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HomeMy WebLinkAbout1977-06-15 Emergency Special Meeting • MINUTES - EMERGENCY SPECIAL MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS JUNE 15, 1977 10:00 A.M. MEMBERS OF THE COMMISSION PRESENT: J. J. Meza, Mayor; Commissioners John Tomerlin, and Virginia Cline. MEMBERS OF THE COMMISSION ABSENT: Commissioners I. J. Kibodeaux, and Tom Simons. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk; Knox W. Askins, City Attorney; and H. F. Freeman, Chief of Police. • OTHER CITY OFFICIALS ABSENT: Joe Sease,Fire Chief; Stanley Sherwood, Parks & Recreation Director; D. R. McLaughlin, Fire Marshal. OTHERS PRESENT: David Corbin of Busch, Hutchison & Associates, Consulting Engineers; Bob Patterson of Southern Pacific; Jack Watkins and Ridley Moorman of Turner Collie & Braden, Inc. PRESIDING: Mayor Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + • • • Emergency Special Meeting 6/15/77 2 2. DISCUSSION REGARDING SOUTHERN PACIFIC GRADE SEPARATION - A. MC KEY PROPERTY - Mayor Meza stated that the meeting had been called to discuss some problems in regard to the construction of the Grade Separation on Spencer Highway. The first problem is regarding Mc Key's property on the south side of Spencer Highway, at his old location where is maintenance of equipment is done. Mr. Mc Key has no access to his property. Approximately 100 or 120 feet of culvert has been removed and the contractor was of the opinion that his contract did not call for his company to replace the culvert. Mayor Meza asked for a determination of how access would be given to Mr. Mc Key for access in and out of his property. It was determined that it would be extremely hazardous to give access on the main freeway, but denial of access would effectively destroy the property. There was a general discussion regarding providing access to the property. The deed was checked to see if it referenced access denial. It was a regular general warranty deed. The Attorney was of the opinion that access had to be provided, but • not necessarily on the freeway. It was the consensus of those present that it would be much better to enter and exit off of 16th Street rather than the freeway. It was determined that no building permit .was taken out prior to move the building or do the construction and that the building was definitely in violation. Motion by Commissioner Cline, seconded by Commissioner Tomerlin to advise Mr. McKey that there will not be an access to Spencer Highway; there will only be a temporary access now; he will have to enter and exit through the alley. His property will have to be re-oriented. The City will at its expense open up the alley for traffic over to 16th Street. Ingress and egress will be off the alley. The Railroad will pay for the Change Order to Austin Bridge, issued by Engineers, Turner, Collie & Braden, Inc., to Austin Bridge for a temporary access until such time as the City can get the alley surfaced on a permanent basis. There will not be an access on the 100 foot property of Mr. Mc Key to the new overpass. There will be two 12 foot wide entrances on a temporary basis. • • • • Emergency Special Meeting 6/15/77 ~ 2. DISCUSSION REGARDING SOUTHERN PACIFIC GRADE SEPARATION - (Cont'd.) A. MC KEY PROPERTY - (Cont'd.) Further the Commission agrees that when the building was relocated it was not done properly. A building permit was not issued for relocation of the building. It was improperly relocated and did not allow for the 25 foot set back. The Commission is agreeable to allow a variance to allow the building to remain where it is if Mr. Mc Key re-orients the front of the building to the south or east. The alley will now be considered the front. On a permanent basis, he will not have access to the overpass, and access will be the alley. It will be Mr. Mc Key's expense to change around the doors to his building for access to the east or south. Motion carried by the following vote: AYES: Mayor Meza, Commissioners Tomerlin and Cline. NAYS: None. Commissioner Cline and Mr. Askins will meet with Mr. Mc Key at 2:00 P.M., this afternoon, hopefully Mr. Mc Key will be • agreeable. -0- B. DITCH DOWN 17TH STREET - The problem is that the existing road is not in a center line of the street right-of-way. The permanent concrete paving is. The ditch is right at the edge of the concrete pavement and needs to be relocated. The attorney is of the opinion that the contractor has the respon- sibility of relocating the ditch. Access must be given to Bernard property. The turn out needs to be in the center of the right-of-way because eventually the street will be paved. The City will move the turn out to be even with where the garage was. The Bernard garage has been torn down and will eventually be replaced. -0- C. PLAT SHOWING LOCATION OF STREETS - The Attorney requested Turner Collie & Braden to prepare a plat showing location of streets to help prepare the necessary ordinance showing where there will be no access, no parking, one-way, etc. Barriers will be needed over the open ditches. It was the consensus that the County would have this responsibility. • -0- • • Emergency Special Meeting 6/15/77 ~ 2. DISCUSSION REGARDING SOUTHERN PACIFIC GRADE SEPARATION - (CONT'D) D. 17TH STREET PROBLEMS - An additional problems exists on 17th Street for the need of additional load of rock. One load has been placed in the area of Bay Plumbing, but more was needed. The problems exists in the right-of-way. If it is on the contractor's right-of-way, they should be responsible and if it's on the City's right-of-way, the City should be responsible. Other businesses, such as Polker Welding, and Core of Engineers are also effected due to the rain. -0- E. WATER LINE AGREEMENT - Mr. Patterson asked of the status of the water line agreement for the Strang Yard property. The Attorney stated that an agreement will be drafted by his office. Mr. Patterson further stated that the green belt fence will be started in August to allow the planting in the fall. • + + + 3. ADJOURNMENT - Motion by Commissioner Tomerlin, seconded by Commissioner Cline to adjourn. Motion carried by the following vote: AYES: Commissioners Tomerlin and Cline; Mayor Meza. NAYS: None. The meeting adjourned at 11:34 A.M. n Margie yen, Ci Clerk Passed and Approved this the 20th day of June, 1977. J. J. Meza, May r •