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HomeMy WebLinkAbout2009-03-23 Regular Meeting and Workshop of La Porte City Council 5 A ~- MINUTES OF A REGULAR MEETING AND WORKSHOP OF THE LA PORTE CITY COUNCIL MARCH 23, 2009 1. Call to order The meeting was called to order by Mayor Porter at 6:00 p.m. Members of City Council Present: Mayor Alton Porter, Mayor Pro-Tem Mike Clausen, Council members Tommy Moser, Mike Mosteit, Georgia Malone, Louis Rigby, Chuck Engelken, John Black, and Howard Ebow. Members of Council Absent: None 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, Judge Denise Mitrano, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, Human Resources Manager Heather Weger, Finance Director Michael Dolby, Operations Manager Marlene Rigby, Purchasing Manager Susan Kelley, Assistant to the City Manager Melissa Lanclos, GIS Technician Isaac Rodriguez, Police Officer Matt Novosad, Police Officer Paul Whitchurch, Mike Hovendick, Parks Department, Police Officer, Tracy Phelan and Sergeant Matt Daeumer. Others Present: Adam Yanelli of Bayshore Sun, Nick Barrera, Ted Powell, Mrs. Ted Powell Mark Follis, Dottie Kaminski, Kathryn Aguilar, Phillip Hoot, Mrs. Upchurch, David Janda, Mr. and Mrs. Orville Burgess, Daryl Leonard, Kathleen Lemon, Darlene Gamble Bays, Vicky Campise, Leonard Zlomke, Richard Warren, Susie Burgess, Brianna Garcia, Travis Evans and a number of other citizens. 2. Invocation was delivered by Reverend Mike Besson of St. John's Episcopal Church 3. Mayor Porter led the Pledge of Allegiance 4. Presentations/ Proclamations A. Mayor Porter recognized the Texas Independence Relay Team 5. Consent Agenda A. Council to consider approving minutes of the Regular Meeting and Workshop Meeting for La Porte City Council held on March 9, 2009 - M. Gillett 8. Council to consider approval or other action awarding of bid to United Roofing & Sheet Metal, Inc. for roof repairs for Evelyn Kennedy Civic Center, the La Porte Recreation and Fitness Center, Little Cedar Bayou Park Pool Building, and the Jennie Riley Civic Center, totaling $92,378.00 and awarding of bid to Jaco Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 Page 2 Construction for replacement of plywood decking at Charles Walker Annex for a total price of $124,175.00 - S. Barr C. Council to consider approval or other action regarding the purchase of the Miracle playground equipment for Seabreeze Park from May Recreation Equipment and Design as a Buy Board purchase in the amount of $31 ,763.00 - S. Barr D. Council to consider approval or other action awarding of bid for two (2) Zero Turning Radius Mowers and two (2) Compact Utility Tractors with Front Loader - S. Gillett E. Council to consider approval or other action authorizing City Manager to execute an annual contract for Sewer Rehabilitation to North Houston Pole Line in the amount of $181,315.00 and authorize an additional $8,685.00 for contingency - S. Gillett F. Council to consider approval or other action of an ordinance amending City of La Porte 2008-2009 Budget (Ord. 3128) - M. Dolby G. Council to consider approval or other action authorizing the City Manager to execute a contract joining the League City OSSI Consortium and the purchase of all system licenses, software, hardware, etc. required to convert the City's current Sungard HTE Records Management System to the Sungard OSSI Records Management System - K. Adcox Motion was made bv Council member Enqelken to approve the consent aqenda as presented. Councilmember Moser seconded the motion. Motion carried. Ayes: Mosteit, Moser, Ebow, Rigby, Clausen, Malone, Engelken, Black, and Porter Nays: None Abstain: Ebow, Black and Porter on item #1 Mosteit on Item #E Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council- (Limited to five minutes) Kathryn Aguilar, 3119 Fondren, noted concerns with the relocation of Bayshore Elementary, that the safety of the children was not a focus point. She questioned why Councilman Clausen was allowed to speak, but the public was not at the Planning and Zoning meeting that was held on February 5,2009. She noted the information given to the Planning and Zoning Commission was incorrect. She advised Council that Mr. Clausen does not have a signed conflict of interest form. She further noted the brochure shows favoritism to the developer. Ted Powel, 1700 Roscoe, noted concerns with the public safety of the children and the proposed location of Bayshore Elementary School. He questioned why Mr. Clausen was able to speak at the meeting on February 5th of the Planning and Zoning Meeting, and Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 Page 3 whether he was speaking as a Councilman or a contractor for LPISD. He noted concerns on citizens not being able to speak at that meeting as well. In addition, he alleged Council that Mr. Clausen and staff have not filed conflict of interest forms. Lastly, he alleged the Council of concerns with Mr. Bottoms co-owing his home with Eddie Gray. Darlene Gamble-Bays, 616 Baywood, shared concerns with the location of the placement of Bayshore Elementary School, asked that the city re-evaluate the proposed location. Phillip Hoot, 927 Seabreeze, is pleased that the City has begun having Meet and Confer Meetings again. He is pleased with the pending decision for the city to purchase Happy Harbor property. Said that the traffic study that was done was flawed due to the time it was done, noted closing this street would have a negative impact. Councilman Clausen encouraged public to stay for the City Council's comments so they could hear his response to their comments. 7. Council to consider approval or other action of an ordinance approving updated Employee Policy Handbook (Ord. 3129) - H. Weger Human Resources Manager Heather Weger presented summary and recommendation and answered Council's questions. Councilman Rigby commented on the portion of policy concerning nepotism and informed Council that language concerning amendment of City Charter by Government Code should be revised, either by rewording or deleting relevant wording. Assistant City Attorney Clark Askins read Ordinance 3129, AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK DATED APRIL 1, 2009, PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilmember Mosteit to approve Ordinance 3129 as recommended bv staff with chanqe in the nepotism section. Seconded by Councilmember Clausen. Motion carried. Ayes: Mosteit, Engelken, Malone, Clausen, Tommy Moser, Louis Rigby, Black, Ebowand Porter Nays: None Abstain: None Absent: None 8. Council to consider approval or other action authorizing City Manager to execute two (2) agreements with Klotz Associates to perform design, bid and construction phase services and an impact analysis for Drainage Projects for a total cost of $75,100.00 - S. Gillett Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 Page 4 Motion was made by Councilmember Enqelken to authorize City Manaqer to execute two (2) aqreements with Klotz Associates to perform desiqn. bid and construction phase services and an impact analysis for Drainaqe Proiects as presented by Mr. Gillett. Councilmember Mosteit seconded the motion. Motion carried. Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Ebow, Malone and Porter Nays: None Abstain: None Absent: None 9. Council to consider approval or other action authorizing an agreement with Harris County for participation in the application and distribution of HCCR Hurricane IKE Community Development Block Grant Funds - 1. Tietjens Planning Director Tim Tietjens presented summary and recommendations and answered Council's questions. Motion was made by Councilmember Black to authorize the aqreement with Harris County for participation in the application and distribution of HCCR Hurricane IKE Community Development Block Grant Funds. Councilmember Moser seconded the motion. Motion carried. Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Malone, Ebow and Porter Nays: None Abstain: None Absent: None 10. Receive report of the activities of the Police Department for the year 2008 - K. Adcox Police Chief Adcox presented a report of the activities of the Police Department for the year 2008. 11. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 7:25 p.m. A. Received update on upcoming Census 2010 and provided staff direction on forming Complete Count Committee. Council directed Mr. Tietjens to move forward in forming the Complete Count Committee 12. Mayor Porter closed the Workshop Meeting and reconvened to Regular Meeting at 7:36 p.m. 13. Receive report from Drainage and Flooding Committee - Councilmember Mosteit. Committee member Mr. Mosteit provided a report to City Council from the Drainage and Flooding Committee. Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 Page 5 14. City Manager Ron Bottoms provided Administrative Reports for the following: Council Budget Retreat - April 4, 2009- Police Department Training Room La Porte- Bayshore Chamber Leadership Meeting - April 8, 2009 Good Friday Spring Holiday - April 10, 2009 City Council Meeting - April 13, 2009 - 6:00 p.m. Mayor Porter reminded those in attendance of the State of the Cities meeting tomorrow morning at the Houston Yacht Club. 15. Council Comments - Mosteit, Clausen, Rigby, Black, Malone, Ebow, Engelken and Mayor A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff requiring a statement of specific factual information for a recitation of existing policy Councilmember Clausen requested the public stay to hear his response to their comments during petitions and remonstrance's section of the agenda: Mr. Clausen noted it was a waste of the City's time to be addressing the location of the school. This is a school matter that has nothing to do with the City. Mr. Clausen noted he is not a contractor for the school and that he is simply a school employee of the school district. Mr. Clausen told the public that they need to get their facts straight. Mr. Clausen told the public that none of them had tried to contact him to discuss these matters. Mr. Clausen noted he spoke at the Planning and Zoning meeting because he was asked a question. That was the only time he spoke during that meeting. He further noted that people were rude and disruptive at that meeting and it was hard for the Planning and Zoning Commission to conduct their business at hand with the disruptions. Mr. Clausen noted that he worked for a governmental entity and there was no state law or attorney general opinion that required him to file a conflict of interest form and he has not done so. Lastly, Mr. Clausen noted his disappointment with people using this forum to run for public office. Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 Page 6 16. Executive Session. pursuant to provision of the open meetings law, chapter 551.071 through 551.076, 551-087, Texas government code (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) A. 551.072 (Deliberation regarding purchase, exchange, lease or value of real property) Meet with City Manager and City Attorney to discuss Block 1032 and 1149, Town of La Porte B. 551.072 (Deliberation regarding purchase Exchange, lease or value of real property) Meet with City Manager and City Attorney to discuss Happy Harbor site Council retired to Executive Session at 8:01 p.m. Council returned to the table at 8:30 p.m. with no action taken in Executive Session. Council reconvened the Regular Meeting at 8:31 p.m. 17. Considerations and possible action on items considered in executive session. 18. Consider approval or other action regarding an ordinance authorizing earnest money for purchase of the former Happy Harbor Nursing home property at 1106 Bayshore Drive (Ord. 3130) - R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 3130, AN ORDINANCE APPROVING AND AUTHORIZING AN EARNEST MONEY CONTRACT FOR PURCHASE BY THE CITY OF LA PORTE FROM THE ALDERSGA TE TRUST, OF THE FORMER HAPPY HARBOR NURSING HOME PROPERTY AT 1106 BAYSHORE DRIVE IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, APPROPRIATING $1,400,000.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDIND COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve Ordinance 3130 as presented by Mr. Bottoms. Councilmember Ebow seconded the motion. Motion carried. Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Malone, Ebowand Porter Nays: None Abstain: None Absent: None Minutes of Regular Meeting and Workshop Meeting held on March 23, 2009 19. There being no further business, the meeting was duly adjourned at 8:33 p.m. Respectfully submitted, -*1(j)j;/f~pf4 Martha Gillett, TRMC, CMC City Secretary p~ed on this ~y of April 2009. ,~ ayor Alton E. Porter Page 7 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April}3. 2009 Appropriation Requested By: Ron Bottoms. Citv Mana2er Source of Funds: N/A Department: City Mana2er's Office Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Ordinance Exhibits: Industrial District Agreement Exhibit Amount Requested: Budgeted Item: SUMMARY & RECOMMENDATION The City and Indus1ry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements will expire on December 31, 2007 , which is the common date for the Battleground and Bayport Industrial Districts. Kior, Incorporated has requested to execute an Industrial District agreement with the City of La Porte for a portion of the land which they lease from Southern lonics, Inc. - which is covered under Ordinance 2007-IDA-20. Staff recommends City Council authorize the execution ofIndustrial District Agreement with Kior, Incorporated: Ordinance No. 2007-IDA-ll4 Kior Inc. Action Required bv Council: Co . r approval of the ordinance 2007-IDA-114 authorizing the execution by the City of La rte I dustrial District Agreement listed above. nai/; ~ 4/6/20099:31 AM/S:/finance director/fraud.doc askins & askins p.c. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. Askins February 26, 2009 Ms. Kathy Powell Tax Assessor Collector City of La Porte City Hall La Porte, Texas Dear Kathy: Kior, Inc. has executed and delivered to my office, an IDA for the portion of land which it is leasing from Southern Ionics, Inc., for a 3 year term, with renewal options. I have prepared and enclosed with Martha's copy of the letter, a contract approval ordinance for the City Council meeting of March 9, 2009. Kathy, please prepare the agenda request. I have signed approval on each copy of the contract. Each copy needs to be signed by Ron Bottoms, City Manager, and signed by Mayor Porter, and Mayor Porter's signature should be notarized on each copy. Martha, when approved, please forward a certified copy of the approval ordinance to Mr. G. E . (Gene) Staggs of Kior, at the address shown below. Thank you for your kind assistance in this matter. KWA: sw Enclosures cc: Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas ?Z:;( truly, Knox W. Askins City Attorney City of La Porte 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net Powell February 26, 2009 page 2 KWA: sw Enclosures cc: Mr. Ron Bottoms City Manager City of La Porte Mr. G.E. (Gene) staggs Controller Kior Inc. 2600 South Shore Blvd. #100 League City, TX 77573 Mr. Hugh L. Landrum 12621 Featherwood #325 Houston, TX 77034 Mr. Hanson Gilan American Property Tax Service 12702 Century Drive #A Stafford, TX 77477 ORDINANCE NO. 2007-IDA-114 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH KIOR, INC., A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 1,2008, AND ENDING DECEMBER 31,2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Kior, Inc., a Delaware Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 17/~~day of Arlo I . 2009. CITY OF LA PORTE ~L?~ Alton Porter, Mayor ATTEST: . dfl~ , 2 1H 9 NO. 2007-IDA- '. . 9 STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and KIOR, INC., a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or jUdicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections I, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property") ; provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . C. Company and City agree that the following percentages ("Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 2011: 62% Value Year 2012 : 62% Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 63% Value Year 2017: 63% Value Year 2018: 63% Value Year 2019: 63% Company taxes" personal of: agrees to pay to City an amount of "in lieu of on Company's land, improvements and tangible property in the unannexed area equal to the sum 3 1 . Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty-five percent (25%), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3 . Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act i provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI (B), Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the city or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make paYment to City of any additional paYment due hereunder, or City shall make paYment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" paYments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed port ions, pI us (b) the total amount of the " in lieu" paYments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" paYment and total paYment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in paYment of "in lieu of taxes" paYments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: KIOR, INC. (COMPANY) Attention: Department Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: 9 Plant Manager Phone: Fax: Email: ~~~'J !S~~~:~J '([~CL("j .e... IA -r i.. /7 5u? 28,_ (Ptt ~ J-8'7t18 ILrv'll" 1rI. kD"."ell... e"K.dv'. &u-1 Name: Address: Tax Agent/Billing Contact :~~~ssd~1%~~~;~~tJ:+Y 74~ 5~,~ Phone: 28/.. 7~"tO-() I D I Fax: 7~ 1- 2-aro -l)~o~ Email: ~.....~9.1~...(../1 ~ ~~~:, .r~ ENTERED INTO effective the 1st day of January, 2009. KIOR, (COMPANY) By: Name: Fred nnon Title: Pr 1dent Address: ~/3"{l1 ~)~el _1U~ _S"e;7 , ATTEST: ~~{J.~ Ci Y ecretary By: CRY.O; LA PO~ ~L..~ n E. Porter APP~ tJ ~ Knox W. Askins City Attorney City of La Porte ~ Ron Bottoms City Manager By: P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 . This instrument was acknowledged before me on the 01 "'ft.'day of :Jth^u/U...~ ' 200-.i, by Fred Cannon, President of KIOR, INC., a Delawar ' corporation, on behalf of said entity. ~'o Notary VIOLA J. HERNANDEZ Nolaly Public. Stale 01 Texas My Commission Expires 09-12.2010 STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 ~ ..'his h[ o te, a instrument was acknowledged before me on the ~day of , 200Q, by Alton E. Porter, Mayor of the City of La municipal corporation, on behalf of said entity. ~ - - - - - ~~ ;?P~I~C~~Of Texas @ ItWION ... __ CoIM..... ..... IepMmber 12. lOOt - ... 11 -EXHIBIT AD (Metes and Bounds Description of Land) 12 I ~ l~ l'I 0 ~ . Ii '!J ~ :t :8 i a i K i .K ;s w,MOt ,I i i -- .~ ! r I . I !I oj ,.(101 ~I " w IitOl . S: . !I I .~. i , .~...I i ... i ~ I j I I ~-.. 1 , , ftl"!P.. r I 11 "ABIT DEXHIBIT BD Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 nEXHIBIT en Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for businesses shall not exceed 350 square feet. multiple . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adj acent to initial 50' of said easement contiguous to 225, or State Highway following techniques: said 100' strip is developed, the strip beyond any existing pipeline either Fairmont Parkway, State Highway 146 shall be screened by one of the a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 DEXHIBIT CD Page 2 of 3 b) The use of earthen berms with approximately 3: 1 side slopes, SO' wide at the base and 8 I high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the SO' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a SO' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (SO') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto state Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of Parkway shall be subject to the rules Harris County and provlslons of the Ordinances, whichever is more restrictive. land onto Fairmont and regulations of City's Code of 15 REXHIBIT CR Page 3 of 3 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. s. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 c. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Budl!:et Requested By: Ken Adcox Source of Funds: Department: Polite Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution for Crime Victim's Liaison Grant Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Per the Texas Code of Criminal Procedure, Section 56.04, (c), "Each local law enforcement agency shall designate one person to serve as the agency's crime victim liaison." The duty of the crime victim liaison is to ensure that a victim, guardian of a victim, or close relative of a deceased victim of a bodily injury crime, is afforded the rights granted victims, guardians, or close relatives of deceased according to the law; including notification of victim's rights, providing victims with crime victim's compensation assistance, referring them to community resources and providing moral support during any time the victim is required to make a court appearance. The City of La POlte received an initial grant award for its Victims Assistance Liaison position from the Office of the Attorney General in February, 2002. Since that time, the position has in part been funded through this grant. This position has proven very valuable to the City of La Porte. For calendar year 2008, the La Porte Police Depmiment's Crime Victim's Liaison served a total of six hundred and fifteen (615) victims who have been awarded approximately thirty thousand eight hundred thirty three dollars ($30,833.00) in Crime Victim's Compensation. Since the programs inception, over two hundred and eighty-nine thousand ($289,000.00) in compensation has been awarded to La Porte crime victims and their families with the assistance ofthe Crime Victim's Liaison. We are seeking approval through Resolution for the City Manager to submit for a two year continuation grant for the Crime Victim's Liaison position, in the amount of thirty-nine thousand dollars ($39,000.00) a year. This is the maximum amount allowed by the Office of the Attorney General. The City will have to absorb approximately twenty-one thousand dollars ($2] ,000.00) each year in its personnel operating budget to covel' salary and benefits relating to this position. Legal Name of Applicant: City of La Porte Unique Application Number: V0052-10-1089 Be it known asfollows: WHEREAS, The City of La Porte has applied for or wishes to apply to the Office of the Attorney General, (OAG) Crime Victim Services Division for the Victim Coordinator and Liaison Grant (VCLG); and WHEREAS, the City Council of The City of La Porte has considered and SUppOlts the Application filed or to be filed with the Office of the Attorney General; and WHEREAS, The City of La Pmte has designated or wishes to designate the following individual as the "Authorized Official" who is given or has been given the power to apply for, accept, reject, alter or terminate the Victim Coordinator and Liaison Grant (VCLG) with the Office of the Attorney General (OAG), Crime Victim Services Division as well as given the authority to sign all grant adjustment requests, inventory repmts, progress reports, and financial reports or any other official documents related to the grant on behalf of the grantee: Authorized Official: Ron Bottoms Position Title: City Manal!er THEREFORE, BE IT RESOLVED that The City of La POlte approves subn ission of the application for the Victim Coordinator and Liaison Grant to the Office of th ttorney General, Crime Victim Services Division as well as the designation of the Au r ed Offi . al. Attest: ~tttrJtU7<lH City S cretary A~i1'~' Mayor, City of La Porte * * * * D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2009 Requested By: S. Gillett ~ Department: Public Works Appropriation Source of Funds: Funds 033, 045,047 Account Number: Various Report: X Resolution: Ordinance: Amount Budgeted: $733,643.00 Exhibits: Engineer's Recommendation Amount Requested: $705,088.75 Exhibits: Bid Tabulation Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION On September 22, 2008, the City Council approved an agreement with Cobb Fendley & Associates to provide professional engineering services to provide design, bidding and consttuction phase services for the concrete pavement replacement of V alley Brook from Old Orchard to Hillridge and Antrim from Farrington to Piney Brook, and the replacement of a 12 inch water line along Valley Brook from Spencer Highway to Hillridge. A total of five (5) contractors prequalified for the Project in accordance with the City's Prequalification Ordinance. A total off our (4) bids were received on Apri12, 2009. See attached bid tabulation. Low bid was submitted by Angel Brothers Enterprises, LTD, Inc. in the amount of$667,588.75.The bid amount and budget for each phase of the Project is as follows. Description Site Work, Storm Sewer and Pacing Water Line Replacement Total Recommended Paving Contingency Recommended Utility Contingency Total Bid Recommendation Bid $565,470.50 102.118.25 $667,588.75 30,000.00 7.500.00 $705,088.75 Budget $623,900.00 109.743.00 $733,643.00 Action ReQuired bv Council: Authorizing the City Manager to execute a contract with Angel Brothers Ente 'ses, LTD for the replacement of Valley Brook from Old Orchard to Hillridge and Antrim from F . ngt n to Piney Brook, and the replacement of a 12 inch water line along Valley Brook from Spencer ighwa to Hillridge in the amount of $667,588.75 and authorize an additional $37,500 for contingency. i (1 ~ C] Date =1;= CobbFendley April 2, 2009 Mr. Steve Gillett Director of Public Works City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 VIA E-MAIL ORIGINAL BY MAIL Re: Contract Award Recommendation Valley Brook Drive Repaving and Waterline Replacement and Antrim Lane Repaving Sealed Bid #09013 CFA No. 0812-014-01-03 Dear Steve: The. bids for the subject project have been reviewed for completeness and accuracy. Please find the bid tabulations that have been prepared and attached It to this letter. Angel Brothers turned in the low bid of $667,588.75 and is also a reputable contractor in the area and registered through the City's pre-qualification process. Therefore CobbFendley is recommending that the contract for the subject project be awarded to Angel Brothers. If you have any questions or require additional information, Please contact me at (713) 462- 3242. Sincerely, cc: Chance Angel, Angel Brothers Ent., Ltd. File C:\WINDOWS\Temporary Internet Files\ContenLOullook\TQ062CFT\Bid recommendation.doc 13430 Northwest Freeway. $uite1100 I Houston. Texas 77040 I. 713.462.3242 I fax 713.462.3262 I wYIW.cobfen.com - c C1l E C1l (,) C'G Q. C1l 0::: C1l .5 i: S C'G ~ 0) c 'S; C'G Q. & .lII:: o o I- ea >. ~ ~ 0 0 0 0 0 W 0 0 0 0 0 Zz -.:i 0 0 0 ~ Wo CD I.() t'? ...- I() w_ t'? l"- I"- CD "l:t 0:::1- N CD 0 co tIS C)O l"- N I.() CO ('t) o~ ffl ffl I"- ...- o~ ffl ffl "l"" 01- ffl OU) 3:z 0:::0 ::)0 0 Z 0 0 0 0 0 0 ~ ~ 0 0 0:::0 --t ('t) 0 I.() N W- I"- I.() N ...- (0 ~~ CO 0 l"- t'? 0) r-: I.() N N r-: c(::) CD ...- N CO CO C)O::: ffl ffl I"- ...- 0) ,I- ffl ffl ffl 0:::U) J:Z mO 0 U) 0 0 0 0 0 0 ~ 0 0 ~ 0::: N 0 0 U') r0- O CO U') CO "l:t I() 3: I- CD CD ('t) ...- CO 0 ...- r-: CD -o:i 0) ~~ l"- N CO ~ N ffl ffl CD ...- 0) 01- ffl ffl ffl Z 0 0 U) 0 0 0 I.() I() U') 0 ~ C'! ro- ..JO::: 0 0 0 CO 0) WW N LO 0 ...- CO (,!)J: ~~ CD ~" ...- I() zl- N ...- ...- N ,..: c(~ ~ ...- ...- 0 (0 I.() ...- (0 ea ...J III ~ E c ~ 0 0 ~ I- Z ~ (,) I- ::s 0 0 I- i= 3: - III n. S c C2 0 III (i) 0 E 0 I- III U) "'C C1l C1l W C ~ E ~ c ('(J C1l .s CI) ~ (/) c E C) i: C1l C .s c I- 's; .s ('(J Ql ('(J 3: (,!) (/) c. ('t) "l"" o 0) o ~ c o ;; C'G :; .c ('(J t- :E OJ </) </) III U ~ a. C o ,.. ro ::l m a; <Il :S en C 'c ::J "0 ~ <Il "0 'iij C 8 <l> .0 ~ E ~ {l $ Q; € o -g ro >- "2 o Ol C '0 'C Co tl <l> "" ~ C o :p (\J E .$2 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April!3. 2009 1 . Requested By, Tim TletJeu. 1 Lf.-- ([,w Department: Plannine: Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A N/A Exhibits: Staff Report MSDG Package Ordinance Amount Requested: Bude:eted Item: N/A / SUMMARY & RECOMMENDATION Per previous request of City Council, the Planning and Zoning Commission has reviewed the Main Street Design Guidelines (MSDG) draft package as presented by the Main Street Advisory Board (MSAB) and makes recommendation regarding proposed ordinance to implement said guidelines within the Main Street District (MSD). The applicable material consists of: 1) A design guideline package generated by MSAB which, if adopted, would be distributed to all property owners and businesses within the MSD, and 2) An ordinance which amends Zoning Chapter 106, Article III Districts, Division 3 and Division 9 nonconforming which is the legislative action necessary to adopt the MSDG. The MSDG consists of three major parts: the Main Street Design Certificate (MSDC), the Enhancement Grant, and the Resource Services of the Texas Main Street Center; all of which are designed to retain and enhance the existing architectural uniqueness of Downtown La Porte. Proposed guidelines would allow architecturally appropriate exterior alterations or additions to existing buildings. A team of public and private professionals called the Design Assistance and Review Team (DART) appointed by City Council, is proposed to help facilitate the preservation of the MSD by determining appropriate design within the district, and by issuing a Main Street Design Certificate or recommending a Main Street Enhancement Grant. Elements of the MSDG are summarized as follows: Main Street Design Certificate (MSDC) - The Main Street Design Certificate is being proposed as a means to ensure a harmonious historic downtown that reflects its own history through architectural styles currently located in the Main Street District and those consistent therewith. This design certificate would be applicable to all exterior renovations, new construction, and demolition projects within Main Street Architectural Design Area. The DART would make recommendations to the City Manager for each certificate. The DART is intended to be promptly convened so as not to negatively impact the applicants. Any application disapproved can be appealed to the Planning and Zoning Commission. Main Street Enhancement Grant (MSEG) - The Enhancement Grant is a mechanism to partner with the business and property owners. It in essence offers a dollar-for-dollar cash match up to $25,000 for exterior improvements within the Main Street Architectural Design Area This applies to renovations or new construction that improve exterior appearance of the building and site. The DART would make recommendations to the City Manager for each certificate. Resource Material (RM) - Resource material is architectural design ideas, which offer redevelopment options for store fronts, new construction or infill development ideas, list suggested standards for rehabilitation, and present architectural styles appropriate for the Main Street District. Use restrictions are specifically not subject to, nor included in this proposal. Public Participation Process: The MSAB generated the MSDG proposal and made recommendation to approve November 13, 2008. The recommendation was forwarded to the Planning and Zoning Commission thereafter for review and vetting. In accordance with standard protocol, the Planning Commission conducted the required Public Hearing on February 19,2009. Their recommendation was to approve the ordinance proposal contingent upon making the architect DART member ex-officio, and adding a residentlbusiness requirement to both the architect and design professional. A written comment sheet was distributed with five returns in favor, six opposed. At the request of several public hearing constituents, the council presentation was scheduled for April 13 to allow at least six weeks for review. Prior to the required public hearing, the Commission also scheduled an additional workshop January 20, 2009 in which the draft guidelines were presented and general public comment was heard. A brochure was sent to those within 200 feet of the entire MSD to ensure an inclusive participation process. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments to adopt Main Street sign Guidelines and resources, and implement Main Street Design Assistance Review Team for issuance of Main et Design Certificates and Enhancement Grants for structures within the Main Street Architectural Design Area. Ron Bottoms, City Manager 16i~ Date Staff Report February 19, 2009 Main Street Design Certificate Zoning Ordinance Amendment Back2round: At their January 20, 2009, workshop meeting, the Planning and Zoning Commission discussed proposed amendments to the Zoning Ordinance (Chapter 106) Code of Ordinances pertaining to the Main Street Design Certificate. Proposed regulations will prevent architecturally inappropriate exterior alterations or additions to existing buildings. The design review team will help facilitate the preservation of the Downtown Main Street District by determining appropriate design within the district. Analvsis: The procedure to obtain Main Street Design Certificate is to contact the Main Street Development office first. Main Street Design Certificate is required for the following: . Construction of a new structure . Alteration or restoration of exterior features . Addition to a structure . Removal or demolition of any building or structure . Construction or erection of new sign . Removal or substantial alteration of signs . Applying new exterior siding material . Addition of new window, door etc. . Installation of burglar bars on interior or exterior of window . Creating a driveway or parking facility . Adding a satellite dish . Building a deck, fence, or garage . Enclosing a porch . Painting of siding, brick, or masonry . Landscaping, etc. Main Street Design Certificate will not be required for the following: . Replacement of existing mechanical equipment · Repairing or repaving of flat concrete work in side and rear yard . Roofing work, if no change in appearance occurs, e.g. color After initial consultation with the Main Street Coordinator, a predevelopment meeting will be scheduled with the Main Street Design Assistance Review Team (DART). The review will be based on the completed application, a scaled drawing, sample work, photographs, project estimates subject to additional submission and any other items related to the proposed project. Planning & Zoning Commission February 19,2009 Main Street Design Certificate Zoning Ordinance Amendments Page 2 of3 Main Street Design Certificate packet and application shall be available at the Main Street Coordinator's office. After submission of completed application, the MS DART will review and subsequently approve or disapprove the application by majority vote and decision made in this regard will be final. Upon receipt of Main Street Design Certificate by the Inspections Division, the building permit shall be issued. Other programs offered by the City of La Porte Main Street District are as follow: . Main Street Enhancement Grant . Downtown Design Guidelines & Resources Main Street Enhancement Grant - The program provides matching funds to enhance existing building design and will guide the Main Street Design Assistance Review Team for issuing a Main Street Design Certificate or approving a Main Street Enhancement Grant. This applies to renovations or new construction, but not to general maintenance that does not alter exterior appearance of the building. Reimbursement grants are available for the following types of projects: Fal(ade Rehabilitation/Enhancement New Awnings, canopies, porches, & signage Beautification projects Design GuidelinesIResource Material (RM) - Design guidelines/ Resource material is compact architectural design standards, which offer redevelopment options for store fronts, new construction or infill development ideas, list standards for rehabilitation, and present architectural styles appropriate for the Main Street District. The Main Street Design Assistance Review Team (MS-DART) would be appointed by City Council to have decision making abilities in order to streamline the review and approval process of the design certificate and enhancement grant. The review team will consist of eight members - four City staff and four community members. During the workshop meeting, the Commission discussed the formation of the design review team in detail. The Commission suggested one as non-voting member to streamline the process. Conclusion: The Main Street Design Certificate has been created to maintain a harmonious historic downtown that reflects its own history through architectural styles located in the Main Street District. Proposed regulations will prevent architecturally inappropriate exterior alterations or additions to existing buildings. The design review team is intended to help facilitate the preservation of the Downtown Main Street District by determining appropriate design within the district. Planning & Zoning Commission February 19,2009 Main Street Design Certificate Zoning Ordinance Amendments Page 3 of3 Actions available to the Commission are as follows: . Recommend to Council, approval of the above amendments pertaining to the Main Street Design Certificate. . Recommend to Council, approval of a revised version of the above stated. . Recommend to Council, denial of the proposed amendments. . Table this item for further consideration by the Commission. New, Renovation, or Demolition P & Z, 2-19-09 Design Certificate MAIN STREET DESIGN CERTIFICATE Application Instructions Please contact the Main Street Development office at 281-470-5017 to begin the application process. If you have any building or sign permit questions, please contact the Permit Division at 281-470-5074. The Main Street Design Certificate has been created to ensure La Porte maintains a harmonious historic downtown that accurately reflects it's own history through the architectural styles located in the Main Street District. WHEN A MAIN STREET DESIGN CERTIFICATE IS REQUIRED Design Certificates apply to renovations, new construction, and demolition projects when external alterations or repairs visually impact the aesthetics of an area, site, building, or structure within the confines of the Main Street Architectural Design Standards area (MS ADS - see map), such as the following alterations: . The construction of a new structure . The alteration or restoration of any exterior features . An addition to a structure . The removal or demolition, in whole or in part, of any building or structure . The construction or erection of a new sign . The removal or substantial alteration of existing signs when considered an historic resource . Applying a new exterior siding material . Addition of a new window, door, or dormer . Installation of burglar bars on interior or exterior of windows . Creating a driveway or parking facility . Adding a satellite dish . Building a deck, fence, or garage . Enclosing a porch . Painting of siding, brick, or masonry . Landscaping, etc. WHEN A MAIN STREET DESIGN CERTIFICATE Is NOT REQUIRED Ordinary maintenance and repair is any work, the sole purpose and effect of which is to correct deterioration, decay or damage, including repair of damage caused by fire or other disasters and which does not result in a change in the existing appearance or materials of a property. General maintenance that does not alter the exterior appearance of the building or site does not require a Design Certificate; however, some ordinary maintenance and repair may still require a building permit. Some examples of work not requiring a certificate may include, but are not limited to the following: . Replacement of existing mechanical equipment; . Repairing or repaving of flat concrete work in side and rear yards; . Roofing work, ifno change in appearance occurs; such as color How ToApPLY FORA MAIN STREET DESIGN CERTIFICATE 1. Contact the Main Street Coordinator (281-470-5017) as early on in your project as possible. After an initial consultation, the coordinator will schedule a predevelopment meeting with you and the Main Street Design Assistance Review Team (MS DART). This will give you an opportunity to receive guidance on City of La Porte - Main Street Program lof5 New, Renovation, or Demolition P & Z, 2-19-09 Design Certificate acceptable designs and ask questions before you begin the process of planning your project, as well as familiarize the MS DART with the general nature of your project. 2. Applications for a Main Street Design Certificate (MS DC) must be consistent with the City's Building, Zoning, and Fire Codes and go through the standard permitting process. Receipt of a Main Street Design Certificate is required before the Permitting Division or Planning Department may approve your plans. 3. Submit your completed Main Street Design Certificate packet to the Main Street Development office at 604 W. Fairmont Parkway. The packet should include the following: . A completed Main Street Design Certificate Application form . A scaled drawing by the project architect or design professional of all proposed work. . Include samples - such as paint samples, fabric swatches, sign material, etc. Provide any additional items that will enable the MS DART to envision the finished project. . Furnish photographs of the building's exterior, and any other site locations that are included in your application (photos are also required upon completion) along with historic photographs of the building. . Additional submissions may be requested if deemed pertinent to design review decisions. . Project estimates and any other items that will be helpful in conveying your vision to MS DART FACTORS CONSIDERED FOR CERTIFICATION Before approving an application, the MS DART must find that the application satisfies the following general criteria: . The architectural and historic integrity of an individual historic structure is preserved; . New buildings or additions should be designed to be compatible with the range of architectural styles found on the north side of the 300 block of Main Street - from the late 1800's to the 1950's; . Existing structures should either convert to their original historic condition or be renovated to resemble their current look; . The overall character of the Main Street District is protected and enhanced. The Main Street Design Guidelines & Resource Material have been compiled to help explain in general terms the aesthetics the MS DART is responsible for in the Main Street District. REVIEW & ApPROVAL PROCESS 1. Upon receipt, the Main Street Coordinator will review the packet to verify all pertinent information is enclosed. Once the completed packet is received it will be forwarded to the MS DART for their recommendation. If packet is incomplete, you will be notified and may be asked to pick it up and return it completed. 2. After due consideration, the MS DART will approve or disapprove the application by majority vote, and be signed by the City Manager's office. The best assurance you have for a project to be approved is to work closely with the MS DART at every juncture of your project. In an effort to make it feasible for you to resubmit a successful packet, they will state the reasons it was denied. The decisions made by the Main Street Design Assistance Review Team may be appealed to the Planning and Zoning Commission if resolution is not obtained. 3. Upon receipt of your Main Street Design Certificate, the Permitting Division and Planning Department may proceed with any applications you have on file with them. They cannot approve permits without a design certificate. City of La Porte - Main Street Program 20f5 New, Renovation, or Demolition P & Z, 2-19-09 Design Certificate MAIN STREET DESIGN CERTIFICATE ApPLICATION Please return your completed application, along with required attachments, to the Main Street Development office at 604 W. Fairmont Parkway. A Main Street Design Certificate is required before the Permit Division is able to grant you a permit. . Applicant Name Date . Business Name . Mailing Address . Contact Phone Email Address . Property/Building Owner Name Contact Phone . Property/Building Owner Email Address . Historical/Current Building Name . Physical Building Address . Type of Work: (check all that apply) _ Fa<;:ade Rehabilitation New Structure Demolition . Details of Planned Improvements (attach additional paper ifnecessary): . TOT AL ESTIMATED COST OF PROPOSED PROJECT: Applicant's Signature Date Property/Building Owner Signature (if different from above) Date FOR CITY USE: Recommendation MS Design Assistant Review Team, Chairman Signature Date Recommendation MS Design Assistant Review Team, Asst. Chairman Signature Date Recommendation City Manager or Designee Date City of La Porte - Main Street Program 30f5 New, Renovation, or Demolition P & Z, 2-19-09 Design Certificate City of La Porte - Main Street Program 40f5 New, Renovation, or Demolition %6- jiI P & Z, 2-19-09 , A~~ ~~~)~~~ ~ >;~!~:<~ ~'):?~?;~3S: \2';<;:;:.' ~ t~f%//\ ~t~~~~~ '~i~;0~~~;/~~:~~~~ . ~\ ~"<~/;::::::"f:~//~ / ;~;;:.;>': '/;::::.> :;;:;';~>;;:;:>\:',,:~:.~;~~. . r~::): r': </', ,./,>// //c'. . <:.,>::<>:;::,:,>><//~:., 14'./<::>; ~.,/:::<::'V I,;~~.;:";'~:' · i;r:,:~:,:~:;:;;~::i:':::;1;>;/; IJ~~.~r::~,~r~E;;~ <r:;::::~':;;::;}8 I'>:;::>;::;., ~ · ::?::;:} , .- ";.>;. ,;c;,;j/ 1//.>;:.';' :If //",// I,:; >~~ ~ ,:{:;:. :::;~:>?~ ,~,' '>' >;i;:/;(J.;> . //> :;::::,~; / .::<;;~~ :.:~~:S ;~;:;::~ ;>::.:,/:->>: /;',:: :.e: :;// ::>;: > . ~/:;<::':: //?/0;/ I) //;/;; I\;/ ""J' ;t~:i;C~?~; ,/ ,~:6 /?';::: '/ ,>.,.,;/. /. '/ j I S :'~'.;5<:( :<<>: .:< ..../:.>;:/ ,;: // ::8S:~:~ '/. ...t::. :::'e2~. i> >.,:;,:;- 1~:c::;.:::2 I:;;/:~~';i I ::;:~:> ~ I>;':;'::~:'~, I :::~ '//>:' I;:;';:;::> ;;;;::~;~/, >:~';;:8::::5:::>)'> 'f./ . <.//,,>: .. .' '/ './/>' :::,:~:~::::;~ :;::;;';:::/ I~;;~:::::;;;:I ,;,:~~;.~~;;:( , ONZN ! l~ :;: : ; ". : yO$' ~J ~ \i ~ City of La Porte - Main Street Program 'yiH . , . ,'. co .:._.. .,,~ Design Certificate O:li II c I! fi ~ 1 ! f S! 'ii 8 ~ c ... .. l- I ; I i I I i z .. 8 ~ ~ .. W c lIS l!! < III ... C III f g ~ f ~ i = ~ I ~lD~151 Z~ilr ;;:;: ~ .. 8 ::t _~ 2 Q e 'wi m" " :-.." ~~;>~ -/~ 50f5 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant MAIN STREET ENHANCEMENT GRANT Application Instructions Please contact the Main Street Development office at 281-470-5017 to begin the application process. If you have any building or sign permit questions, please contact the Permit Department at 281- 470-5074. The City of La Porte is a member of the Texas Main Street Program, which is part of the Texas Historical Commission. The Main Street Advisory Board works toward revitalizing and enhancing the unique character of Downtown through historic preservation and community involvement. As an economic incentive, the City of La Porte's Main Street Program designed the following incentive reimbursement grant program in partnership with the La Porte Development Corporation. PROGRAM DESCRIPTION The Main Street Enhancement Grant (MS EG) provides matching funds to enhance existing building design in the Main Street Design Certificate (MS DC) area (see attached map). Owners and tenants may be eligible for the reimbursement grant as incentive to partner with the City of La Porte to achieve a mutual goal of visually enhancing your business and the Main Street District. The review criteria may include, but shall not be limited to, project compliance with all current building standards, perceived need for proposed renovations to building, historical accuracy of proposed renovations, design quality of the proposed renovations, the compatibility of design in relation to other buildings, project compatibility with streetscape objectives and project compatibility in relation to downtown development goals at time of application. Definition of the MS EG: The La Porte Development Corporation is providing funds for up to a 50/50% reimbursement match for no less than $2,500 and no more than $25,000 per grant for work approved by the Main Street Design Assistance Review Team (MS DART). Multiple applications may be submitted for the same property of an aggregate up to $25,000 within a three (3) year cycle from the date of the initial grant on the same property. Example: If in year one the applicant is awarded $15,000, and in year two they are awarded $7,000, in year three they may be eligible for a matching grant of up to $3,000. Reimbursement grants are available for the following types of projects: . Fa~ade RehabilitationlEnhancement Definition: Work done on existing structures, such as removing non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, repairing facades, etc. MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant lof9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant . New Awnings, Canopies, Porches, & Signage Definition: Replacing, adding or repairing awnings, canopies, porches, & signs. Signs may include signboards, projecting signs, pedestrian signage, window signs, hanging signs, and awning/canopy sign. . Beautification Projects Definition: This may include public art, landscaping, and other beautification projects as approved by the Main Street Design Assistance Review Team. GRANT GUIDELINES 1. To be eligible for a Main Street Enhancement grant one must have received a Main Street Design Certificate. 2. Enhancement grant funds are available for exterior work on commercial property and building facades in the Main Street Architectural Design Standards (MS ADS) that are visible from public streets. 3. In general, grants are available for converting existing structures to the original historic condition or to renovate them to resemble their current look. 4. Grants will be processed and considered for award on a first-come, first-served basis until funds are depleted, or until the program ends, whichever comes first. 5. No grants will be awarded for work that has already been started or completed, or for work that is covered by insurance. If desired work is above what insurance will pay and is considered an upgrade and enhancement in the opinion ofMS DART it may be eligible for grant funds. 6. All grants will be awarded on a reimbursement basis once completed work has been verified by the MS DART as compliant with the plans proposed in the approved application. Any deviation from the approved grant project may result in the total or partial withdrawal of the grant. 7. All submitted work will be reviewed and grants awarded by the MS DART based upon general application of guiding principles, such as: . Receipt of a Main Street Design Certificate . Main Street Design Guidelines . project compliance with all current building standards, . perceived need by MS DART for proposed renovations to building, historical accuracy of proposed renovations, . design quality of the proposed renovations, . compatibility of design in relation to other buildings, . project compatibility with streetscape objectives, . project compatibility in relation to downtown development goals at time of application. MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 20f9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant 8. Grant applications and awards can be made in any of the reimbursable activities listed above and may be combined for any single property or project. An applicant is defined as an owner, tenant, or combination thereof occupying an eligible property within the MS ADS area. A single owner of multiple properties may apply for grant funds for each property owned but match must be for no less than $2,500 and may not receive more than $25,000 per property in a three (3) year period of time. GRANT ApPLICA TION PROCESS 1. Determine eligibility: Discuss project plans with the Main Street Coordinator. Coordinator will set up a pre-development meeting with the MS DART for guidance on your property. You may request an appointment through the Main Street Coordinator for free assistance in selecting exterior color schemes, sign designs, and obtaining renderings of building fa~ades. To schedule an appointment with the Texas Main Street Center's Architectural Assistance Program, contact the Main Street Development Office at 281-470-5017. The MS DG should be a reference guide when making any design improvements to properties in the Main Street District. The MS DG are available from the Main Street Development office at 604 W. Fairmont Parkway, La Porte, TX 77571. 2. Fill out MS EG application and sign the agreement form. All grant application packages must include: . A Main Street Design Certificate . A scale drawing by the project architect or design professional of all proposed grant work. . Include samples - such as color samples of paint, fabrics swatches, sign material, etc. Provide any additional items that will enable the MS DART to envision the finished project. . Itemized written work estimates on all project work from contractors or project architects. Self-contracted work will be reimbursed for actual legitimate expenses, excluding labor. . Furnish photographs of the building's exterior. The Applicant shall be required to furnish historic photographs, along with photos of the building's exterior, and any other site locations that are included as part of the Application request and shall provide photographs after the construction is completed, as a condition of final grant reimbursement. 3. Return the completed application form with all items listed above in #2 for each component of the application to the Main Street Development office at 604 W. Fairmont Parkway. 4. The approval process includes, but is not limited to the following: (a) All projects must meet current building standards and codes, as well as building permit requirements. (b) The MS DART shall consider only Applications which have been properly and fully completed and which contain all information required in the Application or requested. (c) All construction bids submitted by an Applicant must be current and must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor's or project architect's letterhead and shall contain the contractor's name, address, telephone number and shall itemize the bid in a manner that allows the MS DART to determine the bid components and authenticity of the bid. (d) Applicants receiving approval by the MS DART shall commence construction described in the Application within ninety (90) days from the date the grant is awarded. All Applicants must complete the construction described in the Application within one (1) year from the date the grant MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 30f9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant is approved. If the Applicant is unable to commence construction within ninety (90) days from the date the grant is approved or complete construction within one (1) year from the date the grant is approved, the Applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The MS DART shall not be obligated to allow extensions but may do so for good cause determined solely by them. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the MS DART. An extension denial cannot be appealed and shall be final. (e) As a condition of this grant Application, the Applicant consents and shall allow the MS DART to request City inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. (f) The MS DART shall have sole discretion in awarding grants. They shall award grants considering the grant amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program. (g) No Applicant has a proprietary right to receive grant funds. The MS DART shall consider any Application within its discretionary authority to determine what grant amount would be in the best interest of the grant program. (h) The Applicant shall be required to furnish photographs of the building's exterior, and any other site locations that are included as part of the Application request and shall provide photographs after the construction is completed, as a condition offinal grant reimbursement. (i) The Main Street Design Assistance Review Team has the final discretion with regard to funding and reserves the right to recommend modifications or reject any project or elements of any project. 5. Reimbursement: When the entire grant project has been satisfactorily completed, the applicant shall present the Main Street Development office with the following: . Copies of all paid invoices, including copies of cancelled checks and/or credit card receipts for a single payment reimbursement of the approved funding. . Photographs of all completed work. When the project has been reviewed and signed off by the MS DART, a reimbursement check will be issued. MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 40f9 City of La Porte - Main Street Program ~e. jiE H" " P & Z, 2-19-09 .L;~~~- ,":> '~...~\. ~/. .\c';"~2.;'~\ ~'~~ /~:~\; ~"~ ~;{~;:~;~ ~~<.~';::.~!;<';:~ ..< '<.;/:<: '- -:;....~ ,:>>>.;// .,,;/: · "'f,.r..' :/'Ci/j. <<:;:;' : .,4,:\./;::' X;~; ;:~.\ tJ1I":0. >. ://. ;;;.;~:;;:/ ;' /'.:'- ~> "\..... :<>;; >>;..:;/:;::; ~~:;..;>~.><~'1>; ://'. ,;;::.::;~~ ;;:(::<;);6~~..i< I ::::'~i':;~i:{.:,,,4~J:~ ~:;,;~(;.>:;:: ':.>;;~~f;;~ft2~. <;:>;>>,:;::;':;;: t<)<<';'::; :-../:" '..,::;/ >'.>: I;:::;~;~:/ L/: >;>;:./;; /' :>:;;~>:~,t::;>;>,;/o />}. /),,> Vi 1 .,' ::~:,~:~"t;:;%:;~;~;>;', ,'j/ '? ~ :;;~;'::;/r/////// << ..,., ~ 1 :>;>;;;~;/ ;?/ >.>:: f~i~..:..../;>/< :,,> /' :/:;:>; / ;:;;;/' 1 ...;>:> ::::.:;< >?:;::;.. ;..,>< 1<'>:::': t::~;;:;5:;": /~;~~; r.~: ~;::~~? I' ;";~;~~;~ ~/;/ I}~;;:~~:; I'S /;> >' "';;:;;:?;~ :;;-::>: '~~'/~/ /;>~;~:::. <<,,;..;/;; !/~//;/ ;~;;~~~;/,. I. s t~~,~ :~~::;;;>; ;.~~;:;:; ';:,:~~"/I{ 1<)';> /' Ifr;~/f?'<;~(' ~t;:::;;: I /:' ., .;/:-1-:; I :'.::;::{:<:i ; I ,::~~;>'" I ':;:;;::;: . . 1<>;" :/ I ,::;;.( ./ /. 1/,//;/ :>::/,' I';:??> ....1:/>;<< N.>;>>::.. , ./:./;"f t;>>;>: '///;'~ . , " l! "'~ 'I t.l~ ~ c .. . : '/ >';/ / :/ 1.../ /'.;:: '//;...;. :.. ~. 'l~. " .. -J7 "l.J- i l'f,~{ ~1:'rt !i~ MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team ; , : if' '" Enhancement Grant <..:. n~c ~~ '" II ~ I! f; ~ ! s:- i 0 8 ~ ~ Ii; ... &l e Ii It l- I ; ~ III !J :r; li ~ II >< ~ i e i I = ~ ~ lIS I!! < III ... ~ .., i y ~ i ~ i ~ ! Ii ,.... u ~ :Ii - Ii Z III III Z a I ~ ~ II!! 8 i ;-: [I)' // ~ 01; ." / ~ ...: <~ MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 50f9 City of La Porte - Main Street Program MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team P & Z, 2-19-09 Enhancement Grant MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 60f9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant MAIN STREET ENHANCEMENT GRANT ApPLICATION Please return your completed application, along with required attachments, to the Main Street Development office at 604 W. Fairmont Parkway, 2818-470-5017. A Main Street Design Certificate is required before the Permit Division, 281-470-5074, is able to grant you a permit. . Applicant Name . Business Name Date . Mailing Address . Contact Phone . Building Owner (if different from applicant) . Historical/Current Building Name . Physical Building Address . Type of Work: (check all that apply) _ Fal(ade Rehabilitation _ Signage Email Address _ Fal(ade - Paint-only _ Other, list _ Awnings . Details of Planned Improvements for Main Street Enhancement Grant: (attach additional paper ifnecessary) List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): I. 2. 3. 4. 5. MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 70f9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant MAIN STREET ENHANCEMENT GRANT ApPLICATION BUDGET DETAIL PROJECT EXPENDITURES CITY FUNDS REQUESTED ApPLICANT'S FUNDS TOTAL F A<;:ADE REHAB A WNINGs/SIGNS OTHERlLIST OTHERlLIST OTHERlLIST TOTALS A IT ACH EXACT COLOR SAMPLES, MODEL NUMBERS (WINDOWS, DOORS, ETC.), PHOTOS, SCALE ORA WING, ETC. OF WORK TO BE COMPLETED. PLEASE INCLUDE AS MUCH DETAIL AS POSSIBLE. . TOTAL ESTIMATED COST OF PROPOSED PROJECT: . AMOUNT OF GRANT REQUESTED (Up TO 50% OF TOTAL COST - $2,500 TO $25,000): Attach with all required samples, i.e. scaled drawings, paint samples, awning/canopy, sign design, etc., as well as photographs of building's exterior facade, and other project locations. Applicant's Signature Date MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 80f9 City of La Porte - Main Street Program P & Z, 2-19-09 Enhancement Grant MAIN STREET ENHANCEMENT GRANT ApPLICATION - AGREEMENT FORM Please return your completed application, along with required attachments, to the Main Street Development office at 604 W. Fairmont Parkway, 2818-470-5017. A Main Street Design Certificate is required before the Permit Division, 281-470-5074, is able to grant you a permit. I have met with the Main Street Design Review Assistance Team and fully understand the Main Street Enhancement Grant procedures and details established. I intend to use these grant funds for the renovation projects, as spelled out in the MS EG and application. I have not received, nor will I receive insurance monies for this revitalization project, or I have disclosed all pertinent insurance information needed. I understand that if I am awarded a MS EG by the MS DART, any deviation from the approved project may result in the partial or total withdrawal of the MS EG. If I am awarded a reimbursement grant for fa9ade, awning, signage, beautification, or other approved work, alterations should not be made within five (5) years from construction; otherwise, I may be required to reimburse the La Porte Development Corporation immediately for the full amount of the MS EG. Applicant's Signature Date Property/Building Owner Signature (if different from above) Date FOR CITY USE: Recommendation MS Design Assistant Review Team, Chairman Signature Date Recommendation MS Design Assistant Review Team, Asst. Chairman Signature Date Recommendation City Manager or Designee Date MS ADS = Main Street Architectural Design Standards MS DG = MS Design Guidelines MS DART = MS Design Assistance Review Team MS DC = MS Design Certificate MSD = MS District MS EG = MS Enhancement Grant 90f9 P & Z, 2-]9-09 Design Guidelines MAIN STREET DESIGN GUIDELINES PURPOSE The purpose ofthe guidelines and resource material is to help property owners and the Main Street Design Assistance Review Team determine the types of alterations, renovations, and changes within the Main Street District that will maintain the special qualities of historic downtown La Porte. This applies to renovations or new construction, but not to general maintenance that does not alter exterior appearance of the building. The guidelines apply only to the exterior of property in the Main Street District and will guide the Main Street Design Assistance Review Team in issuing a Main Street Design Certificate or approving a Main Street Enhancement Grant. There are several points to remember when using the guidelines and resource material: . Every building is unique. Even buildings that look identical have a few details or a setting that distinguishes them from any other buildings. This means that what is appropriate for one building may not be appropriate for another. Each building must be reviewed on an individual basis both by the property owner and by the Main Street Design Assistance Review Team. . Over the years, some buildings have been altered or details have been removed. Although it may be preferred to restore these buildings to their original appearance, the guidelines and the Main Street Design Assistance Review Team acknowledge that an exact restoration is not always economically practical. The Downtown Design Guidelines & Resources will: . Protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance that reflect distinctive and important elements of the unique heritage of La Porte . Foster civic pride by recognizing accomplishments of the past . Protect and enhance the attractiveness of Downtown to tourists and visitors and support and stimulate the economy · Ensure the harmonious, orderly and efficient growth and development of the Main Street District . Promote the economic prosperity and welfare of the community · Encourage the stabilization, restoration and improvement of property and property values. Maintain a generally harmonious outward appearance of both historic and modem structures, which are compatible and complimentary in scale, form, color, proportion, texture and material. These guidelines are presented to aid downtown property owners in La Porte to protect and enhance the historic resources of the community. City of La Porte - Main Street Program ] of3 P & Z, 2-19-09 Design Guidelines REDEVELOPMENT OF MAIN STREET DESIGN CERTIFICATE AREA Some areas are covered by the Commercial Area Requirements Sec. 106-443. See attached Main Street Architectural Design Standards (MS ADS) map for designated areas which are impacted by the Design Certificate. To capitalize on La Porte's urban design and architectural character, the following principles shall serve as a guide for future development in the Main Street District. In general, downtown should maintain the appearance that has naturally developed over time and architectural styles may range from the late 1800's through the 1950's. SETBACK & HEIGHT . Building heights shall not exceed 3 stories in designated area. . Commercial buildings should be built on the zero lot line with the main entrance facing the primary street. Comer entrances are an acceptable alternative for comer buildings MASSING . Long uninterrupted fac;:ade planes should not be constructed, they should maintain the natural rhythm of the historic 25'- 50' store fronts. A larger business may accomplish this visually by making the exterior look like different store fronts. . Building wall offsets (projections and recesses) and/or pilasters shall be used to break up the mass ofa single building into distinct vertical bays. Variations in roofline, materials, and color shall also be used to break up the massing. . All visible sides of a building shall have an articulated base and cap. The base shall align with either the kickplate or sill level of the first story. The cap shall be at the top ofthe building wall and may take the form of a cornice, or some other horizontal expression di~tinguished through design materials or colors. ROOF FORMS . Flat or sloped roofs with parapet walls shall be used on commercial buildings . Shall conceal rooftop equipment such as HV AC units FACADES & MATERIALS . Building facades shall emphasize clearly articulated main entrances using awnings, canopies, columns, pilasters and recessed entrances including side on comer lots . Window and door openings shall have a vertical orientation and align vertically between floors . Ground floors shall be 65-86% glazed. Upper floors shall be 35-65% glazed . Canopies shall be appropriate to a building's architectural style and shall not conceal significant architectural features. . The primary material (minimum of 90%) shall be brick, stone, stucco, block (not smooth-faced) wood siding or synthetic wood (such as Hardiplank) . Not allowed: sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, exterior burglar bars Exterior Wall Materials . The primary material (minimum of90%) shall be brick, stone, stucco, wood siding or synthetic wood (such as Hardiplank) . Not allowed: sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, exterior burglar bars City of La Porte - Main Street Program 20f3 ~$. ~ P & Z, 2-19-09 . s {l;.j( ~i1~ ~\. "\'~::' 1:~5~~';~f~~:'\ ,t 't;~c<" ~ .. l:f::~Z~:.';:C';:' ;~~~!i.' ,,, :~;,/ ~:::/,\ t<C/><" /:t '->> '~::':/i-~<~>, ;;,'~:i~";?{f;:~~~\ ,,<' '::2;~~:;~?::;~~':,:;~<, r .,,>.><{ ;",//> ;;,.:;,",:,!:o!" 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Ol '"'" ""' o .c- O , '" 0) .5 0) ." .:; " c OJ) ";;; 0) CI r-- N ""' o Of) N 0"- o d.. - I N N <id c... E ~ OJ) 2 c... ..... 0) ~ tl c "e<j ~ 0; 'C " <;; :::E " (,) .... ;::l o '" " i:.:: I " t:: o ~ '" .....l "'- o .0 iJ I '" " ,5 ;:; "'0 '3 c ::: OJ) ';;; " Q r-- N "'- o 'J:) N 0\ o do- - I N N" o(l ~ E '" .... OJ) 2 ~ 0) l:? <Zi ::: '0; :::E ~ oc Q) OJ ::E Q) Q .... ::s 0 '" ~ , '" Q) .5 t- o:; N -0 ""' 03 0 " t- N ~ Ol) or;:; Q) Cl 0\ o I 0\ - N N" o(l ~ , Q) t:: o ~ ro .....:i ""' o o U :: (;] .... Ol) 2 ~ ... Q) Q) .... cZi c 0(;] ::E P & Z, 2-19-09 MS DART MAIN STREET DESIGN ASSISTANCE REVIEW TEAM Makeup & Purpose The Main Street Design Assistance Review Team (MS DAR1) is to be appointed by City Council to have decision making abilities in order to streamline and make the approval process ofthe MS Design Certificate and the MS Enhancement Grant friendly and easy to use for the consumer. The purpose of the MS DART is to become familiar with the architectural direction being taken for Downtown revitalization so they are able to give consistent guidance to the community andfill their responsibility in both the MS Design Certificate and the MS Enhancement Grant. A similar model is used in Pasadena for their Fa<;:ade Grant program; and they have certain groups of people serving on it, such as what is listed below: CITY STAFF . Main Street Coordinator . Economic Development Coordinator . Planning Department Director . Permit Director COMMUNITY MEMBERS . ArchitectlLandscape Architect - ex-officio . Design Professional . MSAB member . MS Business Owner City of La Porte - Main Street Program 10f1 THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of February, 2009, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on proposed amendments to the Zoning Ordinance, Chapter 106 of the Code of Ordinances pertaining to the Main Street Design Certificate, Design Guidelines, Resource Material, and Design Assistance Review Team for the Main Street Architectural Design District. 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 FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-47/-5020 OR TDD LINE 28/-47/-5030 FOR FURTHER INFORMA TION. EXHIBIT A THE STA OF TEXAS COUNTY F HARRIS I CITY OF PORTE ' , ", " . , th /J. ;.~J' O~~B,ur;~, ~e:~:e~~571 ~ ""c~ordance~wn~. the j provisions ,01.. .~ectlon I 106-171 of the Cope, of: Ordinances 01 the , ~ityOf 1 La Porte, and the jProvi- i sionsi ol.the, 'lex~ .,Local , Government Code, l notice ' is ,hereby ,gi~n ttiat the I La porte Pla,nnir$l an,d, Zoning Commlsslqn Will conduct a, public J hearing at 6:00 P.M. onlhe 19th day .' of FebrU81!> { 2009'1 in . .' the 'Council',j:;hambers. I 01 the City Hall, '604 West Fairmont 'parkv1lly, La Porte,. '. Texas. e pur- pose of' this h ring iS,to ieeeive"public' input on1 ~~pose~O~i~;e ~:i~ai1~'.~f La Porte Chapter 106, o the CoOe, ~ th~rd~:i~ce~ ' ~e~~::~~ ty of Harris Certificate, De~gn. Gui?e- 1fT lines, Resource Matenal, 10 exas and Design i Assistance' .Review Team for , the Main Street Architectural I Design Distnct. ~; l e me, the undersigned authority, on this date came and A regular mlflting" 01 the: 6~~~7isi~n> d jZ~71~;:tred Adam Yanelli, a duly authorized representative of The ~ue~~~bli:Of 'llCt~ngfo\:~'Ore Sun, a semi-weekly newspaper published and generally the . public. eanng ITems ~r~. '....~.'....p ...~....;..~. ;;.'. "..t,~~.'..m.....::;,)uted in the City of La Porte, Harris County, Texas and who after ~~:}~~;t~~Ys~~~~e sW~~;~o:he attaChed. notice was published in The Public H will,,, be';, r8-'i ' quired "ter.' sign r in, b~fore the meeting'is convened, ' TheB 281-471-1234 Fax 281-471-5763 re Sun 'Serving the Bavshore Area Since 1947' Re: PUBLIC NOTICE CITY OF LA PORTE MAIN ST ARCHITECTURAL DESIGN Sworn and subscribed before me this 3rd day of February ,2009. ~~~- Deborah Sue Stout Notary Public Harris County, Texas My Commission Expires 03-13-2012 EXHIBIT B City of La Porte Established 1892 February 23, 2009 Honorable Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment - Main Street Design Certificate Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on February 19, 2009, held a public hearing to receive citizen input on a proposed amendment to the Zoning Ordinance (Chapter 106 of the Code of Ordinances), adopting Main Street Design Guidelines and Resources, and implement Main Street Design Assistance Review Team for issuance of Main Street Design Certificates for structures within the Main Street Architectural Design Area. The Planning and Zoning Commission, by a 5-2 vote, recommends that City Council consider approval of an amendment related to the Main Street Design Certificate. Respectfully Submitted, ~~ Hal Lawler Chairman, Planning and Zoning Commission c: Ron Bottoms, City Manager John Joems, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 EXHIBIT C JY~ ~ t: THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of April, 2009, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on proposed amendments to the Zoning Ordinance, Chapter 106 of the Code of Ordinances to adopt Main Street Design Guidelines and Resources, and to implement the Main Street Design Assistance Review Team for issuance of Main Street Design Certificate for structures within the Main Street Architectural Design Area. 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 FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. tXHIBllD PUBLIC NOTICES 18th Street Texas 77571 1::~; The B of the City of and the provi-, ' , the Texas Local I nt Code, notice y g~n .that the I e City Council will i a public hearing II' P.M. on the 13th. , April, 2009, in the I' Chambers 'of the aU,604 Wllst Fair- Porte Parkway, La Porte, I ,The purpose ,Ofl Harris earing ,. ~ to receIve input on proposed exas dments to the Zon- Ordinance, , ' chapter.1 of the Code of Ordi- I ... :....""'::....::\e, the undersigned authority, on this date came and . Plem:~rurc~~, a~(jM,al~l\ Adam Yanefli, a duly authorized representative of The t Design AssIstance ,lwiew Te~ for iSSU-\ Sun, a semi-weekly newspaper published and generally ce of Main Street, De- , i;~s c:~~:te ::~~~~, in the City of La Porte, Harris County, Texas and who after . i~~~rea,ArchttecluralDe- r sworn, swears the attached notice was published in The .. "Sun dated 3/29/09 regular meeting ,of the, ' . City Council will follow,the ;publichearing for the pur- {pose of 'acting upon, the public hearing items and . to conduct other., matters pertaining to the Council. \'," ,Citizens " wishing ,to ,ad-II' _ dress the Council pro or!, con during the, Public i , Hearing will be required ,to sign in before ,the i meeting is convened, 281-471-1234 Fax 281-471-5763 'Serving the Bavshore Area Since 1947 ' Re: PUBLIC NOTICE CITY OF LA PORTE MAIN ST. DESIGN GUIDELINES Sworn and subscribed before me this 31 st day of March ,2009. My Commission Expires 03-13-2012 EXHIBIl E LA PORTE CODE Sec. 106-443. Table B, commercial area requirements. (a) Table B, Commercial area requirements. TABLE INSET: Adjacent Minimum to Minimum Maximum Yard Residential Maximum Bldg. Uses Landscaping Lot Setbacks Minimum Height Design Required Coverage F.R.S. Yard (feet) 9, Standards 5 1,3,4, Setback 10 8 6, 7 F.R.S. 2,6 R-3 uses (permitted) except residential single- family, detached and 6% Density Intensity Regulations Specified in Table special lot, B, area requirements, section 106-333 9 duplexes, quadruplexes, townhouses, and multifamily CR Comm. Recreation Dist.; all permitted or conditional NC Neighborhood Comm.; all 6% 50% 20-10-0 20-10-10 N/A 9 permitted or conditional GC General 100% Comm.; all permitted or 6% 40% 20-10-0 20-20-10 N/A 9 masonry 8 conditional Outside sales Same as N/A N/A 5-5-5 principle N/A or services use Same as See Outside N/A N/A 20-10-5 principal section storage 106- use 444(b) a:yl-U! ~ _.. . II IT f Freestanding on-premIses See article VII of this chapter sIgns Freestanding on-premIses signs located in controlled See article VII of this chapter access highway corridors 100% Main Street 6% 60% *-20-5 *-0-0 N/A masonry 8 Main Street N/A 80% 0-20-0 N/A 30 ft. 10 106-513(e) Overlay (b) Footnotes to Table B. 1 A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. 2 Screening is required in conformance with section 106-444(a). 3 All yards adjacent to public right-of-way must be a minimum often feet. 4 The minimum setback adjacent to any utility easement shall be three feet. 5 See article V, division 4 of this chapter for additional requirements. 6 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 7 *Within the Main Street District the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. \Vithin the Main Street District and Overlay, maximum height is yet to be determined. 8 a) Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b) Existing buildings shall also conform to this requirement upon expansion of over one-third of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value, the structure shall conform to the above requirements. These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut Boulevard; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street; additionally, these provisions shall apply to all new developments and buildings located within the Main Street District, regardless of whether adjacent to and along said thoroughfares, roadways, or collector streets. Structures located within Main Street Overlay are subject to Section 106-513(3) of this Code. The following are exempt from the above requirements, unless otherwise required by applicable building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise business with an established theme. 9 Maximum allowable height for structures within all commercial zoned properties, (including R-2 and R-3 uses therein) located within 120 feet ofR-1 and LL zoned properties is 30 feet. 10 Maximum height of structures within portion of Main Street Overlay, on West Main Street between east side of State Highway 146 right-of-way line and west side of Broadway Street right-of-way line, is 30 feet; no maximum height limitation shall apply to structures located within portion of Main Street Overly from east right-of- way line of Broadway Street to Kansas Street. Sec. 106-479. Special regulations and procedures. Refer to articles IV; V, VI and VII of this chapter. Sees. 106-480-106-495. Reserved. Subdivision IV GC General Commercial District Sec. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. Sec. 106-497. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses, section 106-441. Sec. 106-498. Density/intensity regulations. Refer to Table E, commercial area requirements, section 106-443. Sec. 106-499. Special regulations and procedures. Refer to articles IV; V, VI and VII of this chapter. Sees. 106-500-106-520. Reserved. Subdivision V Main Street District with Overlay Sec. 106-510. Purpose; Main Street district; Main Street overlay district defined. The purpose of the Main Street district is to preserve the charter of the original Main street area of La Porte. The intent of a Main Street district within an overlay area is to allow greater flexibility of normal city requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered. The general boundaries of the Main Street overlay portion of the district shall extend from SH 146 to Kansas, and include the properties along both sides of Main Street. These properties are bounded on the north by the alley located north of parallel to Main Street and on the south by the alley located south of and parallel to Main Street (see map). The general boundaries of the Main Street district shall be from SH 146 eastward to Kansas St. on both sides of Main Street from the alley one-half block north to the alley one-half block south of Main Street. The overall boundary shall be SH 146 to Kansas plus one block south (1 st and W. "B" to Virginia and back up to E. "A"). (see Map) (Ord. No. 1501AAAA, ~ 6, 10-11-04) Sec. 106-511. Permitted, accessory, and special conditional uses. Commercial and all residential activities are permitted, except warehousing and storage; however, if owned by or incidental to a primary business they would be allowed as indicated in Table A, Main Street Overlay uses, section 106-441 (Ord. No. 1501-AAAA~ 6, 10-11-04; Ord. No. 1501-MMMM, ~ 6(Exh.F), 4-25-05 Sec. 106-512. Density/intensity regulations. Refer to Table B, Main Street overlay requirements, section 106-443 (Ord. No. 1501-AAAA, ~ 6, 10-11-04) Sec. 106-513. Special regulations and procedures. a. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the overlay portion of the Main Street district. Alley ways within the district shall be considered as driving aisles for the purpose of parking requirements. b. Each business is allowed one wall sign not to cover more than 25 percent of the their exterior fa<;ade, as well as one shingle with a maximum face of 15 square feet per side and a required eight feet minimum clearance. c. When most of a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. d. Property owners are not required to install sidewalks within the district. e. A Main Street Design Certificate, for alteration or addition to exterior portion of structures located within the Main Street Overlay, herein referred to as the Main Street Architectural Design Area, is reauired for the following: 1. Construction of a new structure 2. Alteration or restoration of any exterior features 3. Addition to a structure 4. Removal or demolition, in whole or in part, of any building or structure 5. Construction or erection of a new sign 6. Removal or substantial alteration of existing signs of historic in nature 7. Applying a new exterior siding material 8. Addition of new window, door, or dormer 9. Installation of burglar bars on interior or exterior of windows 10. Creating a driveway or parking facility 11. Adding a satellite dish 12. Building a deck, fence, or garage 13. Enclosing a porch 14. Painting of siding, brick, or masonry 15. Landscaping, etc. Main Street Design Certificate is not reauired for the following: 1. Replacement of existing mechanical equipment 2. Repairing or repaving of flat concrete work in side and rear yard 3. Roofing work, ifno change in appearance occurs, i.e. color Application for the Main Street Design Certificate: 1. Contact the Main Street Coordinator. 2. Application must be consistent with the City's Code of Ordinances, zoning, building and fire codes and should include the following: a. Completed application form b. A scaled drawing by the proiect architect or design professional of all proposed work c. Include samples such as paint, fabric swatches, sign material etc. d. Furnish photographs of the building exterior, and any other site location e. Additional submissions may be requested if deemed f. Provide proiect estimates and any other items helpful in conveying VISIOn Design Guidelines Adopted A document entitled Main Street Design Guidelines, and as same may be amended, is hereby adopted, a true and correct copy of which is on file in the office of the City Secretary. The Main Street Design Guidelines shall guide the Main Street Design Assistance Review Team in evaluating a Main Street Design Certificate application and making a recommendation for its approval, denial, or modification. Review by Main Street Design Assistance Review Team 1. The Main Street Design Assistance Review Team (MS DART) shall consist of eight (8) members, including seven (7) voting members and one (1) ex officio member, all of which to be appointed by the La Porte City Council, and to serve without terms. The MS DART shall function in an advisory capacity only. 2. The MS DART shall. after considering an application for a Main Street Design Certificate. forward its written recommendation to the City Manager. for his or her review. The City Manager. after receipt of the MS DART's recommendation. shall make the final determination for approval. denial. or modification of the Main Street Design Certificate application. Appeal. Any person aggrieved by a decision of the City Manager. after same has received and ruled on a recommendation from the Main Street Design Assistance Review Team (MS DART) relating to an application for a Design Certificate may. within 30 days of the receipt of the City Manager's ruling. file a written appeal with the Planning and Zoning Commission for review of the decision. The appeal application shall be heard before the Planning and Zoning Commission within 60 days of receipt of the appeal. and any ruling of the Commission shall be final. Non-conforming Buildings. Structures. Lots of Record & Uses: Regarding external building improvements contemplated in accordance with the Design Certificate guidelines within the Main Street Architectural Design Area. a change in occupancy. ownership. or use. shall not constitute abandonment or loss of non- conforming unless same occurs as a result of exterior building alterations from an otherwise required Main Street Design Certificate. Repairs and Maintenance. On any nonconforming building exterior or portion thereof. maintenance and repair the sole purpose and effect of which is to correct deterioration. decay. or damage caused by fire or other disasters and which does not result in a change in the existing appearance or materials of the property. or for the replacement of non-bearing walls. fixtures. wiring. or plumbing. may be permitted without the issuance of a Main Street Design Certificate. provided that the total square footage of the structure existing during the period the structure became nonconforming. shall not be increased. This rule shall prevail over any contrary provision in this chapter. No vested interest. No developer or property owner shall acquire any vested interest in this section or specific regulations contained herein. This chapter and regulations may be amended or repealed by the City Council in the manner provided by law. Main Street Design Certificate required It shall be unlawful for any person or entity to make any external alterations. additions. or upgrades to structures located with the Main Street Architectural Design Area. as required by this section. without first obtaining a Main Street Design Certificate. A violation of this section shall constitute a Class C Misdemeanor. Conflicts with other Ordinances Where there is a conflict between the requirements of this section and other requirements in this chapter, or building, fire, or other codes as adopted by the City of La Porte, or other applicable law, the more restrictive requirements apply. Refer to articles IV, V, VI and VII of this chapter for further regulations and procedures. (Ord. No. 1501-AAAA, S 6, 10-11-04) LA PORTE CODE Sec. 106-443. Table B, commercial area requirements. (a) Table B, Commercial area requirements. TABLE INSET: Adjacent Minimum to Minimum Maximum Yard Residential Maximum Bldg. Uses Landscaping Lot Setbacks Minimum Height Design Required Coverage F.R.S. Yard (feet) 9, Standards 5 1,3,4, Setback 10 8 6, 7 F.R.S. 2,6 R-3 uses (permitted) except residential single- family, detached and 6% Density Intensity Regulations Specified in Table special lot, B, area requirements, section 106-333 9 duplexes, quadruplexes, townhouses, and multifamily CR Comm. Recreation Dist.; all permitted or conditional NC Neighborhood Cornrn.; all 6% 50% 20-10-0 20-10-10 N/A 9 permitted or conditional GC General 100% Comm.; all permitted or 6% 40% 20-10-0 20-20-10 N/A 9 masonry 8 conditional Outside sales Same as N/A N/A 5-5-5 principle N/A or servIces use Same as See Outside N/A N/A 20-10-5 principal section storage 106- use 444(b) IXHISIT , Freestanding on-premIses See article VII of this chapter sIgns Freestanding on-premIses signs located in controlled See article VII of this chapter access highway corridors 100% Main Street 6% 60% *-20-5 *-0-0 N/A masonry 8 Main Street N/A 80% 0-20-0 N/A 30 ft. 10 106-513(e) Overlay (b) Footnotes to Table B. 1 A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. 2 Screening is required in conformance with section 106-444(a). 3 All yards adjacent to public right-of-way must be a minimum often feet. 4 The minimum setback adjacent to any utility easement shall be three feet. 5 See article V, division 4 of this chapter for additional requirements. 6 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 7 *Within the Main Street District the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. 8 a) Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b) Existing buildings shall also conform to this requirement upon expansion of over one-third of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value, the structure shall conform to the above requirements. These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut Boulevard; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street; additionally, these provisions shall apply to all new developments and buildings located within the Main Street District, regardless of whether adjacent to and along said thoroughfares, roadways, or collector streets. Structures located within Main Street Overlay are subject to Section 106-513(3) ofthis Code. The following are exempt from the above requirements, unless otherwise required by applicable building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise business with an established theme. 9 Maximum allowable height for structures within all commercial zoned properties, (including R-2 and R-3 uses therein) located within 120 feet ofR-l and LL zoned properties is 30 feet. 10 Maximum height of structures within portion of Main Street Overlay, on West Main Street between east side of State Highway 146 right-of-way line and west side of Broadway Street right-of-way line, is 30 feet; no maximum height limitation shall apply to structures located within portion of Main Street Overly from east right-of- way line of Broadway Street to Kansas Street. Sec. 106-479. Special regulations and procedures. Refer to articles IV; V, VI and VII of this chapter. Sees. 106-480-106-495. Reserved. Subdivision IV GC General Commercial District Sec. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. Sec. 106-497. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses, section 106-441. Sec. 106-498. Density/intensity regulations. Refer to Table E, commercial area requirements, section 106-443. Sec. 106-499. Special regulations and procedures. Refer to articles IV; V, VI and VII of this chapter. Sees. 106-500-106-520. Reserved. Subdivision V Main Street District with Overlay Sec. 106-510. Purpose; Main Street district; Main Street overlay district defined. The purpose of the Main Street district is to preserve the charter of the original Main street area of La Porte. The intent of a Main Street district within an overlay area is to allow greater flexibility of normal city requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered. The general boundaries of the Main Street overlay portion of the district shall extend from SH 146 to Kansas, and include the properties along both sides of Main Street. These properties are bounded on the north by the alley located north of parallel to Main Street and on the south by the alley located south of and parallel to Main Street (see map). The general boundaries of the Main Street district shall be from SH 146 eastward to Kansas St. on both sides of Main Street from the alley one-half block north to the alley one-half block south of Main Street. The overall boundary shall be SH 146 to Kansas plus one block south (1st and W. "B" to Virginia and back up to E. "A"). (see Map) (Ord. No. 1501AAAA, S 6, 10-11-04) Sec. 106-511. Permitted, accessory, and special conditional uses. Commercial and all residential activities are permitted, except warehousing and storage; however, if owned by or incidental to a primary business they would be allowed as indicated in Table A, Main Street Overlay uses, section 106-441 (Ord. No. 1501-AAAAS 6, 10-11-04; Ord. No. 1501-MMMM, S 6(Exh.F), 4-25-05 Sec. 106-512. Density/intensity regulations. Refer to Table B, Main Street overlay requirements, section 106-443 (Ord. No. 1501-AAAA, S 6, 10-11-04) Sec. 106-513. Special regulations and procedures. a. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the overlay portion of the Main Street district. Alley ways within the district shall be considered as driving aisles for the purpose of parking requirements. b. Each business is allowed one wall sign not to cover more than 25 percent of the their exterior fa9ade, as well as one shingle with a maximum face of 15 square feet per side and a required eight feet minimum clearance. c. When most of a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. d. Property owners are not required to install sidewalks within the district. e. A Main Street Design Certificate, for alteration or addition to exterior portion of structures located within the Main Street Overlay, herein referred to as the Main Street Architectural Design Area, is required for the following: 1. Construction of a new structure 2. Alteration or restoration of any exterior features 3. Addition to a structure 4. Removal or demolition, in whole or in part, of any building or structure 5. Construction or erection of a new sign 6. Removal or substantial alteration of existing signs of historic in nature 7. Applying a new exterior siding material 8. Addition of new window, door, or dormer 9. Installation of burglar bars on interior or exterior of windows 10. Creating a driveway or parking facility 11. Adding a satellite dish 12. Building a deck, fence, or garage 13. Enclosing a porch 14. Painting of siding, brick, or masonry 15. Landscaping, etc. Main Street Design Certificate is not required for the following: 1. Replacement of existing mechanical equipment 2. Repairing or repaving of flat concrete work in side and rear yard 3. Roofing work, if no change in appearance occurs, i.e. color Application for the Main Street Design Certificate: 1. Contact the Main Street Coordinator. 2. Application must be consistent with the City's Code of Ordinances, zoning, building and fire codes and should include the following: a. Completed application form b. A scaled drawing by the project architect or design professional of all proposed work c. Include samples such as paint, fabric swatches, sign material etc. d. Furnish photographs of the building exterior, and any other site location e. Additional submissions may be requested if deemed f. Provide project estimates and any other items helpful in conveying VlSlOn Design Guidelines Adopted A document entitled Main Street Design Guidelines, and as same may be amended, is hereby adopted, a true and correct copy of which is on file in the office of the City Secretary. The Main Street Design Guidelines shall guide the Main Street Design Assistance Review Team in evaluating a Main Street Design Certificate application and making a recommendation for its approval, denial, or modification. Review by Main Street Design Assistance Review Team 1. The Main Street Design Assistance Review Team (MS DART) shall consist of eight (8) members, including seven (7) voting members and one (1) ex officio member, all of which to be appointed by the La Porte City Council, and to serve without terms. The MS DART shall function in an advisory capacity only. 2. The MS DART shall, after considering an application for a Main Street Design Certificate, forward its written recommendation to the City Manager, for his or her review. The City Manager, after receipt of the MS DART's recommendation, shall make the final determination for approval, denial, or modification of the Main Street Design Certificate application. Appeal. Any person aggrieved by a decision of the City Manager, after same has received and ruled on a recommendation from the Main Street Design Assistance Review Team (MS DART) relating to an application for a Design Certificate may, within 30 days of the receipt of the City Manager's ruling, file a written appeal with the Planning and Zoning Commission for review of the decision. The appeal application shall be heard before the Planning and Zoning Commission within 60 days of receipt of the appeal, and any ruling of the Commission shall be final. Non-conforming Buildings, Structures, Lots of Record & Uses: Regarding external building improvements contemplated in accordance with the Design Certificate guidelines within the Main Street Architectural Design Area, a change in occupancy, ownership, or use, shall not constitute abandonment or loss of non- conforming unless same occurs as a result of exterior building alterations from an otherwise required Main Street Design Certificate. Repairs and Maintenance~ On any nonconforming building exterior or portion thereof, maintenance and repair the sole purpose and effect of which is to correct deterioration, decay, or damage caused by fire or other disasters and which does not result in a change in the existing appearance or materials of the property, or for the replacement of non-bearing walls, fixtures, wiring, or plumbing, may be permitted without the issuance of a Main Street Design Certificate, provided that the total square footage of the structure existing during the period the structure became nonconforming, shall not be increased. This rule shall prevail over any contrary provision in this chapter. No vested interest. No developer or property owner shall acquire any vested interest in this section or specific regulations contained herein. This chapter and regulations may be amended or repealed by the City Council in the manner provided by law. Main Street Design Certificate required It shall be unlawful for any person or entity to make any external alterations, additions, or upgrades to structures located with the Main Street Architectural Design Area, as required by this section, without first obtaining a Main Street Design Certificate. A violation ofthis section shall constitute a Class C Misdemeanor. Conflicts with other Ordinances Where there is a conflict between the requirements of this section and other requirements in this chapter, or building, fire, or other codes as adopted by the City of La Porte, or other applicable law, the more restrictive requirements apply. Refer to articles IV, V, VI and VII of this chapter for further regulations and procedures. (Ord. No. 1501-AAAA, S 6, 10-11-04) ORDINANCE NO. 31 :: 6li~ft vrJ/lelf 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 AMENDING ARTICLE III, "DISTRICTS", DIVISION 3, "COMMERCIAL DISTRICT REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-443, TABLE B, "COMMERCIAL AREA REQUIREMENTS", BY SETTING MAXIMUM HEIGHT OF 30 FEET FOR STRUCTURES IN PORTIONS OF MAIN STREET OVERLAY AND EXTENDING MASONRY EXTERIOR BUILDING STANDARDS TO MAIN STREET DISTRICT, AND BY AMENDING DIVISION 3, "COMMERCIAL DISTRICT REGULATIONS", SUBDIVISION V. "MAIN STREET DISTRICT WITH OVERLAY" BY AMENDING SECTION 106-513 (e) "SPECIAL REGULATIONS AND PROCEDURES" BY REQUIRING MAIN STREET DESIGN CERTIFICATES FOR ALTERATION OF EXTERIOR OF STRUCTURES IN MAIN STREET ARCHITECTURAL AREA, AS DESIGNATED HEREIN; CREATING MAIN STREET DESIGN ASSISTANCE REVIEW TEAM FOR REVIEW OF DESIGN CERTIFICATE APPLICATIONS AND PROVIDING FOR RECOMMENDATION TO CITY MANAGER, WITH RIGHT OF APPEAL TO PLANNING AND ZONING COMMISSION; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 19th day of February 2009, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "Au, and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on February 19, 2009, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning ORDINANCE NO. 5/ 3l Page 2 Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated February 23, 2009, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 23rd day of March, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordinance. There is attached to this Ordinance as Exhibit liD", 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 liE", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the Zoning Ordinance by amending Section 106-443, Table 8, Commercial Area Requirements, regarding maximum height of structures located within portions of the Main Street Overlay, and extension of masonry exterior building standards to Main Street District, and by adding 106-513 (e), regarding Main Street Design Certificate requirements, and review by Main Street Design Assistance Review Team, for alterations or additions to building exteriors in the Main Street Architectural ORDINANCE No..5/31 Page 3 Design Area, to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan and Thoroughfare Plan. Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Coe, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00). Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of April, 2009. CITY OF LA PORTE ORDINANCE NO.~3J Page 4 By: ALTON PORTER, Mayor ATTEST: By ~~cJW' MAR Pi. GILLETT, CIty Secretary APPROVED: By: CLARK ASKINS, Assistant City Attorney 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested April 13, 2009 Appropriation Requested By Alton Porter, Mayor Source of Funds: Department: Maygr and Cgundl Account Number: Report Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinances Amount Requested: Exhibits: Minutes Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Facilities Naming Committee met March 24, 2009 to discuss applications for renaming the Senior Citizen Center and the Northside Ball Field and vote on recommendations. The committee recommends renaming the Senior Citizen Center to Norman L. Malone Senior Citizen Center and the Northside Ball Field to Deotis Gay Sr. Memorial Field. ffi ~1 Date ORDINANCE NO. 2009- 315~ AN ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OP THE SENIOR CITIZEN CENTER TO THE NORMAN L. MALONE SENIOR CITIZEN CENTER, MAKING VARIOUS PINDINGS AND PROVISIONS RELATING TO THE SUBJECT, PINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EPPECTIVE DATE HEREOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the renaming of the Senior Citizen Center to the Norman L. Malone Senior citizen Center. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after May 1, 2009, and it is so ordered. PASSED AND APPROVED, this 13th day of April, 2009. L#;dtih UI Martha A. Gi~ City Secretary. CITY OF LA PORTE By: ().. ~ Alton E~~ A~ r~ C ark T. Askins Assistant City Attorney 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested April 13, 2009 Appropriation Requested By Alton Porter, Mayor Source of Funds: Department: Mayor aud Couu~il Account Number: Report Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinances Amount Requested: Exhibits: Minutes Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Facilities Naming Committee met March 24,2009 to discuss applications for renaming the Senior Citizen Center and the Northside Ball Field and vote on recommendations. The committee recommends renaming the Senior Citizen Center to Norman L. Malone Senior Citizen Center and the Northside Ball Field to Deotis Gay Sr. Memorial Field. ffi ~1 Date ORDINANCE NO. 2009-..,3 /3 ~ AN ORDINANCE APPROVING AND AUTHORIZING THE REHAKING 01' NORTRSIDB BALL I'IELD TO DEOTIS GAY, SR. IIBKORIAL I'IBLD, KAICING VARIOUS I'IHDINGS AND PROVISIONS RELATING TO THE SUBJECT, I'IHDDlG COIIPLIABCB WITH THB OPEN IIBBTINGS LAW, AND PROVIDING AN BI'I'BCTIVB DATB UDOI'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SectioD 1. The city council hereby approves and authorizes the renaming of Northside Ball Field to Deotis Gay, Sr. Memorial Field. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of April, 2009. CITY OF Alton E. By: ATTEST: ~~d# city Secretary APPRO~~ ,,- ~/~-r ~ ' Cl~k T. Askins ~ Assistant City Attorney MINUTES OF THE LA PORTE CITY FACILITIES NAMING COMMITTEE March 24, 2009 1. CALL TO ORDER The meeting was called to order at 11:30 a.m. by committee Chairman Alton E. Porter Members Present: Alton Porter, Chairman, Georgia Malone and John Black Staff Present: Martha Gillett 2. DISCUSS APPLICATIONS FOR RENAMING NORTHSIDE PARK AND LA PORTE SENIOR CENTER The Committee discussed the applications submitted to rename these facilities. Motion was made by John Black to rename the facilities as follows: The Northside Ball Field to be recommended to Council to be renamed the Deotis Gay, Sr. Memorial Field. The Senior Citizen Center to be recommended to Council to be renamed the Norman L. Malone Senior Citizen Center. A second by Georgia Malone and Alton Porter. Ayes: Porter, Malone and Black Nays: None Abstain: Malone abstained on the Senior Citizen item as it is being named after her father. There being no further business, the meeting was adjourned at 12:20 p.m. Respectfully submitted, Martha A. Gillett City Secretary, TRMC, CMC 13 . Back-up not required 14 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 7. 2009 Requested By: Ron Bottoms Bude:et Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Members ofthe Women's Shelter (located behind Kroger) has requested to come before you and request your consideration of allowing them to broaden their client base to include women who have felony convictions. The spokesperson for the shelter is Marie Meehan. Action Reauired bv Council: Consider request. f/~ Date B REQUEST FOR CITY COUNCIL AGENDA ITEM - Workshop Report: X Resolution: Ordinance: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Agenda Date Requested: ADril13.2009 Requested By: Michael G. Dolbv. CPA C Department: Fiuance Exhibits: Identity Theft policv Exhibits: Exhibits: SUMMARY & RECOMMENDATION The Federal Trade Commission issued new "red flag" rules which apply to all municipalities that have utility accounts such as water, sewer or electricity, and other operations that defer payment for services on a regular basis. In accordance with a recent decision by the FTC, the rules now require that by May 1, 2009 such municipalities have in place writteu programs to identity detect and respond to patterns, practices or specific activities-known as "red flags' - that could indicate identity theft. Attached is an identity theft policy that has been prepared by the staff for the City of La Porte to be in compliance with the rulings of the Federal Trade Commission. Non-compliance with the FTC rules could subject the city to audits and substantial fines. cJ /'7100, Ron Bottoms, City Manager Date CITY OF LA PORTE IDENTITY THEFT PREVENTION PROGRAM EFFECTIVE MAY 1, 2009 I. ADOPTION OF PROGRAM AND GENERAL INFORMATION a. The City of La Porte- ("City") developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of2003. 16 C. F. R. 9 681.2. This Program was developed with oversight from City of La Porte Finance Department with approval by the La Porte City Council. b. An Identity Theft Prevention Program was created and designed to detect, prevent, and mitigate identity theft relating to "Covered Accounts" of the City. The objective of the City of La Porte is to safeguard the "Identifying Information" of customers utilizing City covered accounts, including utility accounts, or any other City operations that provides a service for which payment is deferred until a future date, for the purpose of identifying and preventing identity theft. TI. PROGRAM PURPOSE AND DEFINITIONS a. Fulfilling Requirements of the Red Flags Rule. Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. To ensure the City of La Porte has a program in place to detect, prevent, and diminish identity theft in connection with the opening and maintaining of utility accounts, and to establish written procedures for security and storing of personal information. Each program must contain reasonable policies and procedures to: (1) Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program (2) Detect Red Flags that have been incorporated into the Program; (3) Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and (4) Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. b. Red Flags Rule definitions used in this Program C:\Documents and Settings\dolbym\Loeal Settings\Temporary Internet Files\Content.Outlook\Z1955653\La Porte Red Flag Policy (final for council review 4 3 09).doc 1 (1) Identity Theft - fraud committed using the identifying information of another person. (2) Red Flag - pattern, practice, or specific activity that indicates the possible existence of Identity Theft. (3) Creditors - include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors. According to the Rule, a city is a creditor subject to the Rule requirements. (4) Covered Account - Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from Identity Theft. By way of example, all the City's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. (5) Identifying information - Any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. c. This policy applies to all City employees and service providers that have access to Covered Accounts maintained by City containing customer's Identifying Information that is submitted in person, by email, by fax, through regular mail, or over the internet. III. IDENTIFICATION OF RED FLAGS a. In order to identify relevant Red Flags, the City considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The City identifies the following red flags, in each of the listed categories: b. Red Flags for Notifications and Warnings from Credit Reporting Agencies (1) Report of fraud accompanying a credit report; (2) Notice or rep0l1 from a credit agency of a credit freeze on a customer or applicant; C:\Documents and Settings\dolbyrn\Lo<:al Settings\Temporary Internet Files\Content.Outlook\Z1955653\La Porte Red Flag Policy (final for council review 4 3 09).doc2 (3) Notice or report from a credit agency of an active duty alert for an applicant; and (4) Indication from a credit report of activity that IS inconsistent with a customer's usual pattern or activity. c. Red Flags for Suspicious Documents (1) Identification document or card that appears to be forged, altered or inauthentic; (2) Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; (3) Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and (4) Application for service that appears to have been altered or forged. d. Red Flags for Suspicious Personal Identifying Information (1) Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); (2) Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); (3) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; (4) Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); (5) Social security number presented that is the same as one given by another customer; (6) An address or phone number presented that is the same as that of another person; (7) A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and C:\Documents and Settings\dolbym\Local Settings\Temporary Internet Files\Content.Outlook\ZI955653\La Porte Red Flag Policy (final for counci 1 review 4 3 09 ).doc3 (8) A person's identifYing information is not consistent with the information that is on file for the customer. e. Red Flags for Suspicious Account Activity or Unusual Use of Account (1) Change of address for an account followed by a request to change the account holder's name; (2) Payments stop on an otherwise consistently up.to-date account; (3) Account used in a way that is not consistent with prior use (example: very high activity); (4) Mail sent to the account holder is repeatedly returned as undeliverable; (5) Notice to the City that a customer is not receiving mail sent by the City; (6) Notice to the City that an account has unauthorized activity; (7) Breach in the City's computer system security; and (8) Unauthorized access to or use of cllstomer account information. f. Red Flag Alerts from Others. Notice to the City from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. IV. DETECTING RED FLAGS a. Detection of New Accounts. In order to detect any of the Red Flags identified above associated with the opening of a new account, City personnel will take the following steps to obtain and verify the identity of the person opening the account: (1) Require certain identifying information such as name, residential or business address, driver's license or other identification; (2) Request additional documentation to establish identity if necessary; (3) Independently contact the cllstomer. c. Detection of Existing Accounts. In order to detect any of the Red Flags identified above for an existing account, City personnel will take the following steps to monitor transactions with an account: C:\Documents and Sellings\dolbymlLocal Settings\Temporary Internet FilesIContent.Outlook\Z1955653\La Porte Red Flag Policy (final for council review 4 3 09).doc4 (1 ) Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); (2) Verify the validity of requests to change billing addresses; and (3) Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT a. Prevention and Mitigation. In the event City personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: (1) Continue to monitor an account for evidence of Identity Theft; (2) Contact the customer through use of a designated employee for releasing information, including by form ofletter attached hereto exhibit "A"; (3) Change any passwords or other security devices that permit access to accounts; (4) Not open a new account; (5) Close an existing account; (6) Reopen an account with a new number; (7) Notify law enforcement; or (8) Contact affected businesseslbanks (9) Contact major credit bureaus (10) Determine that no response is warranted under the particular circumstances. b. Protect customer identifying information. In order to further prevent the likelihood of Identity Theft occurring with respect to utility accounts, the City will take the following steps with respect to its internal operating procedures to protect customer identifYing information: (1) Ensure that its website is secure or provide clear notice that the website is not secure; C\Documents and Settings\dolbym\Local Settings\Temporary Internet Files\ContenLOutlook\Z1955653\La Porte Red Flag Policy (final for council review 4 3 09).doc5 (2) Ensure complete and secure destruction of paper documents and computer files containing customer information according to Federal and State law; (3) Ensure that office computers are password protected and that computer screens lock after a set period of time; (4) Keep offices clear of papers containing customer information (5) Keep paper documents, files, CD's, disks, zip drives, tapes and backups in a locked room. (6) Inventory all computers, laptops, flash drives, disks and other equipment to identify sources of sensitive data. (7) Ensure computer virus protection is up to date; and (8) Require and keep only the kinds of customer information that are necessary for utility and recreation purposes. c. Notice of Identity Theft. Once a customer identifies themselves to the City as a victim of identity theft and notifies the City of the theft the City shall request from the customer the following: (1) Request the utility or recreation customer provide a picture identification that meets the requirements for a opening a new account; (2) The City will provide the utility or recreation customer with a Notice of Identity Theft Affidavit to be completed; (3) The utility or recreation customer will be required to submit a copy of both a police report and a completed Notice of Identity Theft Affidavit; (4) The City will document the receipt of the documents; (5) When the documents are received the City will take action that could include the following: a. Monitor the account b. Contact the customer c. Refuse to open the account d. Notify law enforcement e. Notify major credit bureaus C;\Documents and Se((illgs\dolbym\Local Senings\Temporary Internet Files\Content.OutlookIZI955653\La Porte Red Flag Policy (final for council review 4 3 09).doc6 f. Notify businesses and banks g. Determine that no response is warranted under the particular circumstances VI. PROGRAM UPDATES The Director of Finance will periodically review and update this Program to reflect changes in risks to customers and the soundness of the City from Identity Theft. In doing so, the Director of Finance will consider the City's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the City's business arrangements with other entities. After considering these factors, the Director of Finance will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Director of Finance will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify, or reject those changes to the Program. VII. PROGRAM ADMINISTRATION. a. Oversight. Responsibility for developing, implementing and updating this Program lies with the Director of Finance or their designee. This person will be responsible for the Program administration, for ensuring appropriate training of all employees in a position to have access to or the use of Identifying Information, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances, and considering periodic changes to the Program. b. Staff Training and Reports. Finance Department staff responsible for implementing the Program shall be trained either by or under the direction of the Director of Finance in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. c. Service Provider Arrangements. In the event the City engages a service provider to perform an activity in connection with one or more accounts, the City will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. (1) Require, by contract, that service providers have such policies and procedures in place; and (2) Require, by contract, that service providers review the City's Program and report any Red Flags to the Director of Finance. C:\Documcnts and Settings\dolbym\Lucal S<::ltings\Temporary Internet Files\Content.Outlook\Z1955653\La Portc Rcd Flag Policy (final for council review 4 3 09).doc7 Exhibit A CITY OF LA PORTE Established 1892 Date Dear We are contacting you a potential problem involving identity theft. [Describe the information compromise and how you are responding to it.] We recommend that you place a fraud alert on your credit file. A fraud alert tells creditors to contact you before they open any new accounts or change your existing accounts. Call anyone of the three major credit bureaus. As soon as one credit bureau confirms your fraud alert, the others are notified to place fraud alerts. All three credit reports will be sent to you, free of charge, for your review. Equifax 800-685-1111 Experian 888-397-3742 TransUnionCorp 800-680- 7289 Even if you do not find any suspicious activity on your initial credit reports, the Federal Trade Commission recommends that you check your credit reports periodically. Victim information sometimes is held for use or shared among a group of thieves at different times. Checking your credit reports periodically can help you spot problems and address them quickly. If you find suspicious activity on your credit reports or have reason to believe your information is being misused, call your local law enforcement agency and file a police report. Get a copy of the report; many creditors want the information it contains to absolve you of the fraudulent debts. You also should file a complaint with the FTC at \\i'Ww.ftc.gov/idtheft or at 1-877-ID-THEFT (877-438-4338). Your complaint will be added to the FTC's Identity Theft Data Clearinghouse, where it will be accessible to law enforcers for their investigations. Sincerely, Michael G. Dolby, CPA Director of Finance 604 W. Fairmont Phvy. · La Porte, Texas 77571 · (281) 471-5020 c. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Anrill3. 2009 Annronriation Requested By: Ron Bottoms Source of Funds: Community Investment Department: ~dRliRi!ltratigll Account Number: 03660615659997 Report: Resolution: Ordinance: Amount Budgeted: $175,000 Exhibits: Proposal Amount Requested: $74,709.85 Exhibits: Pictures of Displays Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In the FY 2009 budget, Council approved $175,000 to be used for Christmas LightsIDecoration and Public Art. Staff met with Arnett Marketing, LLC to obtain ideas and a cost proposal for the Christmas LightsIDecoration project. These items will decorate Fairmont Parkway (from the entrance sign at SH146 to Broadway), Broadway (from Fairmont to Main Street, and Main Street (from SH146 to Broadway). It will also include the Town Plaza City Hall. The proposal of$74,709.85 includes a discount, which all vendors of this sort offer this time of year. Action Reauired bv Council: Workshop discussion on the purchase of Christmas Light/Decorations. cf 17 /,p, Date From: 2106983033++ \ARNETT ~TING, LLC 2137 Zercher Road I San Antonio, 1jexas 78209 (210) 826-9700:0ffice 1-8'-"- <jdfp-Q7()O (210) 826-9084'Fas: I NAME/ADDREfSS '. City of La Port9 Mr. Ron BottoIQs 1322 South arot.dway La Porte, Texas 77571 281-470-5136 i 281-470-1361 Fax. 1=:; SHIPPING ADDRESS DESCRIPTION ,;.. I I " BUY BOARD SUPPLIER --- ~- i RE\?SED: MARCH 16,2009 , , DISeOUNT PRICES VALID TIIRU M I FAlRMONTPARKWAY- MAIN ENTR ScalM Down Version - 30' W X 22' H, T AniI~ated WI (2) Toy Soldiers, ADD G Standing, With Kick Back Stands, 5,000 , ! FMRMONTPOLEOECOR (14) I Light Poles 4 8' Tqy Soldier, Pole Mount, 434 Watts, 3 5 81 Toy Soldier with Drum, Pole Mount, 3 5 8' Toy Soldier With Bugle, Pole Mount BROADWAY POLE DECOR (II) ! Light Poles 6 5' x 8' Santa With Garland Wreath, Pole 5 7' RJindeer With Garland Wreath, Pole M I I -I Please Review, Approve By Signing Below And Return I Page: 1/4 Date: 3/26/20094:52:12 PM PROPOSAUCONTRACT DATE PROPOSAL # 2/23/2009 5988 ~ - 00. ()O~ L...-o ~ rJ;",..~~ ~ .. ~~ .. P.O.NO. TERMS ..... Due On Receipt ,n .-. .-- PRICE EACH TOTAL " .. A Y 31, 2009 Y SIGN - oy Land Archway, 9,433.00 9,433.00 ARLAND, Self Watts 8# 401.00 1,604.00 85 Watts, 38# 435.00 2,175.00 , 399 Watts, 40 l.00 2,005.00 Mount, 825 Watts, 37# 461.25 2,767.50 ount, 705 Watts, 35# 491.25 2,456.25 . - '. - Via Fax. 210-826-9084 TOTAL .- , O' ...----- SIGNATURE Page 1 This fax was received by GFI FAXmaker fax server at the City of La Porte. From: 2106983033++ Page: 2/4 Date: 3/26/2009 4:52:13 PM I ARNETT ~RKETING, LLC 2137 Zercher Road I San Antonio, l1exas 78209 (210) 826-9700iOffice (210) 826-9084!Fax I .- NAME/ADDRESS .. I City of La Porte! Mr. Ron Bottonts 1322 South Bro~way La Porte, Texas 17751l 281-470-5136 1281-470-1361 Fax J I PROPOSAUCONTRACT DATE PROPOSAL~l 5988 2/2312009 r.... .. P.O. NO. _ L-~~RMS Due On Receipt I I I... SHIPPING ADDRESS , , '"I QTY i I TOWN PLAZA DISPLAYS & TREE LIGHTING Scal~d Do\W Version - 12' W xIS' H Mermaid W /Star Fish & Sea~eed Christmas Tree, Animated, Mermaid Tail Moves, 4830 Warts 10' x' 8' Mermaid With Shell, Animated, Mermaid Tail Moves, ?? \"\fatts DESCRIPTION PRICE EACH TOTAL 8,800.00 8,800.00 4,823.00 4,823.00 , TREE LIGHTING 41692 - 70-Lite LED Mini-Lites, Standar4 M5, Ruby Red, Green Wire, 4" Spacing, 4.8 Watts Per Set, 50,000 Hours, 24' Lon~. 416~1 -70 Lite, LED Mini Lites, Standard MS, BLUE, Green Wir~, 4" Spacing, 4.8 Watts Per Set, 50,000 hours, 24' Long 416lJ3 -70-Lite, LED Mini-Lites. Standard M5, Pure White, Gre~n Wire, 4" Spacing, 4.8 Watts Per Set, 50,000 Hours 24' Long 416~4 - 70 Lite, LED Mini-Lites, Standard MS, PURE GREEN, Gredn Wire, 4" Spacing, 4.8 Watts Per Set, 50,000 Hours, 24' L 416]7 - 70 Lite, LED Mini-Lites, Standard MS MID.,.ll, Green Win;, 4" Spacing, 4.8 Watts Per Set, 50,000 Hours, 24' Long 416~3 -70 Lite, LED Mini Lites, Standard MS, WARM WIDTE, Green Wire, 4" Spacing, 4.8 Watts Per SEt, 50,000 I Holl.fs, 24' Long I Please Review, APfrove By Signing Belo';'; And ~tum Via Fax 210-826-9084 I I I I SIGNATURE 11.85 11.85 14.85 14.85 20.09 20.09 16.40 16.40 12.82 12.82 20.09 20.09 TOTAL -- Page 2 This fax was received by GFI FAXmaker fax server at the City of La Porte. From: 2106983033++ Page: 3/4 Date: 3/26/20094:52:13 PM [ARNETT ~TING, LLC I 2137 Zercher aoad San Antonio, ~exas 78209 (210) 826-9700;Office (210) 826-90841Fax I NAME/ADDR~SS I CitY of La Port~ Mr. Ron BOtto1' s 1322 South Bro dway La Porte, Texas 77571 281-470-5136 281-470-1361 Fax ! I 1 '" PROPOSAUCONTRACT DATE PROI'OSAL~ I 5988 2/23/2009 QTY I I I I I I MAIN STREET - POLE DECOR (30) pecorative Lamp Post 30 3' Wreath Natural Branch Garlan Post~ WITHOUT LIGHTS, 12# I , I n OPTION - WREATHS Wre~ths - ADD STL VER NEEDL I I DESCRI .. . - - -..-- S P.O. NO. TERMS - . . - .. Due On Receipt .-.- ---. PTION PRICE EACH TOTAL ---.- . .- .-..-- d W/(I) 18" Vinyl Bow, Lamp 157.50 4,725.00 E - $169.50 Ea. = $5,085.00 er Pole Enhancers, Natural Branch 345.00 10,350.00 m Lighting, Pole Mount Iidays Stock Banner, Logo 62.40 1,872.00 ides, Prints (2) Colors , For (2) Banner Per Pole, 84.00 2,520.00 th Stainless Steel Banding, ..- Return Via Fax 210-826-9084 TOTAL - . - - . .-- I , SH I ! i .. .. IPPING ADDRES i i (15) ; Cobra Light Poles (2) Garland Scrolls, (2) Banners P 30 4 !t.;!' x 8' Garland Scroll Banner I i Garland, C7 Clear Lamps, Rando 30 30" * 60" Wreath With Happy Ho Red Sunbrella Fabric, Prints (2) S I 30 FibreFlex m Adjnstable Brackets Wi~ 13/16" Fiberglass Rods, Wi I Buc~les & Rod Pms. I Please Review, Ap~ovc By Signing Below And I I I I "t- .. I I i I SIGNATURE Page 3 This fax was received by GFI FAXmaker fax server at the City of La Porte. From: 2106983033++ Page: 4/4 Date: 3/26/20094:52:14 PM I I [ARNETT Mf-RKETING, LLC 2137 Zercher Road San Antonio, ~exas 78209 (210) 826-9700 I Office (210) 826-90841Fax PROPOSAL/CONTRACT DATE i PROPOSAL# r-zii3/2009 I 5988 I NAME I ADDRESS I City of La portel Mr. Ron Bottonfs 1322 South Bro~WaY La Porte, Texas 77571 281-470-5136 281-470-1361 Fax I -.---1 I i SHIPPING ADORES I I QTY I DESCRIP I I MAIN STREET. ENTRY DECO I Towfr To Tower Cust~m - 65' Length Silhouette R Branph Garland Includes 8 Vinyl C-7 ~ps,3 Flame Lamps in Can (16~ Lbs.) I BUuLOING ROOF MOUNT 4)' xl20' Peeking Santa, (Front Vi Roo~Top Mount, 4,675 Watts, 36 --- .--- S P.O. NO. TERMS .- . .- Due On Receipt -- '_'__M_ TION PRICE EACH TOTAL - .. -- - R eindeer Skyline, Natural 1,984.00 1,984.00 Bows, (22 C-9 Lam ps, 1 72 dIes), 860 Watts, 135# ew), ADDED GARLAND, 14,074.00 14,074.00 5# ranch Garland, (5) 12" 1,005.00 5,025.00 Front, 735 Watts. pping, Installation, Electrical .- - .. -- Retum Via Fax 210-826-9084 TOTAL $74,709.85 . - .... CITY HALL BUILDING DECOR 5 30' trple Wreath Swag, Natural B Premiere Bows (BT-27), Building I I I I ""Prices Do Not Include Tax, Shi Req~irements. etc. ** 50% 'Deposit Required. I I .- -1 ".. --- Please Review, Ap~rove By Signing Below And I I '1 I I I I I I I j SIGNATURE Page 4 This fax was received by GFI FAXmaker fax seNer at the City of La Porte. u tT:l ~ ::> '< ("') ~ ("ll ::> 1> ..... t:i ("ll n Q ~ g" a<l e: en 'E.. ~ '< s g - ::> 1> i:::: e; ::r 5" ("ll~ '" ~ r;" 3 J1~ ~ rs:cE .... ;r n> + ift JJ 0 . .t:.. - 0 Df"l>o ., 11' l~ 1::7 ~r ~ "",' t-i ~ ~ tI1 ~ ~ ~ 2 (l o ~ Er (JQ o ~ III ::l '< n .a g " .... o " () o ~ 5' ~ ~ '" '"0 ~ S ~ S' [ l>' ~ " .., ;;:: ~ ~ " 33l:U. SVW.lSIHH:> C33MV3S 'B 'HSI:I HV.lS 1M C1VWH3W 113HS H.lIM CIVWH3W ~ ~~ '5 ~ ~r ~r\ Il> C?-~ ~~~ ~;v ':+-(1.1 -~ c:: '"t:I Cl ~ tT1 p ::l '< n -8 o ::l S ..., t) o n o El g. (rq e: '" ..,.., 00> r m o r D.l 3 " ..D t:::l r~ (Il n I;; ~. Jg e: ~ ~, '" "0 ~ 0 So [j:) (Il s ~. [ p.;- '" eL g t:l (Ili: ~ en '< '" 1> S o 0> n ~ !'; S' 0<1 ~ '" '0 ~ o e- O> S' [ [ e: :::l O>~ '" '< g D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 7. 2009 Requested By: Ron Bottoms Budeet Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Pictures (2) Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION As you know we have planned and budgeted for a public art piece in the new town plaza. We met with David Adickes (the Sam Houston sculpture guy) and he has presented us with three clay mermaid models to consider (see picture) for the Town Plaza - they will be modest (covered). Our evaluation team consisted of John, Debbie, Debra, Bryan Sterling, Pat Muston and myself. We are excited about the possibility of having Mr. Adickes working with us on this project. The committee liked the idea of a mermaid sculpture for the plaza, but we are open to your direction. We actually selected a combination oftwo of the models - but, basically we chose the one listening to a sea shell and she will be looking towards the gulf. We did budget for this public art. Total cost should be around $35,000 and would be completed about the time the Town Plaza is complete. Just having a sculpture by David Adickes will draw people to our community. Action Required bv Council: taff with direction regarding a public art piece for the town plaza. {f; /0, Date