motion died from lack of a second. Motion was made by Councilman Rigby to deny Ordinance 3104 as presented by Mr. Barr. Councilmember Black seconded the motion. The motion carried. Ayes: Rigby, Black, Clausen, Moser, Engelken and Porter Nays: Mosteit, Malone Abstain: None Absent: Ebow 9. Council to consider approval or other action of an ordinance authorizing an agreement between the City of La Porte and the City of Shoreacres for fire and emergency medical services (Ord. 3108) — D. Ladd Minutes of Regular Meeting and Workshop Meeting September 8, 2008 4 Assistant Fire Chief Donald Ladd presented summary and presentation and answered Councils' questions. Assistant City Attorney Clark Askins read ordinance 3108, AN ORDINANCE APPROVING AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR FIRE AND EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve Ordinance 3108 as presented by Mr. Ladd. Second by Councilmember Malone. The motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, and Porter Nays: None Abstain: None Absent: Ebow 10. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 7:08 p.m. City Council reviewed and discussed the paperless agenda recommendations from the City Secretary's Office and the I.T. Division. Council noted they would like all the back up released to the public website at the same time it is distributed to the Council. They directed staff to obtain laptops and docking stations. The laptops will be used during Council meetings and can be taken home by Council members if needed. The Council directed staff to move forward with this project. The City Secretary noted electrical installation in the Council Chambers will be the most time consuming. Mr. Janoch noted once the laptops are ordered they should arrive within two weeks. Staff noted they will begin the process with Executive Staff in October and once the bugs have been worked out will begin the process with Council. 11. Mayor Porter closed the Workshop Meeting and reconvened Regular Meeting at 7:22 p.m. 12. City Manager Ron Bottoms provided Administrative Reports for the following: A. La Porte Development Corporation Board Meeting — September 10, 2008 - 6: 00 p.m. B. Commissioner Garcia Black & White Ball - September 12, 2008 - 7:00 p.m. — 10:00 p.m. — Bay Area Community Center C. Drainage and Flooding Committee Meeting — September 15, 2008 — 5:00 p.m. D. Planning and Zoning Commission Meeting — September 18, 2008 — 6:00 p.m. E. City Council Meeting — September 22, 2008 — 6:00 p.m. Minutes of Regular Meeting and Workshop Meeting September 8, 2008 5 F. "Salute to Industry" Golf Tournament — September 24, 2008 (1 St tee time) 7:00 a.m. (2nd tee time) 11:00 a.m. — Bay Forest Golf Course G. 2008 Chamber of Commerce "Industry of the Year" (Lyondell-Basell) Banquet, September 25, 2008 — 6:30 p.m.- Sylvan Beach Pavilion In addition, Mr. Bottoms reported on the City's preparations for "Ike". 13. Council Comments- Malone, Engeeken, Engelken, Black, Clausen, Rigby and Mosteit 14. 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, DELBERATION 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) 15. 16 A. 551.072 (Deliberation regarding Real Property) B. 551.072 (Deliberation regarding Real Property) C. 551.072 (Deliberation regarding Real Property) Meet with City Manager and City Attorney to discuss Happy Harbor site Meet with City Manager and City Attorney to discuss the possible sale of real property Meet with City Manager and City Attorney to discuss an 80 acre tract on Bay Area Blvd. Council retired into Executive Session at 7:27 p.m. on September 8, 2008. Council returned to the Regular Meeting and Workshop Meeting at 8:08 p.m. Considerations and possible action on items in executive session. No action was taken There being no further business the Regular Meeting and Workshop Meeting was duly adjourned at 8:09 p.m. Respectfully submitted, Martha Gillett, TRMC, CMC Minutes of Regular Meeting and Workshop Meeting September 8, 2008 6 City Secretary Passed and approved on this 22nd day of September 2008. Mayor Alton E. Porter F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: M_ Gillett Department: City Secretary Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Exhibits Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Ordinance 1000-1-T if approved, would allow a new applicant to sell beer and/or wine at Bullritos No. 1, LLC. The City has processed the new application and it meets Code of Ordinance regulation on past due taxes, liens, municipal court fines, police investigation and inspections. It is recommended City Council approve 1000-1-T granting an alcohol permit to Bullritos No. 1, LLC Action Required by Council: approval of ordinance 1000-1-T ORDINANCE NO. 1000-1-T AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", SECTION 6-78, "LOCATION OF SALES] PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA IN THE CITY WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD IN ASSOCIATION WITH THE OPERATION OF A RESTAURANTy PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSEf FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy 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 105, 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 for on premises consumption in association with the operation of a restaurant, 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 for consumption on the premises in association with the operation of a restaurant at a location not 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, "Alcoholic Beverages", Article III, "Beer and Wine", Section 6-78, "Location of sales; permit", 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: 2617 Underwood Road La Porte, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 1, Underwood Plaza, Harris County, Texas PROPERTY OWNER: NAME OF APPLICANT: ADDRESS OF APPLICANT: TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Ybarra Investments, Inc. Bullritos No. 1, LLC 2617 Underwood Road La Porte, TX 77571 Bullritos Section 2. Chapter 6, "Alcoholic Beverages", Article III, "Beer and Wine", Section 6-78, "Location of sales; permit", shall be so amended by adding in proper numerical sequence, the following site description: 11(18) Lot 2, Block 1, Underwood Plaza" Section 3. 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 N 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: 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 Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and 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 4. 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 S. 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 3 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 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ay of ��6"el,--2008. ATTEST: Mar ha A. illett City Secretary APPROVED: Clark T. Askins Assistant City Attorney Y OF LA PORTE By: `✓�� Alton E. Portb r, Mayor 4 G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September(22, 2008, Requested By: Donald Ladd Department: Fore Report: Resolution: Ordinance: X Exhibits: Copy of POH/BCT Contract Exhibits: Ordinance Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal for a period of twelve months, in the amount of $1,303.88 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2008 with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal. The current contract expires on September 30, 2008. The submitted 2008-09 contract is based on a POH/BCT population of 1,360 Total annually $15,646.52 The Port of Houston Authority will vote in September, 2008 to approve this new 2008-09 contract. Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Required by Council: ove an Ordinance authorizing the City Manager to execute a contract with the Port of ou on Authority for the City of La Porte Fire Department. Ron BottomS!City Manager ORDINANCE NO. 2 0 0 8 - 3113 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 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. ORDINANCE NO. 2008- .,3(/,3 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 22nd day of September, 2008 C Y OF LA(� P By: 261- Alton E. Porter, Mayor ATTEST: Martha A. Gil ett, City Secretary APPROVE K x W. Askins, City Attorne 2 fVllw H /c /vo coo 6 - os 71-f STATE OF TEXAS § CONTRACT KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT". WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows; I. For and during the year beginning on the 1 t day of October 2008, and ending on the 31 st day of September 2009, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after October 31, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE eleven monthly payments in the sum of ONE THOUSAND THREE HUNDRED THREE AND 88/100 DOLLARS ($1303.88) and one final payment of ONE THOUSAND THREE HUNDRED THREE AND 84/100 DOLLARS ($1303.84) . Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is not to exceed the amount of FIFTEEN THOUSAND SIX HUNDRED FORTY-SIX AND 52/100 DOLLARS ($15,646.52). ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing October 1, 2009. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE' S equipment damaged or destroyed while engaged in fire suppression services on behalf of PORT hereunder. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this Contract, upon the terms and conditions herein contained, when in the judgment of PORT employees, such service is necessary to deal with a specific emergency. V. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT' S Barbour's Cut Terminal, with a member of the PORT' S management or marine operations present. Additionally, during calls for assistance, LA PORTE will determine safe operation areas on Port property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTS' S personnel and equipment. LIM This Contract shall become effective at 12 am Central Time, on the I' day of October 2008, and shall remain in full force and effect until the 30th day of September 2009, unless otherwise cancelled as provided in Paragraph I above. This Contract is entered into subject to the Charter and Ordinances of the City of LA PORTE and all applicable State and Federal Laws. DUPLICATE ORIGINALS, as of this the a4W day ATTEST: APPROVED AS TO FORM: ounsel FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor PORT OF HOUSTON AUTHORITY r� GAS By-, Executive Director to-o 3 _ ©S APPROVED: ire , .r " Operations H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Donald Ladd Department: Fir'. Report: Resolution: Ordinance: X Exhibits: Copy of Morgan's Point Contract Exhibits: Ordinance Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated a new contract with the City of Morgan's Point for Emergency 911 dispatch, jail, Fire Protection, and Emergency Medical Service. for a period of thirty-six months, in the amount of $3,697.01 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2008 with the city of Morgan's Point The current contract expires on September 30, 2008. Recommend that council approve the City Manager to execute the new contract. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the City of 24bKgan's Point for Emergency Dispatch, Jail, Fire Protection, and Emergency Medical Service. Ron BottA Xrty Manager ORDINANCE NO. 2008-,/q AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGANCY 911 DISPATCH, JAIL, FIRE PROTECTION, AND EMERGANCY MEDICAL SERVICE, 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 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. ORDINANCE NO. 2008 `1-t 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 22nd day of September, 2008 Y OF LA PORT By. I Alton E. Porter, Mayor ATT T: '�� &&al Martha . Gillett, City Secretary A?QV . 1/�� Knox W. Askins,/City Attorne 9 ri REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Department: FMC Report: Resolution: Ordinance: X Exhibits: Copy of POH/BCT Contract Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUN04ARY & RECOMMENDATION The Ciih- has negotiated a new contract with the Port of Houston Authority for Emergence Medical Service at the Barbour's Cut Terminal for a period of twelve months. in the amount of $2.288.20 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1.2008 with the Port of Houston Authority for Emergency Medical Sen-ice at the Barbour's Cut Terminal. The current contract expires on September 30. 2008. The submitted 2008-09 contract is based on a POH/BCT population of 1.360 employees at $20.19 per employee — Total annually $27.458.40 The Port of Houston Authority will vote in September. 2008 to approve this new 2008-09 contract. Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Reguired by Council: Ap ove an Ordinance authorizing the City Manager to execute a contract with the Port of ust n Authority for the City of La Porte EMS. C� / I � la� ORDINANCE NO. 2008- 3 t / S- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, 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 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. ORDINANCE NO. 2008-J1/5-�-- 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 22nd day of September, 2008 C OF LA POR By: Alton E. Porter, Mayor ATTEST: Ma t a A. Gillet , City Secretary APPROVE : 6�za -/— r K ox skins, City Attorney pis REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Se tember 2 08 Requested By: Tim Tietiens Department: Planning Report: X Resolution: Ordinance:_X_ Attachments: Ordinance w/exhibits A-F P&Z Staff Report Aerial Map Site Plan Public Notice Responses SUMMARY Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA Amount Requested: NA Budget Item: NA The Planning and Zoning Commission, during its August 21, 2008, regular meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #08-007. Craig Puccetti, on behalf of the Chairman Parsons Group, seeks approval of Special Conditional Use Permit (SCUP) for constructing a building addition of 41 units to the current assisted living facility known as Parsons House, formerly Fairmont House. The subject property is located at 8727 Fairmont Parkway near Brookglen Subdivision. The property is currently zoned Medium -Density Residential (R-2). Per Section 106-331, Table A, Residential Uses, group care facilities with SIC #8361 are not permitted in R-2 zoning districts. Previous development was permitted as Intra-district P.U.D. created within the Medium Density Residential (R-2) zoning district, other than Planned Unit Development (PUD) zone. As per provision of the previous Special Conditional Use Permit #SCU96-001 issued for this facility, additional development is subject to a new Special Conditional Use Permit from the City. In addition, all density patterns shall not exceed that of R-2 zoning district. Parsons House, an assisted living facility was established in 1997. The current facility has 60 units. The developer wants to construct 41additional units to this facility. During the public hearing, the developer's team made a presentation and highlighted special features of this facility. Nature of the facility is described as a group of individuals not related by blood, marriage, adoption or guardianship living together in a separate dwelling unit under a common housekeeping, kitchen, and other amenities management by professionals. This is commercial in nature and may not be compared to any multi -family residential developments typical for R-2 and R-3 zoning districts. Current density equals 10.64 units per acre, close to 10 units per acre permitted for R-2 uses established by the Code of Ordinances. With additional 41 units, net density would be 17.91 units per acre exceeding 10 and 14 dwellings units permitted in R-2 and R-3 zoning districts respectively. Special terms and conditions of the previous SCUP are that PUD would be limited to a single story residential development. In addition, all density patterns shall not exceed that of R-2 zoning district. Based on the previous determination, it already topped the density standard but at the same time, it offers that any development beyond the current development shall require a separate Special Conditional Use Permit. The facility has on -site detention located just north of the current assisted living center. The addition is proposed at the site of the present detention system and the detention basin will be moved further north of the facility. This project would add a significant amount of storm water runoff due to an increase in impervious coverage. Special attention must be given to the impacts of storm water runoff effects to the residential subdivision adjacent to the facility. The responses received from the neighboring properties and discussion during the public hearing was about drainage issues. However, drainage plan and detailed construction drawings have not been submitted for this project. In addition, Harris County Flood Control District (HCFCD) approval shall be required for overall detention of the facility. The primary access will remain the same as it is along Fairmont Parkway. Preliminary site plan shows additional parking to serve this building addition. Parking spaces should be adequate to support this new facility. The proposed addition would also be compatible with the existing building and is subject to exterior building design standards of the City of La Porte. Upon approval of the Special Conditional Use Permit, the applicant would be authorized to submit a certified site plan and building plans for the proposed development. Once the plans are approved by the City and Harris County Flood Control District (HCFCD) for drainage, the building permit will be issued for the new facility. Staff has found the request satisfies all applicable ordinance requirements. The property is surrounded by low -density residential development and few vacant parcels of land along Fairmont Parkway. The land use plan shows this area developing as residential and parcels along Fairmont Parkway as commercial uses. The facility would be compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of those properties. Public Notices were mailed to the forty-one (41) property owners in the area. Three responses (1 undecided, 2 opposed) were received. The Planning and Zoning Commission, by unanimous vote, recommended City Council approval of Special Conditional Use Permit #SCU08-007 with the conditions as listed in the SCUP attached herewith. Action Required by Council: 1. Conduct a Public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use L Permit #SCU08-007 for proposed addition to Parsons House located at 8727 Fairmont Parkway. ADOWOMIJOIr %_1 w:ouncu a enua 1AV� Ron Bottoms, City Manager Date v ORDINANCE NO. 1501- 1 G, 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 #SCU08-007 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: DESCRIBED AS 5.637 ACRE TRACT OUT OF W. M. JONES SURVEY, ABSTRACT NO. 482, LA PORTE, HARRIS COUNTY, TEXAS, FOR ADDITIONAL 41 UNITS TO EXISTING SENIOR CITIZEN ASSISTED LIVING FACILITY LOCATED AT 8727 FAIRMONT PARKWAY, WITHIN THE MEDIUM DENSITY RESIDENTIAL (R-2) 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 21St day of August, 2008, 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 August 21, 2008, 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 28th day of August, 2008, 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- 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 22Id day of September, 2008, 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 "D", 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: Texas". 5.637 acre tract out of W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, "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- 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 thec7yday of , 2008. CITY PORTE ALTON PORTER, Mayor ATTEST: B: MA THA GILLETT, City Secretary APPROV D: By: CLARK ASKINS, Assistant City Attorney #SCU08-007 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 21" day of August, 2008, 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 #SCU08-007, for a 5.637 acre tract out of the W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The Parsons Group seeks approval of Special Conditional Use Permit for a proposed addition to the Parson House, a senior citizen assisted living center located at 8727 Fairmont Parkway. 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 Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. EXHIBIT �; Before me, the undersigned authority, on this date came and appeared Adam Yanelli, a duly authorized representative of The Bay, shore Sun, a semi -weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after being duly sworn, swears the attached notice was published in The Bayshgfe Syopted 813108 Sworn and subscribed before me this August ,2008_ Notary Public Harris County, Texas My Commission Exprires 03-1 3-201 2 1�1111111iftIfH111f11f1ifUfItIN111111t11111{4 2bs�a, DEBORAH SUE STOUT L NOTARY PUBLIC = STATE OF TEXAS �T'TfoftE+� Comm. Exp. 03-13-2012 = ll�ttl)ttil{IttIt111Nt111111tRttNi111t1►1tltNtllf{`I 6th day of EXH[BI7 -8 City of La Porte Established 1892 August 28, 2008 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU08-007 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 21, 2008, considered Special Conditional Use Permit Request #SCU08-007. Craig Puccetti, on behalf of Parsons Group, seeks approval for a proposed building addition to the senior citizen assisted living facility located at 8727 Fairmont Parkway. The Planning and Zoning Commission, by a unanimous vote, recommends that City Council consider approval of Special Conditional Use Permit #08-007 with the following conditions in place: 1. This Special Conditional Use Permit is specifically limited for an additional 41 units facility at 8727 Fairmont Parkway. 2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total of more than 101 units on the site. 3. The use of this property is limited to senior citizen "assisted living center" as defined in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. 4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval. 5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre. 6. A development site plan shall be reviewed and approved by the City prior to any construction at site. 7. Internal access to the northern portion of the tract shall be provided for by provision of a private street (min. 24' wide). 8. Adequate provisions are made for fire protection and other utility services to additional building. 9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and west sides of the building. 10. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 11. Any new signage requires a separate sign permit from the City. 12. The roofed -over structures on the property shall not accumulatively exceed the current lot coverage or maximum (75%). 13. Height of the building shall not exceed 23 ft. with cupola. 14. Exterior building design standards shall be approved by the City. 15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and west of the perimeter adjacent to the residential zoned properties. 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 EMM, 16. Provide landscape buffer along east side of the facility as well. 17. Landscaping shall be maintained by the owner/developer. 18. On and off -site drainage whether existing or planned shall have a net zero effect for stormwater runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont Parkway. 19. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully Submitted, Hal Lawler Chairman, Planning and Zoning Commission c: Ron Bottoms, City Manager John Joerns, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission #SCU08-007 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 22"d day of September, 2008, 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 #SCU08-007, for a 5.637 acre tract out of the W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The Parsons Group seeks approval of Special Conditional Use Permit for a proposed addition to the Parson House, a senior citizen assisted living center located at 8727 Fairmont Parkway. 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 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 Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. rr,. p a 820 S. 8th Street Porte, Texas 77571 City of La Porte County of Harris State of Texas '.ivr-visa Tho 281-471-1234 Fax 281-471-5763 .V~p 79Q7' RE: PUBLIC NOTICE CITY OF LA PORTE SCU08-007 Before me, the undersigned authority, on this date came and appeared Adam Yanelli, a duly authorized representative of The Bayshore Sun, a semi -weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after being duly sworn, swears the attached notice was published in The Bayshore Summated 9 Z 7 / 08 itor/Publisher Sworn and subscribed before me this 9th day of September 2008. Notary Public Harris County, Texas My Commission Exprires o3-13-2o12 UI1111111111111111111IIIIII III) I11i1r11111t1111111Uf Z 2�S hRY PUg�n DEBORAH SUE STOUT NOTARY PUBLIC * STATE OF TEXAS Comm. Exp. 03-13-2012 iflululuunnlllnllllnn11111111111111nu11tt+► X DWIBIT Fr Staff Report August 21, 2008 Parsons House Special Conditional Use Permit #08-007 Request: Special Conditional Use Permit Request #08-007 Requested By: Craig Puccetti on behalf of Bob Parsons, Chairman Parsons Group Requested For: A 5.637 acre tract of property out of the W. M. Jones survey, Abstract No.482, La Porte, Harris County, Texas. The property is located at 8727 Fairmont Parkway. Present Zoning: Medium Density Residential (R-2) Requested Use: Applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of constructing a building addition of 41 dwelling units to the current assisted living facility which contains 60 dwelling units located at 8727 Fairmont Parkway. Background: Applicant is working towards developing a development site plan for a proposed addition to the existing facility known as Parsons House (formerly Fairmont House). The current assisted living facility contains 60 dwelling units and Parsons Group is proposing an additional 41 units and other associated internal services that are required to support the growth of the facility. The addition is being proposed in order to increase the facility's capacity to house the growing population of the senior citizens. The Planning and Zoning Commission, at its February 15, 1996, meeting, conducted a public hearing for the purpose of receiving citizen comments regarding Special Conditional Use Permit Request #SCU96-001, for the first phase of the development. After receiving comments and questions, the Commission suspended the hearing with an intention of reopening it at the next meeting. At the March 21, 1996, meeting, the request was brought in an amended form. It was presented as an Intra-District P.U.D. As such, it required a Special Conditional Use Permit. The need for rezoning, however, was eliminated. A Special Conditional Use Permit was approved with the following additional conditions: 1. Any development beyond the presented plan shall require a separate Special Conditional Use Permit. 2. No changes, or amendments shall be made to the recorded site plan and covenants without first obtaining authorization from the City of La Porte. 3. It should be noted in the Special Conditional Use Permit and in the deed covenants that the use of this property is limited to a 61 unit "senior citizen" assisted living center, as defined in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. Parsons House SCU08-007 Page 2 of 5 Analysis: Staff had determined that an intra-district P.U.D. is simply a Planned Unit Development located in a district zoned something other than P.U.D. When considering an intra-district P.U.D., adherence to performance standards was one of the primary concerns. Using the subject request as an example, the facility has an assigned SIC Code #8361. This use is listed as conditional in High Density Residential (R- 3) zones and not permitted in R-2 zoning districts. However, the tract in question is zoned Medium Density Residential (R-2). As an intra-district P.U.D., the issue was not whether the use is allowed in an R-2 zone, but rather, will the specific facility conform with performance standards applicable within R-2 zones. In addition to performance standards there are a number of development standards that are specified by the Code of Ordinances. Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: • That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. • That the conditions placed on such use, as specified in each district, have been met by the applicant. • That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. Land Use — Review of the City's Land Use Plan shows the subject tract is envisioned as developing for residential uses. The property is abutting a residential subdivision (Brookglen) in the rear and a commercial tract to the west along Fairmont Parkway. The proposed use should have minimal impact on the surrounding properties. Roadways — The tract in question has primary access along Fairmont Parkway. The transportation system should adequately accommodate through traffic and continue to provide for free flow of people, goods and services. There will be no new driveway added to this facility. The traffic flow within and between neighborhoods and throughout the community should not be affected by the proposed development. Internal roadways within the project area have an improved surface to twenty four feet in width and are designed to permit the City fire trucks to provide protection to each building. No portion of this required twenty four feet fire lane may be used in calculating required off-street parking space or be used for parking. Parsons House SCU08-007 Page 3 of 5 Topography — This area is relatively flat and stable and should not be an obstacle to this type of development. Density — Based on the current 60 units of the facility and 5.637 acres available, the overall density equals 10.64 units per acre. This is close to the 10 unit per acre limit established for quadraplex, townhomes, one of the highest densities permitted for R-2 uses. The additional 41 units constructed on the undeveloped portion of the tract would significantly impact overall density. The net density would be 17.91 units per acre exceeding the current 10 dwelling units per acre for R-2 uses and 14 DU/A permitted for multi- family development in R-3 zoning districts. Staff s research shows that the neighboring cities use criteria of 18-20 dwelling units per acre for any type of housing for senior citizen that is rent controlled or rental housing units. In this case, the owner/builder may request a density allowance to be approved by the Commission and City Council. Utilities and Drainage — The proposed project shall be served by the City water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Potable water is readily available. Water line extension shall be required for the purpose of providing internal fire protection to the proposed addition. This extension must run north from the existing valve and will have one or more fire hydrants installed on the line in compliance with the current fire codes. The water line and fire hydrants must be located within a 10' wide dedicated utility easement along the eastern property line. Sanitary sewer is also available to the property from the adjacent Brookglen Subdivision. The capacity of an existing service has been field verified by the Public Works Department. As proposed, sewer demand from the facility may impact the ability to provide service to future residential development in the area specifically to the east of the subject tract. The facility has on -site detention located just north of the current assisted living center. The addition is proposed at the site of the present detention system, the detention basin is planned to move further north of the facility. This project would add a significant amount of storm runoff due to an increase in impervious cover (pavement). Particular attention must be given to the impacts of storm water runoff effects to the residential subdivision to the north. Storm water management techniques and proper maintenance of the detention system is suggested. In addition, Harris County Flood Control District (HCFCD) approval shall be required for overall detention of the facility. Parsons House SCU08-007 Page 4 of 5 Landscaping & Screening — Conceptually, the proposed development appears to be compatible with the existing land uses. However, landscaping and screening of the parking areas from the abutting residential shall be required in compliance with Section 106-444(a) of the Code of Ordinances. Parking - If approved, the building and parking lot should comply with all applicable zoning regulations. Striping of the existing and proposed parking lot shall be required. The City's design standard per Section 106-835 of the Code of Ordinances shall be applicable for standard and accessible parking space size, and maneuvering aisle width. The location of handicap parking spaces should be appropriate. Access from the adjoining parking lot to the new building should be reasonable. Conclusion & Recommendations: This application for a Special Conditional Use Permit does not comply with the ordinance requirements. The Commission needs to review and carefully determine if the originally imposed conditions of the intra-district P.U.D. should still be applicable in this case. In addition, performance standards, e.g. density intensity in R-2 zone, and drainage are concerns and will remain outstanding issues. If the Planning and Zoning Commission wishes to consider approval of this Special Conditional Use Permit request, staff recommends the following conditions as a minimum be considered: 1. This Special Conditional Use Permit is specifically limited for an additional 41 unit facility at 8727 Fairmont Parkway. 2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total of more than 101 units on the site. 3. The use of this property is limited to senior citizen "assisted living center" as defined in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. 4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval. 5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre. 6. A development site plan shall be reviewed and approved by the City prior to any construction at site. 7. Internal access to the northern portion of the tract shall be provided for by provision of a private street (min. 24' wide). 8. Adequate provisions are made for fire protection and other utility services to additional building. 9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and west sides of the building. 10. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 11. Any new signage requires a separate sign permit from the City. 12. The roofed -over structures on the property shall not accumulatively exceed the current lot coverage or maximum (75%). Parsons House SCU08-007 Page 5 of 5 13. Height of the building shall be the same as existing one. 14. Exterior building design standards shall be approved by the City. 15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and west of the perimeter adjacent to the residential zoned properties. 16. Provide landscape buffer along east side of the facility as well. 17. Landscaping shall be maintained by the owner/developer. 18. On and off -site drainage whether existing or planned shall have a net zero effect for stormwater runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont Parkway. 19. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission: • Recommend to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. • Table the item for further consideration by the Commission. A recommendation from the Commission on this Special Conditional Use Permit will be forwarded to City Council for final consideration. I i ISITE PLAN _ LAWRENCE GROUP !,�arme R I.uY >I9 WbfeLsei tln YM ln�K11KK OVKc Avn Bop 39 V. N0vo4 San evpc,g9]I01 Wnlol hvb lwn NshK OtyuFYc c.K.n,K s":n wr�iuvw� lnlmN W fuh ME PLAN W319L01 A cw J7 0 1 A Meeting of the La Porte _ Planning & Zoning Commission _ (Type of Meeting) Scheduled for AUG 2 0 2008 v ` August 21, Zoos (Date of Meeting) to Consider Special Conditional Use Permit#SCU08-007 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons`: s 38 1 Ixzooi4 t Address City, tate, Zip AUG 2 U %0IG3 i IBY A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for August 21, 2008 (Date of Meeting) to Consider Special Conditional Use Permit#SCU08-007 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: A f n A _ k n c Y , / , A t Name (please print) G-0 ig&vt� F Signature r Address i S5 p City, State, Zip f _� m A Meeting of the La Porte lanning & Zoning Commission (Type of Meeting) Scheduled for August 21, 2008 (Date of Meeting) to Consider Special Conditional Use Permit#SCU08-007 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: AUG 212008 7NC'Eea0e tN SUBbjVtA0r0 'OOM NoT b=Ala W&Lj_ -Nj&jCr NfAyy FAWSTokmc, IMS MRKES IT V V4-254CtAt r `(D -rRAV& FRor-t OUR Notitt2 oN aRe-+4hRb. LAOU -n FAI(?A0AW'{AQIC0Pd ip* AdypimooAi. `dy6> A"f tN u'A,Nb`ruts peop*rb ftrs► w ►v yNg f F&Dj WOVKC WJ. oNZg 00kc-F `rj4r 'D8q)1JA6,G S,Tu4-000• -bAN19L f r'`'IA zai Name (please print) Signature Address L (%P:r, l X 7751 l City, State, Zip 9/10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Tim Tietiens Department: Planning Report: X Resolution: Ordinance: X Exhibits: Ordinance w/exhibits A-F P&Z Staff Report Aerial Map Public Notice Responses Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes No SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its August 21, 2008, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU08-006. The request, submitted by Brent Heckendom c/o Allen & Kerber Auto Supply (NAPA Auto Parts), seeks approval of Special Conditional Use Permit (SCUP) for an off -site parking for primary business located at 518 West Main Street. Off -site parking is classified as a conditional use per Section 106-441; Table A, Commercial Uses, Chapter 106 of the Code of Ordinances. Allen & Kerber Auto Supply has been in business in La Porte for over twenty years. The nature of business pertains to supply automotive parts and services to the general public and other businesses in the area. Over the past years, the number of employees increased with the tremendous growth of business. Parking has remained a concern for this facility. There are numerous times when private vehicles are parked along the shoulders of N. 5th Street within the public right-of-way. The owner has purchased this property to provide parking for its employees. Off -site parking will serve as auxiliary parking and will help alleviate parking problems associated with the business. In addition, there is no other reasonable site available nearby. The proposed location for off -site parking is within 300 feet of the principal building. The parking lot will be constructed in accordance with City's standard specifications. Landscaping and screening shall be required as per Section 106-444(a) of the Code of Ordinances of the City. Recently, the owner has constructed an additional building at 516 West Main Street. Architectural Design Standards for the Main Street were not in place at the time of plan approval. Staff discussed this matter with the owner and he agreed to apply masonry products to the front of the newly constructed building. Staff included this as a condition of the requested Special Conditional Use Permit. After receiving citizen input and discussion on the upcoming Main Street Architectural Design Standards, the Commission deleted a condition #5 from the SCUP. Nine (9) notices of public hearing were mailed to neighboring property owners. Two responses were received in favor of the SCUP. The Planning and Zoning Commission, by a 5-2 vote, recommends City Council approval of Special Conditional Use Permit #SCU08-006 with the conditions listed (omitting #5) in the SCUP. C nduct public hearing. C41sider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #S U08-006 for off -site parking for business located at 518 West Main Street. Council Ron Bottoms, City Manager ORDINANCE NO. 1501- K 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 #SCU08-006 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: BEING 0.35 ACRE PARCEL OF LAND DESCRIBED AS LOTS 24-29, BLOCK 55, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT NO. 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR OFF -SITE PARKING IN THE MAIN STREET DISTRICT (MSD) 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 21St day of August, 2008, 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 August 21, 2008, 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 28th day of August, 2008, 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 1j,,�'(Je 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 22"d day of September, 2008, 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 "D", 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: 0.35 acre parcel of land, described as Lots 24-29, Block 55, Town of La Porte, Johnson Hunter Survey, Abstract No. 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- �O 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 thep9M day o6�1—, 2008. CITY LA PORTS q By:� ALTON PORTER, Mayor ATTE T: By: JJ-2�, J9�a A PHA GILLETT, City Secretary APPROVED: By. CLARK ASKINS, Assistant City Attorney #SCU08-006 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 215t day of August, 2008, 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 #SCU08-006, which has been requested for a 0.35 acre tract, described as lots 24-29, Block 55, Town of LaPorte, Volume 83, Page 345, Harris County Deed Records, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Brent Heckendorn c/o Allen & Kerber Auto Supply, is seeking approval of a permit for the development of an off -site parking lot for the auto parts store. Off -site parking is classified as a conditional use in the Main Street District (MSD) zone. 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 Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. I Ht' [Al C Vr I. C/WJ COUNTY OF,HARRI CITY OF LA PRT OS -J H IN ' LIC _ 820 S. 8th Street fi =,d�,ce ;� ;.�tPortv7e, Texas 77571 o Section of Code ` of Ordl. f e City of La _PQr{e, an the prom signs of the exas Local ',GOV"ment de, rights, is"'"'g n that `the La { Porte arming and, j Zomno<_. Co Isslo.rh e will 281-471-1234 Fax 281-471-5763 re Sun of 'Serving The Bat area Since 1947' est < 'ur-RE: PUBLIC NOTICE to ity of La Porte CITY OF LA PORTE 66, SCU08-006 ounty of Harris - crei"ate of Texas Page -Harris County , fore me, the undersigned authority, on this date came and peed rds Johnson t' Hunter. " u7eY Abst :,geared Adam Yanelli, a duly authorized representative of The b 35 `. Porte Harris - county Texas ? Brent yshore Sun, a semi -week) newspaper ublished and generally `� Hecicend !.rJo . Alien & Yp g Y Kerber o Supply, s tributed in the City of La Porte Harris County Texas and who seeking . roval of a ;per- , �mii`for deve7opmenf 0f. er being duly sworn swears the attached notice was published in �' an offs p3dcing lot for , 4 the; a ,parts .store. Off -site rking is c(assi=e Bayshore Su d e 8 / 3 / 0 a fledconditional ;,use A ral Commercial Jj (GC) zon 401m, p meeting' of the `j PIiI. and Zoning.'' Commis will follow' the pu hearing.,;,for Elie la Y Ili - itor/Publisher ,purpose of acting .upon the•"ng ms pu c ;heari,'ite and 'to onduct other :mat- ` ters irng to; the _; Commf Cdiien wishing to � ad 'I dress the`', Co Mission,ii pro; con during Public Hearing will corn and subscribed before me this 6th -quired to ,sign In 'before day of theeting is convened.JU S e mt ' moo p G U Notary Public Harris County, Texas My Commission Exprires 03-1 3-201 2 �parnrnrrnrnrnrrrrtntnrnttnrrfrt=;t:,t=<;; `" ` t�LORAH SUE J; OW i NOTARY PUBLIC _ * _ 's `* STATE OF TEXAS j'TEOF«+�s COMM. Exp. 03-13-2012 rV 1 �IltlUitUIIRr11IrlURIIrIrNfriilllllllrrllrlrl�l 1 City of La Porte Established 1892 TEXAS August 28, 2008 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU08-006 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 21, 2008, considered Special Conditional Use Permit Request #SCU08-006. Brent Heckendorn, for Allen & Kerber Auto Supply, seeks approval to allow off -site parking for the existing business located at 518 West Main Street. The Planning and Zoning Commission, by a 5-2 vote, recommends that City Council consider approval of Special Conditional Use Permit #08-006 with the following conditions in place: 1. This Special Conditional Use Permit is specifically for off -site parking. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off -site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 5. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully Submitted, Hal Lawler Chairman, Planning and Zoning Commission Ron Bottoms, City Manager John Joerns, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission EXN1BiT G 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 #SCU08-006 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 22"d day of September, 2008, 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 #SCU08-006, which has been requested for a 0.35 acre tract, described as lots 24-29, Block 55, Town of LaPorte, Volume 83, Page 345, Harris County Deed Records, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Brent Heckendorn c/o Allen & Kerber Auto Supply, is seeking approval of a permit for the development of an off -site parking lot for the auto parts store. Off -site parking is classified as a conditional use in the Main Street District (MSD) zone. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, 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 Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ot"AMBIT a` COUNTY OF HARRIS CITY OF LA PORTE OF PUBLIC HEARING ' S. 8th Street e ` With the''rte Texas 77571 ro i s of ction �* i tof the a1pari., and ;th io: of, , he Tex Government Code is hereby ;given h -La Porte City C n conduct ' a publ' at %6:00 PM: -,o 'th day 'of Septe` r, in the ` : Counci Cha of the City , H 604 ity of e provi- LocaI notice'I at ; the cil will hearing 22nd 2008,=Y M1;tioM Fairmont P ay, I- Porte _Texas: The. pur- pose ,of, this earing is to consider, ''- S ial Condi- tional `Use 'Permit Re-Df I a Porte L quesf, #SCU08-006, , quest !o been;ity of Harris nested' for -a" ' 0.35 acre tract ::des ed 'as 'lots ` of Texas 24 29, „Blo 55, Town of Hunter 35 .._ County; -Hecken "tCEdief- "seekg mit for an _ off - the Off -site tied 'as in the i (MOP) �x .ve C! ens d ss t' n ,d ann9 sign An. i toner 281-471-1234 Fax 281-471-5763 Since 1947' RE: PUBLIC NOTICE CITY OF LA PORTE SCU08-006 •e me, the undersigned authority, on this date came and ared Adam Yanelli, a duly authorized representative of The )ore Sun, a semi -weekly newspaper published and generally )uted in the City of La Porte, Harris County, Texas and who being duly sworn, swears the attached notice was published in 3ayshore SunAated 917/08 i-Editor/Publisher =wvVrn and subscribed before me this September 12008. Notary Public Harris County, Texas My Commission Exprires 03-1 3-201 2 9th day of Oi118111111t111It1lIt111191111U111111Itllllllllllllll ' DEBORAH SUE STOUT E RAHIBIT * # NOTARY PUBLIC STATE OF TEXAS Comm. Exp. 03-13-2012 tTilltlliiltltltiii9lllltllliltllllllllltlillliltllltl Staff Report Off -Site Parking August 21, 2008 Allen & Kerber Auto Supply Special Conditional Use Permit #08-006 Request: Consideration of Special Conditional Use Permit Request #SCU08-006 Requested By: Allen & Kerber Auto Supply c/o Brent Heckendorn Requested For: Approximately 0.35 acre tract of land described as lots 24-29, Block 55, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The primary facility is located at 518 W. Main Street. Present Zoning: Main Street District (MSD) Requested Use: The applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of allowing construction of an off -site parking lot for use by employees at Allen & Kerber Auto Supply. Off -site parking is classified as a conditional use per Section 106-441, Table A, Commercial Uses of the Code of Ordinance (Chapter 106). Background: Allen & Kerber Auto Supply (NAPA Auto Parts) has been in business over twenty years in La Porte. The nature of business pertains to the retail of auto parts, accessories, and other supplies. Over the past years, a number of employees increased with the tremendous growth of business. Limited parking is available at this business. It is staff s opinion that appropriate parking should be provided to keep vehicles from parking on the sides of the streets in the Main Street District. The applicant owns this property and has decided to provide parking for its employees and other workers at this facility. Off -site parking will serve as auxiliary parking and will help to alleviate parking problems associated with this development. Analysis: The Code of Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: • That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. • That the conditions placed on such use, as specified in each district, have been met by the applicant. • That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. The tract intended for a parking area is across the street from the auto parts store. In addition, there is no reasonable location on the existing site and surrounding area to provide off -site parking. Off -site Parking SCU08-006 Page 2 of 2 Section 106-444, Special Use Performance Standards for off -site parking addresses the following issues pertaining to the subject use within a commercial zone. • Such off -site parking shall comply with all parking standards stated in the Code of Ordinances and the Public Improvement Criteria Manual. • Reasonable access from an off -site parking facility to the use served shall be provided. • In addition, off -site parking shall be within 300 feet of the use served. • Should have good access to secondary and primary streets. As proposed, 34'x125' (4,250 sq. ft.) of concrete parking lot shall be constructed with concrete with no fence around the property. Access from off -site parking to the main building appears to be reasonable. It will benefit the area by moving cars off the street into a proper and adequate parking area. If the special conditional use permit is approved by the City, the applicant must submit a certified site plan for development of the parking lot showing access, parking spaces, maneuvering aisles, and landscaping/screening etc. This site and the proposed use meet the criteria to satisfy applicable ordinance requirements. This facility and the proposed use are compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of surrounding properties Conclusion/ Recommendations: Staff met with the owner to discuss applying exterior building design standards to the recently completed project (additional building for NAPA Auto Parts) at 516 W. Main Street. The metal portion needs to be blocked with a masonry product. The owner is receptive to this idea and shall implement with the development of a proposed breezeway connecting two buildings along Main Street. Staff recommends the approval of Special Conditional Use Permit #SCU08- 006 with the following conditions: 1. This Special Conditional Use Permit is specifically for off -site parking. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off -site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-444(a) of the Code of Ordinances. 5. Per Code of Ordinances, exterior building design standards shall be applied to the recently built facility at 516 W. Main Street. 6. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: • Recommend to Council approval of this SCUP. • Recommend to Council denial of this SCUP. • Table this item for further consideration by the Commission. jo 1 ; This permit is issued to For Development of: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit # SCU 08-006 Allen & Kerber Auto Supply c/o Brent Heckendorn Owner or Agent 516 & 518 West Main Street, La Porte TX 77571 Address Parking Lot (Off -site) Development Name 100 Block of North 5'h Street, La Porte Address Lots 24-29 Block 55, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Main Street District (MSD) Parking Lot 1. This Special Conditional Use Permit is specifically for off -site parking for 516 & 518 W. Main Street. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off -site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 5. The Developer shall comply with all applicable laws and ordinances of the City 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. Validation Date:`.=�c Dire for of tanning City Secretary c °� ao 16 �.� City of La Porte Established 1892 F ,�l� 6. �EXA`✓ October 7, 2008 Brent Heckendorn Allen & Kerber Auto Supply 518 W. Main Street LaPorte, TX 77571 Re: Special Conditional Use Permit #08-006 Dear Mr. Heckendorn: At their September 22, 2008 meeting, City Council approved Special Conditional Use Permit SCU# 08-006 for a proposed development of off -site parking for Allen & Kerber Auto Supply (NAPA Auto Parts) located at 518 West Main Street. The permit was approved with five (5) conditions as listed in the Special Conditional Use Permit attached herewith. Please disregard the letter you received dated September 23, 2008, as it contained an additional condition that should not have been included. I apologize for the error. You are authorized to proceed with the submission of a certified site plan and the construction drawings to the Planning Department. If you should have any questions or need additional information, please contact our City Planner, Masood Malik, at (281) 470-5058. Sincerely im Tietjens Director of Planning Attachment: SCU Permit #08-006 C: Inspection Div. File 604 W. Fairmont Pkwy. • LaPorte, Texas 77571 • (281) 471-5020 This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: N D-r 6pproVe4 City of La Porte Special Conditional Use Permit # SCU 08-006 Allen & Kerber Auto Supply c/o Brent Heckendorn Owner or Agent 516 & 518 West Main Street, La Porte TX 77571 Address Parking Lot (Off -site) Development Name 100 Block of North 5th Street, La Porte Address Lots 24-29 Block 55 Town of La Porte, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas. Main Street District (MSD) Parking Lot 1. This Special Conditional Use Permit is specifically for off -site parking for 516 & 518 W. Main Street. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off -site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 5. Per Code of Ordinances, exterior building design standards shall be applied to the recently built facility at 516 W. Main Street. 6. The Developer shall comply with all applicable laws and ordinances of the City 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. Validation Date: Director of Planning City Secretary n. i R , l r AD w ��°'°ffi ,. v-' 71 1 rr� �f _ .. t.EFwr_..- '�; ,y...a;: .ax _':,ate. �. �• p A Meeting of the La Porte 'lanning & Zoning Commission (Type of Meetmg) Scheduled for August 21, 2008 (Date of Meeting) to Consider 5ptr-ial Conditional Use Permit#SCU08-006 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: i?w dOr� Signature Address City, State, Zip AUG 14 2008 A Meeting of the La Porte r & Zoning Commission (Type of Meeting) Scheduled for August 21, 2008 (Date of Meeting) to Consider _ Special Conditional Use Permit#SCU08-006 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of grantin this request for the following reasons: I am OPPOSED to granting this request for the following reasons: AUA A12008 �p N ase print) Address ell Sign ' e City, State, Z' 11, I I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Tim Tie 'ens Department: Planning Report: Resolution: X Ordinance: Exhibits: 1. Resolution Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: _YES ENO SUMMARY & RECOMMENDATION In its Preliminary Engineering Report for F216-00-00 Phase II Watershed Improvements, Harris County Flood Control District calls for an ultimate right-of-way width for Little Cedar Bayou of 120' between Spencer Highway and Sens Road The ultimate right-of-way for the proposed channel is established by offsetting the centerline of the existing channel 60' on either side. In order to facilitate construction of Phase II improvements, action is required to prohibit the issuance of new building permits within the 120' ultimate right-of-way of the Phase 11 improvements. Exhibit "A" of the Resolution (see attached), illustrates the ultimate right-of-way for F216 Phase H improvements as well as the affected properties. Action Required of Council: Approve a resolution prohibiting the issuance of new building permits within the area designated for F216 Phase R Watershed Improvements. for City Council Agenda Bottoms, City Manager 9 vv Date RESOLUTION NO.2008- 11 A RESOLUTION PROHIBITING THE ISSUANCE OF BUILDING PERMITS WITHIN AN AREA DESIGNATED FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH HARRIS COUNTY FLOOD CONTROL DISTRICT PROJECT F216-00-00 PHASE II WATERSHED IMPROVEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Harris County Flood Control District, through an Interlocal cooperation contract with the City of La Porte, has determined the preliminary right-of- way proposed for the F216-00-00 Phase II Watershed Improvements. A map showing the location of this preliminary right-of-way is attached to this resolution as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The Harris County Flood Control District has requested that the City of La Porte issue no building permits for any area within the proposed right-of-way. Section 2. From and after the effective date of this resolution, no City of La Porte building permits shall be issued in the area of the proposed right-of-way for Harris County Flood Control District Project F216-00-00 Phase 11 Watershed Improvements, as shown on the map attached hereto as Exhibit "K. 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 of La Porte, Texas for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6253-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolution 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. 2 Section 4. This resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this the day of �� 1 , 2008. CITY OF LA PORTE aa�� L?� Alton Porter, Mayor ATTEST: :�" f Martha Gillett, City Secretary APPROVED: Clark T. Askins, City Attorney F216 PHASE H WATERSHED IMPROVEMENTS (Affected Tracts) BLOCK 719 LOT 16-20 St-BDIVISION LA PORTE HCAD 0240890190015 0240890190037 719 21-30 LA PORTE 0240890190021 0240890190024 0240890190025 0240890190027 720 1-10 LA PORTE 0240890200001 685 1-16 LA PORTE 0240780850001 686 17-32 LA PORTE 0240790860001 683 1-4 & 17-32 LA PORTE 0240780830001 684 14-16 LA PORTE 0240780840001 650 6-18 LA PORTE 0240700500001 0240700500011 0240700500017 651 21-32 LA PORTE 0240700510001 645 27-32 LA PORTE 0240680450001 646 1-23 LA PORTE 0240680460001 616 1 & 17-32 LA PORTE 0240620160001 617 1 & 32 LA PORTE 0240630170001 0240630170002 618 1 & 32 LA PORTE 0240630180001 619 1 & 32 LA PORTE 0240630190010 620 1 & 32 LA PORTE 0240630200001 621 1 & 32 LA PORTE 0240630200001 622 1 & 32 LA PORTE 0240630200001 623 1 & 32 LA PORTE 0240630200001 624 1 & 32 LA PORTE 0240630200001 625 1 & 32 LA PORTE 0240630200001 626 1 & 32 LA PORTE 0240650260001 N/A 6A R. PEARSALL A-625 0440510000040 1 Southernmost 40' of 1B 227 FT OF LT 1 NEBRASKA SYNDICATE 0270570000002 N/A Southernmost 40' of TRS R60 & R61 INC. 1.771 AC @ CREST LANE & NE COR SVY. R. PEARSALL A-625 0440510000070 2 Southernmost 40' of TRS IA 1B 2A & 2B & TRS 14A & 14B BLK 14 & TR F NEBRASKA SYNDICATE 0270580000004 M f POW' E 1�T -------------- �& IC -ice :y I� �v� �, �y— - F. ,•.. ;i I.._i. .scz I�.•_ __-4 �mN 6 �rz ^ .a_i.eJ � t �i `�-�—`j z�r--•._.ter _ r � I.-` I u n s f��_ � 7.1 'I 141, rr,71 Llj 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: SeMember 22 2008 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance: X Exhibits: Ordinance & Bid Tabulation CLP #08-5202 Exhibits: Appropriation Source of Funds: CDBG Account Number 032-9090-519-5110 Amount Budgeted: S168,N0.68 Amount Requested: $121,230.68 Budgeted Item: YES SUMMARY & RECOMMENDATION Harris County Community & Economic Development Department previously awarded the City a CDBG grant to extend and pave North 70' Street from Madison to the "E" Street ROW as well as a linear connectivity amenity along the "E" Street ROW from North 1& to North 2' Street. The North 70` Street project was completed in FY 2007. The City now is ready to construct the linear connectivity amenity and has recently bid the project. As part of the City's leveraging funds, the Engineering Division designed and bid the project. As part of the project the City would also purchase the drinking fountains as well as provide all the water taps. On the first bidding period, the City received five (5) bids with a low bid of $96,177.00 from Teamwork Construction: Paving Landscaping Irrigation $87,352.00 $8,825.00 not bid An addendum was sent out prior to the bid opening specifying that the irrigation portion of the project would be omitted from the bid package owing to the confusion on the part of the contractors as to how to bid the irrigation portion. Brooks Concrete submitted the second low bid at $130,370.25. This price included the irrigation. Staff recommends the best use of funds is to award low bid on Sections A & B to Teamwork Construction. We can write up some specifications for the irrigation and send out a quote form to irrigation firms and the bidder list for E Street. This should provide accurate quotes to award the irrigation separately. We are seeking funding in the amount of twenty five percent over the above referenced low bid in order to purchase the drinking fountains for the project as well as provide more landscaping. Therefore, Staff recommends $121,230.68 for construction, which is well within the budget amount. Change orders will be issued to the Contractor for more landscaping and a separate contract will be awarded to an irrigation specialist. The requested amount is one hundred percent of the remaining budget the City has with Harris County. Action Required by Council: Approve an Ordinance to award the bid in the amount of $121,230.69 to Teamwork Construction for linear connectivity amenities in the "E" Street ROW. Direct Staff to issue a notice to commence construction. Ron Bottonlr, City Manager ORDINANCE NO. Me& 31 [to AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEAMWORK CONSTRUCTION LINEAR CONNECTIVITY AMMENITIES IN THE "E" STREET ROW; APPROPRIATING $121,230.68 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METTINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary, 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 $121,230.68 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 (�4D day of S699, , 2008. CITY OF LA PORTE Alton E. Porter, Mayor ATTEST: �--- � 6/' � -� - M ha A. Gillett, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney BID TABULATION #08109 E STREET PEDESTRIAN PARK DESCRIPTION Unit QTY TEAMWORK Construction Services BROOKS Concrete Inc. MAR -CON Services SOUTHERN Customs Inc. IDEAL Contracting Services Section A - Sidewalk Drainage & Park Appurtenances 1. Mobilization for Entire Contract LS 1 $4,000.00 $2,800.00 $17,000.00 $28,000.00 $15,000.00 2. 6' Sidewalk SF 13525 $4.10 $4.95 $4.50 $10.00 $8.00 3 Culverts (all sizes) per linear foot LF 80 $45.00 $70.00 $36.00 $120.00 $300.00 4. Benches EA 5 $1,000.00 $900.00 $1,350.00 $1,800.00 $3,800.00 5. Trash Cans EA 5 $600.00 $750.00 $940.00 $1,800.00 $3,000.00 6. Drinking Fountains SY 2 $350.00 $650.00 $757.00 $250.00 $2,100.00 7. Hydro -mulch Seeding ACRE 0.5 $1,800.00 $1,800.00 $2,800.00 $5,280.00 $12,000.00 8. Clearing & Grubbing 100' STA 16.33 $150.00 $50.00 $155.00 $300.00 $2,000.00 9. Remove Existing Concrete Sidewalk SF 9000 $1.00 $1.00 $1.30 $2.00 $3.00 10. Remove Debris Clearing & Grubbing CY 50 $50.00 $35.00 $30.00 $110.00 $60.00 SUB - TOTAL ITEM A $87,502.00 $98,215.25 $110,837.65 $222,389.00 $254,060.00 Section B- Landscapes 1. Mexican Fan Palm, 30 gallon EA 7 $375.00 $340.00 $550.00 $880.00 $350.00 2. Dallas Red Crepe Myrtle, 10 gallon EA 10 $200.00 $235.00 $360.00 $960.00 $300.00 3. Basham Crepe Myrtle (lavender) 25 gallon EA 6 $450.00 $375.00 $550.00 $830.00 $350.00 4. Pecan, 25 gallon EA 4 $100.00 $360.00 $560.00 $855.00 $400.00 5. Red Oak, 26 gallon EA 9 $100.00 $345.00 $550.00 $855.00 $400.00 6. Bald Cypress, 25 gallon EA 2 $100.00 $315.00 $475.00 $855.00 $500.00 SUB -TOTAL ITEM B $8,825.00 $12,155.00 $18,890.00 $33,565.00 $13,750.00 Alternate Bid #1- Irrigation System 1. Irrigation System no bid $20,000.00 $8,000.00 no bid $30,000.00 GRAND TOTAL $96,327.00 $130,370.25 $137,727.65 $255,980.00 $281,560.00 Information reflects pricing only and other factors may be considered during the evaluation process Updated 08-28-08 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: XX Ordinance: Exhibits: Certification from HCAD Exhibits: New Construction Report Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On September 2, 2008, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2008 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $2,144,697,501 and a total taxable value of $1,716,757,426. for acceptance of the appraisal roll. Ron Bottoms, I /t� /&-)� Dfite RESOLUTION NO. 08- CO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2008 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2008 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2008 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1, 2008, property with a total appraised value of $2,144,697,501 and a total taxable value of $1,716,757,426. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $9,658,348 as of January 1, 2008; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 2008 taxable roll in the amount of $1,716,757,426, as submitted by the Harris County Appraisal District is hereby adopted; Section 2. the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this tht�Rv— day of ) , 2008. CrrX OF LA PO�RIT�EXAS U�+V—�(J.J-)6� Alton Porter, Mayor ATTEST: Mdrth6 Gillett, City Secretary APPROVED: Clarkt. Askins, Assistant City Attorney 071 Mailing Address: Office of the Chief Appraiser���«►` P.O. Box 920975 Houston, TX 77292-0975 August 28, 2008 Ms Katherine Powell Assessor Collector City of Laporte P O Box 1849 La Porte TX 77572-1849 Dear Ms. Powell: Harris County Appraisal District 13013 Northwest Fwy, Houston, Texas Information Center: (713)957-7800 On August 22, 2008 the appraisal review board (ARB) approved the 2008 appraisal records under Sec. 41.12, Tax Code, thus making it possible for me to certify this year's appraisal roll to each taxing unit. While the Tax Code provides for approval of the appraisal records to occur on July 20, it also stipulates that the ARB cannot approve the records if more than 10% of the total appraised value in the district remains under protest. Under prior law, approval of the records could not occur until less than 5% of the districts total value remained under protest. The change in the law is beneficial in Harris County where this year we received over 350,000 value protests --a substantial increase from prior years. Approved & Certified Accounts "Approved" accounts on your certified roll include those on which no protest was filed, those on which a late protest was filed "without good cause" as determined by the ARB, and those on which a timely or "good cause" late protest has been determined or dismissed due to failure to appear for the protest hearing. Uncertified Accounts Your certified roll does not include the value of accounts still under protest; accounts on which the valuation is incomplete and notices have not been mailed; and properties which are either ready to notice or have been noticed and on which the 30-day protest period has not elapsed. As required by law, estimated values applicable to these accounts are summarized in the enclosed reports. Final certified values for properties in these categories will be included in later supplemental rolls. Other Information Also included in your certification packet is a sheet titled "WHERE TO FIND." This sheet notes where to find information you will need to calculate your effective and rollback tax rates. The certified residential homestead report includes a summary of average residential values in your unit, which is information required for your tax rate hearing notices Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that homestead exemptions may be claimed up to one year after the delinquency date for the taxes on the homestead. This means that your tax base will be reduced by late applications filed during this extended application period. 071 August 28, 2008 Additional value loss may result from provisions in the Tax Code that allow for district court or arbitration appeal of ARB decisions, late protests, and corrections. Sincerely, Jim Robinson, R.P.A. Chief Appraiser Enclosures 071 THE STATE OF TEXAS,) COUNTY OF HARRIS. ) HARRIS COUNTY APPRAISAL DISTRICT HOUSTON,TEXAS 2008 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS. 26.01(c) AND (d) FOR City of Laporte Pursuant to Section 26.01(a), Texas Tax Code, I hereby certify the 2008 appraisal roll of properties taxable by City of Laporte. The roll is delivered in printed and electronic forms. The total appraised value now on the appraisal roll for this unit is: $2,144,697,501 The taxable value now on the appraisal roll for this unit is: $1,716,757,426 As required by Section 26.01(c), Texas Tax Code, I have included with your roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $166,701,248 Pursuant to Section 26.01(d), Texas Tax code, the estimated value of taxable property not under protest and not yet included on the certified appraisal roll, after hearing loss, is $302,157,384 Signed this 28th day of August, 2008 Jim Robinson, R.P.A. Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessor/collector of the above -named taxing unit, I hereby acknowledge receipt of the certified 2008 appraisal roll on this the day of 1 2008 071 CITY OF LAPORTE TAX YEAR: 2008 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP CERTIFIED ROLL ACREAGE MARKET APPRAISED PRODUCTIVITY LAST UPDATED: DELV DATE: EXEMPTIONS 08/22/2008 09/05/2008 TAXABLE VALUE Al Real, Residential, Single -Family 8,780 2,306.7724 1,052,240,315 1,039,879,591 0 260,087,827 778,791,754 A2 Real, Residential, Mobile Homes 81 25.0051 2,435,868 2,298,040 0 397,906 1,900,134 B1 Real, Residential, Multi -Family 21 67.2005 40,901,525 40,901,525 0 26,223 40,875,302 B2 Real, Residential, TWO -Family 54 9.7853 4,994,552 4,907,452 0 176,655 4,730,797 B3 Real, Residential, Three -Family 0 0.0000 0 0 0 0 0 B4 Real, Residential, Four- or More -Family 0 0.0000 0 0 0 0 0 C1 Real, vacant Lots/Tracts 1,022 328.6597 15,893,164 15,173,220 0 144,832 15,029,398 C2 Real, vacant Commercial 415 492.0460 18,182,758 18,137,098 0 0 18,137,098 0 Real, vacant 125 24.7897 2,037,723 2,033,816 0 53,229 1,980,587 Di Real, Qualified Agricultural Land 36 759.7798 9,086,900 0 75,757 0 75,757 D2 Real, unqualified Agricultural Land 51 781,7940 12,522,357 12,522,357 0 0 12,522,357 E1 Real, Farm & Ranch Improved 1 14.9400 256,403 148,513 0 29,703 118,810 F1 Real, Commercial 462 709.2681 197,389,448 196,639,902 0 211,944 196,427,958 F2 Real, industrial 56 699.0613 352,505,490 352,505,490 0 3,188,063 349,317,427 G1 Oil and Mineral Gas Reserves 0 0.0000 0 0 0 0 0 G2 Real Property Other Mineral Reserves 0 0.0000 0 0 0 0 0 H1 Tangible, vehicles 0 0.0000 0 0 0 0 0 11 Real, Banks 0 0.0000 0 0 0 0 O 31 Real & Tangible Personal, Utility water 0 0.0000 0 0 0 0 0 72 Gas Companies 2 0.6898 2,029,295 2,029,295 0 0 2,029,295 73 Electric Companies 31 97.1702 15,968,009 15,968,009 0 0 15,968,009 74 Telephone Companies 1 0.0000 7,164,470 7,164,470 0 0 7,164,470 75 Railroads 26 162.2530 2,785,290 2,785,290 0 0 2,785,290 76 Pipelines 162 5.2060 14,045,023 14,045,023 0 0 14,045,023 37 Major Cable Television Systems 0 0.0000 0 0 0 0 0 L1 Tangible, Commercial 774 0.0000 82,817,475 82,817,475 0 10,088 82,807,387 LZ Tangible, Industrial 248 0.0000 170,998,411 170,998,411 0 7,884,241 163,114,170 M1 Tangible, Nonbusiness watercraft 0 0.0000 0 0 0 0 0 M2 Tangible, Nonbusiness Aircraft 0 0.0000 0 0 0 0 0 HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/22/2008 071 CITY OF LAPORTE PROPERTY USE CATEGORY RECAP DELV DATE: 09/05/2009 TAX YEAR: 2008 CERTIFIED ROLL PROPERTY USE CATEGORY UNITS ACREAGE MARKET APPRAISED PRODUCTIVITY EXEMPTIONS M3 Tangible, Mobile Homes 511 0.0000 6,775,481 6,716,221 0 1,248,783 M4 Tangible, Miscellaneous 0 0.0000 0 0 0 0 N1 Intangibles 0 0.0000 0 0 0 0 01 Inventory 26 7.0591 432,225 432,225 0 0 02 Inventory 15 0.0000 1,915,513 1,915,513 0 0 sl Dealer Inventory 9 0.0000 1,057,514 1,057,514 0 0 u0 Unknown 0 0.0000 0 0 0 0 XO Primarily Charitable organization 0 0.0000 0 0 0 0 X1 Governmental Exempt 698 1,647.1487 124,554,625 124,554,625 0 124,554,625 X2 Charitable Exempt 14 12.6365 4,783,422 4,783,422 0 4,783,422 X3 Religious Exempt 102 98.9195 25,204,288 25,204,288 0 25,139,565 X4 Cemetery Exempt 4 2.3458 2,969 2,969 0 2,969 X5 Private school Exempt 0 0.0000 0 0 0 0 X6 Youth Development Exempt 0 0.0000 0 0 0 0 X7 Historical Exempt 0 0.0000 0 0 0 0 X8 Miscellaneous Exempt 0 0.0000 0 0 0 0 X9 Low -Moderate Income Housing 0 0.0000 0 0 0 0 TAXABLE VALUE 5,467,438 0 0 432,225 1,915,513 1,057,514 0 0 0 0 64,723 0 0 0 0 0 0 JURISDICTION TOTALS: 13,727 8,252.5305 $2,168,980,513 $2,144,621,744 $75,757 $427,940,075 $1,716,757,426 14 REOUEST FOR CITY COUNCIL AGENDA ITEVL Agenda Date Requested: September 22, 2008 Requested By: Michael Dolby, CPA 40: Department: Finance Report: Resolution: Ordinance: XX Exhibits: Effective Tax Rate Calculation Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2008-09 Budget was built around a tax rate of .71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .619 cents per hundred dollar valuation Debt Service = .091 cents per hundred dollar valuation The tax rate of .71 cents is the same rate that has been adopted for the last twenty years. The Effective Tax Rate = 0.710 cents per hundred dollar valuation, which is the maximum rate without advertisements and a public hearing. Action Required by Council: Ap ove Ordinance establishing the tax rate for Fiscal Year 2008-09 at 71 cents per hundred dollar Ron Bottoms, City Manager ORDINANCE NO. 08- 3 ) O2 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; 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. That there is hereby levied for the fiscal year beginning October 1, 2008, and ending September 30, 2009, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2009, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: - (1) An Ad Valorem Tax of and at the rate of sixty-one and nine tenths cents ($.619) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of nine and one tenth cents ($.091) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, 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 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the)0 day of , 2008. CI OF LA POR T,yE�XA,S Alton Porter, Mayor ATT T: Martha 6illett, Ci y Secretary APPROVED: �p Clark T. Askins, Assistant City Attorney 2008 Property Tax Rates in City of La Porte This notice concems 2008 property tax rates for City of LaPorte. It presents information about three tax rates Last years tax rate is the actual rate the taxing unit used to determine property taxes last year. This years effective tax rate would impose the same total taxes as last year if you compare propertiestaxed in both years. This years rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last years operating taxes $ 11,988,680 Last years debt taxes $ 1,942,519 Last years total taxes $ 13,931,199 Last years tax base $ 1,962,140,704 Last years total tax rate 0.710 /$100 This year's effective tax rate: Last years adjusted taxes $ 13,805,197 (after subtracting taxes on lost property This years adjusted tax base $ 1,942,590,597 (after subtracting value of new propert)) = This years effective tax rate 0.710 /$100 (Maximum rate unless unit publishes notices and holds hearings) This year's rollback tax rate: Last years adjusted operating taxes (after $ 11,875,966 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent health care expenditures) This years adjusted tax base $ 1,942,590,597 = This years effective operating rate 0.611 /$100 x 1.08 = this years maximum operating rate 0.659 /$100 + This years debt rate 0.091 /$100 = This years total rollback rate 0.750 /$100 Statement of Increase/Decrease If City of La Porte adopts a2008 tax rate equal to the effective tax rate of $0.710 per $100 of value, taxes would increase compared to2007 taxes by $993,388. Schedule A - Unencumbered Fund Balances The following estimated balances will be left in the units property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation Type of Property Tax Fund General Fund Debit Service Fund Schedule B - 2008 Debt Service Balance $13,386,498 $1,830,657 The unit plans to pay the following amounts for longterm debts that are secured by property taxes These amounts will be paid from property tax revenues(or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to be Paid Payment General Obligation $125,000 $55,781 $0 $180,781 Bonds 1998 Series General Obligation $150,000 $102,344 $0 $252,344 Bonds 2000 Series Certificate of $150,000 $88,050 $0 $238,050 Obligation Bonds 2000 Series General Obligation $270,000 $199,733 $0 $469,733 Bonds 2002 Series Certificate of $235,000 $247,200 $0 $482,200 Obligation Bonds 2004 Series Certificate of $65,000 $62,423 $0 $127,423 Obligation Bonds 2005 Series General Obligation $285,000 $277,323 $0 $562,323 Bonds 2005 Series General Obligation $45,000 $48,948 $0 $93,948 Bonds 2006 Series Certificate of $220,000 $244,448 $0 $464,448 Obligation Bonds 2006 Series Certificate of $150,000 $324,508 $0 $474,508 Obligation Bonds 2007 Series Total Required for 2008 Debt Service $3,345,756 - Amount (if any) paid from funds listed in Schedule A $123,018 - Amount (if any) paid from other resources $1,3009934 - Excess collections last year $0 = Total to be paid from taxes in 2008 $1,921,804 + Amount added in anticipation that the unit will $0 collect only 100.00% of its taxes in 2008 = Total Debt Levy $1,921,804 This notice contains a summary of actual effective and rollback tax rates calculations. You can inspect a copy of the full calculations at604 W Fairmont Parkway, La Porte, Texas 77571. Name of person preparing this notice Katherine R. Powell Title: Tax Manager Date Prepared: August 29, 2008 2008 Effective Tax Rate Worksheet Entity Name: City of La Porte Date: 09/4/2008 See pages 13 to 16 of the Texas Comptrollers 2008 Truth -in -Taxation Manual for an explanation of the effective tax rate 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 2007 total taxable value. Enter the amount of 2007 taxable value on the 2007 tax $1,950,907,645 roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one-third over -appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings(will deduct in line 2) and the captured value for tax increment financing(will deduct taxes in line 14). 2007 tax ceilings. Counties, Cities and Junior College Districts. Enter 2007 total $0 taxable value of homesteads with tax ceilings These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" If your taxing units adopted the tax ceiling provision in 2007 or a prior year for homeowners age 65 or older or disabled, use this step. Preliminary 2007 adjusted taxable value. Subtract line 2 from line 1. $1,950,907,645 2007 total adopted tax rate. (/$100) 0.710 2007 taxable value lost because court appeals of ARB decisions reduced 2007 appraised value. A. Original 2007 ARB values: $16,062,650 B. 2007 values resulting from final court decisions $14,529,390 C. 2007 value loss. Subtract B from A. $1,533,260 2007 taxable value, adjusted for court -ordered reductions. Add line 3 and line $1,952,440,905 5C. 2007 taxable value of property in territory the unit deannexed after January 1, $0 2007. Enter the 2007 value of property in deannexed territory. 2007 taxable value lost because property first qualified for an exemption in 2008. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount Do not include value lost due to freeport, "goods -in -transit" exemptions or tax abatements A. Absolute exemptions. Use 2007 market value: $82,422 B. Partial exemptions. 2008 exemption amount or 2008 percentage $13,340,265 exemption times 2007 value: C. Value loss. Add A and B. $13,422,687 2007 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2008. Use only those properties that first qualified in 2008; do not use properties that qualified in 2007. A. 2007 market value: $0 B. 2008 productivity or special appraised value: $0 C. Value loss. Subtract B from A. $0 Total adjustments for lost value. Add lines 7, 8C and 9C. $13,422,687 2007 adjusted taxable value. Subtract line 10 from line 6. $1,939,018,218 Adjusted 2007 taxes. Multiply line 4 by line 11 and divide by $100. $13,767,029 Truth In Taxation May 2008 Page: 2008 Effective Tax Rate Worksheet Entity Name: City of La Porte 17. 18. Date: 09/4/2008 Taxes refunded for years preceding tax year2007. Enter the amount of taxes $68,869 refunded during the last budget year for tax years preceding tax year2007. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year2007. This line applies only to tax years preceding tax year2007. Taxes in tax increment financing (TIF) for tax year 2007. Enter the amount of $30,701 taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit If the unit has no 2008 captured appraised value in Line 16D, enter 110.11 Adjusted 2007 taxes with refunds. Add lines 12 and 13, subtract line 14. $13,805,197 Total 2008 taxable value on the 2008 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A. Certified values only: $1,716,757,426 B. Counties: Include railroad rolling stock values certified by the $0 Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted $0 for the current tax year for the first time as pollution control property (use this line based on attorneys advice): D. Tax increment financing Deduct the 2008 captured appraised value $40,314,402 of property taxable by a taxing unit in a tax increment financing zone for which the 2008 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below. E. Total 2008 value. Add A and B, then subtract C and D. $1,676,443,024 Total value of properties under protest or not included on certified appraisal roll A. 2008 taxable value of properties under protest The chief appraiser $166,701,248 certifies a list of properties still under ARB protest The list shows the district's value and the taxpayees claimed value, if any or an estimate of the value if the taxpayer wins For each of the properties under protest, use the lowest of these values Enter the total value. B. 2008 value of properties not under protest or included on certified $258,910,279 appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. C. Total value under protest or not certified Add A and B. $425,611,527 2008 tax ceilings. Enter 2008 total taxable value of homesteads with tax $0 ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0." If your taxing units adopted the tax ceiling provision in 2007 or a prior year for homeowners age 65 or older or disabled, use this step. Truth In Taxation May 2008 Page 2008 Effective Tax Rate Worksheet Entity Name: City of La Porte 19. 20. 21. 22. 23. 24. 25. Date: 09/4/2008 2008 total taxable value. Add lines 16E and 17C. Subtract line 18. $2,102,054,551 Total 2008 taxable value of properties in territory annexed after January 1, 2007. $8,369,271 Include both real and personal property. Enter the 2008 value of property in territory annexed Total 2008 taxable value of new improvements and new personal property $151,094,683 located in new improvements "New" means the item was not on the appraisal roll in 2007. An improvement is a building structure, fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the unit after January 1, 2007 and be located in a new improvement New improvements do include property on which a tax abatement agreement has expired for 2008. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property. Total adjustments to the 2008 taxable value. Add lines 20 and 21. $159,463,954 2008 adjusted taxable value. Subtract line 22 from line 19. $1,942,590,597 2008 effective tax rate. Divide line 15 by line 23 and multiply by $100. (/$100) 0.710 COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2008 county effective tax rate. (/$100) A county, city or hospital district that adopted the additional sales tax in August or November2007 or in January or May 2008 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 41 of the Texas Comptroller's 2008 Truth -in -Taxation Manual sets out this adjustment Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Truth In Taxation May 2008 Page: 2008 Rollback Tax Rate Worksheet Entity Name: City of La Porte Date: 09/4/2008 See pages 17 to 21 of the Texas Comptrollers 2008 Truth -In -Taxation Manual for an explanation of the rollback tax rate, 26 27 28 29. 30. 31. . 2007 maintenance and operations (M&O) tax rate. (/$100) 0.611 . 2007 adjusted taxable value. Enter the amount from line 11. $1,939,018,218 . 2007 M&O taxes. A. Multiply line 26 by line 27 and divide by $100. $11,847,401 B. Cities, counties and hospital districts with additional sales tax $0 Amount of additional sales tax collected and spent on M&O expenses in 2007. Enter amount from full year's sales tax revenue spent for M&O in 2007 fiscal year, if any. Other units, enter "0." Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent C. Counties: Enter the amount for the state criminal justice mandate If $0 second or later year, the amount is for increased cost above last years amount. Other units, enter "0." D. Transferring function: If discontinuing all of a department function $0 or activity and transferring it to another unit by written contract enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in H below. The unit receiving the function will add this amount in H below. Other units, enter "0." E. Taxes refunded for years preceding tax year2007: Enter the amount $59,266 of M&O taxes refunded during the last budget year for tax years preceding tax year 2007. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year2007. This line applies only to tax years preceding tax year2007. F. Enhanced indigent health care expenditures Enter the increased $0 amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in tax increment financing (TIF): Enter the amount of taxes $30,701 paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit If the unit has no 2008 captured appraised value in Line 16D, enter "0." H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, $11,875,966 subtract if discontinuing function and add if receiving function Subtract G. 2008 adjusted taxable value. Enter line 23 from the Effective Tax Rate Worksheet $1,942,590,597 2008 effective maintenance and operations rate Divide line 28H by line 29 and 0.611 multiply by $100. 2008 rollback maintenance and operation rate County, cities and others: 0.659 Multiply line 30 by 1.08. (See lines 49 to 52 for additional rate for pollution control expenses.) (/$100) Truth In Taxation May 2008 Page: 2008 Rollback Tax Rate Worksheet Entity Name: City of La Porte Date: 09/4/2008 See pages 17 to 21 of the Texas Comptrollefs 2008 Truth -In -Taxation Manual for an explanation of the rollback tax rate 32 33 34 35. 36 37, 38. 39. 40. Total 2008 debt to be paid with property taxes and additional sales tax revenue $1,921,804 "Debt" means the interest and principal that will be paid on debts that (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the units budget as M&O expenses. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit if those debts meet the four conditions above Include only amounts that will be paid from property tax revenue(or additional sales tax revenue). Do not include appraisal district budget payments List the debt in "Schedule B: Debt Service." If using unencumbered f ind4 subtract unencumbered fund amount used from total debt and list remainder Certified 2007 excess debt collections. Enter the amount certified by the $0 collector. Adjusted 2008 debt. Subtract line 33 from line 32. $1,921,804 Certified 2008 anticipated collection rate. Enter the rate certified by the 100.00% collector. If the rate is 100 percent or greater, enter 100 percent. 2008 debt adjusted for collections. Divide line 34 by line 35. $1,921,804 2008 total taxable value. Enter the amount on line 19. $2,102,054,551 2008 debt tax rate. Divide line 36 by line 37 and multiply by $100. (/$100) 0.091 2008 rollback tax rate. Add lines 31 and 38. (/$100) 0.750 COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2008 county rollback tax rate. (/$100) A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Truth In Taxation May 2008 Page: 2 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 22, 2008 Requested By: Michael Dolby, CPA Director of Finance Department: FINANCE Report: Resolution: Ordinance: xx Exhibits: Letter from TMRS Exhibits: Amount Budgeted Source of Funds: n/a Account Number: n/a Amount Budgeted: n/a Amount Requested: n/a Budgeted Item: YES NO Effective January 1, 2009. the City of La Porte will begin paying 14.71% for TMRS contributions. However, this rate exceeds the maximum contribution rate a city can pay under state law. Consequently, TMRS suggested that we adopt an ordinance that would allow us to impose our own "limit" on the contribution rate by using our own discretion in determining which potential plan improvements to adopt, or not adopt based on the calculated contribution rate. Furthermore, if we do not take this action by December 31, 2008; our annual cost of living allowances and updated service credits will be terminated. Present this evening we have Mr. Antony Mills with TMRS to explain this action and answer any questions you may have. Action Required by Council: Ordinance authorizing the City to impose its own limit on the TMRS contribution rate. Ron Bottoms, City D to ORDINANCE NO. 08- AN ORDINANCE ELECTING FOR THE CITY OF LAPORTE, TEXAS TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION. WHEREAS, the City of La Porte (the "City"), is a participating municipality in the Texas Municipal Retirement System (the "System"), and has undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the "TMRS Act"); and WHEREAS, the City Council desires to authorize funding of such benefits as herein provided; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS: Section 1. Pursuant to Section 855.407(g) of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the System at such combined rate of the total compensation paid by the City to employees who are members of the System, as the System's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the City under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the City's account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of City contributions. SerAion 2. The visions of the ordinance shall become effective on the first day of qoR , 200 r ATTEST: City Secretary or Clerk APPROVED: Mayor RS TEXAS MUNICIPAL RETIREMENT SYSTEM August 18, 2008 VIA E-MAIL Mr. Michael Dolby Assistant Finance Director City of La Porte 604 West Fairmont Parkway La Porte, TX 77572 Dear Michael: We are pleased to enclose a model ordinance for city to: Remove the statutory maximum contribution rate limit By adopting this ordinance, your city is agreeing to fully fund the costs of the pension benefits included in the City's plan. This ordinance will allow your city to impose its own "limit" on the contribution rate by using its discretion in determining which potential plan improvements to adopt, or not adopt, based on the calculated contribution rate. The TMRS actuary will calculate the cost of future adoptions and valuation studies each year and forward this rate to your City. With the removal of the statutory rate limit your city's full contribution rate for 2009 will be 19.42% and the phase in rate will be 14.71%. We would appreciate receiving a copy of this ordinance as soon as possible after adoption. If you have any questions or need additional assistance, please do not hesitate to contact me at 1-800-924-8677. �,�'ilace.�ely, Eric W. Davis Deputy Executive Director Enclosure TMRS 512.476.7577 P.O. BOX 149153 TOLL. FREE 800.924.8677 AuSTIN, TExAs 78714-9153 www.TMRS.com FAX 512.476.5576 RS %.0 _ iuNici�rtt. Pxri m Ar SSruHs Plan Provisions Deposit Rate Matching Ratio Updated Service Credit Transfer USG ** Annuity Increase Buyback Provision 20 Year/Any Age Ret. Vesting Contribution Rates Normal Cost Rate Prior Service Rate Retirement Rate Supplemental Death Rate Total Rate Unfunded Actuarial Liability Amortization Period Funded Ratio Phase -In Total Rate Prior Methods 7.00% 2 to 1 100% (Repeating) Yes 70% (Repeating) No Yes 10 years 2009 9.90% 3.94% 13.84% 0.20% (A & R) 14.04% $12,541,455 25 years 79.7% PUC / New Assumptions Preliminary 7.00% o 2 to 1 100% (Repeating) Yes 70% (Repeating) No Yes 10 years 2009 11.87% 8.15% 20.02% 0.20% (A & R) 20.22% $20,474,255 25 years 70.6% Adjusted 7.00% 2 to 1 100% (Repeating) Yes 70% (Repeating) No Yes 10 years 2009 11.87% 7.35% 19.22% 0.20% (A & R) 19.42% $20,474,255 30 years 70.6% 14.71% For rnformational Purposes Only Effective Date - January 1, 2009 Report Date - August 18, 2008 Proposed Plans 1 7.00% 2 to 1 100% (Repeating) Yes 70% (Repeating) No Yes 10 years 2009 11.87% 7.35% 19.22% 0.20%0 (A & R) 19.42% --' $20,474,255 30 years 70.6% 14.71% ** This is the addition to the Initial Prior Service Rate for USC for transfers. There were 35 eligible transfer employees on the valuation date. RROUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 22, 2008 ayor orter Requested By Department: Mayor and ci4z Council Report: Resolution: X Ordinance: Exhibits: HGAC Letter Exhibits: Exhibits: Resolution Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Consider resolution appointing members to the HGAC General Assembly and Board of Directors. a representative and an alternate to the HGAC 2009 General Assembly and Board of Directors. Ron Bottoms, City Manager Houston -Galveston Area Council Office of the Executive Director August 28, 2008 The Honorable Alton Porter Mayor, City of La Porte 604 W. Fairmont Parkway LaPorte, TX 77571 Dear Mayor Porter: SEP 0 3 20OR CITY SECRjjj4w4y•8 OFFICE I am writing regarding the appointment of La Porte's representative to H-GAC's 2009 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2009 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting H-GAC's 2009 General Assembly and Board of Directors. Sincerely, Jack Steele JS/ndg Enclosure cc: City Secretary Mailing Address Physical Address PO Box 22777 3555 Timmons Lane, Suite 120 Houston, Texas 77227-2777 Houston, Texas 77027-6466 Phone 713-627-3200 Recycled Phone 713-627-3200 2008-12 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL 2009 GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston -Galveston Area Council for the year 2009: REPRESENTATIVE 4l `Pn ALTERNATE FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston -Galveston Area Council for the year 2009. THAT, the Executive Director of the Houston -Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the day of2008. APPROVED: Mayor ATTEST: