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Home My WebLink About1982-06-16 Joint Public Hearing and Regular Meeting • MINUTES OF THE JOINT PUBLIC HEARING OF THE LA PORTE ZONING BOARD AND THE LA PORTE CITY COUNCIL AND THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL JUNE 16, 1982 1. The Joint Public Hearing of City Council and the Planning and Zoning Commission was called to order by Mayor Cline at 7:00 P.M. The invocation was given by Delbert iValker. Members of the Council Present: Mayor Virginia Cline; Councilpersons John Longley, Ed Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Don Skelton • Members of the Council Absent: Councilpersons Norman Malone, Linda Westergren Members of the Planning & Zoning Commission Present: Dr. Genie Suhr, R. J. Blackwell, J. R. Spradling, Bertha Cook, Andy 6Vilson, Ragan Franks, Karl Johnston P~Iembers of Planning & Zoning Absent: None Members of the City Staff Present: City Manager Jack Owen, Assistant City Attorney John Armstrong, City Secretary Betty ;caters, Police Chief Herb Freeman, Director of Engineering John Joerns, Fire Marshal Paul Hickenbottom, Fire Chief Joe Sease Others Present: Dick Bell of the Bayshore Sun; Jeff Patterson of the Southeast Weekly; Frieda Beaty of the Baytown Sun. There were 27 citizens present. lA. Mayor Cline stated this Joint Public Hearing had been called to hear a request to rezone from Commercial to Industrial with a "Special Use Permit" for container storage and repair a tract of land containing 19.892 acres being a part of the :9. E. Stiles Trust. Mayor Cline read a letter requesting the rezoning from Jerry Parish and a letter from the Trustees and Co-Trustees of the W. E. Stiles Trust. • C~ • Minutes, Joint Public Hearing and Regular Meeting • La Porte Planning & Zoning Commission & La Porte City Council June 16, 1982, Page 2 Mayor Cline asked if anyone representing the petitioners was present. No one came forward. Mayor Cline asked if anyone was present who wished to speak in favor of the rezoning. No one came forward. Mayor Cline asked if anyone wished to speak in opposition to the rezoning. No one came forward. 1B. Mayor Cline stated this Joint Public Hearing had been called to hear a request to rezone from Residential to Industrial with limitations permitting only the uses now in existence at Fish Engineering, all of Outlot 366 and 5 acres of Outlot 374. Mayor Cline asked if a representative of Fish Engineering & Construction Company was present? Charles Black - 9926 Rocky Hollow - came forward to answer questions and state plans for expansion into the areas being considered. • Kathleen Keller - 411 South Utah - spoke in favor of the re- zoning, stating she owns property east of the Fish property, 5 acres out of Outlot 372, and she felt all the property should be rezoned to Industrial classification. Louis Kuehler - 942 Oak Meadows, Houston, Texas - stated he was in favor of rezoning this property if his property could be rezoned at the same time, otherwise he was opposed to the rezoning. Leon Maybin - Deer Park, Texas - spoke at length concerning his objections to the rezoning. Delbert Walker - 11438 North P - brought to the Council's at- tention several areas he felt should be considered in the request to rezone residential property to Industrial and stating his opposition to this request. Sharron McFatridge, Joyce Hood and Norma Hutchins all expressed their objection to the request by Fish Engineering to rezone Outlots 374 and 366. There being no further business to be brought before the Joint Public Hearing, Mayor Cline recessed the City Council while the Planning and Zoning Commission considered their recommendation to the City Council on the requests for rezoning they had just • heard. Time: 7:34 P.M. • u • Minutes, Joint Public Hearing and Regular Meeting La Porte Planning & Zoning Commission and La Porte City Council June 16, 1982, Page 3 2. The Regular Meeting of the La Porte City Council was called to order by Mayor Cline at 8:10 P.M. 3. A motion was made by Councilperson Skelton to approve and adopt the minutes of the June 2, 1982, Regular Meeting of the La Porte City Council. Second by Councilperson Pfeiffer. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 4. Council considered the recommendation of the Planning and Zoning Commission concerning the request to rezone 19.892 acres of the W. E. Stiles Trust. Chairperson Dr. Suhr read the following recommendation: The Planning and Zoning Commission has reviewed the following • facts concerning the rezoning of the 19.892 acres on West Main from Commercial to Light Industrial with a Special Use Permit for shipping repair and storage facilities. The request was made by the owners of First City National Bank & Trust Company of Tulsa, Trustee of the W. E. Stiles Trust, Lucy Bell Cobb and the First Bank and Trust of Bryan, Co. - Trustees of the Lucy Bell Cobb Trust, along with D. L. Dibbs, Sr., Ruth Stiles Oberg, and Emily Bess Cathey and Mr. Jerry Parish, the proposed tenant. The esoteric value of said property for the City of La Porte. The P & Z with its previous members has already strongly sug- gested that container yards, with the exception of the one existing one, be contained to the north side of Barbour's Cut Boulevard. The present Board firmly reaffirms that hope, and adds that container yards in that area be confined to the bare areas or at least leave a respectable green belt line to con- ceal the north of Barbour's Cut Blvd.. Other container yards on 146 have made such a paultry attempt to establish a green belt it is a degradation to the La Porte Council. Container yards generate little or no revenue for the City, nor does it make jobs which are sorely needed. Rezoning to allow container space in this area might well keep a more lucrative commercial establishment from joining our community. Such a commercial establishment would indeed need the adjacent rail lines which this project would cut off. The overpass built over Spencer Highway was built to lessen traffic congestion. It wasn't • built with this kind of traffic. It would increase the volume • • Minutes, Joint Public Hearing and Regular Meeting La Porte Planning and Zoning Commission and La Porte City Council June 16, 1982, Page 4 and perhaps structural destruction. Because of the afore- stated reasons, the Planning and Zoning Commission highly recommends the request to rezone the 19.892 acres of the ~~~. E. Stiles Trust and the Lucy Bell Cobb Trust on T9est Main be denied. It is our sincere desire that the Mayor and Council seriously consider our recommendations. A motion was made by Councilperson Pfeiffer to deny the request for rezoning of the 19.892 acres on West Main from Commercial to Light Industrial with a "Special Use Permit.' Second b Councilperson Graves. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None • 5. City Council considered the recommendation from Planning and Zoning concerning the rezoning of the North ? of Outlot 374 and all of Outlot 366 from Residential to Industrial by Fish Engineering & Construction Company. Dr. Suhr read the following recommendation: The Planning and Zoning Commission recommends the request to rezone 5 acres on the North z of Outlot 374 and all of 366 be denied due to its encroachment into residential property. A motion was made by Councilperson Graves to deny the request for rezoning of the North z of Outlot 374 and all of Outlot 366 from Residential to Industrial by Fish Engineering & Construction Company. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None • 6. Council considered a letter of recommendation received by Mayor Cline from the Civil Service Commission of La Porte (the letter is a part of the official minutes). A motion was made by Councilperson Graves to implement the recommendation of the City of La Porte Civil Service Commission and authorize the employment of four 4) additional police officers. Second by Councilperson Patuszak. • • Minutes, Joint Public Hearing and Regular Meeting La Porte Planning and Zoning Commission and La Porte City Council June 16, 1982, Page 5 Councilperson Skelton as the four police officers probably 60 to 90 days. person Skelton stated he the one officer who will on the evening shif t. ked how long it would take to put on the street. Chief Freeman stated With that thought in mind, Council- would like to go ahead with hiring be assigned to identification duties A motion was made by Councilperson Skelton to amend Council- person Graves' motion to include hiring a fifth police officer who will be assigned to identification duties on the evening shift. Second by Councilperson Gay. The motion Carrie 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None Mayor Cline then called for a vote on the original motion made by Councilperson Graves. The motion carried, 7 ayes and • 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 7. Assistant City Attorney Armstrong read: AN ORDINANCE EMPLOYING THE LAW FIRM OF SEARS AND BURNS TO REPRESENT THE CITY OF LA PORTE AS SPECIAL COUNSEL IN THE MATTER RELATING TO THE SANITARY SEWER REHABILITATION CONTRACT; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by Councilperson Skelton to approve and adopt Ordinance No. 1329 as read by the Assistant City Attorney. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 8. Assistant City Attorney Armstrong read: AN ORDINANCE CREATING THE POSITION OF DIRECTOR OF ADMINISTRATIVE SERVICES, AND DE- FINING THE DUTIES AND RESPONSIBILITIES THEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF • Motion was made by Councilperson Longley to approve and adopt Ordinance No. 1330 as read by the Assistant City Attorney. • • • Minutes, Joint Public Hearing and Regular Meeting La Porte Planning and Zoning Commission and La Porte City Council June 16, 1982, Page 6 Second by Councilperson Pfeiffer. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and P~ayor Cline Nays: None 9. Assistant City Attorney Armstrong read: A RESOLUTION AUTHOR- IZING THE CITY MANAGER TO MAKE APPLICATION FOR GRANT UNDER 95-500; TO SIGN THE ACCEPTANCE OF THE GRANT AND TO SIGN ANY OTHER NECESSARY DOCUMENTS A motion was made by Councilperson Graves to adopt and approve Resolution No. 82-9 as read. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None • 10. The City Council was informed that no bids were received on the demolition of dangerous buildings. A motion was made by Councilperson Gay to authorize July 2 as new date to receive bids for the demolition of dangerous buildings. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 11. Council considered the recommendation from Engineering con- cerning the oversizing of a water line being improved by La Porte Truck Wash, Inc. The line is approximately 1733 feet of 6 inch, and Engineering recommends oversizing the line to 8 inches. The approximate cost is $4,765.00, which includes materials, installation and the additional engineering fees. A motion was made by Councilperson Longley to authorize 4,765.00 + to oversize the 1733 feet of water line being improved by La Porte Truck Wash, Inc., in the Battleground Estate-Old La Porte Road area. The amount will be paid from the Water and Sewer Contingency Fund. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. • Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None ~ ~ Minutes, Joint Public Hearing and Regular Meeting La Porte Planning and Zoning Commission and La Porte City Council June 16, 1982, Page 7 12. Administrative Reports: City Manager Owen introduced Bob and Sylvia Herrera. Mr. Herrera will fill the newly created position of Director of Administrative Services. 13. Council welcomed Mr. Bob Herrera to the City. 14. There being no further business to be brought before the Council, the meeting was duly adjourned at 8:43 P.M. Respectfully submitted: .~ Betty ~~Taters City ecretary Passed & Approved this the 7th day of July, 1982 Virginia Cline, Mayor • .~ .~... ._.. ~. ~~..... ~. 4...r .. .... ~... ...mow... .. .. .~. ..~~ • 1'e1:~ rttary 17 , 19 ~2 _:rs. ;raters, anc? Ci~j Cou:lcil; I ara Jerre Parisll, anc. I o~~~*_1 !•4a:rine ~ In:'ustrial c'lc.aninc~, Inc., 111 i'F>>t _.1a111, in I~aPorte, ^e:~zs. I ~~m nurc:iasincr 1? . ~'~7 acres or lanZ ';norall as tract 12 .~elonginc~ to '~. '.~. ~ t•le~ ror a container re»air aiza storage .faci lit'. I aiu goi_lcu to raove !;?v o~eration~ contaill•ar ret~a.ir . anr~ storago Facilit~~ acros;~ t}1° strc:c~t tincl I [aoulc' like • to s.pply ror a ~~ernit to c:o t'.lis `)rojec't. I t.lt? Clt1' 1`3 ralOr„)1^ I [•/OU1{a r)llt c~ nrnen ?~e?lt around tlE3 ne[•T :~arilit~'. I~1 rlosill'~' my G'::15'twl71C! ~~rCllityr).rl~! ''.11111C'lil^', :1 n:?T.•7 ~lci'1i:, t'1.3 c.i 't`~ [•TOLl1C'.11 t t ~.)E? c~1C1!ri.lil!'; ...ly R~~!:;ltlO'_'1al : a..(G211t13.`i . 'nail;; you, Z C~~ J^rr-~ ^ ri s!z, nrasirlent :~~~.riil^ F, 217C1Ltstrial Cleaning';, Inc. i• MARINE A INDUSTRIAL CLEANING, INC. 1911 w. MAIN • P.O. BOX 1746 • LA PORTE, TX 77571 • (713) 470-1930 PAY TO TH ORDER OF Jcnnr r r.ni.ni l~b P. 0. BOX 1746 PH. 471-2999 LA PORTE, TEXAS 77571 j ~ ~ ~~ /] ~ ~ /1 ..1L ~ ~ -~G / ~~/-~ 7t-} (.(/l.u~~~ `~'~/ / DOLLARS BAYSHORE NATIONAL BANK .- ~w` „~~77 OF LA ~OA>f - LA PO RTE, TEXAS 77571 , FOB °~: 1 ~ 300 2 L86~: II' 3 15 6891 _ CITY OF L~1 PORTE MISCELLANEOUS RECEIPT • . , NO.: DATE ~- l r! 19 :~ % 1 !~ ~ RECEIVED FROM:'~__'!,,5.7~~? ~ 1/~~-r . THE SUM OF: i ~:_%'- ~ ~~J'%,-<` L~'?-r ~ S~ ~ ~'~" DOLLARS ~ ~' D FOR 1'il~~-,.:~"j'-~C -•-,!- . ,' /I n ..., _f . %/ v ~• ~ i a?3,,t ~/ .~~ ~ 7i ~ ~~~~ ~~ I _ ..- ~ 7C983 ~~ l; B Y: Luc .~--. Q ,.U6M[i Oe,iC[ ,U..IY L• .C„f tY ,,.,~ ~..~. , • CITY OF LA PORTE P. 0. Box 1115 La Porte, Texas 77571 February 23, 1982 Re: 19.892 acre tract of land described by metes and bounds on Exhibit "A" attached hereto Gentlemen: We, the undersigned, being all of the owners of the above described property, do hereby petition the City Council of the City of La Porte to re-zone said property, to a new classification, to-wit: "Light Industrial with Special Use Permit for shipping container storage and repair facilities." Thank you for your kind assistance in this matter. • Yours very truly, THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, TRUSTEE OF THE W. E. STILES TRUST -~ --~ ~` , ` =>, ~=; L~rce ~'E~s~ ~C~ // T~ LUCY BELL COBB AND FIRST BANK AND TRUST OF BRYAN, CO-TRUSTEES OF THE LUCY BELL COBB TRUST /_ ~.st ~%~~< ~ 7~'t ~ .t r-_---~ Trustee 0-~--pc~~J S~,UP.-T,c~. Trustoe • RUTf~ STILES OBERG w~ % , EMILY BESS'CATHEY /`T PtF"~TS AND BO'Jt`'DS L~;SCR IpTION • Being a 19.892 Acre tract of land out of the T. W. Lee Subdivision, as • recorded in Volume 67, at Page 1, of the Harris County Deed Records, irl the Richard Pearsall 1~3 League, A-625, La Porte, Harris County, Texas, as shoxn on the plat of a survey performed by H. Carlos Smith, Texas Registered Public Surveyor No. 1228, dated April 1, 1979. The said 19.892 Acre tract being a portion of Blocks 692, 693, 694, 695, 7~.Qr 711, 712, and 713, and - the streets and alleys bounded there in of the said T. W. Lee Subdivision, said portion of said Lee Subdivision having been cancelled, vacat°d, and abandonded by order of the Harris County Commissioners Court on April 8, 1935, and further being a portion of two tracts as described in deed from First National Bank. of i,'aco, Texas, to W. E. Stiles, et. al, as recorded in Volume 7606, at Fages 467 - 468 of the Harris County Deed Records, said • 19.892 Acre tract being more particularly described as follows: B~GI2vNING at a 5~8" iron rod set at the point of intersection of the West right-of-way line of the T. & N. 0. Pailroad, ba=ed on a 60 foot right-of may width, with the A'orth right-of -way line of 'nest I•iain Street as acquired by the City of La Porte recorded under Harris County Clerks File Numbers 124-07-1313, 124-07-1318, 124-07-1323 and 124-07-1328; Thence, West, along the North right-of -way line of 4,'est Main St. as acquired, a distance of 325.59 feet to a 5~8" iron rod set for a point of curve ; Thence, continuing along the North right-of-way line of West Main St. as acquired, following a curve to the left, said curve having a radius of 1191,91 feet and a delta angle of 9°14' S1" for a curve distance of 192.37 feet to a 5~8" iron rod set for a point of tangency; Thence, S 80° 45' 09" W, continuing along the North right-of -way line of West i•iain St. as acquired, a distance of 310.78 feet to a 5~8" iron rod set for corner= • Thence, S 88° 21' 48" W, continuing along the I~orth right-of-way line of West rSain St. as acquired, a distance of 418,83 feet to a 5~8" iuon~rod set in the East right-of-way line of North 23rd Street; Thence, IZorth, along the East right-of-way line of North 23rd Street, a distance of ?39.90 feet to a 5~8" iron rod set for corner; Thence, East, a distance of 1,242,53 feet to a 5~8" iron rod set in the tdest right-of--s;ay line of the T. & N. 0. Railroad; Thence, South, alorro the West right-of-way line of the =aid T. & rr, 0. Railroad, a distance of 662,50 feet to the POIIIT OF Br~GINi~7TG. '~E 0 F TFk H. Carlos Smith H. CARLOS Sh11TH. Texas Registered ~liblic Surveyor No. 1228 .a :. A 1228 0•.~ ~ ~..,. 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I .;Y , ` :'_~ ~ ~_~ AGENDA ITEP1 #3: Jerry Parish's ~ ~ t . 2 ~'~' -~ :~' { - 1 ~- ~ . ~ - ~•: ".- :- ~: request for Re-zoning 19.392 Ac. -= ~ ~}~ti;- '~~''~~ -.~~~• •''=`,`- ~• - ~ on W. P•1ain From Commercial to `' ~ •~Y•' ~~~- -~'`~-~ ~~~~.~;? ~. _L ~ _ j ~'~ " Light Industrial w/ Special Use +~ ` ~~3V~f=~~ n;~.;.`_~t_"~~3~ ~; {• ; , ~: :.:. Permit `~ ~ ~•z:~:=- ri~:;~ ::"`~" -~-~ • - ~.` '~ '~~• ~~t~>`_';r~c..1'~'_J ~a ~ri.''1 ~.Y •, ~~~~L ?`.~.nc'~j,- ~ti~,; ~„ t ~ . -': ~_r _' "~` -. ~~rY rTi- ~~-:"i-l-.iE.+. e.'4'•'.. '1 YwR~is ~~.~ r ~~k.l :i".4a ;~~,~~~~~~ K~e'r.:.-` - r_ - f'l r ,t: a.t s ''1`~L - - .'~ - ;~.'- i . .r`~(~ lr. .d.`!t ;l'~-•a u {'': Y~-.>'t[ ~ ~ ~" ~. I- ~cifJa'7[- ~ r c , i.. ~.-':;v~s-•~r.i~~^ ~ :T,'L ~~w =.~~ w~1ti_E iv_t~'.l.'L~,,, .=~•,•r ~'•:. a ~rt r; ~Y-.. w `~~ - • • MEMORANDUM May 7, 1982 T0: Mayor and City Council FROM: Planning and Zoning Commission i SUBJECT: Rezoning Request for 19.892 Acres on West Main Street On May 6, 1982, Planning and Zoning met to consider an application for rezoning a 19.892 acre tract on West Main from Commercial to Industrial with Special Use Permit to allow storage and repair of oceanic containers. Mr. Jerry Parish, prospective purchaser, presented the request and explained his plans for use of the property as a container yard. Subject property lies just south of the City's public works facility, and across West Main diagonally from property presently in use as a container facility. Planning and Zoning has endeavored to limit the placement of container yards to the immediateport area and the northeast quadrant of the City, with perhaps one other out-of-the-way area to be used if needed. We consider the • location of subject property inappropriate for use as a container yard, due to its close proximity to our downtown area. Our preliminary recommendation is that such request for rezoning be denied. We wish to call a joint public hearing to consider this request. Respectfully, Pat Muston, Chairman • PM/cb • • P. O. BOX 220 ;-~ 1241 UNDERWOOD ROAD ,~ DEER PARK, TEXAS 77536 ,i'~ (713) 471-5170 ~~ ~ } EeNCi1NEERINC ~ CONSTRUCTION, INC. x ~ ,_,,,,,. ~,~. May 7, 1982 City of La Porte P.O. Box 1115 La Porte, Texas 77571 Attn: Zoning and Planning Madam Chairman and Members: We wish to ammend our letter of April 19, 1982 requesting the Re-Zoning of Lot 374. Per your recommendation we respectfully request the Re-Zoning of Out Lot 366 and the North half of Lot 374. We appreciate the courtesy and consideration shown by all members at the Zoning and Planning Meeting of May 6, 1982 and look forward to working with you in the future. • Fish is proud to be a part of La Porte progress and growth. Legal description of property is as follows: Tract 2 Lot 366 and the North half of Lot 374 Thank you for your help. Respect ully, ~~ J. Carter Office Manager JEC:mb Encl: (1) • ~~ - +~ If ~-- -- • • I ~l ~J q i~ ~l~j". A(';i~ o DO ~ ~ i ~ ~ ~ O D c,~ ------ ------ --- - O~ O i I Oz G~ ~ w o, Z i ~° ~ ~c~ O~~ ~~ ~ --- - - ---. _I -----_-- __ UNDERV`JOOD--DRIVE--- -- ~ I - 484.80' I ~ I D n - ---- ~D ~f ~ ~ I ---- - - --------- ~' I i ; n ~ h1 ~ c-: - ~ I ~ __ in ~ _ ID - __ - --_ ---- --- ~ ~n ~ i~) i _ r A ~ n, W ~ ~] ~ ~J a ^f----- Dr~A'h'ING A-ool3 9C~4..:3L ()1 D c .~ ,z OD c~ -Z (,l r lA A ~ ~ 0 ~ S - J I ~ ~ ~ ~ ~ A i ~7 f i ~ r o A ~~ 1 ~ ~- ., ru ~ - ,~ ~~ ~ ~6~ __ _ -- _-- -- _-- -- --- - - - - ~ 4Ci4 . 3O' I _~___._ _-__, _'__-_ ro N N i OD ~ i ~~ I, t ~ . 1 ~ ~'I >V i j~ .~ ~~ II r7 ~ a Y i BI I~ .j ~~ ~ 1~ ~ V ',~ 1 i _-J ~~ - I it i ~_ g .~ r- f1 l -- +- &! g-i f ~; -i ~~ - ~~) ~~i- 0 ., ;~ i, T ~~_ . ~' = a ~ E, ~=1 ;E~ ~ ,. 1 ~ . i I ~ I ~ - S • ~ T' s- ~ ~1 -- t. - ~..... 1 1 ~ tii ~ _ _ .. -w 1 ` • y _ ~ •c '~~_< ~ \ ~~ 4 _ - ~. ~-.~' ~' . •,~ ` tay,, r \~ } 1 '~ ~ - :~- y C y 7 I ~" ~ ~ S u~'< <~ 1 \\ ? - - = z ; - - _ •.~ ice < 'ti - - (_ _ S ~ - .,~, ' --".;,: '. I - +~"..'-~a~'x- " `fi'r ~ .~ _ . ; . ~ • ~ -- - 1 " • ,~ u ~ ~="~~~ j -i '-~ ` < L Y S ~ `' - x{ ~,y~.~ ,r ALL L i.t~--= _ I -.~: .: #i ~,~~,~ .1 ''tom. .~ - }~:~.-_.. y `G.~~4.~ . Y t - t ~, iii ° Y, ~. _ - - '~ - .. ~ ..- r 1*'"' i '"` t~ ~~~,' . `C 1 r' 1 T ~F ~-..~ 3~.-~ L~ _ •k1•Zi w..E- ._r- ~.az+..~4-v+~~"T+.I.2'~ta,'iM~ . '~ r _ 1 7 I ~.` T •~370 ,'389` D87 388 ~ -ws}. 3615 384' Ys383 'i`362 'pC 381 ~ 36 - l L359 Y358 ~ ` 357 S38 5S 3S q ` - ~ .~ 4 :: _ -~ _ ~ J i; ;322.. 374• 375 373 3Z6 377 378 379 380 i 381 382 383 385 386 _ 3E ' - 384 ~410~~ •409~;~ ~4,4p8 40T 406 ~b 04 03- 4Q2_ _401 400 399 398 397 398 393 3S ~} tr ~ ~~~~ ~~ : '` • j.r ~ J ~ ~ 1411 ',; ~. ~' x.412 413 414 413 4 6 ~ ~ar 418 4t9 420 421 1 422 i 423 424 42S 428 4. ~'.f i. .i,~ ,) '~ '~' r ~ f.~ O Z 1 •, - "~` ` '"' -~ ---- AGE~dDA ITEJ~I #4: Fish Engineering ~'? ;:' !: - 49 448 447 448 - requesting the Re-zoninn Qf 439 438 43T 436 433 4' AIL' S• ~~~ ,~ , Y ~ :i~~, It Outlot 374 (PJorth P St.) (From '~- ~;; ,~ ; ~~,. Residential to Industrial) ~.~ ~ ,• ~ :' :.461 '' .462 463 454 48a 48 •O3 404 465 4aA ~ "so* ,~av_ 4ea 4a7 _ des as 4a4. 41-s 4e2 . 4e1 ^ ~1~ `11 „47 ~ ~~i. : 4TT 47a 473 C~ • May 7, 1982 MEMORANDUM TO: Mayor and City Council FROM: Planning and Zoning Commission SUBJECT: Rezoning Request, Outlot 374, Fish Engineering Planning and Zoning met on May 6, 1982, to consider a request from Fish Engineering to rezone Outlot 374 from Residential to Industrial. Representatives from Fish Engineering explained their need for expansion of their present facility on Underwood Road. Such expansion would entail storage of heavy equipment and fabrication. The southern portion of Outlot 374 is surrounded by residential use, and Planning and Zoning considers that rezoning as requested would be detrimental to the established residential pattern along North P Street. An alternative plan was suggested which would give Fish Engineering additional space for expansion without destroying the residential nature of P Street. The amended request is for rezoning of Outlot 366 and the north one-half of Outlot 374 from Residential to Industrial with limitations, • permitting only the uses now in existence at Fish Engineering. Planning and Zoning requests a public hearing to consider the amended petition. Our preliminary recommendation is to grant the rezoning request as amended. Respectfully, Pat Muston, Chairman • PM/cb ~~ Civi Service Commission KEITH TRAINER C Its/ of La Porte CHAIRMAN 604 W. Fairmont Parkway DON RANDALL P•O. Box 1115 VICE CHAIRMAN La Porte, Texas 77571 (713) 471 -5020 June 2, 1982 Mayor Virginia Cline City of LaPorte P. O. Box 1115 LaPorte, Texas 77571 Dear Mayor Cline; DEXTER JOYNER COMMISSIONER MARY DAVIS DIRECTOR CIVIL SERVICE On 21 May '82 the LaPorte Civil Service Commission convened in executive session to review and discuss current and future manpower requirements for the LaPorte Police Department. A11 commissioners were present and Chief Freeman was called to present evidence and information on this subject. Chief Freeman presented a report prepared by Mr. Robert F. Berard of the Texas Commission on Law Enforcement Officer Standards and Educa- tion to the Commission. I understand a copy of this report has been furnished to you and city council members. Based on police activities, their frequency, and time required to complete each occurence, TCLEOSE has recommended an increase of three to six police officers for the LaPorte Police Department. After a detailed review and indepth discussions on this report, the Civil Service Commission, in concert with Chief Freeman, respectfully request the City of LaPorte to authorize the employment of four (4) additional police officers. It is Chief Freeman's intention that these four officers would be assigned to patrol duties after training. The Civil Service Commission recommends the immediate employment of these four officers. In addition to-the above, the Civil Service Commission recommends the City of LaPorte authorize the employment of one (1) police officer effective 1 October '82. It is Chief Freeman's intention to assign this officer to identification duties on the evening shift. This police officer would support officers on patrol duty and would result in quicker turnaround time in getting officers back on their patrol shift. The Civil Service Commission feels our recommendations for additional manpower for the Police Department is fully justified based on the TCLEOSE `+ report and information supplied by Chief Freeman. The Civil Service Commission is greatly concerned about the decrease in the amount of time 7 • Mayor Cline (2) June 2, 1982 officers are spending on preliminary investigations of criminal activities as documented by the TCLEOSE report. The report states this may indicate inadequate handling and investigation of criminal activities. The Civil Service Commission believes the adoption of these recommendations will provide Chief Freeman with adequate manpower resources to be able to pur- sue criminal investigations and protect the citizens of LaPorte and their property. The Civil Service Commission also reviewed and discussed with Chief Freeman, his command and supervisory personnel. At this time we do not believe any changes, in terms of numbers or classifications, is required or needed. We would be pleased to discuss this with you at your convenience. Respectfully, ~' '~ ./ Keith1 R. Trainer Chairman LaPorte Civil Service Commission jer • cc: Chief Herb Freeman Jack Owen - City Manager • • La Porte Police Department Inter-Office Memorandum Date: June 8, 1982 To: Jack Owen, City Manager From: Herb Freeman Subject: New Patrol Positions ~~ We have researched the current budget to ascertain if funds would be available to hire four Patrol Officers at this time. Based on the average per month expenditures for the past eight (8) months of this budget year, there will be funds available to hire four (4) Police Officers at this time. We will have to make some interdepartmental trans- fers later in the budget year to cover areas of over-expenditures caused by the hiring of the new Police Officers. Lt. James LaFitte has verified his figures with Mrs. Dortha Gray and she agrees with his findings. Research presumed a June 1,1982 hiring date for these positions. Total expenditures for the remainder of this budget year would be slightly less than $40,000.00. This figure includes salaries, benefits, and necessary equipment (uniforms and radios). Your consideration in this matter will be greatly appreciated as the need for these additional men increases daily. Respe tfully; "~ `~ ~ `~. v Herb Freeman • ORDINANCE N0. AN ORDINANCE EMPLOYING THE LAW FIRM OF SEARS AND BURNS TO REPRESENT THE CITY OF LA PORTE AS SPECIAL COUNSEL IN MATTERS RELATING TO THE SANITARY SEWER REHABILITATION CONTRACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNSEL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the employment of the law firm of Sears and Burns, . Houston, Texas, to represent the City of La Porte as S ecial P Counsel in all matters and disputes arising out of the Sanitary Sewer Rehabilitation Contract. Section 2. The employment of Sears and Burns shall be according to the terms, conditions, and provisions of a letter from Will Sears, General Partner of Sears and Burns, dated June 1, 1982, which letter is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made ,a part hereof for all purposes. Section 3. The City Council of the City of La Porte hereby appropriates the sum of Thirteen Thousand Dollars ($13,000.00) from the Fund for the initial retainer fee and expense deposit, as provided for in said agreement. • Section 4. The Cit Council officiall fi - Y y nds, 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. • ~` • Ordinance No. ATTEST: PASSED AND APPROVED this the 16th day of June, 1982. CITY OF LA PORTE t • Page 2. By Virginia Cline, Mayor City Secretary APPROVED: ~~ ~~~~ City Attorney ~z ILL SEARS ROBERT L. BURNS CHARLES DIPPEL DAVID M, GLEASON MARTY D. PRICE J. MARK BREEDING CJ SEARS AND BURNS ATTORNEYS AT LAW SUITE 1111 TEN TEN LAMAR BUILDING HOUSTON, TEXAS 77002 June 1, 1982 Honorable Mayor and City Council of the City of La Porte c/o Mr. Knox W. Askins, City Attorney P. O. Box 1218 La Porte, Texas 77571 Re: City of La Porte; Sanitary Sewer Rehabilitation Contract -- Pending Disputes With Tinker Industries, Inc. Dear Knox: L~ TELEPHONE (713) 654-4434 In response to your letter of May 7, 1982, received May 11, 1982, and our subsequent conversation respecting same, we submit the following proposal. 1. Scope of the Representation. We understand the facts to be that: (a) The Texas Department of Water Resources acting for the United States Environmental Protection Agency, insisted that the captioned contract be let to the low bidder, Tinker Industries, Inc. (Tinker McKnight, President), although this corporation did not have bonding capacity. Jesse Loveless Construction Company intervened and sold bonding capacity to Tinker. The contract was actually issued to a joint venture composed of Tinker and JLC. (b) Work actually began in January, 1981, and, without recounting all details, was considered by City's Engineers to be performed in substandard and unavorl<manlike manner. After various attempts to inspect and bring the work up to par, the City was met by the contractor quitting the job about the 19th of August, 1981. All necessary notices to resume work, both to the contractor and to the engineer, have been issued without response, except offers to "negotiate". At your request, we met with you on September 18, 1981, to review the general situation. At that time, you advised this firm that EPA was insisting on a settlement, if possible, and it was necessary to try to comply with their wishes. About April 5, 1982, Mr. Robert L. Lipstet of Dunn, Stern, Lipstet, Singer and Hirsch, a Houston law firm, delivered a proposed Settlement Agreement in regard to the entire dispute. At your request, this firm reviewed this proposal and on April 13, 1982, gave certain verbal advice concerning it. Your letter of May 7, 1982, requests a formal contract proposal to defend the City in the pending district court action on a collateral matter arising out of this contract involving the factoring or attempted assignment of the March, 1981, accounts. The scope of the representation also includes defense of any anticipated future action by JLC and, finally, to represent the City on its action against the bonding co(npany for any loss over the amount of the bond, which the City incurs in fulfilling the contract. You have advised that the City is now taking steps to rebid the remaining work. In defining further the scope of this representation, we are enclosing a separate communication between attorneys for the same client which we request that you take up in executive session with the City Council. ~i T ~ 1 . Honorable Mayor and City Council of the City of La Porte Page Two June 1, 1982 s 2. Compensation for Services Rendered. This firm charges fees for legal services in accordance wrth the applicable factors set out and DR2-106, Rules of Disciplinary Conduct of the legal profession, a copy of which is attached. Factors (1), (4), and (7) will have chief weight in this case. Factor (2) is remote and Factor (3) is, generally, not ascertainable or inapplicable because few law firms engage in the practice of charging fixed amounts for particular services. Factor (5) does not appear to have any weight at this time. We have represented the City on one prior occasion several years ago, but the City is not a constant client within the scope of Factor (6). This is not a contingent fee proposal and therefore Factor (8) is inapplicable. Factor (1) involves the concept of chargeable time which has been defined by the State Bar of Texas as the amount of time which would be spent in the performance of the legal service by a lawyer who possesses neither more nor less than reasonable competence. The time actually spent by the lawyer may be more or less than or the same as chargeable time, since the concept takes into account the degree of experience and special expertise which one lawyer may possess aver another lawyer of average competence in a particular specialized field. The concept also involves billing the client proportionately less than the actual time involved if the firm does not specialize in a certain field. It is obvious that Factor (7) will be considered closely in connection with Factor (1). Charges at actual time rates for purposes of interim billing ranging from $180.00 per hour for partners ($200.00 after January 30, 1982), down to $65.00 per hour for newly licensed associates will be used. These rates will be adjusted depending on inflation, but the City will be given notice of any increase in the hourly rates if, as and when implemented. In the following paragraph, a fee retainer is discussed. When it is exhausted, billings will be issued for time expended at actual time rates only and chargeable time, if any, will be taken into account in any final billing. All fees and reimburseable cost and expenses payable to the firm are payable at the firm's offices in Houston, Harris County, Texas. 3. Retainer For Services. A retainer of $12,500.00 cash payable to "Sears and Burns" for services already perf orm ed and to be performed under this Agreement should be paid to us if and when this proposal is accepted. This retainer will remain the property of the firm irrespective of the outcome of the representation. 4. Costs and Expenses - Reimbursement. From time to tune, the firm will incur court costs and legal expenses on the client's behalf associated with the case. The City agrees to pay the firm at its offices in Houston, Harris County, Texas, all such costs and legal expenses made on the City's behalf. To defray initial expenses, the sum of $500 payable to "Sears and Burns Trust Account" should be forwarded with the separate retainer. This Trust Account will be maintained in a separate bank account from the firm's account and used solely to defray the described costs and expenses. Whenever the balance of the cost deposit drops below $100, we will request the City to replenish the Trust Account by an additional amount to build it up again. An accounting of this Trust Account will be furnished from time to time, and will be furnished upon the City's request at any tune. 5. Miscellaneous Matters. In many instances, we are able to furnish a "guesstimate" of the range in which a final fee may fall with the caution that the range is simply a guess and not a fixed estimate. Because of the numerous parties or potential parties to this dispute, it is not even feasible to furnish a guesstimate. It is obvious that a maximum or absolutely fixed fee cannot be set in advance of the representation unless the firm takes into account every possible difficulty -- possible, not just probable -- in quoting a figure. No lawyer can prophesy the course of any litigation and, particular, complex litigation. ~~ .. . , ~ i Honorable Mayor and City Council of the City of La Porte • Page Three June 1, 1982 However, a final fee will never be determined except upon consideration of all factors in their interlocking relationship. The same Disciplinary Rule requires that, after review of the facts, the final fee will be such that a lawyer of ordinary prudence will not be left with a definite and firm conviction t!~at the fee is unreasonable. This firm, as well as any other law firm, cannot and does not guarantee results, jVe only warrant and represent that we will apply our experience, learning and ability to the legal task at hand in accordance with the standard of competence of lawyers in the community. You are employing the firm of Sears and Burns, a general partnership of lawyers. Since no one member of the firm is committed to the handling of the representation, but the firm with all of its members and associates is committed, cve reserve the right to commit to the task at hand those members or associates we deem necessary for the accomplishment of the representation. SEARS AND BURNS jVill Sears, General Partner AGREED AND ACCEPTED by Authority of the City Council of the City of La Porte, acting under the provisions of Section 3.05 of the Charter of such City, this day of _ ___ , 1982: Knox W. Askins, City Attorney, City of La Porte ~~ 4 _• • I)t~ 2-IOG. Fees for I,~~~nl Scr~iccs. (n) ~~ 1~ttv~•rr shall not enter into an af;recment for, charge, or col- lect an illegal or clearly e.~cessive Ice. (B) ~1 fee is clear lv excessive ~~•hen, after a rcvie~~• of the facts, a 1a~~ver of ordinary prudence would lac left with a definite and firm conviction that the fee is in excess of a reasonnhle lee. Factors to Ex considered as (rides in determining the reascn- ahleness of a fee include the following: (1) The time and lalior required, the no~•elly and difficult~~ oI the qucstinns involveri, and the skill requisite to perform the legal service prol>crly. • (2) The likelihoor), if ai~l~arrnt In the client, Ihat the accept- ance of the particular employment ~~~ill preclude other em- ployment by the la~~•vcr. (3) The fee customarily charged in t}~e locality for similar legal services. • (~)) The amount in~•olved and the results oi~tained, (5) The tune limitations imposed by the client or by the cir- cun~sta nces. (6} The nature and length of the professional relationship with the client. (7) 'hhe experience, reputation, and aliility of the lawyer or la•.vti•ers pcrforminl; the ser~•ices. (8) ~~'hether the fee is fixed or contingent. (C) /1 la~~ycr shall not enter into an arrant;enrl~nt fnr, charf;c, or c•~~llect a contingent fee for representing a defendant in a crimi- nal case. SEARS nrv~ pURNS A T T O N N E Y S A 7 L A W SUITC 021, 2 NOU STON CENTER NOVSTON, TEXAg 77002 {C/ • • ORDIi 'VANCE N0. AN ORDINANCE CREATING THE POSITION OF DIRECTOR OF ADMINISTRATIVE SERVICES, AND DEFINING THE DUTIES AND RESPONSIBILITIES THEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby • creates the position of Director of Administrative Services. The Director of Administrative Services shall be appointed by the City Manager, and shall report to the City Manager, as other Directors. Section 2. As directed by the City Manager, the Director of Administrative Services shall have day-to-day responsibility for the departments and areas of personnel; general adminis- tration; accounting; municipal court clerk; tax office; pur- chasing; customer service; and such other duties and responsi- bilities as may be assigned to the Director of Administrative Services by the City Manager, from time to time. Section 3. The City Council officially finds, deter- mines, recites and declares that a sufficient written not' lce 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. • ~~ • Ordinance No. pa e 2, g • PASSED AND APPROVED this the 16th day of June, 1982. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: l~ , City Attorney • • ~~ • RESOLUTION NO. • A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAY.E APPLICATION FOR A GRANT UNDER PUBLIC LA~7 92-500; TO SIGN THE ACCEPTANCE OF THE GRANT, WHEN MADE; AND TO SIGN ANY OTHER NECESSARY DOCUP~iENTS RE(~UIRED TO COMPLETE THE PROJECT ON BEHALF OF THE CITY OF LA PORTE. WHEREAS, the City of La Porte, Texas, a municipal corpora- tion, deems it necessary and proper to apply for a federal grant under the Federal eater Pollution Control Act Amendments • of 1972, Public Law 92-500, and the rules and regulations pur- suant thereto: NO6~~, TrIEREFORE, BE IT RESOLVED by the City Council of the City of La Porte that B. Jack Owen, City Manager, or his successor, is hereby authorized and directed to make application for a grant under Public Law 92-500 and the rules and regulations pursuant thereto, and to sign the acceptance of the grant, when made, and any other necessary documents required to complete the project on behalf of the above named applicant. PASSED AND APPROVED, this 16th day of June, 1982. CITY OF LA PORTE i By- Virginia C ine, P~ayor ATTEST: City Secretary APPROVED: City Attorney • . ~ / • CITY OF LA PORTE INTER-OFFICE ORA,'~IDUM • To: _ Owen, City Planager DATE: 06-11-82 FROM: oerns, Engineering Dept. susJECT: Pa '~ipation in the Oversizing of a 6" to an 8" Line La ~^te Truck Wash, Inc. La Porte Truck Wash, Inc. is developing a tract off Old La Porte Road in Lomax. There is water service to the tract; however, La Porte Truck Wash is prepared to improve the line by extending approximately 1733 feet of 6" water main to serve their needs. It is recommended that the Council participate in the oversizing of a 6" to an 8" line. The approximate cost of the oversizing is $4,765.00 which includes materials, installation, and the additional engineering fee. I recommend that the funds be taken from the Water and Sewer Contingency Fund which has a balance of approximately $150,000.00. JJ/dsw cc: Betty Waters •