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HomeMy WebLinkAbout09-22-04 Meeting of the Tax Increment Reinvestment Zone Number One minutes La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas Minutes of the Board Meeting Held September 22, 2004 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 22nd day of September 2004, 7:47 p.m. in Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 77571 and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Vacant Molly Helmlinger Chester Pool lohn Meza Position I - Secretary Position 2 Position 3 - Chairman Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 and all of the above were present except Director Leopard and Director Meza, thus constituting a quorum. Also present at the meeting were lohn loems and David Hawes. 2. ELECTION OF THE OFFICE OF VICE CHAIRPERSON Upon a motion duly made by Director Antone and being seconded by Director Larson, the board unanimously elected Director Helmlinger as Vice Chairperson. 3. CONSIDER ApPROVAL OF MINUTES OF THE MEETING HELD AUGUST 4, 2004 Upon a motion duly made by Director Helmlinger and being seconded by Director Pool, the board unanimously approved the Minutes of August 4, 2004. 4. CONSENT AGENDA A. Review and Consider Approval of Fiscal Year 2004-2005 budget B. Review and Discuss the Request of a Public Improvement District (Pill) by Arete Real Estate Development. C. Staff Updates D. Board Member Comments F. Adjournment Upon a motion duly made by Director Larson and being seconded by Director Pool, the board unanimously approved the Agenda Items in same manner and form as approved in the Redevelopment authority board Meeting and adjourned at 7:50 PM. 1~ SIGNED Gi~~~~ ATTEST~~t~~ aL TITLE: Ii) iI) i r((':uj--: TITLE: \ rJ Lr~-f(] {>j ! DATE: I I J/' /,r;-- DATE: I i ,~__ ~.__ .'-{.- d- ./ ~ C'_: NOTE: TIRZ Agenda backup provided with La Porte Redevelopment Authority Agenda e ;a R. Garcia _ Jmmissioner Downtown Office 1001 Preston, Suite 950 Houston, TX 77002 Tel: 713.755.6220 Fax: 713.755.8810 Bay town Annex 701 W. Baker Road. Suite 104 Baytown. TX 77521 Tel: 281.427.7311 Fax: 281.837.1290 Clear Lake Annex 16603 Buccaneer Lane -~uite 100, on, TX 77062 Tel: 281.488.4678 Fax: 281.286.7450 Raul C. Martinez Annel 1001 S. Sgt. Macario Garcia Dr., Suite 102 Houston, TX 77011 Tel: 713.924.3975 Fax: 713.924.3971 Jim Fonteno Annex 14350 Wallisvllle Road Houston, TX 77049 Tel: 713.455.8104 Fax: 713.451.6714 ~ Chapman I 9na Annex 73.." ;:;pencer Hwy Pasadena, TX 77505 Tel: 281.479.7770 Fax: 281.479.3075 (~..' ()r;@ J 7f) /l1t([fC/ S ~ January 11,2005 Alton E. Porter, Mayor City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 RE: City of La Porte TIRZ # 1 Dear Mayor Porter: iy~. ~IC.t>. ~. 1.t4,.y IV i2- _ C:'"j- , I 4 ?J ",/ "ool:J'"f:c~ ~Dj ~!'o .'1::... "Ie '4.L:. ~ "T y_ ;& For your records, enclosed is your copy of the Commissioners Court approved court letter regarding the appointment of Lindsey R. Pfeiffer to the Board of Directors of the City of La Porte Tax Increment Reinvestment Zone #1 by Commissioner Sylvia R. Garcia. Should you have any questions regarding this appointment, please call me at 713.755.6220. Sincerely, " ..,~\W \ {fl~ } . Gloria E. Moreno Agenda Director GEM/cm enclosures c: Lindsey R. Pfeiffer On this the 23rd day of November, 2004, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, at a regular meeting of the Court, upon motion of Commissioner Eversole, seconded by Commissioner Garcia, duly put and unanimously carried, IT IS ORDERED that Lindsey R. Pfeiffer be appointed to fill the remainder of the term of Harris County's appointee (position #9) to the Board of Directors of the City of LaPorte Tax Increment Reinvestment Zone #1 with a term expiration date of October 31, 2005. The vote of the Court on the above Motion was as follows: AYES: NOES: ABSTENTIONS: 5 (Judge Eckels, Commissioners Lee, Garcia, Radack and Eversole) o o Presented to Commissioner's Court NOV 2 3 200~ APPROVE Recorded Vol_ Page ~ ., "-vlvia R. Garcia Commissioner Downtown Office 1001 Preston, Suite 950 Houston, TX 77002 Tel: 713.755.6220 Fax: 713.755.8810 8aytown Annex 701 W. 8aker Road, Suite 104 Baytown, TX 77521 Tel: 281.427.7311 Fax: 281.837.1290 Clear Lake Annex 16603 Buccaneer Lone Suite 1 00, luston, TX 77062 lei: 281.488.4678 Fox: 281.286.7450 Raul C. Martinez Anne) 1001 S. Sgt. Macario Garcia Dr.. Suite 102 Houston. TX 77011 Tel: 713.924.3975 Fox: 713.924.3971 Jim Fonteno Annex 14350 Wallisville Road Houston, TX 77049 Tel: 713.455.8104 Fax: 713.451.6714 ..-Kyle Chapman sadena Annex , vJO Spencer Hwy Pasadena, TX 77505 Tel: 281.479.7770 Fax: 281.479.3075 Vote of the Court: Yes AGENDA ITEM Judge Eckels Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Commissioners Court Harris County Administrative Building 1001 Preston, 9th Floor Houston, Texas 77002 Dear Court Members: November 15, 2004 No B D o -ry Abstain o o B o _...J .-.-- :::-> C:-\ i., c....) : ..) :::~ C./~ Please consider the following item for the Commissioners Court Agenda for November 23, 2004. Request to appoint Mr. Lindsey R. Pfeiffer to fill the remainder of the term of Harris County's appointee to the Board of Directors of the City of La Porte Tax Increment Reinvestment Zone #1. The term of the County's current appointment, position #9 on the La Porte TIRZ Board, expires October 31, 2005. SRG/gem ," \,-,~,. Sincerely, 4#1'~ CommlsslO~ Harris County Precinct Two Presented to Commllllonr. Cc:ut NOY 2 3 ZOD4 APPROVE C / G Recorded VoI_ Page AGENDA ITEM 3: ACKNOWLEDGE RE-ST A TED APPOINTMENTS Council approved an Ordinance (2004-2782) on October 25, 2004 also re-stating the appointment of the following members to the TIRZ Board and the La Porte Redevelopment Authority: . Position 4 Horace Leopard 2-YearTerm . Position 6 JJ Meza 2- Year Term (From Ha. Co. Position 9) . Position 8 Chester Pool 2- Year Term AGENDA ITEM 4: CONSIDER APPROVAL OF THE MINUTES OF THE SEPTEMBER 22, 2004 BOARD OF DIRECTORS MEETING La Porte Redevelopment Authority City of La Porte, Texas Minutes of the Board Meeting Held September 22, 2004 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the public, on the 22nd day of September 2004,6:30 p.m. in Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 77571 and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Vacant Molly Helmlinger Chester Pool JJ Meza Position 1 - Secretary Position 2 Position 3 - Chairman Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 and all of the above were present except Director Leopard and Director Meza, thus constituting a quorum. Also present at the meeting were John Joerns and David Hawes. A quorum having been established, Chairman Porter called the meeting to order at 6:42 p.m. 2. ELECTION OF THE OFFICE OF VICE PRESIDENT Upon a motion duly made by Director Antone and being seconded by Director Cook, the board unanimously elected Director Helmlinger as Vice Chairperson. 3. Consider approval of the minutes of the August 4, 2004 board of directors meeting Upon a motion duly made by Director Pool and being seconded by Director Larson, the board voted unanimously to approve the minutes of the August 4, 2004 board of directors meeting. 4. Review And Consider Approval Of Fiscal Year 2004-2005 Budget Staff reviewed this matter with the board. Upon a motion duly made by Director Pool and being seconded by Director Cook, the board voted unanimously to approve the Fiscal Year 2004 - 2005 Budget. 5. Review and Discuss the Request of a Public Improvement District (PID) by Arete Real Estate Development Staff reviewed the need by the developer to request a PID to assist with the development of the project. Due to certain upfront costs, the developer is having difficulty in making the financing of the project viable. No action was required or taken by the board. 6. STAFF UPDATES . Resignation and Reappointment of Lindsay Pfeiffer. John Joems updated the board on this item. . Update on other development within the TIRZ. John Joerns updated the board on a matter involving a lawsuit regarding the Texas Import/Export Park project. There was general discussion on the matter. 7. BOARD MEMBER COMMENTS No board comments. 8. ADJOURNMENT The meeting was adjourned at 7:47 p.m. SIGNED~LV~ ATTEST: TITLE: p(('~ ,.;; ~ n f TITLE: , '-J)re rt!-f-u ,rtl ( DATE: 4- d 7~()<; DATE: 1-( -J 7- {\ AGENDA ITEM 5: ANNUAL AUDIT FOR TIRZ FUND FY ENDING SEPTEMBER 30,2004 The Redevelopment Authority [Bylaws and Tri-Party Agreement] provides for an annual audit of the TIRZ Fund. The audit of the TIRZ Fund for FY ending September 30, 2004 is contained within the City's Comprehensive Annual Financial Report (CAFR). The attached pages are excerpts from the CAFR, which review the TIRZ Fund. 4 CITY OF LA PORTE, TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT For the fiscal year ended September 30. 2004 Prepared by: Department of Finance City of La Porte Comprehensive Annual Financial Report For the Fiscal Year Ended September 3D, 2004 TABLE OF CONTENTS INTRODUCTORY SECTION Letter of Transmittal GFOA Certificate of Achievement Organization Chart List of Elected and Appointed Officials FINANCIAL SECTION Independent Auditors' Report Management's Discussion and Analysis Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Balance Sheet - Governmental Funds Reconciliation of the Governmental Funds Balance Sheet to Statement of Net Assets Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds Reconciliation of the Statement of Revenues, Expenditures, and Changes In Fund Balances of Governmental Funds to the Statement of Activities Statement of Net Assets - Proprietary Funds Statement of Revenues, Expenses and Changes in Fund Net Assets - Proprietary Funds Statement of Cash Flows - Proprietary Funds Notes to the Financial Statements Required Supplementary Information Notes to the Required Supplementary Information Combining and Individual Fund Statements and Schedules: Combining Balance Sheet - Nonmajor Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds Schedules of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual: Debt Service Fund . Grant Special Revenue Fund Community Investment Special Revenue Fund Hotel/Motel Occupancy Tax Sales Tax Special Revenue Fund Tax Increment Reinvestment Zone One Special Revenue Fund Capital Projects Fund Transportation and Other Infrastructure Fund 1998 General Obligation Bonds Fund 2000 Certificate of Obligation Bonds Fund 2000 General Obligation Bonds Fund 2002 General Obligation Bonds Fund Hi Paoe 3 9 10 11 15 17 27 28 30 33 34 36 38 40 42 45 71 73 76 78 82 83 84 85 86 87 88 89 90 91 92 11 Greenway Plaza, Suite 1515 Houston, TX 77046 (713) 621-1515 Fax: (713) 621-1570 li'L Null. Lairson 2117 Post Office Street Galveston, TX 77550 (409) 762.8380 Fax: (409) 762-1749 (ERTIRED PUBUC .-\CCOlu"\1:'\'\1S PROFfSSICl;'\;:\L CORPOlv\TlO\I Independent Auditors' Report To the Honorable Mayor and Members of the City Council City of La Porte, Texas We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of La Porte, Texas (the City), as of and for the year ended September 30, 2004, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective fmancial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of La Porte, Texas, as of September 30, 2004, and the respective changes in fmancial position and cash flows, where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. MEMBERS: !\.MERIC!\N INSTITUTE OF CERTIFIED PFBUC ACCOll\-LA,,",S. TEX-AS SOCIETI' OF CERTIFIED PL'BLlC ACCOUJ'.,.~,-rs, CPA ASSOCLUES P.>TER..'iATIONAL, r:-;c. WITH ASSOCIATED OFFICES r:-; PRL'1CIPAL l.S AND l"-""IER..'i!\TJOKAL CITIES 15 - To the Honorable Mayor and Members ofthe City Council City of La Porte, Texas Page 20f2 In accordance with Government Auditing Standards, we have issued our report dated January 24, 2005, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions or laws, regulations, contracts, and grants. That report, which has been issued separately from this document, is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. The Management's Discussion and Analysis on pages 17 through 23, budgetary comparison information on pages 72 through 73 and Required Pension System Supplementary Information on page 71 are not required parts of the basic fmancial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The introductory section, combining and individual fund statements and schedules and statistical tables are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual fund statements and schedules have been subjected to the auditing procedures applied in the audit of the basic fmancial statements and, in our opinion, are fairly stated in all material respects in relation to the basic fmandaI statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. ~J(;l~I(!C January 24, 2005 Houston, Texas 16 COMBINING FINANCIAL STATEMENTS NONMAJOR GOVERNMENTAL FUNDS Debt Service Fund Debt service Fund is used to pay interest and extinguish debt of the outstanding General Obligation Issues of the City. Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Grant Fund - This fund is used to account for funds received from another government or organization to be used for a specific purpose, activity or facility. Community Investment Fund - This fund is used to account for funds received and expended on community beautification and revitalization programs. Hotel I Motel Occupancy Tax Fund - This fund is used to account for the accumulation of resources from the Hotel/Motel Tax assessment levied by the City. These monies are to be spent to promote the development or progress of the City within the guidelines set forth on disposition of revenues collected under the authority of the Texas Hotel Occupancy Act (Article 1269; Vernon's Texas Civil Statutes). Tax Increment Reinvestment Zone One Fund (TIRZ) - This fund is used to account for the disposition of property taxes collected on specific parcels within the boundaries of the TIRZ for the exclusive benefit of the City's capital improvement programs. Capital Projects Funds Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Capital Improvements Fund - This fund is used to account for capital projects that are normally small in nature and effect the general operation of the City. Transportation and Other Infrastructure Fund - This fund is used to account for the construction and expansion of roads, bridges, sidewalks and other major infrastructure capital improvements. 1998 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures related to drainage and street improvements throughout the City. 2000 Certificate of Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures for construction of the community library. 2000 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures for construction to renovate the city hall building, public swimming pool and two fire stations. 2002 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures for the construction of a wastewater treatment plant. 75 CITY OF LA PORTE, TEXAS Combining Balance Sheet Nonmajor Govemmental Funds September 30, 2004 Special Revenue Funds HoteVMotel Tax Increment Transportation Community Occupancy Reinvestment Capital & Other Grant Investment Tax Zone One (TIRZ) Totals Projects Infrastructure ASSETS Cash and cash equivalents $ $ 59,603 $ 562,904 $ 96,361 $ 718,868 $ 733,369 $ 533,022 Investments 24,349 229,963 39,366 293,678 302,062 217.756 Taxes receivable Gralt receivable 4,716 Other receivables 130,451 130,451 Accrued interest receivable 12 139 1,304 242 1,697 1,695 1,236 T eta! assets 130,463 84,091 794,171 135,969 1,144,694 1,041,842 752,014 LIABILITIES AND FUND BALANCES Liabilities : Accounts payable 31,526 55 8,608 2,175 42,364 205,954 Accrued salaries payable 7,128 7,128 Relainage payable 168 Due to others Deferred Revenue 90,043 90,043 T otalliabilities 128,697 55 8,608 2.175 139,535 206,122 Fund Balances: Reserved for: Capital projects Unreserved 1,768 84,036 785,563 133,794 1,005,159 835,720 752,014 Reserved for debt service Other purposes Total fund balances 1.766 84,036 785,563 133,794 1.005,159 835,720 752,014 T oIalliabilities and fund balances $ 130,463 $ 84,091 $ 794,171 $ 135,969 $ 1,144,694 $ 1,041,842 $ 752,014 7~ CITY OF LA PORTE, TEXAS Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30,2004 Special Revenue Funds Hotel/Motel Tax Increment Transportation Community Occupancy Reinvestment Capital & Other Grant Investment Tax Zone One (TIRZ) Totals Projects Infrastructure REVENUES Property taxes $ $ $ $ 15,764 $ 15,764 $ $ Intergovernmental 562,576 562,576 6,100 Sales taxes Other taxes 232,023 232,023 Interest 2,788 9,111 1,625 13,524 29,246 15,375 Charges for services (1,240) T etal revenues 562,576 2,788 241,134 17,389 823,887 34,106 15,375 EXPENDITURES Current Administration 560,810 82,158 117,231 32,066 792,265 1,400,457 172,000 Cap~a1 Outlay 540,729 2,482 (31) 543,180 Debt Service: Principal Interest T etal expenditures 560,810 622,887 119,713 32,035 1,335,445 1,400,457 172,000 Excess (deficiency) of revenues rJ./er expenditures 1,766 (620,099) 121,421 (14,646) (511,558) (1,366,351 ) (156,625) OTHER FINANCING SOURCES (USES) Transfers In 300,000 300,000 500,000 Transfers out (55,000) (55,000) (1,948,091 ) (625,000) T etal other financing sources (uses) 300,000 (55,000) 245,000 (1,448,091 ) (625,000) Net change in fund balances 1,766 (320,099) 66,421 (14,646) (266,558) (2,814,442) (781,625) Fund balances-beginning 404,135 719,142 148,440 1,271,717 3,650,162 1,533,639 Fund balances--elding $ 1,766 $ 84,036 $ 785,563 $ 133,794 $ 1,005,159 $ 835,720 $ 752,014 78 SCHEDULE OF REVENUES, EXPENDITURES and CHANGES IN FUND BALANCE - BUDGET and ACTUAL Debt Service Fund Special Revenue Funds Capital Projects Funds 81 CITY OF LA PORTE, TEXAS Tax Increment Reinvestment Zone One Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For the Year Ended September 30,2004 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Property taxes $ 14,000 $ 14,000 $ 15,764 $ 1,764 Interest 2,090 2,090 1,625 (465) Total revenues 16,090 16,090 17,389 1,299 EXPENDITURES Current: Admi nistration 30,000 30,000 32,066 (2,066) Capital Outlay 486,435 (31) 486,466 Total expenditures 30,000 516,435 32,035 484,400 Excess (deficiency) of revenues over expenditures (13,910) (500,345) (14,646) 485,699 Net change in fund balances (13,910) (500,345) (14,646) 485,699 Fund Balances-beginning 148,440 148,440 148,440 Fund Balances--ending $ 134,530 $ (351,905) $ 133,794 $ 485,699 86 DRAFT April 28, 2005 David Turkel Harris County Economic Development Administrator 1310 Prairie, Suite 550 Houston, Texas 77002-2042 RE: Interlocal Agreement City of La Porte / Tax Increment Reinvestment Zone Number One (TIRZ) Dear Mr. Turkel: Per terms of the Interlocal Agreement, attached is the La Porte Tax Increment Reinvestment Zone Number One Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 2004. The Board reviewed and accepted the audit at the April 27, 2005 TIRZ Board Meeting. Also, enclosed for your information are the calculations of tax increments due the zone by the City of La Porte and La Porte Independent School District for the 2004 Tax Year. Should you have any questions or comments regarding the report or any other issues, please feel free to give me a call. Sincerely, John Joems Assistant City Manager Enclosures c: Dick Raycraft, Director ofHa. Co. Mgmt. Services David Hawes, Consultant Alton Porter, Chairman DRAFT April 28, 2005 Mr. Dick Raycraft, Director Harris County Department of Management Services 1001 Preston, Ninth Floor Houston, Texas 77002 RE: Interlocal Agreement City of La Porte I Tax Increment Reinvestment Zone Number One (TIRZ) Dear Mr. Raycraft: Per terms of the Interlocal Agreement, attached is the La Porte Tax Increment Reinvestment Zone Number One Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 2004. The Board reviewed and accepted the audit at the April 27, 2005 TIRZ Board Meeting. Also, enclosed for your information are the calculations of tax increments due the zone by the City of La Porte and La Porte Independent School District for the 2004 Tax Year. Should you have any questions or comments regarding the report or any other issues, please feel free to give me a call. Sincerely, John Joems Assistant City Manager Enclosures c: David Turkel, Ha. Co. Ec. Dev. Administrator David Hawes, Consultant Alton Porter, Chairman AGENDA ITEM 6: ACTIVITY REPORT FOR 2004 TAX YEAR Calculation of the amount oftaxes due the Tax Increment Reinvestment Zone #1 by the La Porte Independent School District. Calculation of the amount of taxes due the Tax Increment Reinvestment Zone #1 by the City of La Porte. The City (Tax Increment Reinvestment Zone Number One) has not yet received Harris County's Activity Report for Tax Year 2004. A recap of previous Harris County payments is attached. Note regarding the Harris County contribution: The 2002 payment from Harris County erroneously included tracts outside the Zone. When this was discovered, the County opted to credit future payments rather than obtaining a reimbursement. As of payments due in 2004 for 2003 there was still an overpayment balance of ($1,405.90). 4120/2005 HB 1198 Relating to public education, public school finance, a state property tax, and related matters. Current Status: In committee Section 45.257(b) - provides that for reinvestment zones created before January 1, 2006 and where school districts entered into an agreement with the governing body...that the increment the school district would be required to pay into the tax increment funding will be apportioned between the school district and the state (Any loss of school district increment caused by school district financing changes by the state shall be made up by the state) NOTE While not qualified to comment on the entire school financing bill Council may want to support the platform that any loss of school district increment caused by state legislation will be made up by the state. II ({ f y-i (J(j) Analysis of Expenditures for TIRZ Fund for Fiscal Year 2004 Hours Rate Amount Fringe Benefits 6 23.16 138.96 3 23.38 70.14 3.5 37.87 132.55 1 24.48 24.48 1 12.3 12.30 1 28.82 28.82 1 10.43 10.43 1.5 17.14 25.71 33.5 51.07 1,710.85 ** 41 13.04 534.64 ** 2,688.87 530.82 3,219.69 5,000.00 Cummings, Robert Sterling, Brian Dolby, Michael Wolny, Shelley Barfield, Belinda Powell, Kathy Felty, Susan Harris, Sharon Joerns, John Lanclos, Melisa Total Wages Total Personnel Audit - Null Lairson Agenda Meeting Supplies Paper/Copies Postage Total Agenda Meeting Supplies Professional Services Hawes, Hill & Associates Askins&Armstrong Andrews/Kurth CivilTech Total Professional Services 6,556.00 404.00 2,953.00 8,528.00 18,441.00 Food/Refreshments 189.00 LPISD Educational Facilities 5,185.00 GRAND TOTAL 32,034.69 4/14/2005 Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the City of La Porte For the 2004 Tax Year Data Entry Area: Enter the Amount of Taxes Billed on Property located in the Zone $59,348.26 Enter the Amount of Billed Taxes which have not been collected $13,868.16 Enter the City's Tax Rate (.71 = .71 Cents per $100) $0.0071 1 Calculation of the Collection Rate for Property in the TIRZ a Total Taxes Billed on Property Located in the TIRZ $59,348.26 { (' b Less Total Delinquent Taxes on Property Located in the TIRZ $13,868.16 c Equals Total Taxes Collected on Property in the TIRZ $45,480.10 d Divided by the Total Taxes Billed on Property Located in the TIRZ $59,348.26 e Equals the Collection Rate for Taxes in the TIRZ 76.63% 2 Calculation of the Captured Appraised Value a Total Taxes Billed on Property Located in the TIRZ $59,348.26 b Divided by the City's Tax Rate $0.0071 c Equals the Total Appraised Value for the Current Year 8,358,910 d Less the Tax Increment Base (1999) Value 6,362,980 e Equals the Captured Appraised Value 1,995,930 3 Calculation of the Amount Due the TIRZ by the City a Captured Appraised Value 1,995,930 b Times City's Tax Rate $0.0071 c Equals Total Taxes applicable to the Captured Appraised Value $14,171.10 d Times the City's Collection Rate 76.63% e Equals the Total Taxes due the TIRZ by the City of La Porte $10,859.68 ;... ~. 1 I :~ ,. "" '\ 4/27/2005 Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the La Porte ISO For the 2004 Tax Year Data Entry Area: Enter the Amount of Taxes Billed on Property located in the Zone Enter the Amount of Billed Taxes which have not been collected Enter the ISO's Tax Rate (1.7335 = 1.7335 Cents per $100) $143,957.70 $33,641.76 $0.017335 Calculation of the Collection Rate for Property in the TIRZ a Total Taxes Billed on Property Located in the TIRZ b Less Total Delinquent Taxes on Property Located in the TIRZ c Equals Total Taxes Collected on Property in the TIRZ d Divided by the Total Taxes Billed on Property Located in the TIRZ e Equals the Collection Rate for Taxes in the TIRZ $143,957.70 $33,641.76 $110,315.94 $143,957.70 76.63% 2 Calculation of the Captured Appraised Value a Total Taxes Billed on Property Located in the TIRZ b Divided by the ISO's Tax Rate c Equals the Total Appraised Value for the Current Year d Less the Tax Increment Base (1999) Value e Equals the Captured Appraised Value $143,957.70 $0.017335 8,304,453 6,346,840 1,957,613 3 Calculation of the Amount Due the TIRZ by the ISO a Captured Appraised Value b Times ISO's Tax Rate c Equals Total Taxes applicable to the Captured Appraised Value d Times the ISO's Collection Rate e Equals the Total Taxes due the TIRZ by the La Porte ISO 1,957,613 $0.017335 $33,935.23 76.63% $26,004.84 4 Breakdown of How ISO Taxes are Applied a Equals the Total Taxes Due the TIRZ by the La Porte ISO b Divided the Total Tax Rate for ISO c Equals Taxes due the Tirz per penny of Tax Rate d Times rate for General TIRZ Projects (.0086 per contract) e Difference is rate for Education Facilities Projects $26,004.84 $0.017335 $150.32 $12,927.26 $13,077.58 Message Page 1 of 1 Joerns, John -----~---- ------~---------- -~- -~-~--------~------- --- ---~- ---- --~ _"_________~______._w______ _______ Sent: To: Cc: From: Powell, Nancy (CEDD) [NancLPowell@hctx.net] Wednesday, September 29,20045:09 PM 'JoernsJ@ci.la-porte.tx.us' Turkel, David (CEDD); Rodriguez, Olga (Commissioner Precinct 2); Kasmani, Dilshad (Tax Office); 'dhawes@haweshill.com' Subject: LaPorte TIRZ Payments from Harris County through 2004 (Tax Year 2003) To: John Joerns, City of LaPorte From: Nancy Powell, Harris County Attached is an Excel spreadsheet, prepared by the Office of the Harris County Tax Assessor-Collector (Mr. Dilshad Kasmani), containing the calculations for Harris County's cumulative payments due to the City of La Porte TIRZ #1 through 2004 (tax year 2003). The cumulative amounts due for each year are summarized below: Actual Payment Made in 2002 $11,952.09 Due in 2002 for Tax Year 2001 Due in 2003 for Tax Year 2002 Due in 2004 for Tax Year 2003 Total Payments Due as of 2004 $3,238.77 $2,822.33 $4,485.09 $10,546.19 (OYer) / Under Payment to-date ($1,"05.90) As you know, Harris County overpaid in our first year of participation in the TIRZ because the payment calculations erroneously included increment from tracts outside the TIRZ boundaries. The amount the County paid in 2002 (for the 2001 tax year) was $11,952.09, compared to $3,238.77 actually due. When the error in the payment calculations was discovered by the TIRZ auditors in early 2003, we opted to offset subsequent year County payments against the overpayment amount, rather than obtaining reimbursement from the TIRZ for a relatively small sum. Through 2004, Harris County's cumulative payment liability to the LaPorte TIRZ is $10,546.19, as supported by the detail in the attached. After offsetting the cumulative due against the initial overpayment by Harris County, the remaining credit still due to the County from the TIRZ is $1,405.90. We propose to offset this remaining credit as a partial payment against the amount likely to be owed by the County to the TIRZ next year (for the 2004 tax year). Please do not hesitate to call me if I may be of further assistance, or if you need any additional information. Nancy E. Powell Deputy Director of Economic Development Harris County Community & Economic Development Depat1ment 8410 Lantern Point Houston, TX 77054 Phone: 713-578-2254 Fax: 713-578-2250 Email" fLE1Ilc;YJJQWgjl@f1c;t:x.Jlet 10/6/2004 - <!) <J S o ~ r- ~ ~ <:l" <..) O. if) '" .c ~ 'ta 00 ';!:. 0 <!) -B "E -a <!) 'ta e p... ",,- AGENDA ITEM 7: AGREEMENT BETWEEN THE CITY, TIRZ AND REDEVELOPMENT AUTHORITY On August 14, 2002 the La Porte Redevelopment Authority and TIRZ approved the first agreement for services by and between the City, TIRZ and Redevelopment Authority. Prior to this date, on May 20,2002, Council passed and approved Ordinance 2002-2554 for this agreement. Section II and Section VI of the Tri-Party Agreement (attached) between the City, Zone and Authority describes the services the Redevelopment Authority may furnish. Since the Authority has no employees we are suggesting a simple agreement with the City to provide these services. The agreement provides for the Authority to compensate the City, at cost plus 5% annually, upon termination, or as otherwise provided for in writing, for services performed by the City on behalf ofthe Authority. For outside or vendor services, payment will be made within 30 days of invoice date. The agreement term is for 1 year with the option for two I-year renewals and includes provisions for termination by either party. The second and final renewal was approved last year (May 20, 2004). We are requesting the Redevelopment Authority and TIRZ Board approve a new I-year agreement with the option for two I-year renewals and includes provisions for termination by either party. It will then be taken to City Council for approval. AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY THIS AGREEMENT (this "Agreement"), effective as of /!J.tL~ EIJ ,2005, is made by and between the CITY OF LA PORTE, TEXAS, a municipal corporation and a ho e-rule city in the State of Texas (the "CITY"); REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, a reinvestment zone created by the City pursuant to Chapter 311, Texas Tax Code (the "ZONE"); and the LA PORTE REDEVELOPMENT AUTHORITY, a nonprofit local government corporation organized and existing under the laws ofthe State of Texas (the "AUTHORITY"). RECITALS WHEREAS, the CITY, ZONE, and AUTHORITY have previously entered into an Agreement; and WHEREAS, the CITY and the ZONE desire to secure services of the CITY to assist the AUTHORITY in its duties described in its Agreement with the CITY and ZONE; NOW, THEREFORE, for and in consideration of the mutual undertakings herein contained, the AUTHORITY and CITY agree as follows: I. CITY agrees to assist the AUTHORITY in its scope of services as defined by Section II and Section IV ofthe "AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT AUTHORITY" for a term of one (1) year commencing with an option to renew this agreement for two additional one (1) year terms, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90)-day written notice to the other. II. CITY shall receive compensation for services referred to in Section I above in an amount equal to the direct salary costs plus 5% of City personnel performing services anticipated by this agreement. Payment for these services shall be made annually, upon termination, or otherwise agreed to in writing by both parties. Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost plus 5% and paid within thirty (30) days of invoice or as determined by separate agreement with consultant or provider. III. CITY will procure, to AUTHORITY'S account, supplies, materials, equipment, and services, utilizing funds allocated in AUTHORITY'S approved budget (Tax Increment Reinvestment Zone Fund), for the services provided by the CITY on behalf of AUTHORITY. CITY shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the services provided. IV. CITY is retained by AUTHORITY only for the purpose and to the extent set forth in this Agreement, and City's relation to AUTHORITY, during the period of this Agreement, is that of an independent entity, and CITY shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. CITY shall not be considered an employee of AUTHORITY. V. CITY shall be required to operate within the current guidelines of its governing body and shall notify AUTHORITY of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. VI. CITY hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever to all persons, whether employees of CITY or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the services provided for in this Agreement and if any person shall make a claim for any damage or injury as herinabove described, whether such claim may be based upon the AUTHORITY'S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part ofthe AUTHORITY, the CITY agrees to indemnify and save harmless the AUTHORITY, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the AUTHORITY may sustain as result of any such claims and the CITY agrees to assume, on behalf of the AUTHORITY, the defense of any action at law or in equity, which may be brought against the AUTHORITY upon such claim and to pay on behalf ofthe AUTHORITY, upon its demand, the amount of any judgment that may be entered against the AUTHORITY in any such action. VII. Before commencing the services, the CITY shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The CITY agrees that nothing contained in this paragraph shall limit or release the CITY from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the AUTHORITY. If the CITY fails to procure and maintain at least the above insurance, the AUTHORITY shall have the right to procure and maintain the said insurance for and in the name of the CITY, and the CITY shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. VIII. The CITY for the compensation provided for herein, hereby agrees to pay and shall hold the AUTHORITY harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. IX. If either the CITY or AUTHORITY believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. X. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF LA PORTE By: Alton E. Porter, Mayor ATTEST: Martha A. Gillett, City Secretary LA PORTE REDEVELOPMENT AUTHORITY By: President, Board of Directors ATTEST: Secretary, Board of Directors REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS By: Chairperson, Board of Directors ATTEST: Secretary, Board of Directors H:\My Documents\Documents\TIRZ\Redevlopment Authority Agreement.doc AGENDA ITEM 8: ST AFF REPORTS - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25. 2005 Requested By, Wayne J.I.Id\~ / -~ Department: Plannin!! Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance:-X- Amount Budgeted: N/A Exhibits: Ordinance Staff Report to P&Z Area Map General Plan Amount Requested: N/A Budgeted Items: YES NO SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its March 17,2005, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU05-004. The request, submitted by Mr. Robert Burchfield, seeks approval of a General Plan and a Special Conditional Use Permit (SCUP). The General Plan is for the entire II07 acre tract and the SCUP is for single-family residential, multi-family, town home, and commercial/flex development consisting of 31.96 acres to be known as the Preserve at Taylor Bayou. The property is located at the southeast comer of the State Highway 146 in the 1200 block of McCabe Road. Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year extension was granted in year 2001, however, no construction occurred and the permit expired in 2002. Later, the applicant submitted an application for SCUP and General Plan, which was presented to the Planning and Zoning Commission at their April 17, 2003 meeting. The General Plan demonstrated that 75.16 acres out of 107 acres would be preserved in perpetuity as a Conservation Easement based on a permit received from the US Army Corps of Engineers. The remaining developable acreage showed 28.5 acres proposed as high-density residential with 400+ units in the PUD zone. Since the ordinance allows a maximum cap of 180 units, the Commission and City Council disapproved it. Subsequently, the developer submitted a General Plan and Special Conditional Use Permit #SCU04- 013 for 180 multi-family units and 150 town homes on 28.43 acres. City Council, at the October 11, 2004, meeting approved the General Plan and Special Conditional Use Permit. This is a new proposal which includes single-family residential (20 lots), single-family patio homes (76 lots), town homes (12 units), multi-family (180 apartment units) and flex bldgs. (4 commercial/residential) on approx. 32 acres as a master planned community. Corresponding densities meet the minimum requirement of the ordinances, although a PUD Zone, by design, allows variances and flexibility to the overall design. There will be two common access drives along McCabe Road serving the complex, commercial tract, and nature preserve. On-site parking is also provided for the visitors of the nature preserve. Water is readily available to the property. However, it is anticipated that sanitary sewer for proposed development will be hooked up to a new 24" trunk main going north to the adjacent proposed development of "Lakes at Fairmont Greens". In addition, coordination and contribution shall be required for the system upgrade to handle both developments with each developer being expected to share the prorated cost of construction. The Planning and Zoning Commission has voted unanimously that City Council consider approval of a General Plan and Special Conditional Use Permit #SCU05-004 with the conditions listed in the SCUP. Action Required bv Council: I. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z for I 107 acres ofland located at the southeast comer of McCabe Road and SH 146. The applicant, Mr. Robert Burchfield, seeks approval of General Plan and SCUP for single-family, multi-family, town homes, and commercial/flex buildings in PUD zone. 1~d-!) ~!} 5 Date Staff Report March 17, 2005 Preserve at Taylor Bayou General Plan & Special Conditional Use Permit #SCU05-004 Request: Requested Bv: Requested For: Present Zonine:: Requested Use: Back2:round: Approval of General Plan for 107.19 acre tract and Special Conditional Use Permit. Mr. Robert Burchfield, Burchfield Development, L.P. A 107.19-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located in the 1200 Block of McCabe Road. Planned Unit Development (PUD) Single-Family, Multi-Family CommerciallFlex Bldgs. Residential, Townhomes, and This property is located at the southeast comer of SH 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by Shoreacres. Several years ago, the Commission and Council approved a General Plan and Special Conditional Use Permit for this location. In 2001, a one year extension was granted; however, no construction occurred and the permit expired in November 2002. The applicant submitted a new General Plan and applied for a Special Conditional Use Permit. During the Commission's April 17, 2003 meeting, Mr. Burchfield presented his proposed General Plan. During the presentation, Mr. Burchfield provided the layout of 400+ units situated on 28 acres. The proposed development included a 4-acre detention pond/water feature surrounded by jogging trails, and play areas. The Commission recommended denial of the application based upon issues including excessive density of 418 units, lack of information concerning the Preserve, financing and outstanding Army Corps of Engineer documentation. Chapter 106, Code of Ordinances, allows a maximum cap of 180 units within apartment complexes. City Council disapproved the request on April 26, 2004. The developer filed a new General Plan and Special Conditional Use Permit #SCU04-013. The Planning and Zoning Commission held a public hearing to receive citizen input on the new concept which include the followings: . 180 Multi-Family units and 150 Townhome units on 28.43 acres . 1 lot, Neighborhood Commercial on 1.35 acres . 1 lot, Private Park on 2.25 acres . 1 lot, Nature Preserve on 75.16 acres. . The apartment density is 13.85 units per acre (14 allowed). . The townhome density is 9.72 per acre (10 allowed per Chapter 106). Preserve at Taylor Bayou March 17,2005 Page 2 of5 The Commission recommended approval of the above General Plan and Special Conditional Use Permit. City Council, at the October 11, 2004 meeting, approved the General Plan and Special Conditional Use Permit #SCU04-013. Now, the developer has submitted an amended General Plan with a new concept. The features of the plan are as follows: · Single-Family Residential- 20 lots, 4.17 acres (4.8 du/a allowed) · Single-Family (Patio Homes) - 76 lots, 12.67 acres (6 lots/acre allowed) . Townhomes - 12 units, 1.20 acre (10 units/acre allowed) · Multi-Family-180 units, 12.86 acres (14 units/acre allowed) · Commercial/Flex Bldgs. - 4 (zoned Neighborhood Commercial) Development in a PUD zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. Upon approval of the General Plan and SCUP by City Council, the applicant would be authorized to proceed with the platting and development plans for the site. Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: · Uses - Review of the City's Land Use Plan indicates this 107-acre area was envisioned as developing as low density residential with a small comer for commercial uses. However, this proposed development is not considered to be low-density residential. In addition, Mr. Burchfield stated that the 75.16 acre Conservation Easement would serve as a buffer between their proposed development and surrounding properties. · Streets - The proposed development is located at the comer of SH 146 and McCabe Road The developer is proposing two points of entrance/exit off McCabe Road. These common access drives serve an entire development and Nature Preserve. Further coordination with TXDOT for future plans for S.H. 146 is needed. The possible addition of turn lanes on McCabe road should also be considered. Traffic Analysis: The applicant has submitted a traffic analysis study report. The report previously had taken into account an entire development for a build-out in 2007. It also included the Commercial Strip Center and Nature Preserve as an estimate with no other detail of their nature. Preserve at Taylor Bayou March 17, 2005 Page 3 of 5 The study mentions the future TxDOT Highway 146 improvements, but concludes no impact on the study or development. The study gives a cursory mention of other developments but generalizes a 5% annual growth and takes that factor into the estimates for the survey. That rate is average for the HGAC region although local estimates can be much higher. The growth, according to the study, will not have a significant impact on the development or the traffic flow in relation to level-of-service ratings because of the limited access between McCabe Road and SH 146 now and in the future. With Level-Of-Service (LOS) A being the best, LOS D being acceptable and LOS F being severely congested service, the study cites that the development, given the parameters stated above, will rate no worse than LOS B and concludes no adverse impact for this development. · Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. The site for this development does, however, split Flood Zone X to the west and a Flood Zone AE to the East. · Density - Staff utilized the Land Use Plan as a guide with the designated land use as Low Density Residential. In previous conversations, the applicant stated that due to changes in legislation, he received notification from the Army Corps of Engineers that more acreage of this project could be developed. There are 20 single-family lots proposed for 4.17 acres with a development ratio of 4.8 units per acre. Single- family Patio Homes with 76 lots on 12.67 acres equal to 6 lots per acre. Twelve townhomes on 1.20 acre come out to be 10 units per acre. 180- unit multi-family residential development yields 12.86 acres with a density allowed by ordinance 14 units per acre (Section 106-333). · Utilities - There are sufficient water distribution facilities along McCabe Road to supply potable water and fire protection to this proposed project. Provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Sanitary sewer service is not readily available to this site, and must be coordinated with the development to the north. The City prepared a long-term sanitary sewer master plan for providing sewer service to areas of southeast La Porte. The master plan calls for the elimination of a lift station # 12 and new lift station to be constructed near the corner of intersection of A 104 and McCabe Road. Utility plans must be coordinated with the City Staff. The project engineer expressed his intension on taking the sanitary sewer flow north through the Lakes at Fairmont Greens, a proposed subdivision Preserve at Taylor Bayou March 17,2005 Page 4 of5 off SH 146. Based upon the preliminary studies, the Preserve at Taylor Bayou, if hooked up to the new 24" trunk main going north for sanitary sewer would represent 31.2% of the total anticipated capacity. Coordination and contribution shall be required for the system upgrade to handle both developments with each developer being expect to share the prorated cost of construction. . Drainage - This property lies within the Taylor Bayou Watershed. The City has a master drainage plan for the Taylor Bayou Watershed that was performed by the Civil Tech. The plan calls for regional detention for this area. Efforts should be made to work with the developer north of McCabe Road towards the implementation of this master drainage plan. The channel improvements to Taylor Bayou are not designed to directly receive storm water runoff from this project. The General Plan, therefore, shows that storm water will be detained using a basin system in each phase to regulate run-off. Outfalls have to be determined and coordinated with the Army Corps of Engineers and the Harris County Flood Control District. The copies of the permits must be presented to the City. · Nature Preserve -The applicant is willing, and the Army Corps of Engineer permit states that the dedication of approximately 75.16 acre nature preserve is to be made to the County/City. The issues are being worked towards resolution. The City of La Porte remains a party to facilitating any dedication to Harris County or other agency. These issues may be coordinated and approved in a separate dedication instrument. · New Multi-Family Regulations - At the present time, changes from the previous submittal make this General Plan conform to the regulations. In addition, the total development is located within Planned Unit Development (PUD)Zone. . Army Corps of Engineer Issues: ~ US Army Corps of Engineers (USACE) issued a permit on Feb 14,2000, to fill 9.6 acres of wetlands to construct an apartment complex. This area must be shown on the plan. ~ According the applicant, this Individual Permit(IP) is valid until December, 2005. ~ This permit is for a single and complete project that would include all minor deviations mandated by the City. ~ USACE agreed with NAI environmental assessment that if the lift station is moved slightly west. The applicant's Engineer, David Sepulveda, is working on with the City Engineering staff. Preserve at Taylor Bayou March 17, 2005 Page 5 of5 Based on the above analysis, staff believes that the current submittal has merit, and recommends approval of the SCUP and GP. Staff will continue further coordination in the areas of utility planning and Preserve dedication. We solicit the Commission's input while considering the following conditions: 1. An overall density of the multi-family (apartments) and town homes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be established. The City requirement for compensating open land will apply. The City must approve the conservancy dedication instrument. 3. The applicant/developer shall be responsible for the maintenance of the 75.16 acres Nature Preserve/ Conservation Easement until transfer of ownership or responsibility. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. The design of the detention will be reviewed by staffto ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control must be presented to the City. 6. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that traffic congestion does not occur as a result of his project. 7. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project. This fund is for the lifetime of the project. 9. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the lift station. 10. The owner/applicant must contribute 31.2%their portions of the lift station to be built north of the site and the portion of the off-site lift station that needs to be upgraded to handle both north and south developments. 11. The applicant must provide proof of funding allocation. 12. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 13. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit. 14. Utility Plan must be approved by City Staff. 15. Proposed sidewalks must be annotated on the General Plan. 16. All utilities should be planned for underground routing. 17. The applicant must provide a covenant for maintenance of common areas. 18. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: · Recommend to Council approval of this SCUP#05-004. · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. OR Continue discussion at the Commission's next meeting to allow further study of item. This results in tabling any action on this item. LEGEND = PROPOSED DEVELOPMENT = POTENTIAL PRESERVE REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2005 Requested By: Wayne Sabo .~ Appropriation Source of Funds: N/A Department: Planninl! Account Number: N/A Report: Resolution: Ordinance: ~ Amount Budgeted: N/A Exhibits: P&Z Staff Report Aerial Map Ordinance General Plan Amount Requested: N/A SUMMARY & RECOMMENDATION . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing an industrial park containing rail operations, warehousing, industrial and commercial uses. . This request was initially approved as SCU# 98-001 with one extension, and again as SCU#02-002 with one extension. The first SCUP expired for lack of activity and the latter expired on June 20, 2004. . Staff received a detailed sketch plan on May 28, 2004. Plan did not qualify as a certified Site Plan. A post-review letter was sent to the applicants on June 3, 2004. . The developer put together a new development team and submitted a General Plan on January 24, 2005. The Commission held a public hearing to consider Special Conditional Use Permit #SCU05-003. . The owner/developer also amended the original Development Agreement in anticipation of new developments or changes in the area. There are few notable changes requested by the owner/developer to the original Development Agreement, which are summarized as follows; ~ The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont parkway and Powell Road, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. ~ This agreement also contemplates that all trucks will enter and leave the site via SHl46 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. Powell Road, north of Wharton Weems, will not be designated truck route. Recognizing that these are difficult issues, Staff and the Developer created a preliminary development proposal that is in the best interest of the City of La Porte. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. We now see some forward movement on the development in general, since the developer has introduced a new team to implement this project. The Commission recommends approval of the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all Exhibits contained therein will be presented in fmal form and that the SCUP does not go into effect until all elements are approved by the City. The Commission recommended approval of the General Plan and Special Conditional Use Permit with the following conditions in place: 1. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement, Ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 4. The Developer shall comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z for Special Conditional Use Permit #SCU05-003. ~ 3' -- d d- -()5 Date Staff Report February 17, 2005 Request: Requested Bv: Requested For: Present Zoning: Requested Use: Background: Texas Import/Export Park Special Conditional Use Permit #SCU05-003 Special Conditional Use Permit#SCU05-003, Proposed Development of TIEP within a Planned Unit Development (PUD) Zone La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., and La Porte 146, Ltd., by Stuart Haynsworth, General Partner Approximately 342 acre tract in the George B. McKinstry League, Abst.-47; W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (South 16th Street). Planned Unit Development (PUD) Industrial, Commercial and Retail Texas ImportlExport Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad tracks and the State Highway 146 South. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit and a General Plan covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a Public Hearing for the SCUP and General Plan on July 21, 1998 and concluded that public hearing on August 20, 1998. On March 3, 1999, the Commission unanimously recommended approval of the SCUP, General Plan, and the Development Agreement. On March 15, 1999, City Council approved the General Plan, SCUP#98-001, and the Development Agreement. Only Stuart Haynsworth, General Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the Development Agreement. Daetwyler Enterprises (now CDM Enterprises) did not execute the Development Agreement. On April 27, 2000, the Commission granted a one (1) year extension for SCUP#98-001. In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The applicant's request was essentially a repeat of the previously approved SCUP#98-00 1 less the Daetwyler (now owned by CDM) properties. SCU05-003 Feb 17,2005 Page 2 of 4 At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02- 002. On June 10, 2002, City Council approved General Plan, Development Agreement and SCUP#02-002. A one-year extension was subsequently granted in June 2003, which was expired on June 20, 2004. Owner/developer submitted another application for Special Conditional Use Permit #SCU04-011. The Planning and Zoning Commission, at their meeting on June 17, 2004, held a workshop and discussed the following Issues: . Site plan submittal . Dedication/improvement to Powell Rd. . Phase I-A development (strip of land contiguous to UPRR containing two rail lines ) . Phase I development (first warehouse, with rail access) . Access from Powell Rd. . Traffic flow concept for entire project The outstanding issues were too complex for staff to make a recommendation at that time. In addition, the applicant requested to submit the new plan at the next meeting. Later, per instructions from the City Attorney, as the subject property was under litigation, an application along with the check was returned to the applicant. Analvsis: Section 106-216 of the Code of Ordinances, and the approved SCUP both defme a one-year time frame for construction to begin for the Phase I development. Failure to begin construction within one year voids the approved SCUP unless an extension is granted by the Commission. Since approval of the extension on SCUP#02-002 from City Council, no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed interest in developing the site. Since another extension on the present SCUP was not allowed, this request represents a new submittal. Staff received a general plan for proposed development of Texas Import/Export Park. There are no notable changes in the development conditions that would affect the subject property. All infrastructure requirements are the same as they were when this project received initial approval. This project shows some forward progress with the new developers. The developer asked that present conditions have mandated changes to the Developer's Agreement associated with this SCUP. There are few notable SCD05-003 Feb 17,2005 Page 3 of4 changes requested bv the owner/developer to the present Development Agreement, which are summarized as follows; . The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont parkway and Powell Road, or in the alternative, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. . This agreement also contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. These roadways will not be constructed as 4 lane right-of-ways. As, Harris County agreed to fund the overpass at Fairmont Parkway, this is simply one of many issues regarding traffic impacts of the proposed project. In addition, other traffic engineering studies need to be funded by the owner/developer. While, the City's Thoroughfare Plan, Comprehensive Plan, and TIRZ recommend 4-lane road for this area. The controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to Harris County Major Thoroughfare Standards. Site Rail Traffic - The Union Pacific Railroad Overpass construction project will start in May 2005. Construction will likely take approximately 12 months. It is likely that the overpass over the railroad tracks on Fairmont Parkway will be completed before the Texas Import/Export facility contributes significant traffic to the existing rail lines crossing Fairmont Parkway. Once constructed, there will, of course, be zero impact to vehicular traffic on Fairmont Parkway due to stopped trains, switching etc. The usual and customary delays to vehicular traffic on Fairmont Parkway due to the overpass construction should be expected. Utilities - The proposed waterline interconnect loop to be used for both fire suppression and potable water supply will likely have to continue the existing waterline on Powell Road south to the newly proposed intersection of Wharton Weems Blvd and Powell Road whereupon the waterline will turn east and run to SH 146. A set of bores will likely be needed to run the future waterline across SH 146 to connect to the existing 16" waterline on the east side of SH 146. It is expected that the waterline will continue south through the proposed intersection of Wharton Weems Blvd and Powell Road south to McCabe Road, thence east to SH 146. Again, a set of bores will likely be needed to take the future waterline across SH 146 to connect to the 16" waterline on the east side of SH 146. The Public Works Department has assured us in the past that the City has ample water supply to accommodate the projected demands. SCU05-003 Feb 17, 2005 Page 4 of 4 Drainage - It is expected that the anticipated drainage study on the subject property will include the effect of the development on the surrounding properties as well as the development's effect on the watershed. A thorough drainage report will and should include such effects. Such a report should give details of the proposed drainage channel to be constructed extending AI04-00-00 into the development, its use as in-line detention, expected runoff flows and internal drainage subareas. For the properties (if there are any) that drain through the property in question, it is also expected that the drainage report will address such impacts and suggest mitigation efforts. Conclusion & Recommendation: Recognizing that these are difficult issues, Staff and the developer created a preliminary development proposal. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. Given that we now see some forward movement on the development in general, Staff recommends the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all supporting documents contained therein will be presented in final form and that this SCUP does not go into effect until all elements are resubmitted to the Commission and approved by City Council. Should the Commission wish to approve the SCUP in its present format, staff recommends the following: 1. This SCUP does not go into effect until amended General Plan, Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by this General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with the SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. scu 05-003 ~ ::: PROPOSED 'OEVELOP~ 4120/2005 UDdate on Leaislative Bills 5B 1198 Relating to the determination of the portion of the tax increment produced by a municipality that the municipality is required to pay into the tax increment fund for a reinvestment zone. Current Status: In committee A municipality that has determined the portion of the tax increment produced by the municipality that the municipality is required to pay into the tax increment fund for a reinvestment zone by ordinance may reduce the portion of the tax increment produced by the municipality that the municipality is required to pay into the fund for the zone. The portion of the tax increment produced by a municipality that the municipality is required to pay into the tax increment fund for a reinvestment zone, together with all other revenues required to be paid into the fund, must be sufficient to pay the estimated project costs of the zone as shown in the reinvestment zone financing plan, any tax increment bonds or notes issued for the zone, and any other obligations of the zone. 5B 1199 Relating to the deposit of municipal sales and use taxes into a tax increment fund. Current Status: In committee The governing body of a municipality may determine, in an ordinance designating an area as a reinvestment zone or in an ordinance adopted subsequent to the designation of a zone, the portion or amount of tax increment generated from municipal sales and use taxes attributable to the zone, above the sales tax base, to be deposited into the tax increment fund. HB 1894 Economic Development (4A & 4B) Relating to the definition of a primary job with respect to a project that may be undertaken by a development corporation. Current Status: In committee Would permit the expenditure of 4A & 4B sales tax revenue to promote hotels and restaurants.