HomeMy WebLinkAbout1981-06-03 Joint Public Hearing and Regular Meeting
• MINUTES
OF THE
JOINT PUBLIC HEARING AND REGULAR MEETING
OF THE
LA PORTE CITY COUNCIL AND THE PLANNING & ZONING COMMISSION
JUNE 3, 1981
1. Meeting called to order at 7:00 P.M. by Mayor Meza
Members of the City Council Present: Mayor J. J. Meza,
Councilpersons Norman L. Malone, John Longley, Gus Faris,
I. J. Kibodeaux, Tom Simons, Deotis Gay, Don Skelton,
Linda Westergren
Members of Planning and Zoning Present: Pat Muston, Red
Westen, Dallie Wright, Ragan Franks, Lindsay Pfeiffer,
Karl Johnston
• Other City Officials Present: City Manager J. R. Hudgens,
City Attorney Knox Askins, City Secretary Betty Waters,
Public Works Director Jerry Hodge, Police Chief H. F. Freeman,
Parks and Recreation Director Stan Sherwood, Chief Inspector
David Paulissen, Fire Marshal Paul Hickenbottom, Assistant
City Attorney John Armstrong, Engineering Head John Joerns
Others Present: Keith Johnson, Bayshore Sun; Dave Corbin,
Busch, Hutchison & Associates; 37 citizens were present in
the Chamber
2. The invocation was given by Councilperson Tom Simons
3. Mayor Meza stated the purpose of this Joint Public Hearing
was to consider the request made by Mr. Robert Fladeland
and Western Equities to rezone Outlots 18, 19, 20, 21, 22
and 23 out of the Enoch Brinson League from R1 (Residential)
to C (Commercial and Apartments).
Mayor Meza asked if a quorum of Planning and Zoning was
present. Chairperson Muston stated a quorum of the Commission
is present.
Mayor Meza asked the petitioner to come forward to address
the hearing concerning his request. Neither of the petitioners
• were present.
• •
• Minutes, Joint Public Hearing and Regular Meeting,
June 3, 1981, Page 2
Mayor Meza opened the hearing to public comment.
Dennis Skarda, 2426 26th Street: What is the plan for this
property? What do you mean by Commercial? Looks like you
are going to take about four outlots; I am on outlot 1.
By commercial do you mean a 24-hour business? Will it be
apartments? I want to know about it. Will Fladeland or
Western Equities tell me what they plan to do?
Meza: Pat, did they give you any indication what they
intend to do?
Muston: They did not.
Askins: Pat, his letter said his immediate desire is to
build a cabinet shop on Outlot 23.
Skarda: That's Mr. Fladeland; he only has 23. What about
the rest?
• Meza: I have no idea. When they ask for a Commercial zoning,
this is a retail establishment or store or apartments, and
many other things.
Askins: Commercial zoning includes retail, offices and many
other things that would fall under these classification.
What doesn't fall in Zone C is truck terminals, industrial
manufacturing, warehousing and heavy uses of that sort.
Reading the letter Western Equities sent in, they really don't
say; they just say they consider it commercial.
Skarda: All right. I just really wanted to know what was
going to happen to that piece of property, because when I
moved out there I was Harris County. My good neighbors
La Porte annexed me. I said, "Hey, leave me alone." Oh, no,
we are going to protect you. We are going to help you. We
are going to keep you an Al residential area, and you annexed
me anyway; you took me in. Now you are getting to run com-
mercial in, will heavy industry be next?
Pfeiffer: If he was in Harris County, anything could be
built in there. They wouldn't have to ask.
Skarda: If you will look at the map, you are fixing to hem
me in with commercial property, because when Lomax goes back
to their original zoning, I'm an island. I'll be right in
the middle.
Gay: Excuse me, sir, what is your lot number?
• •
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 3
Skarda: My lot is outlot 1. Lomax had both sides of
26th Street commercial, and I understand about the 15th
or 16th of this month it will go back exactly as it was.
That's going to hem me in, I'll be in the middle. I'll
be like an island.
Westergren: Then would your property become commercial also?
Skarda: No, no, I've always been Harris County La Porte.
Westergren: Aren't you on 26th Street?
Skarda: Yes, ma'am.
Skarda: So you don't really know. Well, what about outlots
40, 39, and the rest that's along 26th Street?
Meza: We have had no request for those.
Askins: Those outlots are not before us.
• Skarda: You don't know how they are zoned?
Pfeiffer: When it was annexed it came in as residential.
Skarda: So as far as you know it's residential.
Askins: Mr. Fladeland just came in, if he has a comment.
Skarda: I know what he wants; I'm just worried about the
rest by Western Equities.
Meza: They don't indicate what they want to put on it, sir.
They just ask that it be rezoned commercial.
Skarda: Let me go on record and say, I am for 18 and 23.
For the other 4 I am not. All Mr. Fladeland is going to do
is build a little wood-working shop and I'm not against that,
but these other people, they don't even take the time to
show up.
Meza: Are you through?
Skarda: Well, I need this information.
Meza: The only information we have for you at this time is
• what P & Z has given you, Dennis.
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 4
Skarda: Then you don't know.
Meza: No.
Skarda: O.K.
Meza: Yes, sir, would you come to the mike?
Rose: I am Morris Rose, and I have talked to Western
Equities about their reason for getting this rezoned. They
are a holding company and they are considering the same type
business as Mr. Fladeland has planned. If ever Bay Area
Boulevard goes through then it will already have been rezoned
and business can proceed as it should. This is their plan
for a later date.
Meza: Thank you. Anyone else?
Harbuck: I am Don Harbuck of 11631 Flintlock in Battleground
Vista Subdivision. I live within 200 feet of the property
• requesting rezoning. I would like to say Western Equities
has signs up to sell this property as commercial property.
That is the reason for this request. We want you to know
there is a subdivision back there and we do live there and
it's kind of like it's out in the woods. We don't need the
traffic this zoning would bring. We prefer not to have these
businesses that would border on our subdivision.
Malone: Mayor, where is Flintlock?
Meza: In a subdivision down North D Street.
Woods: My name is Ray Woods. I live at 520 Battleview.
Like Donny was saying, I don't think this will help us who
live out there. When I moved in y'all wanted to charge us
$850 for limestone to fix the road. We have a hard time
keeping the road fixed anyway, so we sure don't need commercial
traffic. Somebody like me with a small car has a hard time
anyway.
Westergren: Mr. Woods, can you tell me exactly where the sub-
division is located in relation to these outlots?
Woods: The fence line is right in my back yard.
Westergren: Then you would be across D Street.
• Woods: I'm on Battleview.
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 5
Faris: You turn off 26th onto D Street.
Woods: Yes.
Faris: These last two outlots are contiguous to the housing
addition.
Waters: If you will turn to page A6 in your agenda and
please see the subdivision Battleground Vista off North D
Street.
Malone: How long has that been there?
Waters: About 25 years.
Malone: Is that down where Furlows live?
Waters: Yes, sir.
Malone: Well, I didn't think there was but two or three
houses down there.
• Waters: I think there are seven.
Faris: How many houses are in the subdivision?
Woods: Right there within 200 feet? I think there are three,
and a couple on down the road. There is no other way out of
the subdivision. That's all I have to say.
Walker: My name is Keith Walker. I live at 11630 Flintlock.
The subdivision, Battleground Vista, I can tell by listening,
most of you didn't know it existed, was platted in 1952.
Since that time it has remained virtually unimproved due to the
lack of water and sewer. Now that we have water, houses are
coming up; there's three right there now and there is one
under construction and the dirt has been brought in for the
fourth or fifth one. All these homes are going to be right
here within 200 feet of the property in question. We've had
a pretty rough time out there. We have had very little sup-
port from the City on most things. It's pretty bad when you
get stuck going for your mail. The ditches in front of the
house has got grass five foot tall, but we're making it out
there and we are making a pretty nice little subdivision.
We would ask for the support of the Council on this matter.
The property that's right off 26th Street is indeed quite a
• ways from us. The last two (18 and 23) are right beside us.
But if it is rezoned and Mr. Fladeland builds his cabinet shop,
which I don't have any objections to that, but what's going
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• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 6
to happen when he doesn't want a cabinet shop any more and
Joe Blow down the street comes in and wants to open up a
beer joint? There we are hung in the middle with no way
out. So like I say, we would like to have your cooperation
in this matter and the other few problems we have out there
I'm sure we can work out. They'll all be solved in time.
Things are going to be all right out there if we can get
this nipped before it gets started. Thank you.
Westergren: Mr. Walker, who owns the remaining property out
there? The vacant lots, are they individually owned or are
they owned by a developer?
Walker: The majority are owned by individuals.
Westergren: Then we are not dealing with a developer?
Faris: Are .you aware that if a commercial developer came in,
one of the requirements would be to put in a good road?
• Walker: Well, that might help a little ways, but that wouldn't
help enough to justify rezoning. If anything of any size was
put in on the front lots, they would use 26th Street, not
D Street, or I know I would.
Longley: Are you concerned with a smoke stack type of industry,
sir?
Walker: Anything; it doesn't matter. We don't want anything.
Everybody that lives out there, when we moved out there, we
are not poor folks. We could have lived in Fairmont or any
place we wanted to. We decided to live out there because it
was off the beaten trail and quiet, except for the airplanes.
They were there when I moved there, so I can't complain about
them. That's why we moved out there, because it's about the
last place that's got a little bit of air to it.
Meza: Mr. Walker, is a beer joint your concern?
Walker: No. I just used that as an example. All I was say-
ing was, once it is rezoned and a business is established
there and he decides he can't make it and he sells, that
property still remains commercial. Correct?
Askins: Yes.
• Walker: O.K. You never know what will come in next. When I
say this I am talking of the rear two lots where the cabinet
shop is going to be built, because they are close to our homes.
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 7
Nobody has any objections to a cabinet shop. But once it
is rezoned, we are stuck with it.
Skelton: Mr. Walker, is D Street the only street into your
subdivision?
Walker: That's right; D Street goes down and there is one
street turns north of D Street, that's Battleview.
Westergren: Mr. Walker, would you feel any less crowded if
that were developed into residential lots and there was a lot
every 60 feet?
Walker: I don't mind houses. I wouldn't like to see them.
I like open spaces. I would much rather have houses than a
business.
Westergren: I was just thinking, every house usually has two
cars, so traffic would be much greater.
Harding: My name is Amy Harding, and I own one of the lots
• Mr. Walker was just talking about that has just brought dirt
in. We chose these lots because we have two small children.
We wanted to get out of the polluted area; both our children
have allergies. For something like a steel mill, or something
like that, would just ruin our dreams of having a home out in
the country but close enough to schools. We just signed the
papers on our home and I was really appalled when I heard of
the rezoning. I agree with just about everything Mr. Walker
said. I believe if it was all residential the traffic would
be heavier but the quality of traffic would be different.
The heavy trucks on those dirt roads just won't hold up, where-
as with cars it will be different.
Westergren: You are aware, we are not considering industrial
rezoning?
Harding: Well, commercial to me is industrial, retail, what
have you. Is that correct?
Westergren: There is a real difference, like heavy steel
mill industry opposed to retail merchant.
Harding: But isn't commercial including that?
Westergren: No.
• Harding: Oh, O.K. Then we are just talking about retail
business. that's guaranteed.
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 8
Meza: Neither does that include a beer joint. They have to
have a special permit. There is an ordinance to that effect.
Harding: But if this is rezoned and the property goes com-
mercial, could a steel mill go in there?
Meza: No.
Harding: O.K. That's what I was concerned with.
Simons: The biggest thing that could go out there is a retail
store or apartments.
Harding: Would that be like a shopping center type?
Simons: Yes.
Hardin: I am totally against this, because it would be right
in our front yard. When you move out like this you don't want
this kind of thing right on top of you.
• Longley: Mrs. Harding, were you objecting to Mr. Fladeland's
cabinet shop also?
Harding: The wood working? Yes, because it will entail a lot
of saws and drills and such. We want peace and quiet.
Simons: From what I can understand so far, is you people
don't really object to lots 20 and 21 but you do object to
the rest.
Harding: That's right, we do object to that property closest
to the subdivision.
Skarda: I know the Council is aware of this but you just haven't
thought of it. Sens Road, or 26th Street, is a county road.
That road has been designated as an evacuation route. That's
why it's about three feet higher than it normally should be.
When I moved out there 15 years ago, my property was higher
than the road. The road is now about three feet higher than
my property. You start cementing out there, you got a lake.
What are you people going to do about it? You have got two
drain pipes under that entire mile road. Two! But you sit
there, you say "County problem." I've talked to almost all
of you. I've talked to Tom, Kibodeaux, Meza, I've talked to
this man over here (indicating Malone). Now when you start
• cementing it, just remember what you are going to do. You are
going to flood us out. We are going to be like the two houses
on the other end of 26th Street down by the Berry's that are
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 9
vacant. The floors are buckled and the walls are rotted.
That's what is going to happen to us. If this thing goes
commercial are you going to force them to punch w hole under
that street to get the water off of us? Or, are you going to
sit there and holler it's county? This is the problem. It
can't flow because we've got a dam, a dam called 26th Street.
Any question you would like to ask me?
Skelton: Mr. Skarda, don't you think this property would
have a problem with drainage anyway? Don't you think purcu-
lation wouldn't be great enough to take care of a large rain
anyway?
Skarda: I've been there 15 years and we have only had one
flood that I can recall. Mrs. Crittenden lives next to me;
she's close to 70 years old and was born in my house, and she
has only flooded once. It's only been flooded since the
County built it up about three foot.
Skelton: I
• have a fast
Skarda: Mu
Westergren:
was platted
would it be
agree that's a problem now, but the gumbo doesn't
purculation rate.
~h better than cement.
I have to ask you the same question. If that
out and covered with concrete streets and houses,
any better?
Skarda: You got a problem. No, you haven't got a problem
because you are going to throw it back on the County. Hay!
We are in a bind out there. We are in a bind!! You people
aren't helping us, not a bit. Your'e just sitting there
when I call you up; you say, "It's a County road. Call the
County." They come out and build a bigger bridge back up
26th to the north.
Meza: I think you have made us aware of the problem, Dennis,
don't just labor on it. We are repeating ourselves.
Skarda: Well, you know what's going to happen if it goes
commercial .
Meza: I know, Dennis. Thank you. Is there anyone else
wishing to speak?
Harding: I am Dorothy Harding, I have three lots in Battle-
.. ground Vista. The two children Amy spoke of are my grand-
children and I have two more that might be out there soon.
I would like to go on record that I would not like to see it
go commercial.
•
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• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 10
Kibodeaux: Mrs. Harding, did you say you are living out there
or just own the lots?
Harding: I own three lots; did own four but my son and his
wife have the one.
Meza: Is there anyone else wishing to speak?
Turlington: My name is James Turlington and I own outlot 2.
I bought it from Western Equities. There is supposed to be
a right-of-way going through outlots 19 and 22 and 18 and 23;
a 60 foot easement. If this is rezoned, what is going to
happen to my easement?
Askins: It would not affect it one way or the other.
Meza: If there is an easement there, it won't.
Turlington: Now that property out there doesn't drain like
was said earlier. When it rains out there, probably about
100 foot wide of my property is under water for about a week.
• It's that away out there. I think there's an old railroad bed
out there.
Meza: Shows a pipe line easement here.
Turlington: Runs east and west? How much along Sens Road is
already commercial? Isn't Don Ford trying to sell the property
at the corner of H and 26th Street as commercial? Well, any-
way, thank you for listening.
Meza: Is there anyone else wishing to speak for or against
this?
Harding: George Harding. I'm fixing to move into this area
and -----
Meza: Sir, is that your wife who just addressed the subject?
Harding: Yes, sir, but I don't know what she said.
Meza: She spoke against it.
Hardin: Oh, thank you. I wanted to do the same.
Meza: In view of the testimony given here tonight, does any-
one here object to Mr. Fladeland having his cabinet shop,
since he is the only one here for this zoning request? Could
we zone it conunercial and he could only have his cabinet shop
there?
• •
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 11
Harbuck: I'm Don Harbuck of 11631 Flintlock. Ts it possible,
I've talked to the other residents of this subdivision and no
one objects to Mr. Fladeland's cabinet shop. Is it possible
to issue him a commercial rating for a cabinet shop only and
the commercial rating be terminated if he ever sold the
property?
Meza: It would be zoned commercial with the restriction for
that particular type of business on it.
Askins: You could sell it to someone else but they would
have to have a cabinet shop. But otherwise, it's like you
said it would be, real restrictive.
Harbuck: Thank you.
Woods: My wife works nights and I work nights, and I don't
want a cabinet shop. I know Mr. Fladeland, I don't have
anything against him, we get along fine. I want peace and
quiet. He may sell to someone else and we may not get along.
• I'm against it all together.
Meza: Is anyone else against that particular use only?
Muston: Did Mr. Fladeland come in?
Meza: Yes, he is here. Mr. Fladeland, please come forward.
Muston: Would you be using saws, drills, and such?
Fladeland: Yes, laths, table saws, sanders.
Skelton: Would you be using a jointer or a planer?
Gay: Sir, this wouldn't be after 8 o'clock at night?
Fladeland: No, 5:30 P.M. probably be the latest.
Gay: I know sometimes you may have something you need to get
out and will work late. I can understand maybe running a
little late trying to get a piece out.
Fladeland: Oh, maybe sometimes; it wouldn't happen often.
I don't like to work late.
Woods: I'm not talking about night. I don't want it during
the day. I sleep during the day.
Gay: I understand. I am a shift worker myself.
• •
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 12
Kibodeaux: Is that the biggest saw you will have, a skill saw
or maybe a table saw?
Fladeland: Yes, sir. You can't hear it but maybe 30 feet
away .
Malone: You can't hear it 30 feet away?
Skelton: Is this considered a large shop with 30 or 40 people
work niwork g in it, or will it be a small shop with just yourself
and maybe one or two employees?
Fladeland: Myself and possibly one employee.
Meza: Does Council have any further questions? If not, we
will ask Planning and Zoning to retire to consider their recom-
mendation to the Council concerning this property. This is
a public meeting in the conference room and we will continue
on with our regular meeting until such time as P & Z is ready
with their recommendation. The second request for rezoning
was withdrawn.
• The Joint Public Hearing is adjourned at 7:48 P.M.
5. The Regular Meeting of the La Porte City Council was called
to order at 7:55 P.M. by Mayor J. J. Meza.
6. Motion was made by Councilperson Skelton to approve the minutes
as presented. Seconded by Councilperson Kibodeaux. The motion
carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons,
Gay, Skelton, Westergren and Mayor Meza
Nays: None
7. City Manager Hudgens asked that consideration of Emergency
Ambulance bids be moved to the last item of business, since
it would require an executive session before action could be
taken. This met with Council approval.
8. City Attorney Askins read Ordinance No. 1262 and 1263 closing
the alley ways in Blocks 1177 and 1178, Town of La Porte.
Motion was made by Councilperson Malone to approve and accept
Ordinance No. 1262 and 1263 as read.. Seconded by Councilperson
Skelton. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons,
Gay, Skelton, Westergren and Mayor Meza
• Nays: None
•
•
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 13
9. City Attorney Askins read Ordinance No. 1264: AN ORDINANCE
VACATING, ABANDONING AND CLOSING CERTAIN PORTIONS OF CERTAIN
STREETS WITHIN THE CITY OF LA PORTE FOR THE HARRIS COUNTY
LANDFILL.
Motion was made by Councilperson Simons to approve and accept
Ordinance No. 1264 to extend the life of the landfill.
Seconded by Councilperson Skelton. The motion carried, 9
ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
10. Motion was made by Councilperson Kibodeaux to approve Change
Order No. 4 to Lee Rowe Construction Company installing 16
solid core wood doors in the amount of 3,036.00, resulting
in a current contract price of 767,763.00. Seconded by
Councilperson Malone. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
• Nays: None
11. Due to the resignation of Ralph Mace, the Council saw the
need to fill that vacancy on the 1981 Board of Equalization.
Mayor Meza placed the name of Lawrence J. (Sam) Sailor before
the Council. Motion was made by Councilperson Simons to ap-
point Mr. Lawrence J. Sailor to the 1981 Board of Equaliza-
tion. Seconded by Councilperson Skelton. The motion carried,
9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays : None
12. John Joerns of the Engineering Department advised Council
that at the time of the Lomax consolidation, Lomax had a
Step I grant pending. Last fall, La Porte requested that the
Lomax Step I grant be included in La Porte's existing EPA
grant. This was done to reduce the lag time between Step I
and II funding.
The request to amend La
Lomax has been approved
amount is $155,663.00.
($38,916.00). Joerns a
the Grant Agreement and
the agreement.
Porte's Step I EPA grant to include
by TD[aR and EPA. The total grant
La Porte's share is 25 percent
eked the Council to formally accept
authorize the City Manager to execute
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• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 14
Motion was made by Councilperson Skelton to accept the Grant
Agreement and authorize the City Manager to execute the agree-
ment. Seconded by Councilperson Westergren. The motion car-
ried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
Planning and Zoning Commission returned to the Council
Chambers.
Chairperson Muston presented the Commission's recommendations
to the Council.
Muston:It is the recommendation of Planning and Zoning that
the request for rezoning of Outlots 19, 20, 21, 22 be denied.
We further recommend that outlots 18 and 23 be rezoned to a
commercial status--Apartment and Commercial--with use strictly
limited to a carpentry cabinet shop, with a maximum of five
(5) employees and a maximum building size of 1,500 square feet.
• 13. City Attorney Askins read Ordinance No. 780-000: AN ORDINANCE
CHANGING THE CLASSIFICATION OF OUTLOTS 18 and 23 FROM RESI-
DENTIAL TO COMMERCIAL.
Motion was made by Councilperson Kibodeaux to approve and
accept Ordinance No. 780-000. Seconded by Councilperson
Skelton. The motion carried, 7 ayes and 2 nays.
Ayes: Councilpersons Malone, Longley, Kibodeaux, Simons,
Gay, Skelton and Mayor Meza
Nays: Councilpersons Faris and Westergren
14. Council considered the recommended priorities for the expendi-
ture of $51,000.00 of La Porte. Water Bond funds. Motion was
made b Councilperson Skelton to accept the priorities as set
by staff members attached as a part of these minutes .
Seconded by Councilperson Kibodeaux. The motion carried, 9
ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
Council recessed into Executive Session at 7:55 P.M.
Council returned to the Council Chambers at 8:20 P.M.
• 15. At this time City Manager Hudgens recommended to Council the
bids received for Emergency Ambulance Service all be rejected.
Motion was made by Councilperson Faris to reject all bids
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• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 15
received on May 25, 1981, for Emergency Ambulance Service.
Seconded by Councilperson Longley. The motion carried,
9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
17. Administrative Reports
City Manager Hudgens informed the Council of the need to
create a "Parts Room and Office" for a more efficient opera-
tion at the Service Center. The cost of the addition will
be approximately $2,500.00; however, if the City will repair
the weak areas in the lime stabilized subgrade on the parking
area, the additional cost for the building plans will be
only $500.00, which is to cover the cost of an air condi-
tioner. This purchase will be made from the contingency fund
from the new Service Center.
Mayor Meza polled the Council and found this proposal met
with Council approval.
• Council Action:
Councilperson Malone presented Resolution No. 81-13, a resolu-
tion setting forth policy concerning the reimbursement of
City Officials when representing the City of La Porte in their
official capacity and their wives. A motion was made by
Councilperson Malone to approve and a opt Reso ution No. 81-13.
Seconded by Councilperson Faris. The motion carried, S ayes
and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
Councilperson Faris requested an executive session for person-
nel and legal matters.
Faris further requested the City Attorney consider an amend-
mend to ordinance concerning trains blocking the roadways in
the City.
Councilperson .Simons asked that we consider an amendment to
our present ordinance relating to container storage. Simons
advised he felt there should be some limit to the height for
safety reasons; with the approach of hurricane season this
• should be considered an urgent matter.
• Minutes, Joint Public Hearing and Regular Meeting
June 3, 1981, Page 16
Councilperson Skelton asked that other members of the Council
join him in a tour of the City's streets. He felt this was
the only way a priority can be set for the paving program.
Mayor Meza asked that after the tour, Skelton make a report
back to him on his findings.
City Attorney Askins informed Council of some of the legis-
lation passed during the last days of the legislature. The
La Porte/Lomax Consolidation was validated, as was the elec-
tion delayed by Hurricane Allen concerning the Amendment of
the La Porte Home Rule Charter. Another very important issue
passed by the Legislature was the La Porte Area Water Authority.
Mayor Meza stated the Council attended the 16th Institute for
Mayors and Councilpersons held in Lubbock, Texas, and found
it very informative.
Council adjourned into executive session at 9:25 P.M.
Council returned to the Council table at 10:37 P.M.
• Motion to adjourn was made by Councilperson Kibodeaux. Sec-
onded by Councilperson Gay. There being no further business
to come before the Council, the meeting was duly adjourned
at 10:40 P.M.
Respectfully submitted:
~~~~~~
Betty Waters
City Secretary
Passed and Approved this the
17th day of June, 1981
,--
J. J. Meza, Mayor
Correction to the minutes:
Motion was made by Councilperson Malone to approve change
order No. 3 on the Lomax Bond, Street & Drainage improvements,
Project No. 1288-80; the change order will result in a $4,480.00
decrease in the current contract price, from $1,269,924.00 to
$1,265,444.80. Seconded by Councilperson Faris. The motion car-
ried, 9 ayes and 0 nays.
• Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons,
Gay, Skelton, Westergren and Mayor Meza ~%""-
Nays: None
MEMORANDUM
April 7, 1981
TO: Mayor and City Council
FROM: Planning and Zoning Commission
SUBJECT: Request for Rezoning of Outlots 18-23 from
Residential to Commercial
On April 6, 1981, Mr. Robert Fladeland met with Planning
and Zoning to request a zoning change from Residential to
Commercial. His request is in conjunction with a request by
6Vestern Equities Corporation, owner of the adjoining property.
The entire tract consists of six outlots at the corner of Sens
Road and Avenue D. No representative of Western Equities
Corporation was present.
Planning and Zoning considers the land suitable for com-
mercial use and requests a public hearing to consider the pro-
posal. Our preliminary recommendation is that the request for
rezoning be granted.
Respectfully,
Pat Muston, Chairman
PM/cb
41
• ~4arch 20,1981 •
Zoning Commission
City of La Porte
La Porte, Texas
Gentlemen:
The undersigned is the owner of approximately 3 acres of land,
more or less, which is Outlot 23 in the Richard Pearsall Survey,
Abstract 625, described in Exibit "A" which is attached HBS~to.
Also attached to this letter is a copy of a plat of the subject
property.
Western Equities Corporation is the owner of the ajoining Outlots
18,19,20,21 and 22 and they are joining me in this request to
change the zoining on this property from "R-1"to "Commercial".
I~fy immidate desire is to build a Cabinet shop on Outlot 23, and
it is my understanding that rezoning would be necessary for me
to proceed with this project. I feel that the most practical and
reasonable use of the property would be commercial use.
• I ti,~ill appreciate the Zoning Commissions consideration of this
request, and its changing the zoning designation on this property
from "R--1" to "Commercial".
Yours very truly,
Robert S. Fladeland
Attached personal check for $100.00.
~~
•
- WESTERN EQUITIES CORPORATION
P. 0. Box 66688
Houston, Texas 77006
783-1616
March 20, 1981
Zoning Commission
City of LaPorte
LaPorte, Texas
Gentlemen:
The undersigned is the owner of approximately 16.8898 acres of land,
more or less, which consists of Outlots 18, 19, 20, 21 and 22 in the
Richard Pearsall Survey, Abstract 625, which is more particularly
described in Exhibit "A" which is attached hereto. Also attached to
this letter is a copy of a plat of the subject property.
Mr. Robert Fladeland is the owner of the adjoining Outlot 23, and it
• is our understanding that he has requested a change of zoning on his
property from "R-1" to "Commercial".
Our property is now also zoned "R-]" and we request that this zoning
classification be changed to "Commercial". The subject property is an
irregularly shaped tract of vacant land located at the northwest corner
of the intersection of Sens Road and Avenue D. Sens Road is the proposed
extension of Bay Area Boulevard which will eventually link this area
with the City of Clear Lake and NASA to the south. With the completion of
this thoroughfare, additional access will be available to Bayport and
Clear Lake City, and we believe this will increase industrial/commercial
growth in the vicinity of the subject property. We feel that commercial
use of land within the vicinity of the subject will increase in the near
future and that the most practical and reasonable use of the property
would be commercial use.
We will appreciate the Zoning Commission's consideration of this
request, and its changing the zoning designation on this property
from "R-1" to "Commercial".
Yours very truly,
WESTERN EQUITIES CORPORATION
~~~
• Wilma Grove _
Vice President
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•
ORDINANCE NO. ~
AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEY
IN BLOCK ELEVEN HUNDRED SEVENTY-SEVEN (1177), IN THE TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS.
M~
WHEREAS, the said alley in Block Eleven Hundred Seventy-
seven (1177) of the Town of La Porte has never been oFsened or
used as a public thoroughfare, and the public utilities now
making use of such alley have all given their written consent
-for its closing; and
WHEREAS, the City Council of the__City of La Porte has
determined and does hereby find, determine and declare that
• the said alley is not suitable, needed, or beneficial to the
public as a public alley, and should be vacated, abandoned and
permanently closed;
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The alley located in Block Eleven Hundred
Seventy-seven (1177) of the TOWN OF LA PORTE, Harris County,
Texas, is hereby permanently vacated, abandoned and closed by
the City of La Porte.
Section 2. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the ..
. City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
• confirms such written notice and the contents and posting
thereof .
~~
~~ ~z l ~i
Ordinance No. Page 2.
Section 3. 'phis Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the day of ,
1981.
CITY OF LA PORTE
By
J. J. Meza, Mayor
ATTEST:
City Secretary
APPROVED:
City Engineer
City A torney
ORDINANCE NO. /a~ ~p,3
AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEY
IN BLOCK ELEVEN HUNDRED SEVENTY-EIGHT (1178), IN THE TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS.
~y
WHEREAS, the said alley in Block Eleven Hundred Seventy-
eight (1178) of the Town of La Porte has never been opened or
used as a public thoroughfare, and the public utilities now
making use of such alley have all given their written consent
_for its closing; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that
. the said alley is not suitable, needed, or beneficial to the
public as a public alley, and should be vacated, abandoned and
permanently closed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The alley located in Block Eleven Hundred
Seventy-eight (1178) of the TOWN OF LA PORTE, Harris County,
Texas, is hereby permanently vacated,- abandoned and closed by
the City of La Porte.
Section 2. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the
• City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during. which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
• confirms such written notice and the contents and posting
thereof .
ti
s
C~~ E~
Ordinance No. , Page 2.
Section 3. ~~his Ordinance shall take effect and be in
force from and after its passage and approval. _
1
PASSED AND APPROVED this the day of ,
1981.
CITY OF LA PORTE
•
•
L'
By
J. J. Meza, Mayor
ATTEST:
City Secretary
APPROVED:
City Engineer
~~
City A torney
•
ORDINANCE NO. ra (,
AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN PORTIONS
OF CERTAIN STREETS WITHIN THE CITY OF LA PORTE, HARRIS COUNTY,
TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the~City of La Porte has been
requested by the record owner of all of the property abutting
the hereinafter described portions of certain streets, lying
and being situated within the City of La Porte, Harris County,
-Texas, to vacate, abandon, and permanently close said portions
of said streets; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that
the hereinafter described portions of said streets are not
suitable, needed, or beneficial to the public as public roads
or streets, and that the closing of the hereinafter described
portions of said streets is for the protection of the public
and for the public interest and benefit, and that the herein-
after described portions of said streets should be vacated,
abandoned, and permanently closed;
NOW, THEREFORE, -BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to
the City of La Porte under its Home Rule Charter and Chap. 13,
• Title 28, Art. 1175, of the Revised Civil Statutes of the
State of Texas, 1925, all of those portions of the hereinafter
described streets are permanently vacated, abandoned, and closed
by the City of La Porte, to-wit:
North 1st Street from the north right-of-way
line of North "H" Street to the north right-
of-way line of North "I" Street;
North 2nd Street from the north right-of-way
line of North "H" Street to the south right-
of-way line of North "J" Street;
~~
.~ ~ ~z
•
Ordinance P1o. _ , Page 2.
North 3~'d Street from the north right-of-way
line of North "H" Street to the south right-
of-way line of North "J" Street;
North 4th Street from the north right-of-way
line of North "H" Street to the south right-
of-way line of North "J" Street;
North 5th Street from the north right-of-way
line of North "H" Street to the south right-
of-way line of North "J" Street;
North 6th Street from the north right-of-way
line of North "H" Street to the south right-
. of-way 1 ine of North "J" Street;
• North 7th Street from the north right-of-way
line of North "H" Street to the south right-
of-way line of North "J" Street;
North "I" Street from the west right-of-way
line of North Broadway to the east right-
of-way line of North 8th Street.
Section 2. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
of the date, hpur, place and subject of this meeting of the
City Council was posted at a place convenient to the public
at the City Hal-1 of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
• law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval. _
•
r
Ordinance No. , Page 3.
4
PASSED AND APPROVED this the day of June, 1981.
CITY OF LA PORTE
By
J. J. Meza, Mayor
• ATTEST:
City Secretary
APPROVED:
C~~~ ~
City Attorney
•
ti
~3
.. ~ •
CITY OF LA PORTE-
INTER-OFFICE t•lEf•tOR~,itDUt4
T0: J. R.~1Hudgens. DATE: May 14, 1981
FROM: D. l'I. /~'(issen
SUBJECT : Doors at 'Service Center
Exit corridors in Group B- Business Buildings must be of a
one hour fire resistant construction as noted in section 702.3 of
- the Standard Building Code. The ratings on doors in the corridors
are set forth in Table 700 Minimum Fire Resistance of Walls,
Partition, and Opening Protectives. The opening protective for
exit access corridors shall be a~minimum of 20 minutes. I
know of no hollow core door that can meet the 20 minute require-
ment. These are requirements and not recommendations.
. If I can give you any further information or help in the
council presentation, just let me know.
DAP/dsw
• -
GI
. ~ .>
•
~3t~SC~, H+'i'C~ISt~N ~ d~~S®C, 1@V C.
1107 Fleetwood Drive
Baytown, Texas 77520
'Y'Q'c~nsP~1o~$~1
~P.Q.~ox ~t~s
t~ Pn2z~ ~~~~ s~ ~
3011 San Jacinto, Suite 105
Houston, Texas 77004
Sh~~$
M~~ ti Z
DATE:_ ._-~, a t ~( ~1
PROJECT: L4 po2~~ pv~ ~ ~ L
`~.VCJ2lCS L~c.rpCr ,
Attention: i~1~2_ J~v~ t-~0O0rIzu~S
We are transmitting ( inclosed herewith, ( ) Under separate cover, .. the following•
Co ies Descri tion
3 C a ~
These are:
( ) Approved For your approval
( )Approved as noted ~ ) For your records
( ) Disapproved, resubmit ( ) Other
Please return ~ 3 copies
REMARKS : (1-1 l S ~ S ~n l'p~>V1Cl~. ~Ll ~ ~ 2S~ V~C`X91~ 1JC~O~ S
~ ~25N~t. ~ ~u~~,~ rr~o-- .~ 1sPF<<~~.
ies to:
Busc Nutchis & A soc., Inc.
BY:
.. t ,. • • J
Cl3A?~GL ORDER
No . ..............4.......__...............
• Dated .-stay 12, _ 1981_ .
79-215
Ownci s Protect No. ......_ ........... Eltginccr`s Projcct No......_...~ 9-2154_____________________________
Projcct Public, Works. Facil ity„_,_,_,,,___„_„_
Owner .....................City_.of_--La._Porte
~ - -
Contractor .-_...Lee Rowe Construction Co. _,____- Contract Date ._....December__17.,_._1~8Q.__..___„______________
Contract For ..._.._Construction of a Public Works_Facility_ _ __ .. _ _ __ _________________ _ ______ ____
To: Contractor
You are directed to make the changes noted below in the subject contract:
Owner __....City__of.-La-Porte _____________________
By ..........................................................................................
Jim Hudgens
Date May 13 , 1981
Nature of the Change
1. Install solid core wood doors in accordance
with revised drawing Sheet 22 of 44. ': $3,036 00
y
2. Time Extension for inclement -
weather (8 days}
Enclosures:
The changes result in the following adjustment of Contract Pricc and Contract Time:
Contract Price Prior to This Change Order
Net (Increase) (Decrease) Resulting from this Change Order
Current Contract Pricc Including This Changc Order
• NSPE 1910-S-B (1970 Edition) +
ti
~ 1970, National Society of
_ Professional Eatiaccn
.f - q Pagc 1 of _....... pages
~~
5,.764,727:00 _........- -..-.
S .... 3.,.83.6 . Dq ............... .
S..7 67 , 7,63 ; 00 ............... .
IV-Rl
• .. ~ ~ ~
....pct Tirnc Prior to T}ris t.tian~c Ordcr ..................................................................................211 ......... Calendar Days.
=c: (Increase) (Decrease) Resulting From This Chaage Order .....................................................8............. Calcnd::r Days.
:u~ Contract Tirne Including This Change Order ..................................................................27:.9.._.:....... Calendar Drys.
~c Above Changes Arc Approved: .-.$jJ~~T:i,-.HZITCHISON &ASSOCIATES,-,INC-:._,_-,,,-„-.,,,,,
..............
NGINLER
by - - - •-~-- --• - •• - ~ ....................... y
James P. Hutchison
Dale ............... MaY...12.:..1981.........._
he Above Changes Are Accepted: LEE ROWE CONSTRUCTION COMPANY
CONTRACTOR
by ........................................................................._...._....._....
_ _ ;Leroy Morgan _
Date -----------------------------------------------------------
•
ti
Page .-__--.. of ........ pages
C7
•
MEMORANDUM
T0: CITY COUNCIL
FROM: MAYOR
SUBJECT: BOARD OF EQUALIZATION
Mr. Ralph Mace, the member of the Board of Equalization
we appointed on May 6, 1981,has ask to be replaced. -He was
also serving on the Schools Board of Equalization and the
School Board feels to serve on the City's Board would be
a conflict of interest.
I.have recommended Mr. Sam Sailor as the replacement
for Mace. I feel he is well qualified to serve in this
capacity. -
•
~ 1
•
• MEMORANDUM
May 27, 1981 -
TO: J. R. Hudgens --
FROM: John Joerns
SUBJECT: Acceptance of EPA Grant Amendment; Lomax Area
At the time of consolidation the City of Lomax had a
Step Y grant pending. Last fall the City requested that the
Lomax Step I grant be included in La Porte's existing EPA
grant. This was done in an effort to reduce the time lag
between Step I and Step II funding.
The request to amend our Step I EPA Grant Agreement to
include the Lomax area has been approved by the TDWR and EPA.
The total grant amount is $155,663.00. The City's share is
25$ ($38,916.00) and the EPA share is 75~ ($116,747.00).
Council needs to formally accept the Grant Amendment and
authorize you to execute the Agreement and return it to TDWR
• by certified mail.
The scope of the Step I Amendment is to perform an
Infiltration/Inflow Analysis and amend the La Porte Facility
Plan to include the Lomax planning area.
JJ/cb
C
John Joer s
Engineering ;~artment
V
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MEMORANDUM
May 19, 1981
T0: J. R. Hudgens, J. Hodge, J.
FROM: John Joerns
Sease,r P. Hickenbottom
SUBJECT: La Porte Water Bond Project: Recommended Priorities
for Expenditure of $51,000+ Remaining Funds
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Attached is a list of recommended water system improvement
projects compiled from various sourcesl. After review of the
list and considering the funds available, the Engineering Depart-
ment has arrived at a proposed priority Fist for the completion
of the La Porte Water Bond Project. The projects designated
here are designed to improve the water distribution of a general
area and/or eliminate dead-end .mains, and are not necessarily
for the service of one specific area.
Proposed Priority Benefits
8-inch water main from South C
and Idaho to Idaho and Park -
approximately 2000 feet
Leg one of completing 8-inch
loop in East .La Porte and
provide more fire protection
for the proposed Happy Harbor
expansion
6-inch main on South Holmes be-
tween Park Drive and Roscoe -
approximately 800 feet
6-inch main on South Brownell
between Park Drive and Roscoe2 -
approximately S00 feet
6-inch (or 8-inch) main on park-
way between Park and Roscoe -
approximately 800 feet
6-inch water main on Bayshore
Drive from Bellaire to Oak Grove
Avenue - approximately 850 feet
Replace existing 1~-inch line
and increase fire protection
Replace existing 1-inch line
and increase fire protection
Replace existing 2-inch line
in alley between Seabree2e and
Oak Grove Avenue
Complete 6-inch loop
1Sources: (1) Letter from Busch, Hutchison to La Porte
Public Works -
(2) Utility verification by La Porte Public Works
(3) Staff meetings with Fire Dept. and Public Works
2Location needs to be field verified by Public Works Dept. ,
3Dependent on results of flow tests.
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Proposed Priority Benefits
i 8-inch water main on East-lain _ Loops two dead end 8-inch
Street from Kansas to Ohio mains
As mentioned earlier, the Engineering Department cannot
perform the necessary design activities and maintain progress
on our existing programs. It is my recommendation to retain
Busch, Hutchison (already under contract) to perform the neces-
sary engineering services, with the exception of resident inspec-
tion. A map depicting these extensions will be available at the
next Council work session.
1
John Joerns
Engineering ~" tment
JJ/cb
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2Location needs to be field verified by Public Works Dept. -
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CITY OF LA PORTS
•
TNTER-OFFICE MEMORANDUM
DATE: June 3, 1981
SUBJECT: Ad 'on ,o One Office and Parts Storage Room to the New Service Center
T0: Jim ud ens, C'ty Manager
FROM: Jerry, od irector of Public Works
In the present design of the new Service Center, the Parts Room is located in
the Warehouse facility. This means that all the mechanics will have to walk
from the Garage to the Warehouse to pick up parts and equipment needed. During
rainy or inclement weather they will have to go outside of the Service Center
to mach the Parts area.
I am requesting that we locate the Parts storage area, appraximately 1S X 25,
in what is now called the Paint Shop, which is located next to the Garage area.
Also, in the present plans for the Garage area there is only ane (l.) affice, and
• I am requesting the addition of an office adjacent to the office already planned.
This will give us an office for a records clerk. Due to the expanded workload
in the Garage, it necessitates the addiitian of a clerk in this area to maintain
proper records. The cost of the addition will be approximately $2,500.00.
I have visited with Busch and Hutchison on these changes and Ji.m Hutchison has stG.°..-~'
there are weak areas in the lime stabalized subgrade on the Public Works parking
area, and if we would repair these as we begin to place the crushed Limestone bass:,
the additional cost for the building plans will be only $500.00, which is to cover
the cost of an air conditioner. This purchase will be made from the contingency
fund from the new service center. This will not require a Change Order.
The justificatian for these changes are to help increase efficiency of the Garage
operation, first by lessening the wasted time of the mechanics in obtaining parts
for repair and by the additional office space for better maintenance of records.
I would appreciate your consideration of these additions.
•
JH/lw