Loading...
HomeMy WebLinkAbout1979-01-10 Regular Meeting• MINUTES - REGULAR MEETING • OF THE LA PORTS CITY COMMISSION, LA PORTS, TEXAS JANUARY 10, 1979 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza; Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline, and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator; Margie Goyen, City Clerk; Knox Askins, City Attorney; Gail Hamilton, Assistant City Attorney; Stan Sherwood, Parks & Recreation Director; Joe Sease, Fire Chief; D. R. McLaughlin, Fire Marshal; Paul Hickenbottom, • Fire Inspector. OTHER CITY OFFICIALS ABSENT: H. F. Freeman, Chief of Police. OTHERS PRESENT: Eugene Hovey, Auditor. David Fetzer and Pete Fischer of Moroney Beissner; A. J. Busch, Jr. and David Corbin of Busch, Hutchison & Associates; Eddie Gray of Gray Enterprises; H. Carlos Smith of Carlos Smith Engineering and various citizens. PRESIDING: Mayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + C • Regular Meeting 1/10/79 2. INVOCATION - The invocation was given b~~ Commissioner John Tomerl- i- n 2 + + + 3. APPROVAL OF`MINUTES - JOINT P~TBLIC HEARING AND REGULAR MEETING - DECEMBER 20, 1978 - Motion y Commissioner Tomerlin, seconde by Commissioner Kibodeaux to approve the minutes of the Joint Public Hearing and the Regular Meeting of December 20, 1978, as presented. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • 4. ACCEPT BIDS -'ONE (1) SIDE LOADER GP,RBP:GE TRUCK - The following bids were opened and read aloud: VINSON BAYTOWN DODGE, INC. 2800 Market Street Baytown, Texas 77520 GULF STATE CRANE AND EQUIPMENT CO. P. O. Box 55884 Houston, Texas 77055 EMCO P. 0. Box 1747 Plainview, Texas 79072 DAVIS TRUCK & EQUIPMENT CO., INC. P. O. Box 4457 Waco, Texas 76705 JAY MARKS CHEVROLET P. O. BOX 1118 La Porte, Texas 77571 JOE CAMP FORD 621 Highway 146 La Porte, Texas 77571 Total Price NO BID NO BID $23,000.00 $16,200.00 NO BID $37,663.63 NO BID • - 0 - ~ ~ • Regular Meeting 1/10/79 3 4. ACCEPT BIDS - ONE SIDE LOADER GARBAGE TRUCK (CONTINUED) Motion by Commissioner Tomerlin, seconded by Commissioner Kibodeaux to accept the .bids for tabulation and recommendation. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • 5. AUDIT REPORT FROM AUDITOR, EUGENE HOVEY - Mr. Eugene Hovey, CPA, read a synopsis of the audit for the fiscal year ending September 30, 1978; stating the City's good sound financial condition; commending the City Officials on the capital improvements made and further stating the pleasure of the opportunity to present the audit. Motion by Commissioner Cline, seconded by Commissioner Simons to accept the audit report from the Auditor as presented, for the 1977-78 fiscal year ending September 30, 1978. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 6. CONSIDER APPROVING PROPOSED ORDINANCE NO. 780-RR - ORDINANCE AMENDING ZONING ORDINANCE - After the proposed ordinance was read in full, motion by Commissioner Simons, seconded by Commissioner Kibodeaux to approve Ordinance No. 780-RR as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux and Simons. NAYS: Commissioner Cline. A copy of the Ordinance No. 780-RR is attached and made a part of these minutes. C CAPTION: AN ORDINANCE AMENDING ORDINANCE N0. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PASSED AND APPROVED ON FEBRUARY 5, 1968; PROVIDING MINIMUM DEPTHS OF SIDE YARDS; PROVIDING MINIMUM DEPTHS OF REAR YARDS; PROVIDING MAXIMUM COVERAGE BY BUILDINGS ON A LOT; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + • • Regular Meeting 1/10/79 4 7. CONSIDER APPROVING PROPOSED RESOLUTION N0. 79-1 - FEDERAL GRANT - SANITARY SEWER PROJECT - After the proposed resolution was read in full, motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to approve Resolution No. 79-1 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: PROJECT SCHEDULE RESOLUTION. + + + 8. ADMINISTRATIVE REPORTS - A. The Administrator read a letter from George Rush, Sr., expressing appreciation to all the department of the City for their continuing to work the representatives of Vista Baywood and their problems. B. The Administrator stated he had received a letter from the City of Shoreacres regarding problems to obtain insurance • required by the City of La Porte for services in the contractural agreement. C. The Administrator stated that the lease for the Welfare Office would be expiring in February. D. The Administrator read a letter from Mr. Poorman of the State Department of Highways and Public Transportation regarding recommendations by the City for the Federal Aid Urban System Program. A copy of said letter is attached and made a part of these minutes. + + + 9. COUNCIL ACTION - Commissioner Cline qualified her nay vote against the revision to the Zoning Ordinance by stating that she felt that enough consideration had not been given and wondered when the Commission would stop making concessions. Commissioner Simons stated that he felt much study had been given regarding the .amendment to the Zoning ordinance; commended the Planning and Zoning Commission for their work; expressed his appreciation to the Fire Department and Public Works Department • because of the problems of Vista Baywood. + + + • • Regular Meeting 1/10/79 5 10. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E), (F), AND (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) - Motion by Commissioner Kibodeaux, seconded by Commissioner Simons that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 7:44 P.M. The meeting reconvened at 9:05 P.M. + + + 11. ADJOURNMENT - Motion by Commissioner Simons, seconded by Commissioner Kibodeaux to adjourn the meeting. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. • NAYS: None. The meeting adjourned at 9:06 P.M. ~. a ie yen, Cit Clerk Passed and Approved this the 24th day of January, 1979. J. J. Meza, Ma or • ORDINANCE NO. 780- RR AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PASSED AND APPROVED ON FEBRUARY 5, 1968; PROVIDING MINIMUM DEPTHS OF SIDE YARDS; PROVIDING MINIMUM DEPTHS OF REAR YARDS; PROVIDING MAXIMUM COVERAGE BY BUILDINGS ON A LOT; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEP~IEANOR AP1D UPON CON- VICTION THEREOF SHALL BE FINED IN ANY SUM NOT D4ORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSIOPI OF THE CITY OF LA PORTE: Section 1. Section 13-201(8) of Ordinance No. 780 of the City of La Porte, is hereby amended, and shall hereafter read as follows, to-wit: (8) Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises, when detached • from the main building and located not less than seventy-five (75) feet from the front lot line, and not less than five (5) feet from any side property line. When an accessory building is directly attached to the main building by a breezeway, the accessory building and breezeway shall be considered integral parts of the main build- . ing. Section 2. Section 13-204, of the Ordinance No. 780 of the City of La Porte, Texas, is hereby amended to read as follows: 13-204 Area Regulations: (1) Front Yard: The Front Yard shall have a minimum depth of twenty-five (25) feet. (2) Side Yard: The Side Yard shall have a min- imum width of five (5) feet; however, lots less than fifty (50) feet in width shall provide a minimum Side Yard of three (3) feet, except that on corner lots, the Side Yard on the side street shall be a minimum • of five (5) feet. An .accessory building in a Rear Yard shall not be closer than three (3) feet to a side lot line. (3) Rear Yard: The Rear Yard shall have a minimum depth of eighteen (18) feet or of ten (10) feet from any utility easement, whichever is greater. A detached accessory building in the Rear Yard shall not be closer than three (3) feet to the rear lot line or to any utility easement. (4) Area of the Lot: All building plots in this district shall contain not less than six thousand (6,000) square feet, subject to the provisions of Section 13-103. (5) Buildings on the Lot: The buildings or building on any one (1) lot must not exceed forty per cent (40$) of the entire lot area. • • • Ordinance No. 780- R_, Page 2. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 4. If any section, sentence, phrase, clause, or any part..of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of • ce t i en , on, sen this City Commission to have passed each sect phrase or clause, or part thereof, may be declared invalid. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the day of 1978. CITY OF LA PORTE • n By J. J. Meza, Mayor ATTEST: City Clerk APPROVED: ~L / City Attorney ! • AdrRi3fi ~•trat ion CITY OF LA PORTE INTEROFFICE MEMORANDUM TO' MAYOR & CITY COMMISSIONERS DATE: NOVEMBER 29,•1978 FROM• PLANNING & ZONING COMMISSION • PAT MUSTON, CHAIRMAN SUBJECT: AMENDMENT RELATING TO R-1 PROVISION OF ZONING ORDINANCE The Planning & Zoning Commission of-the City of La Porte requests a joint public hearing with the City Commission concerning the proposed amendment to the Zoning Ordinance. We feel that the amendment will essentially meet the needs of all concerned until a full study can be made. We therefore recommend that the amendment be adopted in its present form. Respectfully, ~~1.?~" ~~~~ ~?~~ S~1c • Pat Muston, Chairman • t Administration CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: PLANNING & ZONING COMMISSION DATE: DECEMBER 9, 1978 MAYOR MEZA AND CITY COMMISSIONERS FROM: ' COMMISSIONER VIRGINIA CLINE SUBJECT ZONING ORDINANCE AMENDMENTS I realize the need to update and make some very important changes to the City of La Porte Zoning Ordinance, but until a complete and thorough study can be made, I feel it would be unwise and premature to approve the proposed amendment. Commissioner Virginia Cline • • t ' ~ RESOLUTION NO. 79-1 • PROJECT SCHEDULE RESOLUTION • Whereas, the Cit of La Porte ega ame o pp scan has made application to the Texas Department of Water Resources and the Environmental Protection Agency for a Federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto; Now Therefore, Be It Resolved by the above named applicant that the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, will be constructed to com- pletion in accordance with the laws, rules, and regulations and • with the following project schedule. General Information Date applicant's share of project costs will be available. Date site(s) for project facilities will be available. Date Step 1 Cnmpl PtPd Step 2 NnyLA~ j~hl a Step 3 February 1979 Pro-iect Schedule Item STEP 1 Calendar Days A. Infiltration/Inflow Analysis (with Evaluation Survey Plan of Study if required) completed & submitted to State completed days • after Step 1 grant award. B. Infiltration/Inflow Evaluation Survey (if required) completed & submitted to State completed days after grant amendment for Survey. TDWR•0570 • • • C. Application for Waste Control Permit (if required) made no later than completed days after Public Hearing notice for Facility Plan is issued. D. Final Environmental Assessment and Facility Plan (including time for draft reports, advertisement & hearing) completed and submitted to the State completed days after Step 1 grant award. STEP 2 A. User Charge System and Industrial Cost Recovery System (if required) developed and submitted to the State 90 days after Step 2 grant award. • B. Preliminary Plan of Operation (if required) completed and submitted to the State 30 days after Step 2 grant award. C. Final Plans and Specifications, completed and submitted to State 270 days after Step 2 grant award. STEP 3 A. Advertise for Construction Bids within 45 days after authorization to advertise for bids has been issued. B. Submit Bid Opening Documents within 30 days after authorization to advertise for bids has been issued. C. Award of Construction Contract within 7 days after authorization to award the contract has been issued. • D. Initiation of Construction within 30 days after the award of the contract. TUW R•OG70 P.n. 7 w( 7- _ ' ~. ~ C~ E. ~ Complete Construction within 540 days after initiation of construction. Be it further resolved, that the above named applicant understands that the above project schedule must be approved by the Texas Department of Water Resources and the Environmental Protection Agency, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the Texas Department of Water Resources and the Environmental Protection Agency. • Passed, approved, and adopted this day of , 19 Signature & Title of Official Governing Body J. J. Meza, Mayor (Seal) ATTEST; • Signature & Title of Official Authorized to Attest TDWR•0570 Margie, Goyen, City Clerk ' -'wao 3 a( 3 • COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C GREEK CHARLES E SIMONS • • 'Y.: i! ~~ 't..~'-(i . ,r ~~. rr,; ;~.~> ~:~_, srA~rE nH:nnH'TME:N'C OF HIGHWAYS AN[) I'Ul3LIC 'I'RANSPOIt'fA"1'{ON P. 0. Box 1386 Houston, Texas 77001 January 3, 1979 Subject: 1979-80 Federal Urban System Program Hon. J. J. Meza Mayor, City of La Porte P. 0. Box 1115 La Porte, Texas 77571 ENGINEER-DIRECTOR f3. L. DEE3ERRY Dear Mayor Meza: The State Department of Highways and Public Transportation (SDHPT) is proposing the formation of a two-year (1979-1980) Statewide Federal-Aid Urban • System Program. ode request that the City recommend eligible projects to be considered for inclusion in this two-year program having a total cost in the range of $60,000 to $90,000. Each project recommended should be assigned a priority. It is suggested that projects in various price ranges be suggested. This will aid in the selection. (For example: If there are projects requiring approximately $20,000, $80,000 and $300,000-and $90,000 is available, the $80,000 project could qualify, but if only $300,000 project selections-were made, none would fit into the program.) The estimated cost should include an allowance for preliminary engineering (we suggest 5%), and construction engineering and contingencies (E.&C.) of 10%. An inflation factor of 8% per year should be used for estimating purposes. If 1978 prices are used in preparing estimates, then projects projected to be let in 1980 should be increased 16%, etc. As one-half of the alloted funds will have to be obligated (under contract) by September 30, 1982, and the remaining one-half by September 30, 1983, high priority will be assigned to projects that can advance to contract in a minimum of time. Maintenance-type projects will not be acceptable for inclusion in the program. Projects must be presently on the Urban System or you must arrange to have the project placed on the Urban System through the Steering Committee of the Multimodal Transportation Planning Group. The local government will be respon- sible for the cost of any storm sewers, curb and gutter and all right of way and • utility adjustments on projects that are off the present State Highway System. On projects that are on the State Syst~n, local goverrnnents will be responsible for sto nn sewers, curb and gutter, and right of way by the usual formula--100% for Farm to Market Koads, and 90% State and 10% local on the State tiigtiway • 1979-80 Urban System Program January 3, 1979 Page 2 System. On ail projects, any relocation assistance cost will be borne by the State. In urbanized areas, project selection is subject to the Section 134 planning process. Meetings with public bodies regarding selection of urban system projects and the assignment of priorities are subject to provisions of the "Texas Special Meetings Law," Article 6252-17, Vernon's Texas Civil Statutes. Please document your project recommendations by City Resolution or by letter signed by you as the Mayor. Projects recommended by the City will be subject to approval by the SDHPT and, in turn, by the Federal Highway Administration {FH4JA). After the program has been approved by the FHWA, the SDHPT Commission will send to the City, for acceptance, a tender Minute Order for each project setting out more specifically the scope of the project and the joint responsibilities of the City and State. Please provide your list of projects by January 22, 1979. We would emphasize the essentials of complying with this deadline for the reasons cited above. If you have any questions regarding this program, please contact Mr. V. D. Schultz, Supv. Resident Engineer, by telephone at 481-1120. Very truly yours, Other F. Poorman District Engineer District No. 12 FYW:soz cc: Mr. V. D. Schultz •