CITY COUNCIL AGENDA NOTICE OF WORKSHOP

Transcription

1 CITY COUNCIL AGENDA NOTICE OF WORKSHOP Tuesday, February 20, :30 p.m. Council Chamber - City Hall Daniel P. Moore Community Center Complex 1900 Billy G. Webb Portland, Texas This workshop may be recessed before the Regular City Council meeting begins at 7:00 p.m. and reconvened after the Regular City Council meeting ends. 1. CALL TO ORDER: MAYOR KREBS 2. INDIAN POINT PARK PAVILION PROJECT: THE CITY COUNCIL WILL DISCUSS A CONCEPTUAL DESIGN FOR THE INDIAN POINT PARK PAVILION PROJECT AFTER A PRESENTATION FROM RICHTER ARCHITECTS CITY MANAGER 3. SENIOR HOUSING DEVELOPMENT PRESENTATION AND DISCUSSION: AFTER A PRESENTATION FROM FISH POND LIVING AT PORTLAND, LP, ON THE PROPOSED FISH POND AT PORTLAND DEVELOPMENT, THE CITY COUNCIL WILL DISCUSS A RESOLUTION OF SUPPORT FOR THE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE 2018 COMPETITIVE HOUSING TAX CREDITS PROGRAM CITY MANAGER, ASSISTANT CITY MANAGER, AND REPRESENTATIVES OF FISH POND LIVING AT PORTLAND, LP 4. ADJOURNMENT: MAYOR KREBS NOTICE OF ASSISTANCE If you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. City Hall is wheelchair accessible and specially marked parking spaces are located in front of

2 its entrance. Special seating will be provided in the Council Chamber during the meeting. BRAILLE IS NOT AVAILABLE Posted: February 16, 2018 by 5 p.m. Portland City Hall Electronically at By: Annette Hall City Secretary

3 1. CALL TO ORDER: MAYOR KREBS CITY COUNCIL AGENDA NOTICE OF REGULAR MEETING Tuesday, February 20, :00 p.m. City Hall - Council Chamber Daniel P. Moore Community Center Complex 1900 Billy G. Webb Drive Portland, Texas 2. INVOCATION AND PLEDGE: MAYOR KREBS OR DESIGNEE 3. FORMAL ANNOUNCEMENTS, RECOGNITION, PRESENTATIONS AND REPORTS THAT MAY BE DISCUSSED: INTRODUCTION OF NEW EMPLOYEES SPORTS DIRECTOR PRESENTATION ON THE WALL THAT HEALS MOBILE EXHIBIT DIRECTOR OF MARKETING AND COMMUNICATIONS 4. CITY COUNCIL COMMENTS CONCERNING ITEMS OF COMMUNITY INTEREST THAT MAY NOT BE DISCUSSED: Members of the City Council may present reports regarding items of community interest, provided no action is taken or discussed. Items of community interest include the following: Expressions of thanks, congratulations, or condolence Information regarding holiday schedules Honorary recognition of city officials, employees, or other citizens Reminders about upcoming events sponsored by the city or another entity that is scheduled to be attended by a city official or city employee Announcements of imminent threats to the public health and safety of the city

4 5. CITY MANAGER S REPORT: The City Manager may present announcements, comments and updates on City operations and projects. 6. MEMBERS OF THE AUDIENCE WHO WISH TO (1) COMMENT OR PRESENT QUESTIONS ABOUT AN AGENDA ITEM, (2) PRESENT QUESTIONS OR CONCERNS ON ISSUES NOT ON THE AGENDA, OR (3) PROPOSE REGULATORY OR POLICY CHANGES, MAY ADDRESS THE CITY COUNCIL FOR UP TO FOUR (4) MINUTES. SPEAKERS MUST COMPLY WITH THE FOLLOWING RULES: Persons who wish to speak must fill out and turn in a speaker card before the meeting is convened (The Mayor will notify you when it s your turn to speak) All persons must speak from the podium, and must identify themselves and their places of residence All comments, requests and proposals must be presented to or through the Mayor If you have a petition or other information related to your topic, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the speaker would like to use while they speak MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the City Secretary at (361) to coordinate. The Texas Open Meetings Act prohibits the City Council from responding to or discussing your comments. The Mayor or City Council may: 1. Make a statement of factual information 2. Recite an existing policy in response to a question, or 3. Advise the speaker that a subject will be placed on the agenda at a future meeting. It is the policy of the City Council that citizens shall have the right to be heard, and that no Council member, staff member, or member of the audience may berate, embarrass, accuse, or show personal disrespect for a member of the City Council, staff, or member of the public at any City Council meeting. 7. MINUTES OF PREVIOUS MEETING: THE CITY COUNCIL WILL CONSIDER THE MINUTES OF ITS FEBRUARY 6, 2018 REGULAR MEETING MAYOR KREBS AND CITY SECRETARY 8. RESOLUTION OF SUPPORT FISH POND LIVING AT PORTLAND, LP: THE CITY COUNCIL WILL CONSIDER A RESOLUTION OF SUPPORT FOR THE APPLICATION OF FISH POND LIVING AT PORTLAND, LP, TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE 2018 COMPETITIVE HOUSING TAX CREDITS PROGRAM CITY MANAGER 9. ACCEPT RESIGNATION OF COUNCIL MEMBER SKUROW: THE CITY COUNCIL WILL CONSIDER ACCEPTING THE RESIGNATION OF COUNCIL MEMBER SKUROW MAYOR KREBS 10. RESOLUTION NO. 747 ORDERING A SPECIAL ELECTION TO ELECT ONE COUNCIL MEMBER TO AN UNEXPIRED TERM: THE CITY COUNCIL WILL CONSIDER A RESOLUTION

5 CALLING FOR A SPECIAL ELECTION ON MAY 5, 2018 TO FILL ONE UNEXPIRED TERM CREATED BY THE RESIGNATION OF COUNCIL MEMBER CATHY SKUROW CITY MANAGER 11. PUBLIC HEARING ABANDONMENT AND SALE OF SURPLUS RIGHT-OF-WAY: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM EUGENE WHITE TO PURCHASE APPROXIMATELY 2,999 SQUARE FEET OF SURPLUS DEDICATED ALLEY ADJACENT TO HIS PROPERTY AT 200 ELM (LOTS 13-20, BLOCK 5, TIER B, CITY OF PORTLAND) ASSISTANT CITY MANAGER 12. PUBLIC HEARING ABANDONMENT AND SALE OF SURPLUS RIGHT-OF-WAY: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM MR. AND MRS. SEGIFREDO G. MELENDEZ, JR., TO PURCHASE APPROXIMATELY ACRES OF SURPLUS EIGHTH STREET RIGHT-OF-WAY BETWEEN WILDCAT DRIVE AND RAILROAD STREET ADJACENT TO 801 WILDCAT DRIVE ASSISTANT CITY MANAGER 13. ORDINANCE NO ABANDONMENT AND SALE OF SURPLUS RIGHT-OF-WAY: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT AUTHORIZES THE CITY MANAGER TO SELL TO MR. AND MRS. SEGIFREDO G. MELENDEZ, JR., APPROXIMATELY ACRES OF SURPLUS EIGHTH STREET RIGHT-OF-WAY BETWEEN WILDCAT DRIVE AND RAILROAD STREET ADJACENT TO 801 WILDCAT DRIVE ASSISTANT CITY MANAGER 14. PUBLIC HEARING REZONING REQUEST: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM MICHAEL J. SULLIVAN TO REZONE 0.87 ACRES LOCATED AT 990 FLOERKE ROAD (BEING PART OF THE NORTH HALF OF FARM LOT 2, BLOCK A OF THE NUECES BAY FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 77, PAGE 590 OF THE DEED RECORDS OF SAN PATRICIO COUNTY TEXAS) FROM R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT (TEMPORARY ZONING), TO C-G, GENERAL COMMERCIAL DISTRICT ASSISTANT CITY MANAGER 15. ORDINANCE NO REZONING REQUEST: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT REZONES 0.87 ACRES LOCATED AT 990 FLOERKE ROAD (BEING PART OF THE NORTH HALF OF FARM LOT 2, BLOCK A OF THE NUECES BAY FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 77, PAGE 590 OF THE DEED RECORDS OF SAN PATRICIO COUNTY TEXAS) FROM R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT (TEMPORARY ZONING), TO C-G, GENERAL COMMERCIAL DISTRICT ASSISTANT CITY MANAGER 16. PUBLIC HEARING UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING UNIFIED DEVELOPMENT ORDINANCE

6 TEXT AMENDMENTS TO SECTION 406 PERMITTED USE TABLE AND CHAPTER 5 SUPPLEMENTARY USE STANDARDS ASSISTANT CITY MANAGER 17. ORDINANCE NO UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT AMENDS THE UNIFIED DEVELOPMENT ORDINANCE SECTION 406 PERMITTED USE TABLE AND CHAPTER 5 SUPPLEMENTARY USE STANDARDS ASSISTANT CITY MANAGER 18. ORDINANCE NO WILDCAT DRIVE SPEED LIMITS: THE CITY COUNCIL WILL CONSIDER THE SECOND AND FINAL READING OF ORDINANCE NO THAT ADJUSTS THE SPEED LIMITS ON WILDCAT DRIVE (F.M. HIGHWAY NO. 2986) ASSISTANT CITY MANAGER 19. MUNICIPAL PARK AND SPORTS COMPLEX IMPROVEMENTS PROJECT PARTIAL RETAINAGE RELEASE: THE CITY COUNCIL WILL CONSIDER MUNICIPAL PARK AND SPORTS COMPLEX IMPROVEMENTS PROJECT PARTIAL RETAINAGE RELEASE TO HELLAS CONSTRUCTION IN THE AMOUNT OF $763, ASSISTANT CITY MANAGER 20. ADJOURNMENT: MAYOR KREBS NOTICE OF ASSISTANCE If you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary, Annette Hall (361) or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. The City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. BRAILLE IS NOT AVAILABLE Posted February 16, 2018 by 5:00 p.m. By: Portland City Hall Annette Hall Electronically at City Secretary

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8 CITY OF PORTLAND CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 6, :00 P.M. On this the 6 th day of February 2018, the Council of the City of Portland convened in a regular meeting session at 7:00 p.m. in the Council Chambers of City Hall, Daniel P. Moore Community Center Complex and notice of regular meeting giving the time, place and date and subject having been posted as described by Section 551 of the Government Code. MEMBERS PRESENT: David Krebs Ron Jorgensen Cathy Skurow Gary Moore Sr. John Green Bill T. Wilson II John G. Sutton Jr. Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member STAFF PRESENT: Randy Wright Brian DeLatte Annette Hall Katie Griffin Mark Cory Lyle Lombard Mona Gandy Terrell Elliott Matt Rogers Drew Schell Brandon Lemon City Manager Assistant City Manager City Secretary Director of Finance Chief of Police Fire Chief Director of Marketing and Communications IT Manager Sports Director IT Technician Assistant Accountant And with a quorum being present, the following business was transacted: A. PROCEDURAL MATTERS, HONORS AND RELATED NON-ACTION ITEMS: 1. CALL TO ORDER: MAYOR KREBS Mayor Krebs called the meeting to order at 7:00 pm. 2. INVOCATION AND PLEDGE: MAYOR KREBS OR DESIGNEE Council Member Wilson gave the invocation and Boys Scout Troop 20 led the Pledge of Allegiance.

9 3. FORMAL ANNOUNCEMENTS, RECOGNITION, PRESENTATIONS AND REPORTS THAT MAY BE DISCUSSED: GULF COAST GROWTH VENTURES PROJECT UPDATE REPRESENTATIVES OF GCGV This item was not discussed VOESTALPINE TEXAS, LLC OPERATIONS UPDATE REPRESENTATIVE OF VOESTALPINE TEXAS, LLC Voestalpine, Texas, LLC, CEO, Stefan Einfalt gave an update on Sound Mitigation that included the following: Current status on implementation of silencing measures Sound Mitigation Timeline Baseline Situation Sound Mitigation on Dedusting Stacks Sound Mitigation Progress Sound Mitigation Main Air Blower (MAB) Sound Mitigation Seal Gas Compressor (SGC) Results and Conclusions to date Voestapline Contributions ANNOUNCEMENT ON THE TEXAS TROPICAL TRAILS PROGRAM LIBRARY DIRECTOR Technical Services Librarian, Ramona Gibson, announced that the Bell- Whittington Library is partnering with the Texas Tropical Trails Program to host a Community event on February 20, 2018 at 9:30 a.m. that will include the following: Welcome and refreshments at the Bell-Whittington Library with Portland City Manager, Randy Wright o Great Tales of South Texas Author/Historian Jim Moloney o From Portland To NASA Edward Dale Campbell o Gulf Coast Photo Tour Slideshow o Impact, Aftermath & Clean-up after Hurricane Harvey Lunch at Northshore Country Club (ticketed event $17) o History of Portland Mayor Krebs o Economic Story of Portland Portland Chamber of Commerce, President, Shelly Stuart QUARTERLY FINANCIAL REPORT DIRECTOR OF FINANCE Director of Finance, Katie Griffin, presented Quarterly Investment and Finance Report that included the following information:

10 Quarterly Investment and Finance Report 4th Quarter FY Quarter Ending September 30, 2017 Type of Investment as a % of the Total Cash In Investment In Investment In Certificates Bank TexPool Texas Class Pool of Deposit $ 1,256, $ 14,488, $ 2,626, $ 3,816, % 65.30% 11.84% 17.20% September 30, 2017 Portfolio Distribution by Type of investment Portfolio Performance Wrap-up Fiscal Year Financial Update Quarter Ending September 30, 2017 Year-End Revenues FY Revenue Highlights Year-End Expenditures FY Expenditure Highlights FY Adopted Budget Highlights 4. CITY COUNCIL COMMENTS CONCERNING ITEMS OF COMMUNITY INTEREST THAT MAY NOT BE DISCUSSED: Members of the City Council may present reports regarding items of community interest, provided no action is taken or discussed. Items of community interest include the following: Expressions of thanks, congratulations, or condolence Information regarding holiday schedules Honorary recognition of city officials, employees, or other citizens Reminders about upcoming events sponsored by the city or another entity that is scheduled to be attended by a city official or city employee Announcements of imminent threats to the public health and safety of the city Council Member Skurow commented that in November of last year she declared her intent to run for the Mayoral seat in The City Charter required her to resign her position on the City Council. She thanked everyone for their support while serving on the City Council.

11 Council Member Green thanked Boys Scout Troop 20 for attending tonight s meeting and leading the Pledge of Allegiance. He encouraged them to continue on a successful path of becoming an Eagle Scout. Council Member Moore thanked Boys Scout Troop 20 for leading the Pledge of Allegiance and added that what they learn being in the Boys Scouts Program will help carry them through life. Council Member Sutton encouraged the member of Boys Scout Troop 20 to continue being part of the Boys Scout program. Council Member Wilson thanked Boys Scout Troop 20 for leading the Pledge of Allegiance and encourage them to stay active in Boys Scouts through their adult life. Mayor Pro Tem Jorgensen thanked the Boys Scout Troop 20 for participating in tonight s meeting by leading the Pledge of Allegiance. He added that Portland has a high rate of Boys Scout participation in the community, which will leads to great leaders. Mayor Krebs commented that, with Council Member Skurow announcing her intention to resign her position to file for the Mayoral position in May, the Portland City Charter required the City Council to appoint a person to temporarily fill Council Member Skurow s vacancy within thirty (30) days. Application may be filed by qualified Portland residents in the Office of the City Secretary until 5:00 p.m. on March 5, CITY MANAGER S REPORT: The City Manager may present announcements, comments and updates on City operations and projects. There were none. 6. MEMBERS OF THE AUDIENCE WHO WISH TO (1) COMMENT OR PRESENT QUESTIONS ABOUT AN AGENDA ITEM, (2) PRESENT QUESTIONS OR CONCERNS ON ISSUES NOT ON THE AGENDA, OR (3) PROPOSE REGULATORY OR POLICY CHANGES, MAY ADDRESS THE CITY COUNCIL FOR UP TO FOUR (4) MINUTES. SPEAKERS MUST COMPLY WITH THE FOLLOWING RULES: Persons who wish to speak must fill out and turn in a speaker card before the meeting is convened (The Mayor will notify you when it s your turn to speak) All persons must speak from the podium, and must identify themselves and their places of residence All comments, requests and proposals must be presented to or through the Mayor If you have a petition or other information related to your topic, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the speaker

12 would like to use while they speak MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the City Secretary at (361) to coordinate. The Texas Open Meetings Act prohibits the City Council from responding to or discussing your comments. The Mayor or City Council may: 1. Make a statement of factual information 2. Recite an existing policy in response to a question, or 3. Advise the speaker that a subject will be placed on the agenda at a future meeting. It is the policy of the City Council that citizens shall have the right to be heard, and that no Council member, staff member, or member of the audience may berate, embarrass, accuse, or show personal disrespect for a member of the City Council, staff, or member of the public at any City Council meeting. There were none at this time. This item was revisited after Item No MINUTES OF PREVIOUS MEETING: THE CITY COUNCIL WILL CONSIDER THE MINUTES OF ITS JANUARY 23, 2018 WORKSHOP AND SPECIAL MEETING MAYOR KREBS AND CITY SECRETARY Council Member Green made the motion to approve the minutes of the January 23, 2018 workshop and special meeting, seconded by Council Member Moore. The motion passed with the following vote: Aye: 6 - Mayor Pro Tem Jorgensen, Council Member Skurow, Council Member Moore, Council Member Green, Council Member Wilson and Council Member Sutton Nay: 0 - Absent: 0 - Abstained: 1 - Mayor Krebs 8. RESOLUTION NO. 745 ORDERING THE MAY 5, 2018 GENERAL ELECTION: THE CITY COUNCIL WILL CONSIDER RESOLUTION NO. 745 ORDERING THE MAY 5, 2018 GENERAL ELECTION FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO TWO (2) YEAR TERMS MAYOR AND CITY SECRETARY City Secretary, Annette Hall, presented the following information: Resolution No. 745 authorizes a May 5, 2018 General Election for the purpose of: Electing a Mayor and two (2) Council Members to two (2) year term Establishing a single voting site (Portland Community Center)

13 Establishing early voting hours of 8 a.m. to 5 p.m. beginning on April 23 May 1, 2018 Recommendation of extended voting hours of 7:00 a.m. to 7:00 p.m. on Monday, April 23, 2018 and Monday, April 30, 2018 as required by the Election Code. Authorizes the City Manager to enter into an agreement with the San Patricio County Election Administrator associated with conducting the May election and with other political subdivision to conduct a joint election pursuant to Chapter 271 of the Texas Election Code if needed. Council Member Green made the motion adopting Resolution No. 745 ordering the May 5, 2018 General Election for the purpose of electing a Mayor and two (2) Council Members to two (2) year terms, seconded by Council Member Sutton. The motion passed with the following vote: Aye: 7 - Mayor Krebs, Mayor Pro Tem Jorgensen, Council Member Skurow, Council Member Moore, Council Member Green, Council Member Wilson and Council Member Sutton Nay: 0 - Absent: 0 - Abstained: 0-9. PUBLIC HEARING: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING PROPOSED CHARTER AMENDMENTS MAYOR AND CITY MANAGER Mayor Krebs opened the Public Hearing at 7:55 p.m. to solicit comments from citizens and other interested parties concerning proposed Charter Amendments. City Manager, Randy Wright, presented and reviewed the following information: Charter Amendment Process Original Charter adopted August 8, 1967 Amended 1970, 1972, 1987 Review Committee appointed November 15, 2016 Two current council members and three citizens Six public meetings Made final report to Council on January 23, 2018 Recommended for ten ballot questions Next steps City Council calls for a special election by resolution Election same time as regular city elections May 5, 2018 Changes approved by voters are ratified by the City Council after the election

14 Ballot Questions A. Shall the Portland, Texas City Charter be amended to add a provision to Article IX (General Provisions) that the charter is to be gender-neutral and amended throughout to make the charter language gender-neutral; to correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; to make nonsubstantive changes to clarify the meaning of various charter provisions and documented in a proposed City Charter on file with the City Secretary; to conform to requirements and/or provisions of current state law and/or federal law; and to remove charter language that is obsolete? 79 changes to gender neutral language 41 non-substantive changes to clarify meanings, conform to current state law, and remove obsolete language All changes are reflected in the proposed redline version B. Shall the Portland, Texas City Charter, Section 2.02, be amended to set compensation for city council members at $25 per meeting and the mayor at $50 per meeting with an annual adjustment each September 30th based on changes to the Consumer Price Index for All Urban Consumers (CPI-U), but not more than 5% in any one year? Compensation last set in April, 1970 Average meeting time: 1:45 Pflugerville $0 Rosenberg - $200/$300 per month Sachse Determined by City Council Schertz Determined by City Council Seguin Determined by City Council Corpus Christi - $6,000/$9,000 per year Ingleside - $25/meeting; max of $50/month Aransas Pass - $1.00/year Kingsville - $25/$50 per meeting Victoria Determined by City Council Alice - $50/$100 per month Robstown - $1,200/$1,800 per year C. Shall the Portland, Texas City Charter, Section 2.04, be amended to clarify that when a mayor or council member ceases to reside inside the city limits of Portland the person's elected position immediately becomes vacant? Current provision requires residency upon election and states that members must continue to possess qualifications. This change would clarify that requirement.

15 D. Shall the Portland, Texas City Charter, Section 2.06, be amended to clarify that a quorum of a simple majority of the city council is needed to take action during a regular city council meeting? This change would clarify that a quorum is required to conduct business. Currently, a simple majority of the members of council is required. E. Shall the Portland, Texas City Charter, Section 2.11, be amended to require a mayor or city council member to immediately forfeit his/her office upon filing as a candidate in any election except one under this charter? Currently, members forfeit their positions when they file to run for any council position if their current term extends beyond election day. This would require resignation to run for any position but a council/mayoral seat. F. Shall the Portland, Texas City Charter, Section 2.08, be amended to allow for digital scanning, indexing and storage of ordinances and other actions by the city council? Current code requires an indexed ordinance book. Filing today includes electronic scanning and storage. G. Shall the Portland, Texas City Charter, Section 5.23, be amended to remove the provision that allows the city manager to sell notes at a private sale without advertisement? This section has no practical purpose given modern fiduciary practices. H. Shall the Portland, Texas City Charter, Section 5.17, be amended to allow the city council to approve other ways to advertise the sale of city property besides in a local newspaper? This change would broaden the City s ability to advertise for sales. I. Shall the Portland, Texas City Charter, Section 5.21, be amended to expand the list of instruments requiring the signatures of both the city manager and the mayor to include "remittances? This change strengthens the City s money-handling policy by expanding the list of cash transfers requiring dual signatures. J. Shall the Portland, Texas City Charter, Section 3.01, be amended to authorize the city council to set the compensation of the city manager? Although implied in other provisions of the charter, this change clarifies that the city council sets the compensation for the city manager.

16 Mayor Krebs asked for any comments from the public. Hearing and seeing none, the Public Hearing was closed at 8:08 p.m. 10. RESOLUTION NO. 746 ORDERING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER: THE CITY COUNCIL WILL CONSIDER A RESOLUTION CALLING FOR A SPECIAL ELECTION ON MAY 5, 2018 TO ALLOW VOTERS TO CONSIDER CHANGES TO THE CITY OF PORTLAND CHARTER CITY MANAGER Council Member Wilson made the motion to adopt Resolution No. 746 ordering a Special Election on Proposed Amendments, seconded by Council Member Moore. Council Member Skurow thanked the Charter Review Committee that consisted of Portland resident David Lewis, Portland resident and former Mayor Dick Moser, Portland resident Jerry Browning, Jr., Council Member John Green and the City Staff for their hard work during the Charter Review process. The motion passed with the following vote: Aye: 7 - Mayor Krebs, Mayor Pro Tem Jorgensen, Council Member Skurow, Council Member Moore, Council Member Green, Council Member Wilson and Council Member Sutton Nay: 0 - Absent: 0 - Abstained: ORDINANCE NO WILDCAT DRIVE SPEED LIMITS: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT ADJUSTS THE SPEED LIMITS ON WILDCAT DRIVE (F.M. HIGHWAY NO. 2986) ASSISTANT CITY MANAGER Assistant City Manager, Brian DeLatte, presented the following information: Ordinance No reduced speed limits on Wildcat Drive (F.M. Highway No. 2986) as requested by the Texas Department of Transportation (TxDOT). TxDOT has informed City Staff that it made an error in information provided to the City. Ordinance No corrects the error. The proposed ordinance reduces the speed limit from 45 mph to 40 mph for approximately 3,800 feet of Wildcat Drive from north of Post Oak Drive to Buddy Ganem Drive. The speed limit is also reduced from 70 mph to 55 mph for approximately 2,000 feet of Wildcat Drive north of Buddy Ganem. Mayor Pro Tem Jorgensen made the motion to approve the first reading of Ordinance No that adjusts the speed limits on Wildcat Dr., seconded by Council Member Wilson.

17 The motion passed with the following vote: Aye: 7 - Mayor Krebs, Mayor Pro Tem Jorgensen, Council Member Skurow, Council Member Moore, Council Member Green, Council Member Wilson and Council Member Sutton Nay: 0 - Absent: 0 - Abstained: 0 - Mayor Krebs read the following caption: ORDINANCE NO AN ORDINANCE AMENDING SPEED LIMITS ON WILDCAT DRIVE (F.M. HIGHWAY NO. 2986); PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY AND SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE 12. ORDINANCE NO SPORTS VENUE RULES AND FEES: THE CITY COUNCIL WILL CONSIDER THE SECOND AND FINAL READING OF ORDINANCE NO THAT ESTABLISHES PARK RULES AND RENTAL FEES AT MUNICIPAL PARK AND THE SPORTS COMPLEX SPORTS DIRECTOR Mayor Pro Tem Jorgensen made the motion to approve the second and final reading of Ordinance No that established Park Rules and Rental Fess at Municipal Park and the Sports Complex, seconded by Council Member Wilson. The motion passed with the following vote: Aye: 7 - Mayor Krebs, Mayor Pro Tem Jorgensen, Council Member Skurow, Council Member Moore, Council Member Green, Council Member Wilson and Council Member Sutton Nay: 0 - Absent: 0 -

18 Abstained: 0 - Mayor Krebs read the following caption: ORDINANCE NO AN ORDINANCE TO ESTABLISHING RENTAL FEES AND ADOPTING RULES AND REGULATIONS GOVERNING THE USE OF MUNICIPAL PARK AND THE SPORTS COMPLEX; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY AND SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE The Mayor revisited Item No. 6: San Patricio County Commissioner Precinct 2, Rick Ott, presented a proposal for a joint project to rehab Lang Road. 8. ADJOURNMENT: MAYOR KREBS Mayor Krebs adjourned the meeting at 8:18 p.m. NOTICE OF ASSISTANCE If you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall (361) or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. The City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. Approved: David Krebs, Mayor Attest: City Secretary BRAILLE IS NOT AVAILABLE

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20 CITY COUNCIL ACTION ITEM AGENDA TITLE RESOLUTION OF SUPPORT FISH POND LIVING AT PORTLAND, LP THE CITY COUNCIL WILL CONSIDER A RESOLUTION OF SUPPORT FOR THE APPLICATION OF FISH POND LIVING AT PORTLAND, LP, TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE 2018 COMPETITIVE HOUSING TAX CREDITS PROGRAM MEETING DATE 2/20/2018 DEPARTMENT SUBMITTED BY Administration Brian DeLatte, Assistant City Manager EXECUTIVE SUMMARY Fish Pond Living at Portland, LP, (applicant) has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) through its Low-Income Housing Tax Credit Program (LIHTC) to develop affordable rental housing available exclusively for residents age 62 and over. The proposed project is located near the southeast corner of Akins Drive and Moore Avenue. The applicant is required to have a Resolution of Support from the City Council to receive the tax credits for the project. PRIOR ACTIONS OR REVIEWS None. DETAILS / STAFF ANALYSIS The LIHTC is funded through the U.S. Treasury Department and is overseen by the Internal Revenue Service (IRS). The program was created under the Tax Reform Act of 1986 that gives incentives for the utilization of private equity in the development of affordable housing. The tax credits provide a dollar-for-dollar reduction of a taxpayer s federal income tax, which is more attractive than a tax deduction, which only provides a reduction in taxable income. Due to specific rules in the tax code for individual use of tax credits, almost all investors in LIHTC projects are corporations. The program is administered at the state level by the TDHCA, which receives a fixed allocation of credits annual, based on the state population. Credits are award under either the 9% Competitive Program or the 4% Program that is available throughout the year. In Texas, the state uses a Regional Allocation Formula (RAF) that allocates 9% credits for new construction between 13 regions, with rural and urban subcategories. Only one project is scheduled to be awarded in Region 10, which includes Portland, Corpus Christi, and Victoria. Without receiving a Resolution of Support from the City Council, it is doubtful that the applicant will receive the Page 1 of 2

21 tax credits and be able to move forward with the project. The applicant is proposing to construct the project on a tract of land near the southeast corner of Moore Avenue and Akins Drive. The property is currently zoned R-6 Single-Family Residential. The applicant intends to submit a rezoning application for a Planned Unit Development to construct the project. The applicant understands that the Resolution of Support does not imply that the City Council will approve any rezoning request required to construct the project. Staff note: The applicant has indicated that it will utilize Zais Construction to build the project. Assistant City Manager DeLatte has worked on several projects as a consultant with Zais, including one for which DeLatte received compensation directly from Zais. Those consulting agreements ended in 2011 and there are not any conflicts of interest. ALTERNATIVES CONSIDERED N/A FINANCIAL IMPACT As part of the state program, the City of Portland would be committed to providing reduced fees or a contribution of other value that equals $500 for the benefit of the project. ATTACHMENTS Proposed Resolution of Support Fish Pond Living at Portland, LP, presentation RECOMMENDED ACTION Deliberate a Resolution of Support for Fish Pond Living at Portland, LP, to the Texas Department of Community Affairs for the 2018 Competitive Housing Tax Credits Program. Page 2 of 2

22 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORTLAND, TEXAS, CITY COUNCIL EXPRESSING SUPPORT FOR THE APPLICATION OF FISH POND LIVING AT PORTLAND, LP, TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE 2018 COMPETITIVE HOUSING TAX CREDITS WHEREAS, Fish Pond Living at Portland, LP, has proposed a development for affordable rental housing available exclusively for residents age 62 and over at approximately 595 east of SEC of Akins Drive and Moore Avenue named Fish Pond at Portland in Portland, Texas; and WHEREAS, Fish Pond Living at Portland, LP, has briefed the City Council on its plan to develop affordable rental housing available exclusively for residents age 62 and over; and WHEREAS, Fish Pond Living at Portland, LP, has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2018 Competitive 9% Housing Tax Credits for Fish Pond at Portland; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS: Section 1. The City Council supports the proposed Fish Pond at Portland, LP, development for affordable rental housing available exclusively to residents age 62 and over. Section 2. The City Council finds that the proposed project location approximately 595 east of the SEC of Akins Drive and Moore Avenue is not currently zoned for the development and that the applicant must receive City Council approval of a Planned Unit Development consistent with City of Portland Unified Development Ordinance requirements and all other City of Portland rules and regulations. Section 3. The City Council confirms that, upon successful award of 2018 Competitive 9% Housing Tax Credits and approval of the Planned Unit Development zoning for the property, the City of Portland commits to providing reduced fees or a contribution of other value that equals $500 for the benefit of Fish Pond at Portland. Section 4. The City Council further directs the City Secretary to send a certified and true copy of this Resolution to representatives of Fish Pong at Portland, LP, for inclusion in its TDHCA Application to the Texas Department of Housing and Community Affairs. PASSED and APPROVED this 20 th day of February,

23 EXECUTED UPON APPROVAL By: David Krebs Mayor ATTEST: By: Annette Hall City Secretary 2

24 Request for Resolution of Support 60 Unit Independent Senior Living Development 6.0 acre tract at Moore and Akins Presented to City of Portland Mayor David Krebs and City Council February 20,

25 Table of Contents The Need Demographic Trends Portland Rental Market The Financing Financing Options Overview of Housing Tax Credits The Proposed Development Proposed Rent Renderings Finishes Development Team Our Request 2

26 The Need 3

27 Demographic Trends 4

28 Population Total Population (San Patricio County) 67,220 64,776 68,030 70,115 Change in Population (County) -3.6% 5.0% 3.1% Population (Portland) 15,364 15,561 16,801 17,519 Change in Population (Portland) 1.3% 8.0% 4.3% Portland growth outpacing County s Population 60+ (Portland) 1,754 2,592 3,032 3,524 Change in Population (60+) 47.8% 17.0% 16.2% 60+ Population as a % of Total 11.4% 16.7% 18.0% 20.1% 60+ population 4X Overall Seniors represent 20% of population Source: AnySite

29 Households Households (All) 5,197 5,542 5,920 6,005 Change in Households 6.6% 6.8% 1.4% Households (65+) 831 1,139 1,302 1,489 Change in Households (65+) 37.1% 14.3% 14.4% 65+ as a % of Total Households 16.0% 20.6% 22.0% 24.8% Note: The Demographic source provides certain trends at 60+ and certain trends at household growth 2X that of all Households projected to be 14X Portland s Seniors will represent ¼ of all households Source: AnySite 6

30 Income Median Household Income (County) $34,887 $51,767 $53,332 $55,545 Change in Median HH Income 48.4% 3.0% 4.1% Median Houshold Income (Portland) $47,970 $63,462 $64,208 $66,458 Change in Median HH Income 32.3% 1.2% 3.5% Portland more affluent than county Median Household Income (65+) $31,331 $41,068 $45,820 $47,063 Change in Median HH Income (65+) 31.1% 11.6% 2.7% Percent Below Median HH Income 34.7% 35.3% 28.6% 29.2% Seniors Income ~30% below overall median income Source: AnySite 7

31 Rental Demand for Seniors Renters (Household 60+) Renters (All Households) 1,851 1,896 1,273 1,341 Renters (60+) - % of Total 13.0% 17.7% 28.5% 30.3% 30% of Renters are Seniors Average Rents (County) $416 $631 $655 % Change in Rent 51.7% 3.8% Average Rents (Portland) $594 $821 $986 % Change in Rent 38.2% 20.1% Rents in Portland increasing at rate of 5 x County Rate = Risk of Losing Seniors Source: AnySite 8

32 Portland Demographic Recap Population growth exceeding County s Senior population growth 4 times overall population growth Senior population will be 20% of total population (double the 11% in 2000) Senior Households growth 2 times overall in last 7 years projected to be 14 times over next 5 years Senior Households will be 25% of total households Senior Median Household Income 30% below overall Seniors are 30% of the renter households Rents grew 20% from 2010 Senior demographic growing - rent affordability will be increasingly more important 9

33 Rental Market 10

34 Rental Options for Seniors (Exclusive) Brookdale Northshore Assisted & Independent Living Unit IL Rent Studio (IL) $2,785 1BR (IL) $2,942 2BR (IL) $3,100 Amenities: Library, Arts & Crafts, Beauty/Barber, Fitness Center, Business Center Note: Brookdale is an Assisted Living Facility that Offers Independent Living with services. While not a direct comp, it shows what is available for an exclusively senior s property. Independent Living Basic includes laundry, meals, housekeeping, and activities. 11

35 Rental Options for Seniors (Exclusive) Pavillions (Trisun) Assisted & Independent Living (55+) 35 Units/Rooms Unit Amenities: IL Rent Studio $2,785 1 BR $2,942 2BR $3,100 Activity director, beautician/barber, clubhouse, meeting rooms, housekeeping, laundry room(s), laundry service, library, media room Note: Pavillions is an Assisted Living Facility that Offers Independent Living with services. While not a direct comp, it shows what is available for an exclusively senior s property. Independent Living Basic includes laundry, meals, housekeeping, and activities. Manager reported that they receive numerous inquires for independent senior housing without services and have to turn residents away. 12

36 Rental Options (Apartments) Oak Manor Villas 140 units Unit Size Rent 2BR 1,120-1,322 $1,300+ 3BR 1,100-1,491 $1,450+ Amenities: Washer/dryer, pool, clubhouse fitness center, playground 13

37 Rental Options (Apartments) Bridge Point Landing 302 units Unit Size Rent 2BR 1,030 $1,025 3BR 1,207 $1,125 4BR 1,355 $1,225 Amenities: Washer/dryer connections, pool, fitness center, playground Note: This is an older, two-story family property, not well suited for seniors. 14

38 Rental Options (Apartments) Palm Bluff Place 211 units Unit Size Rent 1BR $1,200 2BR 1,005 1,077 $1,400 3BR 1,313 $1,629 Amenities: Gated access, resort pool, pet areas, business center, fitness center, playground, sand volleyball, media room 15

39 Rental Options (One Story Single Family) Address Bedrooms SF Rent 611 4th St 2BR / 1BA 812 $1, Driftwood Dr 3 BR/ 2BA 1,440 $1, S Commonsway Dr Unit B 2BR/2BA Not Avail $ Denver St 3BR / 2 BA 1,240 $1, Acacia Arch St 3BR / 2 BA 1,043 $1, Source: Zillow / Realtor.com

40 Rental Market Recap No true Senior Independent Living in Portland Independent Living in Assisted Facilities (with services) $2,500+ monthly Market rate rents $1,000 for a 1BR and $1,200 for a 2BR Single family home rentals $1,

41 The Financing 18

42 New Construction Feasibility Development Cost Cost Per Rentable SF $125 Average Unit Size (SF) 895 Avg. Cost Per Unit to Build $112,000 Land Cost $5,000 TOTAL DEV COST (EXCLUDING SOFT COSTS) $117,000 Multiply by Cap Rate (Return on Investment) 6.5% Net Income Per Unit Needed $7,600 Adjust for Vacancy (5%) $8,000 Add Operating Expenses $4,500 Gross Annual Rent Needed (per Unit) $12,500 Monthly Rent Needed $1,042 19

43 Proposed Unit Mix Unit Type # Units Size (SF) Monthly Rent 1BR (30%) $289 1BR (50%) $522 1BR (60%) $639 1BR (Market) $700 2BR (30%) 3 1,040 $346 2BR (50%) 5 1,040 $625 2BR (60%) 19 1,040 $765 2BR (Market) 3 1,040 $840 TOTAL/Avg $647 Our financing allows us to offer rents affordable to Senior residents. All units will be restricted to Senior residents (62+) who earn between 30% and 60% of AMI with up to 10% (6 units) at market. Rents are calculated based on income. 20

44 How to make this Happen? Zero interest loans (no longer available) Municipality can fund and develop Inclusive zoning - Require new market units to include affordable units Provide soft loan or grant to developer Support a Development using Federal Housing Tax Credits (LIHTC) Already funded by Federal Government Vetted and proven development program Multiple layers of oversight (Developer, TDHCA, Lender, Equity, Local) Developer providing personal guarantees Ensures it will remain affordable (and for Seniors 62+ for 30+ years) Program requires long term ownership resulting in a better partner for the City 21

45 Overview of Housing Tax Credits (LIHTC) Federal Housing Tax Credit (LIHTC) Federal / State / Private Partnership Federal Credit requires minimal contribution from City (~$500) Allocated Annually by State Agency (Texas Dept. of Housing and Community Affairs) Competitive process (only 1 development will likely get funded in region) Development generates federal income tax credits (earned over 10-years) Institutional investors (i.e. Google) purchase tax credit futures to offset federal tax liability In return, Owner promises to maintain asset quality and affordability Accountability Personal guaranty by Developer Quarterly review by the investor s asset management credits to investors Annual review by the state IRS recapture of credits 22

46 LIHTC Financing Units at ~$125,000 per unit Land Costs $300,000 Construction Costs $7,500,000 Total Soft Costs / Financing Costs / Fees $1,750,000 TOTAL Development Costs $9,550,000 Less: Non Eligible Costs -$2,000,000 Eligible Basis for LIHTC $7,550, % Adjusted Basis (for 2018) $9,815,000 Annual Credits Generated (9%) $883,350 Total Credits (10 Years) $8,833,500 Investor Buys Credits at $0.85 / credit $7,508,475 Development Cost Less Credits (Funding Gap) $2,041,525 Loan (Supported by Income) $1,700,000 Deferred Fees $341,525 23

47 Actual 2018 Preliminary Scoring List Over-subscribed 8 to 1 Note: Because developers have a short window between RFP and pre-applications, most developers request the full tax credit allocation to provide flexibility as they firm up budgets. 24

48 FAQs Is LIHTC the same as Section 8? No. LIHTC is not a rental subsidy program. It is a development subsidy. Residents pay their own rent and are subject to the same income and credit verification and background screening as market rate properties. How can you ensure that the development will remain occupied by residents 62+? There are 2 option in the application for Elderly: a) 55+ which requires Owners to allow other family members under the age restriction and b) 62+ which requires the Owner to restrict occupancy to 62+. We have selected Option (b) Can you limit the occupancy to Portland residents? No, however through our targeted pre-marketing plan, Portland residents will likely be the first to put their name on the waiting list Who are investors in Tax Credits? Large financial institutions and corporations like Google, Berkshire Hathaway, Raymond James, Wells Fargo, Goldman Sachs, and Nationwide Insurance to name a few 25

49 Pre-Marketing Plan Based on our market studies, we expect the demand for the proposed development to exceed supply. All premarketing will be in Portland. Portland Facebook Page Brochures at Chamber of Commerce Portland Public Library Portland Senior Center Signage on the Site 26

50 Demand Income Category Targeted Incomes (1 / 2 Person) Median Income $63,100 30% Area Median Income $13,380 / $15,720 50% Area Median Income $22,300 / $25,450 60% Area Median Income $26,760 / $30,540 Category Household with Incomes < $30, Change -4.3% 12.6% 4.0% 27

51 Proposed Development 28

52 Overview 60 unit Independent Senior Living Community (62+) Must be 62+ to live at facility 1 and 2 bedroom units Cottage style four-plex consistent with neighborhood High quality exterior construction High quality interior finishes Large community space and site amenities designed for Seniors Financing plan will ensure that rents will be affordable to seniors Rents to range from $289 to $700 for 1BR and $346 to $840 for 2BR 29

53 Location 30

54 Aerial 31

55 Conceptual Site Plan 60 units Akins Drive Parkside Apartments 32

56 Front Elevation Rendering 33

57 Side Elevation Rendering 34

58 Completed Development 35

59 Typical One Bedroom Floorplan 36

60 Typical Two Bedroom Floorplan 37

61 High Quality Finishes and Unit Amenities Large open floorplans Single story design allows for vaulted ceiling in All Units Stainless Steel Kitchen Appliances Low maintenance vinyl plank flooring throughout Energy efficient LED lighting Walk in showers with grab bars Ceiling Fans All electric units (safe, efficient, and a single bill to pay) Water / Sewer included Full Size Washer/Dryer hook-ups High efficiency central HVAC Shaker style, full hardwood kitchen and bathroom cabinets Granite kitchen and bathroom countertops Under-mount stainless sinks Front porch and covered patios 38

62 Hardwood Cabinets with Granite Counters Vendor: GC Sourcing 39

63 Stainless Steel Whirlpool Appliances WMH31017AS Spacesaver microwave/hood WRT138FZDM Refrigerator with ECKMFEZ2 Icemaker WDF320PADS Dishwasher WFC310S0ES Range (self clean) 40

64 Proposed Exterior Finishes Brick or Stone Exterior (Texas Cream by Coronado shown) with stucco or stone accents for depth Standing Seam Metal Roof 41

65 Proposed Amenities - Designed for Seniors Gated access and fully fenced Clubhouse / leasing office featuring: Fitness Center Business Center with free wifi Sitting areas and tables Kitchen for community events Swimming pool with beach entry Outdoor seating areas Dog park (located along Akins on otherwise unusable portion of site) subject to zoning approval Community garden area 42

66 Development Team 43

67 Co-Sponsors Multifamily Development and Investment Firm Founders collectively have over 30+ years experience in all aspects of multi family housing including brokerage, financing, investment, and general contracting Principals have extensive experience in affordable housing using LIHTC as a financing tool Principal s investments include over 1,200 units in TX, CO, TN and FL Strong balance sheet to support development Full Service housing development company and consulting firm Established in 2011 Specializes in securing financing for development of housing using financing sources like Housing Tax Credits Principals have 20+ years of experience Recent developments include 7 communities in Texas (400+) using LIHTC financing 44

68 Fish Pond Principals David Fournier, MAI Derek DeHay, CCIM 20+ years experience in multi-family with a focus on affordable housing nationally Founded ARA Newmark Affordable Housing Advisory sold in 2015 Served on Board of Directors at the National Housing and Rehabilitation Association for over 5 years Frequent panelist on multi-family issues as it relates to valuation, financing options, and demand trends Married 22 years with 3 sons 14 years experience in multi-family housing affordable housing (underwriting, asset management, construction, and brokerage) 5 years of experience as a General Contractor with both new construction and renovations Licensed General Contractor in TN and Real Estate Broker in TX Married 11 years with 3 daughters Contact: ddehay@fishpondliving.com Contact dfournier@fishpondliving.com

69 BETCO Housing Team Lora Myrick, Principal Teresa A. Shell, Principal Lisa Vecchietti, Consultant 24 years experience in affordable housing funding, compliance and development 22 year experience in real estate financing, modeling, and site selection 18 year experience in affordable housing financing, modeling, and consulting Former Director of Program Services and Compliance at Texas Department of Community Affairs Former LIHTC Program Administer and Manager of Compliance at the Oklahoma Housing Finance Agency Frequent presenter of affordable housing issues to city councils, commissioner courts, and state staff BS in Finance and Real Estate from Texas A&M Holds coveted CCIM designation Former administrator at Texas Department of Housing and Community Affairs oversaw $600M in LIHTC investments Licensed TX Real Estate Broker Former Program administrator for the Tax Credit Assistance Program (TCAP), originating over $148 million in gap financing for LIHTC developments following great recession Former VP of national multifamily lender multi specializing in financing using Fannie Mae, FHA, and Rural Housing lending sources Contact: Contact: Contact:

70 Architect / Project Manager architettura 32 Years experience BS From Texas A&M / Masters in Architecture from Georgia Tech Designed more than 400 multi-family development projects throughout TX, OK, LA, MO, AR, and NM Annually contributes his time designing for charity. Charities have included Habitat for Humanity, Plano Children's Medical Clinic, God s Work Food Pantry and Baptist St. Anthony Home Board member of Plano Public Finance Corp Recipient of multiple designs awards Frank W. Pollacia, AIA NCARB Principal th St. Plano, Texas pollacia@architettura-inc.com 47

71 Property Management - UAH Full service Third Party Property Management Company Hand s on Texas based management company Manages 12,000+ units Nationally including Senior Housing Communities Existing presence in region provides operations efficiencies, access to trades Impeccable reputation Michael V. Clark, President N Central Expy Ste 500 Dallas, TX Mike.Clark@uahmgt.com 48

72 PUD Engineering - Hanson 60 years in business Full service engineering consulting firm National scope local presence Employee owned Relevant experience in Portland Recipient of numerous Awards and Recognitions including Top 500 design firms Nationally Craig B. Thompson, P.E Gollihar Road Corpus Christi, TX (361) CThompson@hanson-inc.com 49

73 General Contractor - ZAIS Companies 37 years experience in construction management and general contracting Experience includes single family, townhomes, hotels, and multi-family 10 years developing affordable multifamily housing communities Has constructed 20+ multi-family communities using LIHTC financing Reputation for delivering projects on time and under budget Has built this exact Cottage plan and knows how to build quickly and efficiently Has worked with architettura on several developments Roger Zais PO Box 1403 Decatur, TX rzais@zaiscompanies.com 50

74 Our Request 51

75 Resolution of Support Market study shows this growing segment of the Seniors market is underserved The site is transitional in location and narrow surrounding uses apartments, sports complex, and proposed townhome development (not ideally suited for single family) Our proposed development has scored well against the competitive applications It is likely only one development will get approved in the Region The Texas Qualified Allocation Plan (the RFP) changes every year as priorities change Currently a 130% boost in basis - you get 30% more in tax credits for the development making the development at this quality more feasible The economic success of Portland will only exacerbate the shortage of housing affordable to seniors State application due March 1 requires Resolution of Support today City will have opportunity to comment on exterior, landscaping, and interior finishes during Zoning Approval 52

76 Process and Timeline January 2018 Pre-application submitted to TDHCA February 20, Resolution of Support from City Council February 26, Letter of Support from State Representative Lozano March 1, 2018 submit Full Application to TDHCA (which must include Resolution of Support and Letter from State Representative) May Zoning approval from City of Portland July 26, 2018 final indication of scoring from TDHCA Mid August - Commitment of tax credit award October 31, 2018 Closing December 2018 Break Ground 53

77 Questions 54

78

79 CITY COUNCIL ACTION ITEM AGENDA TITLE RESOLUTION NO. 747 ORDERING A SPECIAL ELECTION TO ELECT ONE COUNCIL MEMBER TO AN UNEXPIRED TERM: THE CITY COUNCIL WILL CONSIDER A RESOLUTION CALLING FOR A SPECIAL ELECTION ON MAY 5, 2018 TO FILL ONE UNEXPIRED TERM CREATED BY THE RESIGNATION OF COUNCIL MEMBER CATHY SKUROW. MEETING DATE 2/20/2018 DEPARTMENT SUBMITTED BY Administration Randy L. Wright, City Manager EXECUTIVE SUMMARY Council member Cathy Skurow has resigned her seat on the City Council in order to seek another office. The City Charter requires the City Council to appoint a replacement who will serve until after the May 5, 2018 election and to call for a special election to fill the unexpired term. PRIOR ACTIONS OR REVIEWS None DETAILS / STAFF ANALYSIS Council Member Cathy Skurow has resigned from the City Council to seek another office. Her term expires in May of Section 2.05 of the City Charter requires that the City Council fill the position with a temporary appointment within 30 days. The appointee shall serve until the next regular city election when it shall be filled for the unexpired term. Resolution No. 747 calls the special election to fill that unexpired term. ALTERNATIVES CONSIDERED None FINANCIAL IMPACT None. ATTACHMENTS Resolution No. 747 Page 1 of 6

80 RECOMMENDED ACTION Motion to approve Resolution No. 747 calling for a special election on May 5, 2018 for the purpose of electing one Council Member to an unexpired term. Page 2 of 6

81 RESOLUTION NO. 747 A RESOLUTION OF THE CITY OF PORTLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD MAY 5, 2018, FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER TO AN UNEXPIRED ONE (1) YEAR TERM; ESTABLISHING EARLY VOTING LOCATIONS AND PRECINCT POLLING PLACES FOR THIS ELECTION; AND MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION. WHEREAS, the laws of the State of Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, an Order should be passed ordering said election and establishing the procedure to be following in said election, and designating the voting place for said election; and WHEREAS, Council Member Cathy Skurow, has resigned from the City Council; and WHEREAS, the Portland City Charter and the laws of the State of Texas require the City to hold a special election to fill the remaining one-year unexpired term of Council Member Cathy Skurow; WHEREAS, the Mayor and City Council of the City of Portland, Texas, find it in the public interest to order a special election to be held on May 5, 2018 for a vote of the electors for the purpose of electing: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS THAT: In accordance with the general laws and Constitution of the State of Texas, and the Charter of the City, a Special Election is hereby called and ordered for Saturday, May 5, 2018 for the purpose od electing one (1) Council Member to an unexpired one (1) year term. All resident, qualified voters of the City of Portland shall be permitted to vote in said election. 1. TIME OF ELECTION. A Special Election in the City shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, May 5, PRECINCT AND POLLING PLACE. The City shall hold the election on Saturday, May 5, 2018, at the precinct and polling place listed below. For the purpose of holding the election, the entire City shall constitute a single election precinct. The polling place for such precinct shall be: Daniel P. Moore Community Center Complex (Portland Community Center) 2000 Billy G. Webb Portland, Texas Page 3 of 6

82 3. PRESIDING JUDGES AND ELECTION CLERKS. The Presiding Judge, Alternate Presiding Judge and election clerks for the election precinct and polling place shall be appointed by the Election Administrator. 4. EARLY VOTING. Electors may cast their early votes by mail or by personal appearance at the times and places determined by the Election Administrator. When so determined, the times and places for early voting by personal appearance shall be attached hereto as Exhibit A. The Early Voting Clerk shall be appointed by the Election Administrator. 5. EARLY VOTING BALLOT BOARD. An early voting ballot board shall be created by the Election Administrator to process early voting results. 6. ELECTORS. All resident, qualified electors of the City shall be entitled to vote at said election. 7. NOTICE OF ELECTION. The City shall cause a copy of the Notice of Election (in English and Spanish) to be posted and published as required by Sections 4.003(a)(1)(A), (b) and (f), Texas Election Code, and Section (d) and (e), Texas Government Code. 8. ELECTION CODE. In all respects said election shall be conducted in accordance with the Texas Election Code. Pursuant to the federal Help America Vote Act ("HAVA") and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code. The City Manager of the City is hereby authorized to enter into any necessary agreements with San Patricio County in order to comply with this section. 9. BILINGUAL ELECTION MATERIALS. All election materials (including notice of the election, ballots, instruction cards, affidavits, and other forms which voters may be required to sign) and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. 10. VOTING DEVICES. The San Patricio County Elections Administrator may utilize a central counting station as provided by the Texas Election Code. Any central counting station presiding judge and the alternate presiding judge shall be appointed in accordance with the Election Agreement and the Texas Election Code. The San Patricio County Elections Administrator is currently using HART Verity System and software certified by the Texas Secretary of State. The City Council of the City of Portland, Texas, finds as follows: The Texas Election Code requires that at least one accessible voting station must be provided in each polling place used in a Texas election. Such system must comply with Page 4 of 6

83 state and federal laws setting the requirements for voting systems that (i) fully comply with applicable laws relating to accessible voting systems which make voting accessible for disabled voters; and (ii) provide a practical and effective means for voters with physical disabilities to cast a secret ballot. The Office of the Texas Secretary of State has certified that the Verity Access Touch is an accessible voting system that may legally be used in Texas elections. The Texas Election Code authorizes the acquisition of voting systems by local political subdivisions and further mandates certain minimum requirements for contracts relating to the acquisition of such voting systems. As chief elections officer for the City of Portland, the San Patricio County Elections Administrator shall provide at least one Verity Access Touch in each polling place at every polling location used to conduct any election. The Verity Access Touch may be acquired by any legal means available to the City of Portland, including but not limited to lease or rental from San Patricio County or from any other legal source, as authorized or required by the Texas Election Code. 11. AGREEMENT WITH SAN PATRICIO COUNTY AND JOINT ELECTION PARTICIPANTS. The City Manager of the City is authorized to enter into any other agreements required by San Patricio County or the Election Administrator in connection with conducting the election ordered herein, and the City is authorized to pay the fees charged by San Patricio County for services rendered in connection with the election. The City Manager is further authorized to enter into an agreement with other political subdivisions in the event it is determined that the election called by this Resolution shall be conducted as a joint election pursuant to Chapter 271 of the Texas Election Code. 12. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption thereof. PASSED AND APPROVED this 20th day of February CITY OF PORTLAND, TEXAS ATTEST: David Krebs, Mayor Annette Hall, City Secretary Page 5 of 6

84 Exhibit A CITY OF PORTLAND ELECTION MAY 5, 2018 EARLY VOTING BY PERSONAL APPEARANCE LOCATION DATES AND TIMES Location Dates Time Daniel P. Moore Community Monday, April 23, :00 a.m. to 7:00 p.m. Center Complex (Portland Community Center) 2000 Billy G. Webb Dr. Portland, Texas Tuesday, April 24, :00 a.m. to 5:00 p.m. Wednesday, April 25, 2018 Thursday, April 26, 2018 Friday, April 27, 2018 Monday, April 30, 2018 Tuesday, May 1, :00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 8:00 a.m. to 5:00 p.m. ELECTION DAY LOCATION DATES AND TIMES Location Date Time Daniel P. Moore Community Center Complex (Portland Community Center) 2000 Billy G. Webb Dr. Portland, Texas Saturday, May 5, :00 a.m. to 7:00 p.m. Page 6 of 6

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86 CITY COUNCIL ACTION ITEM AGENDA TITLE PUBLIC HEARING ABANDONMENT AND SALE OF SURPLUS RIGHT-OF- WAY: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM EUGENE WHITE TO PURCHASE APPROXIMATELY 2,999 SQUARE FEET OF SURPLUS DEDICATED ALLEY ADJACENT TO HIS PROPERTY AT 200 ELM (LOTS 13-20, BLOCK 5, TIER B, CITY OF PORTLAND) MEETING DATE 2/20/2018 DEPARTMENT SUBMITTED BY Administration Brian DeLatte, P.E., Assistant City Manager EXECUTIVE SUMMARY Through the years, the City of Portland has sold surplus rights-of-way in Olde Town to adjacent property owners in accordance with Code of Ordinances Chapter 19 Article V. Eugene White has submitted a request for the City to abandon and sell to him approximately 2,999 square feet of surplus alley adjacent to his property at 200 Elm Street. By ordinance, the City Council must conduct a Public Hearing prior to deliberation on the matter. City Staff has received requests from two of the adjacent property owners electing their right of first refusal on their halves of the alley. Once the Public Hearing is completed and all potential requests are known, City Staff will process the requests for a future City Council agenda item. PRIOR ACTIONS OR REVIEWS None. DETAILS / STAFF ANALYSIS Code of Ordinances Chapter 19 Article V establishes the procedure that the City must follow in abandoning and selling surplus rights-of-way: (1) Adjacent property owners have right of first refusal on the purchase of surplus rightof-way. Surplus right-of-way cannot be sold to anyone else without their written release. (2) The surplus right-of-way cannot be sold for less than appraised value as determined by the San Patricio County Appraisal District (SPCAD). (3) The purchaser is responsible for all closing costs associated with the sale of the surplus right-of-way. (4) The City Council must conduct a public hearing prior to consideration of the request. Page 1 of 2

87 Mr. Eugene White has requested the purchase of the surplus alley adjacent to his property at 200 Elm Street. The SPCAD s appraised value of the adjacent unimproved land is $6.25/sf, which would set the price of the alley at $18, In response to the Public Hearing Notices, two adjacent property owners (Van and Broadus) have expressed interest in purchasing their adjacent half of the alley. City Staff recommends that City Council conduct the Public Hearing in accordance with Code of Ordinances Section to determine if the other affected property owner is interested in similarly invoking the right of first refusal. Once the Public Hearing is completed, City Staff can process any requests as a future City Council agenda item. ADJACENT PROPERTY NOTIFICATIONS AND PUBLIC HEARING NOTICES There are 11 adjacent properties within 200 feet of the subject lot (including the City of Portland). Property owners were notified by mail of the Public Hearing at the City Council meeting. Notice was also posted in The News of San Patricio County on February 8, 2018, in conformance with Code of Ordinances Chapter 19 Article V. ALTERNATIVES CONSIDERED None. FINANCIAL IMPACT None. ATTACHMENTS Public Hearing Notice Letter request Location Map RECOMMENDED ACTIONS Conduct a Public Hearing to solicit comments from citizens and other interested parties concerning a request from Eugene White to purchase approximately 2,999 square feet of surplus dedicated alley adjacent to his property at 200 Elm (Lots 13-20, Block 5, Tier B, City of Portland). Page 2 of 2

88 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held before the City Council of the City of Portland on February 20, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. to solicit comments from citizens and other interested parties concerning: A request from Eugene White to purchase approximately 2,999 square feet of surplus dedicated alley adjacent to his property at 200 Elm (Lots 13-20, Block 5, Tier B, City of Portland). A request from Mr. and Mrs. Segifredo G. Melendez, Jr., to purchase approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to the property. Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) or brian.delatte@portlandtx.com

89 November 10, 2017 City of Portland, Texas 1900 Billy G. Webb Drive Portland, Texas Letter of Intent Easement between Elm Street & Market Street I. Eugene C. White and spouse Yolanda G. Pantoja had the easement surveyed by King & Petrus, Inc. on Tuesday, November We are very much interested in purchasing the easement (whether it be 7.5 or 15 feet) that runs between Elm Street and Market Street along our property line. The Surveyor King & Petrus, Inc W. Fulton Street, Sinton, Texas 78387, telephone number is will complete the survey paperwork and submit accordingly to the City of Portland. We understand that the request/intent to purchase this easement must follow a series of stepsbeing the survey take place first and survey paperwork submitted to the City of Portland, Texas, a letter of intent from us and a fee w ill start of this process accordingly for review. We built our home (200 Elm Street, Portland. Texas) in 2002 and have resided at this residence to present. Thank you in advance for allowing us to present this letter of intent. ~~ -- \;\ \'\ ~e_, "' '-' A../ E gene White Yolanda Pantoja Mailing Address: PO Box 1117, Portland, Texas Elm Street, Portland, Texas ygpantoja@yahoo.com,- - }.. _ µ_ ) ' \ --! t ;:.,\ 3 Contact Phone:

90 M. J. McLean Survey Abstract I I Xang Van, et ux ( Block 5 ~ Tier B ) Portland Townesite Volume 1, Page 5 - A M.R. S.P.C., Tx. I I I I I I I Mary Marshall Bill Broadus, et ux Dana Hudson Lat 12 I Lot 11 I Lot 10 Lot 9 Lot 8 I Lot 7 Lot 6 I Lot 5 Lot 4 I 0 L&.I -+-' Q) I Q) I() I- QI") -+-' o (/) iri ~.-b E 0 w z 0 P.0.8. I I I I I Na9 55 2a E ' I I I en 0 o Acres d~ (2, Sq. Ft.) " o sa9 55 2a"W I ' I I I l"'l 0 ~. (15' Alley) I Lot 13 I Lot 14 Lot 15 I Lot 16 Lot 17 I Lot 18 I Lot 19 Lot 20 Lot 21 I I I Eugene White, et ux Clerk's File No O.P.R. S.P.C., Tx. I j I Donna I Bailey PLAT SHOvVING SURVEY OF A ACRE TRACT BEING A PORTION OF A 15' ALLEY OUT OF BLOCK 5, TIER B OF THE PORTLAND TOWNSITE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRICIO COUNTY, TEXAS SCALE 1" = 40 - Indicates a 5/8" iron rod found, unless otherwise denoted. O - Indicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. I, Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 8th day of November, Bearings are GRID, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No C0580E. Date: November 4, There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations. King & Petrus, Inc. Firm No P. 0. Box 606 Sinton, Texas Phone Fax C:\ZKP\24800\24834 White - Alley Tract id~ Reg?::-::Neyor Texas Registration No. 5639

91 STATE OF TEXAS COUNTY OF SAN PA TRICfO ACRES Field notes of a acre ( Sq. Ft.) tract of land, being a po1tion of a 15' Alley; Said acre tract being out of Block 5 of Tier B of the Po1tland Townsite recorded in Volume I, Page 5-A of the Map Records of San Patricio County, Texas; Said acre is comprised of a po1tion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Po1tland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found in the east right-of-way line of Elm Street, at the northwest corner of a tract of land conveyed to Eugene White, et ux, by Release of Lien recorded in Clerk's File No of the Official Public Records of San Patricio County, Texas; and the northwest corner of Lot 13 of said Block 5, for the southwest comer of th is tract; Thence N 00 02' 35" E along the east right-of-way line of said Elm Street, the west line of said 15' Alley, and the west line of this tract, a distance of feet to a 5/8" iron rod found at the southwest corner of Lot 12 of said Block 5, for the northwest corner of this tract; Thence N ' 28" E along the south lines of Lots 12, 1 1, 10, 9, 8, 7, 6, & 5 of said Block 5, the north line of said 15' Alley, and the north line of this tract, a distance of feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set at the southeast corner of said Lot 5 and the southwest corner of Lot 4 of said Block 5, for the northeast corner of this tract; Thence S 00 07' 40" E across said 15 ' Alley and along the east line of this tract, a distance of feet to a 5/8" iron rod found in the south line of said 15' Alley, at the northwest comer of Lot 21 of said Block 5, the no1theast corner of Lot 20 of said Block 5, and the no1theast corner of said White Tract, for the southeast comer of this tract; Thence S 89 55' 28" W along the north lines of Lots 20, 19, 18, 17, 16, 15, 14, & 13 of said Block 5, the north line of said White Tract, the south line of said 15' Alley, and the south line of this tract, a distance of feet to the point of beginning, containing acres ( Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRID, Texas Coordinate System of 1927, South Zone. f, Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground this the 8th day of November, ZKP: Legal - Alley Tract A Survey Plat was prepared in co1y1111ction with this legal Description. Registered Professional Land Surveyor Texas Registration No. 5639

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93 CITY COUNCIL ACTION ITEM AGENDA TITLE PUBLIC HEARING ABANDONMENT AND SALE OF SURPLUS RIGHT-OF- WAY: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM MR. AND MRS. SEGIFREDO G. MELENDEZ, JR., TO PURCHASE APPROXIMATELY ACRES OF SURPLUS EIGHTH STREET RIGHT-OF-WAY BETWEEN WILDCAT DRIVE AND RAILROAD STREET ADJACENT TO 801 WILDCAT DRIVE MEETING DATE 2/20/2018 ORDINANCE NO ABANDONMENT AND SALE OF SURPLUS RIGHT-OF-WAY: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT AUTHORIZES THE CITY MANAGER TO SELL TO MR. AND MRS. SEGIFREDO G. MELENDEZ, JR., APPROXIMATELY ACRES OF SURPLUS EIGHTH STREET RIGHT-OF-WAY BETWEEN WILDCAT DRIVE AND RAILROAD STREET ADJACENT TO 801 WILDCAT DRIVE DEPARTMENT SUBMITTED BY Administration Brian DeLatte, P.E., Assistant City Manager EXECUTIVE SUMMARY Through the years, the City of Portland has sold surplus rights-of-way in Olde Town to adjacent property owners in accordance with Code of Ordinances Chapter 19 Article V. Mr. and Mrs. Segifredo G. Melendez, Jr., have requested to purchase approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive. There are no property owners adjacent to the right-of-way that could elect right of first refusal. By ordinance, the City Council must conduct a Public Hearing prior to deliberation on the matter. PRIOR ACTIONS OR REVIEWS None. DETAILS / STAFF ANALYSIS Code of Ordinances Chapter 19 Article V establishes the procedure that the City must follow in abandoning and selling surplus rights-of-way: Page 1 of 2

94 (1) Adjacent property owners have right of first refusal on the purchase of surplus rightof-way. Surplus right-of-way cannot be sold to anyone else without their written release. (2) The surplus right-of-way cannot be sold for less than appraised value as determined by the San Patricio County Appraisal District (SPCAD). (3) The purchaser is responsible for all closing costs associated with the sale of the surplus right-of-way. (4) The City Council must conduct a public hearing prior to consideration of the request. Mr. and Mrs. Segifredo G. Melendez, Jr., have requested to purchase approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive. The SPCAD s appraised value of the adjacent unimproved land is $3.79/sf, which would set the price of the right-of-way at $20, There are no property owners adjacent to the right-of-way that could elect right of first refusal. ADJACENT PROPERTY NOTIFICATIONS AND PUBLIC HEARING NOTICES There are 7 adjacent properties within 200 feet of the subject lot (including the City of Portland). Property owners were notified by mail of the Public Hearing at the City Council meeting. Notice was also posted in The News of San Patricio County on February 8, 2018, in conformance with Code of Ordinances Chapter 19 Article V. ALTERNATIVES CONSIDERED None. FINANCIAL IMPACT None. ATTACHMENTS Public Hearing Notice Letter request Location Map RECOMMENDED ACTIONS Adopt a motion to approve the first reading of Ordinance No that abandons approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive and authorizes the City Manager to execute all necessary documents to sell the abandoned right-of-way to Mr. And Mrs. Segifredo G. Melendez, Jr. Page 2 of 2

95 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held before the City Council of the City of Portland on February 20, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. to solicit comments from citizens and other interested parties concerning: A request from Eugene White to purchase approximately 2,999 square feet of surplus dedicated alley adjacent to his property at 200 Elm (Lots 13-20, Block 5, Tier B, City of Portland). A request from Mr. and Mrs. Segifredo G. Melendez, Jr., to purchase approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to the property. Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) or brian.delatte@portlandtx.com

96 RECEIVED To: City of Portland June 5, 2017 JUN 0 5 Z017 CITY OF PORTLAN D I am writing this letter to indicate my intent in purchasing an abandoned portion of the 70' right-of-way of Eighth Street found bound on the north by Lot 12, Block 1, Tier "H" of the Portland Townsite as shown on map recorded in Volume 1, Page SA of the Map Records of San Patricio County, on the east by Wildcat Drive, on the south by Lot 1, Block 1, Tier "G" of the Portland Townsite, on the west by Railroad Street. I am expressing my desire to purchase said property as it has been used and maintained by our family for the past 58 years as a space for functions and gatherings. Sincerely, Mr. and Mrs. Segifredo G. Melend 3 b I.. \'71-0/ 'l l _n,) ~ tru.

97 Lot Acres Mortin & Mario Camareno Lot 12 Block 1 Tier H N89'49 '59 E 54.91' " "RPLS 1907" M. J. McLean Survey Abstract Eighth Street (70' ROW) Acres Eighth Street ROW (Abandoned)... IO «> I') b 0 en Q) > c Cl ( Portland Townsite) Vol 1, Pg. SA M.R. S.P.C., Tx. 7 Fnd. 3/4" O ~S8"'.""9'."':', 4"'.""9:"':''5:-:3~-W:-:-:---::9:-: 5-::. 2~1-:-, ~o l.p. Lot 1 Block 1 Tier G Lot - Denotes a 5/8" iron rod found, unless otherwise denoted. 0 - Denotes a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRID, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No C 0440 E. Revised date: January 16, There may be existing pipelines not shown on mop. Use the Texas One Coll System to locate pipelines before performing any excavations. PLAT SHOWING SURVEY OF ACRES BEING AN ABANDONED PORTION OF THE 70' RIGHT-OF-WAY OF EIGHTH STREET PORTLAND TOWNSITE M. J. MCLEAN SURVEY, ABSTRACT 203 VOLUME 1, PAGE 5A, MAP RECORDS SAN PATRICIO COUNTY, TEXAS SCALE l" = 20 FEET

98 ST A TE OF TEXAS COUNTY OF SAN PA TR1CIO ACRES Field notes of a acre tract of land, being an abandoned portion of the 70' right-of way of Eighth Street found bound on the north by Lot 12, Block I, Tier " H" of the Portland Town site, as shown on map recorded in Volume 1, Page SA of the Map Records of San Patricio County, Texas; on the east by Wildcat Drive, on the south by Lot 1, Block 1, Tier ''G" of said Portland Townsite, and on the west by Railroad Street; Said acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; inside the city limits of the city of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod with surveyor's cap stamped " RPLS 1907" found at the intersection of the north right-of-way line of said Eighth Street and the southeast right-of-way line of said Railroad Street, at the southwest comer of said Lot 12, Block 1, for the northwest corner of this tract; Thence N 89 49' 59" E along the north right-of-way line of said Eighth Street, the south line of said Lot 12, Block 1 and the north line of this tract, a distance of feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" found in the west right-of-way line of said Wildcat Drive, at the southeast corner of said Lot 12, Block 1, for the northeast comer of th is tract; Thence S 00 36' 51 " W across said Eighth Street, along the west right-of-way line of said Wildcat Drive and the east line of this tract, a distance of feet to a 3/4" iron pipe found in the south right-of-way line of said Eighth Street, at the northeast comer of said Lot I, Block 1, for the southeast comer of this tract; Thence S 89 49' 53" W along the south right-of-way line of said Eighth Street, the north line of said Lot 1, Block 1, and the south line of this tract, a distance of feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the southeast line of said Railroad Street, at the northwest corner of said Lot 1, Block 1, for the southwest corner of this tract; Thence N 30 02' 16" E across said Eighth Street, along the southeast line of said Railroad Street and northwest line of this tract, a distance of feet to the point of beginning, containing acres of land, more or less, subj ect to all easements of record. Bearings are GRID, Texas Coordinate System of 1927, South Zone. I, Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description represe~ts, an actual survey made on the.ground this the 24th day of October, ZKP: Legal A Plat was prepared ir. conpmctian wuh this description. L21!!:::::: Texas Registration No. 5639

99 ORDINANCE NO AN ORDINANCE ABANDONING AND AUTHORIZING THE CITY MANAGER TO SELL APPROXIMATELY ACRES OF SURPLUS EIGHTH STREET RIGHT-OF-WAY BETWEEN WILDCAT DRIVE AND RAILROAD STREET ADJACENT TO 801 WILDCAT DRIVE; AND PROVIDING AND ESTABLISHING AN EFFECTIVE DATE WHEREAS Chapter 253 of the Texas Local Government Code authorizes cities to sell surplus property dedicated as a street, alley, or public way; and WHEREAS City of Portland Code of Ordinances Chapter 19 Article V sets forth the procedure for the City of Portland to sell property which is dedicated as a street, alley, or public way; and, WHEREAS the City Council conducted a Public Hearing on February 20, 2018, to solicit comments from citizens and other interested parties concerning the appropriateness of the request by Mr. and Mrs. Segifredo G. Melendez, Jr., to purchase approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive; and, WHEREAS no formal written protest was filed by adjacent property owners and a majority vote is required to approve both readings of this ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS: SECTION 1: Approximately acres of Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive as depicted in Exhibit A is hereby declared surplus. SECTION 2: The City Manager is authorized to sell approximately acres of surplus Eighth Street right-of-way between Wildcat Drive and Railroad Street adjacent to 801 Wildcat Drive as depicted in Exhibit A to Mr. and Mrs. Segifredo G. Melendez, Jr., with the following conditions: a. The buyer shall pay the City of Portland $20, b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property

100 d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTION 3: This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall be effective from and after the publication provided herein. PASSED and APPROVED on second reading this day of CITY OF PORTLAND David Krebs Mayor ATTEST: Annette Hall City Secretary

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102 CITY COUNCIL ACTION ITEM AGENDA TITLE PUBLIC HEARING REZONING REQUEST THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING A REQUEST FROM MICHAEL J. SULLIVAN TO REZONE 0.87 ACRES LOCATED AT 990 FLOERKE ROAD (BEING PART OF THE NORTH HALF OF FARM LOT 2, BLOCK A OF THE NUECES BAY FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 77, PAGE 590 OF THE DEED RECORDS OF SAN PATRICIO COUNTY TEXAS) FROM R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT (TEMPORARY ZONING), TO C-G, GENERAL COMMERCIAL DISTRICT MEETING DATE 2/20/2018 ORDINANCE NO REZONING REQUEST THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT REZONES 0.87 ACRES LOCATED AT 990 FLOERKE ROAD (BEING PART OF THE NORTH HALF OF FARM LOT 2, BLOCK A OF THE NUECES BAY FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 77, PAGE 590 OF THE DEED RECORDS OF SAN PATRICIO COUNTY TEXAS) FROM R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT (TEMPORARY ZONING), TO C- G, GENERAL COMMERCIAL DISTRICT DEPARTMENT SUBMITTED BY Administration Brian DeLatte, P.E. EXECUTIVE SUMMARY A zoning application has been submitted by Michael J. Sullivan to rezone approximately 0.87 acres at 990 Floerke Road from R-6, Single-Family Residential District (Temporary Zoning), to C- G, General Commercial District. The property was annexed in December 2014 and has been operating as a legal non-conforming use. If approved, this zoning change would remove the nonconforming status from the property. The zoning change is consistent with state annexation statutes and prior City Council rezoning of adjacent property. At its February 13, 2018, meeting, the Planning and Zoning Commission conducted a Public Hearing and voted to recommend that the City Council adopt the proposed amendments. REZONING REQUEST The property was annexed in December Texas Local Government Code Section specifically allows that all legal uses of a property can be continued after an annexation. As Page 1 of 4

103 such, the existing use of the property is characterized by the City as a legal non-conforming use by UDO Section 802.A. Under this designation, the City cannot at any point require the property owner to discontinue the existing use at the time of annexation of the property. In its discussions with City Staff, the applicant has indicated a desire to rezone the property so that it is no longer non-conforming. This provides additional assurances that any future changes to state law would not impact their desire to continue the existing use of the property. Removing the nonconforming designation could also increase marketability of the property in the future. The use of the facility as a contractor s repair shop or other similar operations is consistent with the C-G designation. REZONING APPROVAL CRITERIA Section 318 of the UDO outlines the following criteria for which the Planning and Zoning Commission and City Council shall base approval of zoning requests, although the wisdom of amending the Official Zoning Map is a matter committed to the sound legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt, adopt with modifications or deny the proposed amendment, the City Council shall consider the following factors. 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning and Zoning Commission or City Council. Staff comment: This rezoning request is consistent with applicable state annexation statutes. 2. Consistent with this Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Ordinance. Staff comment: This rezoning request is specifically contemplated by the Unified Development Ordinance in that annexed properties automatically receive a temporary zoning designation of Single Family Residential to prevent the immediate development of undesirable uses adjacent to existing or future single-family residential subdivisions. It was understood during the annexation process that existing uses could receive the appropriate zoning designation matching their use if desired. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. Page 2 of 4

104 Staff comment: This zoning designation is compatible with surrounding properties (including the rezoned Gaines property) and future development. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. Staff comment: The City s annexation of the property constitutes a changed condition that validates the rezoning request. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. Staff comment: None. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. Staff comment: Not applicable for an existing use. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. Staff comment: Not applicable for an existing use. STAFF ANALYSIS During the annexation process in 2014, property owners were advised by the City Attorney and consulting City Planner that state law specifically allows that all legal uses of a property can be continued after an annexation. Property owners were informed that the properties that were not currently used as single-family residential could continue as legally nonconforming, or that the City would support rezoning requests to match the existing legal uses. This rezoning request is consistent with this concept. The CG zoning request is supported by state statute and the Comprehensive Plan. Additionally, this portion of Floerke Road already has a drilling pad and another office/warehouse development. During the next Comprehensive Plan update, the consulting City Planner will likely recommend that this block s Future Land Use Plan designation becomes Commercial, as single-family residential will unlikely develop along this block along the western portion of Floerke Road. Page 3 of 4

105 ADJACENT PROPERTY NOTIFICATIONS AND PUBLIC HEARING NOTICES There are 6 adjacent properties within 200 feet of the subject lot. Property owners were notified by mail, postmarked February 2, 2018, of Public Hearings at the Planning and Zoning Commission and City Council meetings. Notice was also posted in The News of San Patricio on January 25, 2018, in conformance with UDO Section 302. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission voted 6-0 at its February 13, 2018, meeting to recommend that the City Council approve the rezoning request. ATTACHMENTS Application Existing Zoning Map Exhibit Public Hearing Notice Proposed Ordinance No RECOMMENDED ACTION Conduct a Public Hearing and adopt a motion that approves the first reading of Ordinance No Page 4 of 4

106 port Development Services 1101 Moore A venue Portland, TX Phone: (361) Fax: (361) permits@portlandtx.com APPLICATION FOR ZONING CHANGE APPLICANT: I N.twBe L -S.SidUh'A-LI PHONE: I f5 IR I - 1-JB-!211f ADDRESS: 11/7 i; ild20111x; fptaj!.lm~1fl -1@315 (If other than owner, attach a written authorization from owner.) AGENT OR ATTORNEY: PHONE: ADDRESS: PROPERTY ADDRESS: I q q -o Fw~ RK EZ. h;o, 7 ipiz7zmt4 Ji. -tfj51/ LEGAL DESCRIPTION: J1k 4-A Dut or: fj P1' N Vt f R lu 85 -cep JjLk~ 1-hJaJC CURRENT ZONING:! (Z- (e PROPOSED ZONING:_! _C,._6,~--- REASON FOR REQUEST: FILING FEE: $ plus actual engineering and legal costs Make check payable to the City of Portland. Mail or bring application and filing fee to: Office of the City Engineer Public Works Building 1101 Moore A venue Portland, Texas (361)

107 Proposed Rezoning

108 Proposed Rezoning

109 NOTICE OF PUBLIC HEARINGS Notice is hereby given that Public Hearings will be held before the Planning and Zoning Commission of the City of Portland on February 13, 2018 (Tuesday) and the City Council of the City of Portland on February 20, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. on each date to solicit comments from citizens and other interested parties concerning a request from Michael J. Sullivan, to rezone 0.87 acres located at 990 Floerke Road (Being part of the north half of Farm Lot 2, Block A of the Nueces Bay Farm Tracts Subdivision as recorded in Volume 77, Page 590 of the Deed Records of San Patricio County Texas) from R-6, Single-Family Residential District (Temporary Zoning), to C-G, General Commercial District. Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) or brian.delatte@portlandtx.com

110 ORDINANCE NO AN ORDINANCE REZONING APPROXIMATELY 0.87 ACRES LOCATED AT 990 FLOERKE ROAD (BEING PART OF THE NORTH HALF OF FARM LOT 2, BLOCK A OF THE NUECES BAY FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 77, PAGE 590 OF THE DEED RECORDS OF SAN PATRICIO COUNTY TEXAS) FROM R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT (TEMPORARY ZONING), TO C-G, GENERAL COMMERCIAL DISTRICT AT THE REQUEST OF THE OWNER; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORTLAND; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY FOR VIOLATIONS AND SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; PROVIDING AND ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION WHEREAS Michael J. Sullivan, the owner of 990 Floerke Road (0.87 acres located at 990 Floerke Road has requested that his property be rezoned from R-6, Single-Family Residential District (Temporary Zoning), to C-G, General Commercial District; and WHEREAS the Planning and Zoning Commission conducted a Public Hearing on February 13, 2018, to solicit comments from citizens and other interested parties; and, WHEREAS the City Council conducted a Public Hearing on February 20, 2018, to solicit comments from citizens and other interested parties concerning the request; and, WHEREAS no formal written protest was filed by adjacent property owners and a majority vote is required to approve both readings of this ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS: SECTION 1: The request of Michael J. Sullivan is hereby granted. 990 Floerke Road (Being part of the north half of Farm Lot 2, Block A of the Nueces Bay Farm Tracts Subdivision as recorded in Volume 77, Page 590 of the Deed Records of San Patricio County Texas as described in Exhibit A ) is hereby rezoned to C-G, General Commercial District. SECTION 2: The Official Zoning Map of the City of Portland is hereby amended to reflect that 990 Floerke Road is hereby rezoned from R-6, Single-Family Residential District (Temporary Zoning), to C-G, General Commercial District. SECTION 3: If any provision, section, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall

111 not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4: Any previously adopted ordinance, resolution, rule, regulation, or policy in conflict with this Ordinance is hereby repealed. SECTION 5: Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00). Each and every day that a violation of this Ordinance occurs shall constitute a separate offense. The culpable mental state required by Chapter 6.02, Texas Penal Code, is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 6: This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall be effective from and after the publication provided herein. PASSED and APPROVED on second reading this day of CITY OF PORTLAND David Krebs Mayor ATTEST: Annette Hall City Secretary

112 FILE N o. 414SJ8 EXHIBIT "A" fie.id notes of acre tr.::ict of land, being out of a acre tract conveyed from Martin Paul Wolf to J, Frank Wright by W.3rro11ty Deed cl-3.ted December 6, 197 3, a.nd recorded in Volume 477, Page ~76 of the Deed Records of San Patricio County, Texas; Said acre tract is PcH:t of Lh i: north half o.f Farm Lot 2, Bloc~. "A" of the Nueces Bay Fa.rm Trac t s Subdivis ion a.s s hown om map marked Exhibit A and recorded in Volume 77, Page 590 of the Deed Records of San Patricio County, Texas; Said acre tract is comprised of a portion of the Miguel Arceniega Su ~vey, Abstract. 35, is situated i n San Patricio County, Texas, approximately 2.5 miles west of the town of Portland., and is described by metes a nd bounds a ::; fo.llows; Commencing at a point in the center of County Road 81, at the northeas t corner of said Farm Lot 2; Thence S 89 degrees 15 ' W, a distance of 8.00 feet to a point; Thence S 00 degrees 45 ' E with said County Road 81, a distance of feet to the BEGINNING POINT and northeast corner of this t.ract; Thenc e S 00 degrees 45' E continuing with said County Road 81, a dist~nce of feet to a point for the southeas t corner of this tract; Thence S 89 degrees 15' W along t he south line of t his tract, at feet set a 1/2" iron rod for a line marker, in al l a dista nc e of feet to a fence corner post for the southwest corner of this tract; Thence N 00 degrees 45' W along the west line of this tract, a di s tance of feet to a 4'' iron pipe found at the northwest corner of this tract ; Thence N 89 degrees 15' E along the north line of this tract, a d i s tanc e of feet to the BEGINNING POINT of t his tract, conta i ni ng 0.87 a cres, more or less.

113

114 CITY COUNCIL ACTION ITEM AGENDA TITLE PUBLIC HEARING UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS: THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO SOLICIT COMMENTS FROM CITIZENS AND OTHER INTERESTED PARTIES CONCERNING UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS TO SECTION 406 PERMITTED USE TABLE AND CHAPTER 5 SUPPLEMENTARY USE STANDARDS MEETING DATE 2/20/2018 ORDINANCE NO UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS: THE CITY COUNCIL WILL CONSIDER THE FIRST READING OF ORDINANCE NO THAT AMENDS THE UNIFIED DEVELOPMENT ORDINANCE SECTION 406 PERMITTED USE TABLE AND CHAPTER 5 SUPPLEMENTARY USE STANDARDS DEPARTMENT SUBMITTED BY Administration Brian DeLatte, P.E. EXECUTIVE SUMMARY Ordinance No proposes several text revisions to the Unified Development Ordinance (UDO). The revisions would allow a Special Use Permit to be considered for the operation of a freestanding day care serving five or more children in a residential zoning district. At its February 13, 2018, meeting, the Planning and Zoning Commission conducted a Public Hearing and voted to recommend that the City Council adopt the proposed amendments. PRIOR ACTIONS OR REVIEWS None. PUBLIC HEARING It is imperative that a fair, impartial, and legally compliant public hearing be conducted, regardless of the outcome. The Public Hearing Notice was published in The News of San Patricio on January 25, When the Chairperson is satisfied that every person or party in attendance has been given an opportunity to comment, the public hearing should be formally closed. STAFF ANALYSIS Currently, day cares that serve five or more children can operate only in the commercial zoning districts or as an accessory use in a residential zoning district. For example, a day care serving Page 1 of 2

115 five or more children can operate within a church facility located in a residential zoning district. However, it cannot operate in a freestanding facility as the primary use in a residential zoning district. A local church located in a residential zoning district that discontinued operations has been sold to a commercial day care operator. A certificate of occupancy application was denied in December 2017 to operate the existing church building as a day care facility as the primary use. If adopted, Ordinance No would allow this day care operator, and others in the future, to apply for a Special Use Permit so that the Planning and Zoning Commission and City Council could deliberate the merits of the application and implement site-specific requirements to mitigate any impacts on adjacent residential neighborhoods. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission voted 6-0 at its February 13, 2018, meeting to recommend that the City Council adopt the proposed amendments as written. ATTACHMENTS Proposed Ordinance No Public Hearing Notice RECOMMENDED ACTION Conduct a Public Hearing and adopt a motion that approves the first reading of Ordinance No Page 2 of 2

116 NOTICE OF PUBLIC HEARINGS Notice is hereby given that Public Hearings will be held before the Planning and Zoning Commission of the City of Portland on February 13, 2018 (Tuesday) and the City Council of the City of Portland on February 20, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. on each date to solicit comments from citizens and other interested parties concerning possible Unified Development Ordinance text amendments to Section 406 Permitted Use Table and Chapter 5 Supplementary Use Standards. If approved, the revisions would modify the Permitted Use Table to allow Special Use Permits for Day Care (5 or more) in the R-2, R-6, R-7, and R-8 zoning districts. Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) or brian.delatte@portlandtx.com

117 ORDINANCE NO AN ORDINANCE ADOPTING TEXT REVISIONS TO THE UNIFIED DEVELOPMENT ORDINANCE CONCERNING THE PERMITTED USE TABLE AND SUPPLEMENTARY USE STANDARDS FOR DAYCARES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY AND SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; ESTABLISHING A PENALTY FOR VIOLATIONS; PROVIDING AND ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION WHEREAS zoning and subdivision regulations in the Unified Development Ordinance implement the Comprehensive Plan according to Section of the Local Government Code; and, WHEREAS the City of Portland updated the Unified Development Ordinance on February 5, 2013 (Ordinance No. 2065); and, WHEREAS the Planning and Zoning Commission conducted a public hearing on February 13, 2018, to solicit comments concerning revisions to the Unified Development Ordinance; and, WHEREAS the Planning and Zoning Commission, after considering and evaluating comments presented at the public hearing, recommended approval of Unified Development Ordinance revisions to the City Council on February 13, 2018; and, WHEREAS the City Council conducted public hearing on February 20, 2018, to solicit comments concerning revisions to the Unified Development Ordinance; and, WHEREAS the City Council on February 13, 2018, received a recommendation from the Planning and Zoning Commission comments concerning revisions to the Unified Development Ordinance; and, WHEREAS the City Council deliberated approval of Unified Development Ordinance revisions on February 13, 2018; and, WHEREAS the City Council has found that the approval of Unified Development Ordinance revisions will promote the health, safety, and welfare of Portland residents, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS:

118 SECTION 1: Section 406. Permitted Use Table., Chapter 4, Appendix A of the Code of Ordinances is hereby amended to read as follows: Use Residential Special Nonresidential R-2 R-6 R-7 R-8 R-8D R-15 RMH R-20 RST OT-1 OT-2 P C-R C-G I RESIDENTIAL Single-Family Dwelling P P P P P P P P Two-Family Dwelling P SP SP SP Townhouse P P P P Caretaker Quarters P Manufactured Home P SP Home Occupation Type 1 P P P P P SP P P P SP Home Occupation Type 2 SP SP SP P SP Multifamily Dwelling P SP SP Assisted Living Facility SP SP SP SP SP SP P SP SP P P SP P Nursing/Convalescent Home P SP SP P P SP P Community Home P P P P P P P P P P P SP SP SP Group Home SP SP SP SP SP SP SP SP SP P SP SP SP INSTITUTIONAL/CIVIC/UTILITY Agriculture, Farming, Ranching P P P P P P P P P P P P P P P Airport, Landing Strip, Helipad, Heliport SP SP SP SP Cemetery P P Civic Organization, Private SP SP SP P P SP P Municipal Office or Building P P P P P P P P P P P P P P P Hospital SP SP P P SP P Medical Clinic or Medical Office SP P P P P Recycling Center P Religious Institution P P P P P P P P P P P P P P P School, Elementary or Secondary P P P P P P P P P P P P P P P School, College or Vocational SP SP SP SP SP SP SP SP SP SP P P P P P Telecommunication Tower, Commercial SP SP SP SP SP SP Wind Turbine Telecommunication Tower, Governmental P P P P P P P P P P P P P P P Electric Utility Substation P P P P P P P P P P P P P P P Water/Wastewater Treatment Facility SP SP SP SP P ENTERTAINMENT/RECREATION Adult Entertainment SP Amusement Redemption Machine Establishment P P Arena, Stadium, Auditorium SP P Dance Hall, Private Club SP SP SP SP Bowling Alley P SP P P Community Center or Recreation Facility, Private SP SP SP SP SP SP SP SP SP SP P SP Entertainment, Indoor SP P SP P P SP Entertainment, Outdoor, Temporary, Commercial, Recreation or Amusement SP SP SP SP SP SP SP Golf Course, Country Club P P P P P P P P P P P P P P P Gun Range, Indoor or Outdoor SP SP P Park, Recreation Area, Water Supply P P P P P P P P P P P P P P P

119 Use Residential Special Nonresidential R-2 R-6 R-7 R-8 R-8D R-15 RMH R-20 RST OT-1 OT-2 P C-R C-G I Recreation Vehicle Park SP SP SP Stable, Riding SP SP Theater P SP P P OVERNIGHT ACCOMMODATIONS Bed and Breakfast SP SP SP SP P Boarding House SP SP P Hotel, Motel, Inn SP SP SP SP SP Short Term Rental SP P COMMERCIAL/RETAIL Bank P P P P Convenience Store SP P P P P P Contractor s Professional Office P P P Day Care (5 children or more) SP SP SP SP SP P P Farm Equipment Sales P P Flea Market SP P P Fuel Sales, Gas Station P SP P P P Laundry, Self-Service P SP SP P Liquor Store P P Manufactured Housing Sales P Marina P SP P P Mortuary, Funeral Home SP P P P P Office, Professional SP P P P P Office Showroom SP P P Office Warehouse P P Parking Lot, Commercial SP SP P P P P P Pawn Shop P Personal Services SP P P P P Quick Printer, Copy Shop, Quick Signs SP P P P P Repair-- Shoe, Appliance, Electronic SP P P P P P Restaurant SP SP P SP P P Retail, General SP P P P P Smoker Shop P Storage, Self-Service or Mini-Storage SP P Studio, Professional SP P P P P Tattoo Parlor P Vehicle Parts Sales P SP P P P Vehicle Service, Limited: when located less than 60' from a residential property line SP P P P Vehicle Service, Limited: when located at least 60' from a residential property line P SP P P P Vehicle Service, General: when located less than 60' from a residential property line Vehicle Service, General: when located at least 60' from a residential property line P P P P P P Vehicle Sales P SP P P

120 Use Residential Special Nonresidential R-2 R-6 R-7 R-8 R-8D R-15 RMH R-20 RST OT-1 OT-2 P C-R C-G I Veterinarian/Animal Hospital (with indoor kennels only) SP P P SP P P Veterinarian/Animal Hospital or Kennel with outdoor kennels SP SP SP SP SP P INDUSTRIAL Manufacturing, Light SP P Manufacturing, Heavy P Mining, Excavation SP Storage Yard SP P Warehouse, Freight Movement SP Wholesale Trade SP P SECTION 2: Section 514. Day Care (5 Children or More), Chapter 5, Appendix A of the Code of Ordinances is hereby created to read as follows: A. Day care facilities serving 5 or more children shall comply with all requirements of the International Building Code Section 308 Institutional Group I. B. Day care facilities serving 5 or more children shall not be located in a single-family, two-family, townhouse, or multifamily dwelling. C. Day care facilities serving 5 or more children in the R-2, R-6, R-7, and R-8 zoning districts that begin operations after the effective date of this ordinance shall adhere to the following supplementary use requirements: 1. The hours of operation shall not commence prior to 6:00 a.m. nor extend past 8:00 p.m. 2. Only one (1) Building Sign Type A with a maximum total area of fifty (50) square feet and one (1) Freestanding Type A with a maximum total area of forty (40) feet is allowed. Other signage, banners, and flags is prohibited. SECTION 3: If any provision, section, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4: Any previously adopted ordinance, resolution, rule, regulation or policy in conflict with this Ordinance is hereby repealed. SECTION 5: Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00). Each and every day that a violation of this Ordinance occurs shall constitute a separate offense. The culpable mental state required by Chapter 6.02, Texas Penal Code, is specifically negated and dispensed with and a violation is a strict liability offense.

121 SECTION 6: This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall be effective from and after the publication provided herein. PASSED and APPROVED on second reading this day of CITY OF PORTLAND David Krebs Mayor ATTEST: Annette Hall City Secretary

122

123 CITY COUNCIL ACTION ITEM AGENDA TITLE ORDINANCE NO WILDCAT DRIVE SPEED LIMITS THE CITY COUNCIL WILL CONSIDER THE SECOND AND FINAL READING OF ORDINANCE NO THAT ADJUSTS THE SPEED LIMITS ON WILDCAT DRIVE (F.M. HIGHWAY NO. 2986) MEETING DATE 2/20/2018 DEPARTMENT SUBMITTED BY Administration Brian DeLatte, Assistant City Manager EXECUTIVE SUMMARY Ordinance No remains unchanged from its first reading on February 6, Ordinance No reduced speed limits on Wildcat Drive (F.M. 2986) as requested by the Texas Department of Transportation (TxDOT). TxDOT has informed City Staff that it made an error in information provided to the City. Ordinance No corrects the error. PRIOR ACTIONS OR REVIEWS October 17, 2017 Ordinance No reduced speed limits on Wildcat Drive DETAILS / STAFF ANALYSIS The proposed ordinance reduces the speed limit from 45 mph to 40 mph for approximately 3,800 feet of Wildcat Drive from north of Post Oak Drive to Buddy Ganem Drive. The speed limit is also reduced from 70 mph to 55 mph for approximately 2,000 feet of Wildcat Drive north of Buddy Ganem. ALTERNATIVES CONSIDERED N/A FINANCIAL IMPACT None. ATTACHMENTS Proposed Ordinance No RECOMMENDED ACTION Motion to approve the second and final reading of Ordinance No Page 1 of 1

124 ORDINANCE NO AN ORDINANCE AMENDING SPEED LIMITS ON WILDCAT DRIVE (F.M. HIGHWAY NO. 2986); PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY AND SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE WHEREAS the Texas Department of Transportation has conducted a speed study along Wildcat Drive (F.M. Highway No. 2986); and, WHEREAS the Texas Department of Transportation has requested modifying the speeds along Wildcat Drive, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND, TEXAS: SECTION 1. Chapter 21, Article III of the Code of Ordinances of the City of Portland is hereby revised: Maximum limit on F.M. Highway No. 2986, also known as Wildcat Drive. On the basis of an engineering and traffic investigation made by the Texas Department of Transportation, the speed prescribed for all motor vehicles in and along portions of Texas F.M. Highway No shall be as follows: (1) Beginning at the north city limit of Portland to a point miles south of the north city limit, seventy (70) miles per hour. (2) From a point miles south of the north city limit to a point feet north of F.M. Highway No (Buddy Ganem Drive), fifty-five (55) miles per hour. (3) From a point feet north of F.M. Highway No (Buddy Ganem Drive) to a point miles south of F.M. Highway No (Buddy Ganem Drive), the speed limit shall be forty (40) miles per hour. (4) From a point miles south of F.M. Highway No (Buddy Ganem Drive) to U.S. 181, the speed limit shall be thirty-five (35) miles per hour.

125 SECTION 2. REPEALER All previously adopted rules, regulations, policies and ordinances in conflict with this Ordinance are hereby repealed. SECTION 3. SEVERABILITY If any provision, section, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4. PENALTY Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00). Each and every day that a violation of this Ordinance occurs shall constitute a separate offense. The culpable mental state required by Chapter 6.02, Texas Penal Code, is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 5. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall take effect upon its publication. PASSED and APPROVED on second reading this of, CITY OF PORTLAND David Krebs Mayor ATTEST: Annette Hall City Secretary

126

127 CITY COUNCIL ACTION ITEM AGENDA TITLE MUNICIPAL PARK AND SPORTS COMPLEX IMPROVEMENTS PROJECT PARTIAL RETAINAGE RELEASE THE CITY COUNCIL WILL CONSIDER MUNICIPAL PARK AND SPORTS COMPLEX IMPROVEMENTS PROJECT PARTIAL RETAINAGE RELEASE TO HELLAS CONSTRUCTION IN THE AMOUNT OF $763, MEETING DATE 2/20/2018 DEPARTMENT SUBMITTED BY Administration Brian DeLatte, P.E., Assistant City Manager EXECUTIVE SUMMARY Construction is complete on the Municipal Park and Sports Complex Improvements Project. The project was completed 7 months ahead of schedule and approximately $35,000 under budget (unaudited). During final inspections and the parks openings, it was discovered that the restroom and concession floors were not constructed to the proper grade. Hellas has agreed to repair this work after the City s summer league and tournament schedules to prevent scheduling conflicts. The repair estimate is $68,000 and City Staff recommends holding $100,000 of retainage until the flooring is repaired to the City s satisfaction. PRIOR ACTIONS OR REVIEWS December 20, 2016 The City Council authorized the construction contract with Hellas Construction, Inc. for the Municipal Park and Sports Complex Improvements Project. January 17, 2017 The City Council approved Change Order No. 1 to increase the size of the Pony Field and softball fields. July 18, 2017 The City Council approved Change Order No. 2 DETAILS / STAFF ANALYSIS Warranty periods on the project began on October 14, Hellas will be extending warranty periods on the basketball court and flooring until the work is completed to the City s satisfaction. ALTERNATIVES CONSIDERED None. FINANCIAL IMPACT The withheld retainage is sufficient for the repairs. Page 1 of 2

128 ATTACHMENTS 1. Hellas Retainage Certification 2. Application and Certification for Payment RECOMMENDED ACTION Adopt a motion to authorize the City Manager to execute Pay Application No. 14 and release partial retainage in the amount of $763, Page 2 of 2

129 February 9, 2018 Mr. Randy L. W1ight City Manager City of Portland 1900 Bill y G. Webb Portland, Texas P (361) 777A513 wright@portlandtx.com RE: City of Portland Sports and Municipal 13 Acre Park Retain age Certification: Mr. Wright, Please accept the below conditions for release of partial retainage. Hellas ce1tifies that: 1. Bellas Construction Inc., agrees to repair/ slope floors to drain to the floor drains in rooms: Spo1is Complex; Men's, Women's, Family & Concessions. Municipal Park; Men's, Women's, Family & Concessions. This work will be performed per Hellas Construction Inc. letter dated January 26, Per the City's request we agree to complete this work in the Summer of2018 at a mutually agreed upon schedule. 2. Hell as has repaired the pealing basketball court surfacing at the Municipal Park. The repair value is $5, The underlying ponding water on the courts has been repaired to meet the below American Sports Builders Association (A.SBA) requirements of a hard surface court; Planarity - planarity is the degree to which a surface is constructed as designed in one true plane. The finished cotut should not vary more than +/-3/8" from the designed elevation w i.thin the Primary Playing Area. Planarity is commonly measured with a transit or laser level. Evenness - in order to be acceptable for play, a smface must be smooth and regular, lacking humps and dips. An even surface will not cause ball deflection or create a player Research Boulevard mlhct. Phone (512) Suite 240 ~ =z ~ J; Fax (512) Austin, Texas ~ info@hellasconstruction.com

130 Page2 tripping hazard. As a measure of evenness, the surface should not vary more than 1 /4" in IO' when measured in any direction using a straightedge. Small Irregularities - small deviations over a large distance that fall within the evenness standard will not affect player movement or ball bounce, but small deviations over a sho1t distance, such as those caused by irregular seams, expanded aggregate or roller marks, may affect play. For that reason, a third measure - no deviation in the concrete surface greater than 1/8" in J 8" - should be considered. The basketball court repairs for The City of Po1t land is within these standards. Please keep in mind that the ASBA docs recommend any covered or indoor courts, that do not receive direct rainfa ll, receive regular maintenance to help prolong the useful life of your new surfacing. 3. To cover these repairs, Hellas agrees the City withhold retainagc in the amount or $ I 00, until the floors are repaired per proposed plan. 4. Hellas is requesting the City release partial retainage for the accepted work in the amount of $763, The date of substantial completion for the Project is October 14, 2017 all warranty periods will begin from that date. Excluding the flooring and court repairs. 6. Hellas will warrant the flooring and courl fro m one year of the date the repairs are completed. Please sec the below costs of the floori ng repair Research Boulevard Suite 240 Austin, Texas78759 Phone (512) O Fax(512) info@hellasconstruction.com

131 Page 3 City of Portland Floor Repair Costs Item Partitions Removal & Reinstall Flooring Repair Supervision Remove & Replace Equipment Stora2e Container 20' Safety Rel!. Portable Restroom ADA Restroom Hand wash Clean-up Trash Touch-Up Paint Cove Base Total Cost $ $ $4, $ $ $ $ $ $ $ $ $ $1, $67, Thank you, ~:::> Mario Albini V.P. Design Build Operations Research Boulevard Suite 240 Austin, Texas IKI LL NllO~ITY Phone (512) Fax (512) info@hellasconstruction.com

132 APPLICATION AND CERTIFICATION FOR PAYMENT AJA DOCUMENT G702 PAGE ONE OF lwo PAGES TO OWNER: City of Portland 1900 Billy G. Webb Portland, TX FROM CONTRACTOR: Hellas Construction, Inc Research Blvd., Ste 240 Austin, TX CONTRACT FOR: City of Portland PROJECT: City of Portland -13 Acre Park VIA ARCHITECT: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment. as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. I. ORIGINAL CONTRACT SlJl\.1 2. Net change by Change Orders s , CONTRACT SUM TO DA TE (Line I ± 2) -. ~ TOT AL COMPLETED & STORED TO s DATE (Column G on G703) 5. RETAINAGE: a. 5 % of Completed Work S I b. 0 % of Stored Material Total Retainage 6. TOT AL EARNED LESS RETAIN AGE 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURREl'ff PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAlNAGE s 0.00 S I 00, s 17,174, s 16,410, s 763, $ I 00, APPLICATION NO: 14 APPLICATION DATE: /2017 PERIOD TO: 12131/2017 CONTRACT DATE: 12121/2016 Distribution to: [I) OWNER c=)architect c=jcontractor c=j c=j Hellas # The undersigned Contractor certifies thac to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Staie of:\~ ~ Subscribed and sworn to befori l-:owy Public: "Y/. -z -Z... My Commissio~ires:,,, _z., ARCHITECT'S C -,,,,..,,,,.L;nunwer:'llr"-... ~ "u'' "'r<~ ""~.AJj f 1 t:i,/~~ No11ry Pubhc, State ofs x~ of /ew'?' zup ;~~... ~E Comm. ExpifeS ,,,,,fil,~'" Notary ID PAYMENT ln ac.cordance with the Contract Documents. based on on-sice observations and the data comprising the application, the Architect certifies to the Owner that to the best of the Architect's knowledge, infonnation and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is encitled to payment of the AJv10UNT CERTIFIED. AMOUNT CERTIFIED... S CHANGE ORDER SUMMARY Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order ADD!TlONS DEDUCTIONS $706, $24, $ $16, $707, (Auach explanation if amoum certified diffus from the amount applied. Initial all figures on this Application and onthe Coniinuation Sheer that are changzd to conform will: the amount certified.) ARCHITECT: By: Date: This Certificate is nor negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herem. Issuance, payment and acceptance ot payment arc \\1thout prejudice lo any rights of the Owner or Contractor under this Contract. AJA DOCUMENT G702 AP?l!CATION ANO CERTIFJCAT!ON FOR PAYMENT 1992 EDITlON AJA C\992 TliEAMERICAN INSTITUTE OF ARCHITECT'S, 1735 NEW YORK AVE... N.W., WASH1NGTON, DC 2000&-6292 Users may obtain validation of this document by requesting a completed AIA Document Certification of Document's Authenticity from the Licensee.