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HomeMy WebLinkAbout1988-02-08 Public Hearing, Citizens Participation Meeting, and Regular Meeting• • MINUTES OF THE PUBLIC HEARING, CITIZENS PARTICIPATION MEETING, AND REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 8, 1988 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Cites Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak (arrived at 6:38), Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of Cit}~,Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Police Chief Charles Smith, Finance Officer Jeff Litchfield, Director of Community Development Joel Albrecht, City Engineer Bob Speake, Chief Building Official/Zoning Administrator Ervin Griffith, Building Inspector Mark Lewis, CIP Manager Ross Cox, Director of Parks and Recreation Stan Sherwood, Assistant Director of Public Works Buddy Jacobs, Purchasing Manager Louis Rigby Others Present: State Representative Ed Watson; representatives present to accept proclamation for Black History Month; Joey Leslie, representing La Porte High School students; Phil Roter, Harte-Hanks Cable TV; William Glascow, Prime Cable TV; approximately 50 citizens 2. The invocation was given by City Attorney Askins. 3. The Mayor proclaimed the month of February as "Black History Month". 4. The Mayor called the public hearing to order to hear the request of St. Mary's Church for a special conditional use permit to allow construction of a new covered pavilion and parking facilities. Joel Albrecht reviewed the request for Council. He also stated that it is the recommendation of the Planning and Zoning Commission and City staff that the special • • Minutes, Public Hearings and Regular Meeting La Porte City Council February 8, 1988, Page 2 conditional use permit be granted, with the conditions that (1) adequate provisions be made for site drainage and (2) that the new parking area be screened from adjoining residences. There was no public input into the public hearing and the Mayor declared the public hearing closed. 5. The Mayor called the Citizens Participation Meeting for FY1988 Community Development Block Grant Proposals to order. The following persons presented requests: .T~y Nieuwenhuis, speaking on behalf of the Main Street Association: The Main Street Association proposes the following projects, prioritized in order of their preference: (1) funding of a Main Street Manager, (2) funding a Main Street Economic Revitalization Plan, (3) acquisition and rehabilitation of the old "Toogood's" building, and (~) sidewalk and curb replacement and wheelchair ramps on Main Street. Barbara Pederson, Director of the workshop program for Friends of the Handicapable: Supports revitalization of Main Street. Alan M. Craig, vocation rehabilitation counselor with the Texas Rehabilitation Commission: Works with Friends of the Handicapable, and supports revitalization of Main Street in order that Friends of the Handicapable have more facilities to enable their training. Diane Thomas: Supports Main Street Association's recommendations. Dodd Bruce: Member of the Friends of the Handicapable, supports Main Street Association's recommendations. Mary Samford, President of Friends of the Handicapable: Supports Main Street Association's recommendations. • Minutes, Public Hearings La Porte City Council February 8, 1988, Page 3 and Regular Meeting • James Olson, Association for the Development of the Mentally Disabled: Recommended that everyone visit the Friends of the Handicapable to see the fine work they do. Asked for support of the Main Street Association's recommendations. Robert Swanagan, La Porte Community Civic Club: Asked that Council consider further enlargement of the Jenny Riley Center and audio/visual equipment. J. J. Meza: Supports revitalization of Main Street. Representative Ed Watson: Offered assistance through his office for block grant for Main Street revitalization. There being no further input, the participation meeting was closed. 6. Council considered approving minutes of the regular meeting of Council held January 25, 1988• Motion was made b ~ Councilperson Skelton to annrove the minutes of Januark 25 as presented. Second by Councilperson Lloyd. The motion carried, 7 ayes, 0 nays, 1 abstain. (Councilperson Matuszak had not yet arrived.) Ayes: Councilpersons Waters, Lloyd, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Porter 7. Council considered approving minutes of the workshop and special called meeting of Council held February 1, 1988• Mot;on was made bx Counci~,person Waters to aR~rove the mim~teS of February ] as Dresented. Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays and 2 abstain. (Councilperson Matuszak had not yet arrived.) Ayes: Councilpersons Waters, Lloyd, Shipp, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilpersons Porter and Gay • • Minutes, Public Hearings and Regular Meeting La Porte City Council February 8, 1988, Page ~ 8. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address Council: A. Mike Cooper - Asked Council for a city-wide mailout regarding the Water Commission public hearing scheduled for February 23. The Mayor inquired of the City Manager if there were any plans for a mailout. Mr. Herrera stated that there were no plans to do so, but that La Porte State Bank would run the announcement on their marquee. The Mayor stated that the hearing will also be advertised in the Houston Post and the Houston Chronicle, as well as the Bayshore Sun. B. Mrs. Everlena Thornton addressed Council regarding the buildings on her property that had been declared dangerous and scheduled for demolition. She stated that she has been trying to rehabilitate the buildings and would like to be able to get back to it so that it could be finished by spring. Councilperson Gay explained that what Mrs. Thornton is asking is that Council reconsider the ordinance that was passed to demolish the buildings on her property. C. William Glascow and Phil Roter addressed Council regarding the transfer of the cable TV franchise from Kip-Lee CATV, Inc., to Prime Cable. D. Joey Leslie, representing students at La Porte High School, addressed Council to request the free use of Sylvan Beach Pavilion twice during each school year, in order to defray costs of holding the Valentine dance and the homecoming dance. 9. The preliminary design for Northwest Park was presented to Council. 10. Council considered an ordinance calling the regular annual election. C~ Minutes, Public Hearings La Porte City Council February 8, 1988, Page 5 and Regular Meeting The City Attorney read: ORDINANCE 1579 - AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR AN ABSENTEE BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A~ot~on was made by Councilper~Q Skelton to adopt Ordinance 1579 as read ~y the City Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance approving the transfer of cable TV franchise from Kip-Lee CATV, Inc., to Prime Cable of Fort Bend, L. P. The City Attorney read: ORDINANCE 1175-A - AN ORDINANCE GRANTING THE PRIOR CONSENT OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TO THE ASSIGNMENT BY KIP-LEE CATV, INC., DBA LA PORTE CABLE TELEVISION, A TEXAS CORPORATION, OF ITS FRANCHISE AGREEMENT WITH THE CITY OF LA PORTE, AS EXPRESSED IN CITY OF LA PORTE ORDINANCE N0. 1175, PASSED AND APPROVED ON FIRST READING ON NOVEMBER 28, 1979, AND ON FINAL READING ON JANUARY 9, 1980; APPROVING THE ASSIGNMENT OF SUCH FRANCHISE TO PRIME CABLE OF FORT BEND, L.P., A LIMITED PARTNERSHIP WHICH IS AN AFFILIATE OF PRIME CABLE; REQUIRING THE ASSIGNEE TO EXECUTE AND FILE WITH THE CITY SECRETARY OF THE CITY OF LA PORTE ITS ACCEPTANCE OF THE TERMS OF ORDINANCE N0. 1175, AND AGREEING TO COMPLY WITH ALL THE PROVISIONS THEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made ~ Counci~nerson Matuszak to ado t t e first reading of Ordinance 1175 A as read bX the C~tv Attorney. Second by Councilperson Lloyd. The motion Minutes, Public Hearings and Regular Meeting La Porte City Council February 8, 1988, Page 6 • carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None The City Manager stated that he will visit with representatives of Prime Cable on their audited financials before Council passes this ordinance on second reading. 12. Council considered a resolution opposing waste disposal in Texas by outside entities. The City Attorney read Resolution 88-4. Motion was made by Councilne son Waters to ap remove Resolution 88-4 as readbX the City Attorney. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered approving a special conditional use permit for St. Mary's Chureh. Motion was made by Councilperson Skelton to ap~rove_the special conditional_ use_~ermi_t_f~ St. Marv's Church. Second by Councilperson Shipp. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 1~4. Council considered awarding a contract for construction of entry road, parking lot, and utilities for La Porte's Bay Forest Golf Course. Motion was made by Councilperson Matuszak to award the znntract fir consir.ructinn ~f entry road,, parking lot, and i Minutes, Public Hearings La Porte City Council February 8, 1988, Page 7 and Regular Meeting • utilities for La Porte's Bay Forest Golf Course to Allgood Construction Company., using_cQncrete pavement, in the amount of $149 852.25. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered awarding a bid for a six-yard dump truck. Motion was made by Councilperson Lloyd to award the bid for a six yard dump truck to Kn~pb Chevrolet in the amount of $~a957. 0. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered awarding a bid for two police vehicles. Motion was made b}~ Council_person Clarke to award the bid for two police vehicles to Kna~t~ Chevr4~et and transfer X2198 from the Motor Pool Contingency fund to the Motor Pool Replacement fund. Second by Councilperson Porter. After discussion, motion was made l~..y Councilperson Skelton to table this item and rebid i_t. Second by Councilperson Lloyd. The motion carried, 7 ayes and 1 nay. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Waters, Lloyd, Matuszak, Shipp, Skelton, Clarke and Mayor Malone Nays: Councilperson Porter 17. Administrative Reports - The City Manager reminded Council of the Texas Water Commission Hearing on February 23, 1988, to be held at Sylvan Beach Convention Center at 7:00 P.M. This hearing regards siting criteria to be used for hazardous waste disposal sites. Minutes, Public Hearings and Regular Meeting La Porte City Council February 8, 1988, Page 8 Mr. Herrera also asked that Council consider finalizing, in the near future, an address for Sylvan Beach Convention Center. A test of the Whelen Warning System on February 13 was announced, and the publicity to make the public aware of the test were discussed. 18. Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp and Skelton brought items to Council's attention. 19. Council adjourned into executive session at 8:09 P.M. under Section 2(R) of V.A.T.S. Article 6252-17, Section 2, to receive a report from the City Manager on potential annexation of Bayshore Municipal Utility District. Council returned to the table at 9:29 P•M• 20. There being no further business to come before the Council, the meeting was duly adjourned at 9:30 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 22nd y of February, 1988 John Lloyd, Mayor Pro Tem • office off' ~~ie ~~~®~ `~+pE l~ Pp~/1 '. S ~9•., ; ~~ ti~,~yf~o.. Sy ti f' ~~ U N ': ~ ~.: per: B.2acf~ c,%tfze~vs have made ~~,gnt:b~.carLt can~u:.bu~i.o~ ~hnaughau~ the yeatvs ~.n ant, pak.%t,%c~s, .P.i~etca~une, the ~c,%ence~ and a~h.en g~,e.eds; and (UHBRBAS, the B2acFz yau~h a~ aun caun~r.y, a~ we~2 a~ c itizews o~ a.2e nace~s, need ~a be awcuce a~ ~he~se can~,i.bu~%aws ~a manFiind; and UIHBRBAS, ~s~udy a~ B.ea.cfz cu.?.tutce and h.us~any ~.n aun ~chaa.P..s and ~Gvcaugh .P,i,6ncvcy ~env~.cea, ~e~ev.c~~.an, new~spape~vs and ashen med~.a uz%~2 educate a~ peap~e ass ~a the tcich cu.P.tuna2 hen.itage a~ B.Eaclvs ~hnaugh- auk h.us~any. NOw, THBRF~ORB, I, NORMAN MALONB, MAyDR a~ the C.cty a~ La Pale, da hereby pnac,eccim the mawth a~ ~'ebnucvcy, 1988, a~ BLACK HISTORY MONTH ~,n the C,ct y a ~ La Pante, and ung e a~ 2 citiz ews a b a.P,2 ~cace~s ~a .i,n.c~ceaa e ~h.e.itc Fznaw.Ledge and appnec,%a~,i.an a~ the con~tri.bwti.avv~ made ~a the wo~red by B.2.a.eFz cc~i.zene ~hnaughou~ brts~any. IN ~VITNBSS GIHBRB, T have hetceun-to ~~ my hand and eaevsed the Seal a ~ the C,cty a ~ La Patcte ~a b e a~ b.c.x.ed hene~a, ~h.i~ the 8xh day a ~ Pebnucvcy, 1988. ` Nauman L. are, cyan • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 8, 1988 Requested By: Ervin J. Griffith Department: Comm Dev/Code Enf xxx Report Resolution xxx Ordinance Exhibits:1. Transmittal memo from P & Z Commission to City Council 2. Background report 3. Exhibits to be presented on overhead projector 4. Special Conditional Use Permit SUMMARY & RECOMMENDATION St. Mary's Catholic Church, located at 816 Park Street has applied for a Special Conditional Use Permit to allow construction of a new covered pavilion and parking facilities to be located on the same ground as the existing church. As this church is located in a R-1 Low Density Residential Zone, a Special Conditional Use Permit is required before the City may issue any building permits for the construction of new facilities. The Planning & Zoning Commission has already considered this request in public hearing and regular session. The Commission has recommended approval of this permit request subject to the following conditions: A. Provisions for adequate site drainage B. New parking area must be screened from adjoining residences. Action Required by Council: A. Hold Public Hearing to take citizens input regarding this request B. At the close of Public Hearing, vote to take one of the following actions: 1. Approval of this permit 2. Denial of this permit Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: _ YES - NO Approved for City Council Agenda ~w~ T- 2,.- 3 -~ ~ Robert T. Herrera DATE City Manager • INTER-OFFICE MEMORANDUM • To: Mayor Malone & City Council ' From: Doug Latimer, Chairman n ~ ~kJ~' Planning and Zoning Commission ~~ Subject: Special Conditional Use Permit Request by St. Mary's Catholic Church Date: January 26, 1988 The Planning & Zoning Commission considered the St. Mary's Catholic Church request for a Special Conditional Use Permit. The purpose of this request is to allow the church to build a new covered pavilion and an adjoining parking lot. After considering public input and Staff's report, the Commission voted unanimously to recommend approval of this request subject to the following conditions: A. Provisions must be made for adequate site drainage. B. The new parking lot must be screened from adjoining residences. • • December 4, 1987 Tyne of Request: Special Conditional Use Permit Application Person Making Request: St. Mary's Catholic Church Antoinette Boudreaux, Chruch Secretary/ Owners Representative tocat~on of Property 816 Park Street ~n Question: La Porte, Texas ~~ga~ Descri ion: Lots 1-18; 2~4-28; Blk. 33 Lots 2-18; 27-28; Blk. 3~ All of Block 36 Lots 6-28; Blk. 37; Beach Park Addition p~-PQPnt Zoning: R-1 Low Density Residential St. Mary's is an established Church located at 816 Park Street. (see exhibit A). Their intention is to build a new open air pavilion and the additional parking facilities required to accommodate an expansion of this type. Both the pavilion and parking will be located on the same site as the existing Church (see exhibit B). Analysis A special conditional use permit is required for this expansion due to St. Mary's being located within a Low Density (R-1) Residential Zone. • St. Mary's Church Page 2 LJ This special permitting procedure is required due to the potential degree of impact an establishment of this type can have on the neighborhood surrounding it. Section 5-800 designates certain requirements designed to minimize this impact. Item A of Section 5-800 requires churches located within R-1 zones to screen their parking facilities from surrounding residential uses. This requirement will affect the south and southwest wide of St. Mary's new parking lot (see exhibit B). The certified site plan (exhibit B) submitted by the church indicates that all other zoning requirements (i.e. parking, setback, lot coverage, etc.) have been met. Conclusion With the inclusion of required screening for their parking lot, St. Mary's Catholic Church will have successfully met all conditions that are prerequisite to granting a special conditional use permit. Approve application and recommend that City Council grant St. Mary's special conditional use permit for 816 Park. a ..Y,r s + ~ ~ ~k £y: - (/~ l/~_ • B I I V V ( /ArOOUtS CJT ~IVD. - v ,. '~ c t si. ~ ` ' .. J ~ W = _ ' ~ R ~ ~ ' u ° c = z ~ NA . UGC ~}~ R 2_ ~ ,,~ , R-I ~ a ,. ,us ~ ,~ ~~ ~~ ' ~~ '. ~ ~? ~ ~r .t; ~ ~:. 4 ~ ~~ - _ ~•~ ~ _ g '_ ~ • ~ t, s . V. 0 9T. j 1 -- ' V. C pT. ~ n i _ eat I - F ~ - - _ - - - ~1E< 1D • V. ~ 0 SL LA PORT --. fit' JR. MIOH ~, , n .: -~ ' = SCHOOL `'~ ~ ~ ~V. -E ~T. ~ LA PORTiE - ` ~ ,`~ . I ,~ ' ELEME ARY i ~P SCMOO ' T. ~ ~ I - , ~ t4•F. ~s ~ ? eT. 'sA 'Z, _ ~.. _ - - ~ - R 2 3 ~ ~`. . ~- ~~- ~A FORTE ;' s.. 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Q, shy,.: ' ~ ~ ..~ +1iE' ~ - :: h ~ . ~ ~ ir~t.' ILLJ. p.o0 ~ ~ . w ~~ y rosy` ; - ~. ~ t t~, ~ P'~ `#. ';i- '' wx'~1 : >t"#,-M~ ib.AS.; \ G•L.tR Y~Jtu9 C• > ~ : -- 4 ~ . k'a`; ~e s".4~ . k~ .:. ~ y~~a~„ F~~7.?n w'~ '`.: F ~ Ir~W. t0' RF.I. ~ .. • I a f ~~-l s +, r. , . -V 6 - `' ° ~ - ~ "~ ~ ,~,~.,~.. a ;x'> ,,,~ ' ~. ~ ~ ~ ~.. ~:. ~~<. N ~ °t• ti ~ ~ - ~, i:a _ 4 ~k t ~rea. b ~ rc~ e ~ - ar' . u a n ~ ~. .~ v N ~y~y ~ h : _N S~. ', ~ Wp I I.P N 12:46 _ Z-3l~ r 1 ~ ~y Z~l Z[~ 3Z.>• ~~ u--- ~ y r // ~~ - ~X~ i ~ j ~ Q GRANDVIEW c ed' eta a.o~a) AVENUE • CITY OF LA PORTS SPECIAL CONDITIONAL USE PERMIT Ordinance ~~1501 Permit No. CLP Job N0. 87-8208 This permit issued To: ST. MARY'S CATHOLIC CHURCH Owner or Agent __$16 PARK STREET Address For Development of: ST. MARY'S CATHOLIC CHURCH Development Name 6 PARK STREET Address Lots 1-18, 28-28; Blk ~~; All of Blk ~6 Lots 2-18, 27-28; Blk ~4; Lots 6-28; Blk ~7• Beach Park Addition Zoning: R-1 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contem- plated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions 1. Provisions for site drainage shall be approved by the City prior to issuance of a building permit for this project. 2. The parking to be built under this permit shall be screened from adjacent residences in accordance with Section 5-800 A of Ordinance No. 1501. Validation Date: Zoning Administrator City Secretary AMEND-g/'87 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 2/8/88 Requested By: _Joel H. Albrech Department: Community Deve- XXX Report Resolution Exhibits: Ordinance Notice of citizen participation meeting. SUMMARY & RECOMMENDATION Section 104 (a) of the Housing and Community Development act of 1974 was ammended by requiring a citizen participation plan which includes the following: (1) provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which section 106 funds are proposed to be used, and in the case of a grantee described in section 106(a), provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; (2) provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantees proposed use of funds, as required by regulations of the Secretary, and relating to the actual use of funds under this title; (3) provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; (4) provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program perform- ance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and (6) identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can reasonably be expected to participate. This meeting will be the first step in our submission for a grant of funds under the Community Development Block Grant Program. The staff will present our recommendation of projects for consider ation and priortizing by City Council. Action Required by Council: Hold a citizen participation meeting and gather information to be used as part of our request for Community Development Block Grant funds. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Approved for Citv Council Agenda Robert T. Herrera DATE City Manager C~ NOTICE OF CITIZE?dS PARTICIPATIOtl MEETIPIG To discuss and receive input on the City of La Porte's FY 1988 Community Development Block Grant Project Proposal(s). The meeting shall be held on Monday, February 8, 1988, at 6:00 p.m. in the City of La Porte Council Chambers, 604 West Fairmont Parkway, La Porte, Texas. MONDAY, FEB.8,1988 CITY OF LA PORTE INTER-OFFICE MEMORDANUM FEBRUARY 5, 1988 T0: Robert T. Herrera, City Ma r THRU: John Joerns, Asst. City M r FROM: Joel H. Albrecht, Director o Community SUBJECT: Citizen Participation Meeting Developm n One of the first requirements necessary to be fulfilled as the City of La Porte submits a request for FY 1988 Community Development Block Grant funds is the citizen's participation meeting where the information is gathered and discussed. Resulting from the data gathered a prioritized list of projects is made and finally a grant request is made. Staff has put together a list of projects for Council's consideration for submission as possible grant requests. The staff has prioritized our suggested projects as follows: 1. Construction of a new Special Population Organized Recreational Therapy (S.P.O.R.T.) Center for the handicapped. The building would aid in providing a handicapped accessible building to increase the percentage of handicapped population the City serves. The project includes construction of a 3000 foot building and a breeze way connecting the proposed facility to the Evelyn Kennedy Civic Center. 2. The purchase of a nineteen passenger van equipped with a hydraulic lift to accommodate the wheelchair bound persons. 3. Funding to provide the hiring of a consulting service whose main objective would be to provide the City of La Porte with a Main Street Economic Revitalization Plan. The plan would be a mini version of the La Porte Comprehensive Plan covering the existing physical and economic conditions and provide the City with a detailed plan for revitalization and redevelopment. 4. Funding to provide sidewalk and curb replacement and wheelchair ramps on Main Street between State Highway 146 and Broadway Street. This project would involve approximately 900 feet of curb replacement, 11,000 square feet of sidewalk replacement and 30 wheelchair ramps. ~ ~ Citizen Participation Meeting Feb. 5, 1988 Page 2 In staff's discussions with Harris County Community Development Action Agency we have been told that the average amount of funds granted per request this past year has been $250,000.00, but that this years' grants might be slightly lower. Staff would suggest that the first two priority items the S.P.O.R.T. Center and van be put together as one application request. Then a second request be submitted for the third priority item, development of a Main Street Economic Revitalization Plan. Please remember that this is an internal ranking of possible projects and that Council will likely hear additional requests at the Citizen Participation meeting on February 8, 1988• JHA/nb ~~~w NAME : ~ ~- a ~ t `2 l.t, UJ C~ ADDRESS ~^D {~os (,l~ , 'm Q.. ~ SUBJECT ON WHICH I WISH TO SPEAK: •~ ~~S r~, ~ ~~ ~ DATE: ~- ~-,QX 0 • • ~~ NAME: ADDRESS SUBJECT ON WHICH I WISH TO SPEAK: ~~~ DATE : 2 - ~ ` ~b ~ ~ -~3 NAME: _~~An~ /~') ~ C/zA/ G ADDRESS: 3~0~ ~A,eT~~ Rc/ SUBJECT ON WHICH I WISH TO SPEAK: (~oM.nu.u T DATE: 02- f~ ~' / / ~, - ~~~~ ~ ~~°~ ~~~~ e ~~ ~'~1 • • ~ ~ NAME: ~_) i C~./1 ~ !l~ C~~'~'t ~t `~` ADDRESS: _ o~ ~ ~ w ~ 1 ' ~ t%~.. ~ /1 SUBJECT ON WHICH I WISH TO SPEAK: `~~ D -Nl VVI to .a ~ T `~ ~ ~ ~ -Q. I C~ ~ NV1 'Q ~' l ~ (!~ C~ ~ ~ r ' ~ t ~~ ` , DATE : ~ -' • ~ ~k .~ NAME: I fZ ~ Od ~ ~' ADDRESS: __ ~~~7~--- ~~.~~~!~... `.~~~ . SUBJECT ON WHICH I WISH TO SPEAK: ~ ~~~ - w~~{ DATE: ti ~ ~, S Z- ~-~~ va. r.- ~~ci. c ~-~ • • ~~ .--- NAME : ~ ~ at' ~ir C~ G ~-. ADDRESS: `~~ ~ SdV~"`~I! ~t S ~~~'~:~~ ~BJECT ON WHICH I WISH TO SPEAK: ~/e S ~Pvi /' DATE : ~- ^ ~ ~ I~ • • ~~ NAME: ADDRESS: SUBJECT ON WHICH I WISH TO PEAK: DATE: ~~. `~ ~ .eve, P. ~ - 1©~ ~ ---r"'" ,, ~~ ~ P ~ ~'~ • • ~~ NAME: ADDRE; SUBJECT ON WHICH I WISH TO SPEAK~'1'~~`-T~' V DATE: ~ • #~ `'~ l r I' NAME: (I~1 5.~:.~' .~ ,Q r J'~ ~~ ,( `~ ADDRESS: 14~r~/I'kP~ l_--~/` SUBJECT ON LJHICH I WT_SH TO SPEAI{: DATE: f REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 2-8-88 Requested By: ROSS COX Department: CIP X Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Staff would like to present the preliminary design of Northwest Park to Council and highlight the program for this project. The engineering contract is being performed by Stiver Engineering, Inc, with architectural assistance by Osborn Vane Sundin Architects. The design builds on the master plan previously approved by Council. Action Required by Council: None Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 1988 Requested By: Knox Askins Department: Leal Report Resolution X Ordinance Exhibits: Ordinance 1579 SUMMARY & RECOMMENDATION The attached ordinance calls the regular annual election of the City of La Porte to elect a Mayor; a Councilperson, District 2; and a Councilperson, District 3. The election will be held on the 7th day of May, 1988. Action Required by Council: Adoption of Ordinance 1579 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • • ORDINANCE NO. 1579 AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION UFFICIP,LS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR AN ABSENTEE BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 7th day of May, 1988, such day being the first Saturday in May, 1988, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Mayor--for a 3 year term Councilperson--District 2, for a 3 year term Councilperson--District 3, for a 3 year term A run-off election, if necessary, shall be held on May 21, 1988, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct # 1 Polling Place: Lomax Elementary School 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE north to north boundary of Creekmont Subdivision; THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; ' • • Ordinance No. 1579, Page 2. THENCE southeasterly along the Southern Pacific railroad tracks, following a curve to the South, and continuing in a Southerly direction along the Southern Pacific railroad to Spencer Highway (West Main Street). Election Officials: Sara Armand Presiding Judge Jerrie Neumann Alternate Presiding Judge Election Precinct # 2 Polling Place: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas Boundaries: BEGINNING at the intersection of Willmont Street and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of San Jacinto College; THENCE north along the east boundary line of San Jacinto College to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of Creekmont Subdivision; THENCE east along the north boundary of Creekmont Subdivision to Big Island Slough; THENCE south along Big Island Slough to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to Willmont Drive; THENCE southerly along Willmont Drive to Fairmont Parkway. Election Officials: Inge Browder _, Presiding Judge Anita Drake , Alternate Presiding Judge Election Precinct # 3 Polling Place: Rizzuto Elementary School ~ 3201 Farrington Boulevard La Porte, Texas 77571 • Ordinance No. 1579. Page 3. Boundaries: BEGINNING at the intersection of the Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to Willmont Road; THENCE northerly along Willmont Road to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to Exxon Pipeline Easement; THENCE southerly along Exxon Pipeline Easement to Fairmont Parkway. Election Officials: .lane Craves , Presiding Judge Paula Rizzuto , Alternate Presiding Judge Election Precinct # 4 Polling Place: DeWalt Special Services Center Madison and North 6th Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad Tracks; THENCE south along North Broadway Street to West "A" Street; THENCE west along West "A" Street to the Southern Pacific Railroad Tracks; THENCE north along the Southern Pacific Railroad Tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street. Election Officials: Paulin_ _w;s , Presiding Judge Anna Humphrey , Alternate Presiding Judge Election Precinct # 5 Polling Place: La Porte Senior High School 301 E. Fairmont Parkway La Porte, Texas 77571 • Ordinance No. 1579 Page 4. Boundaries: BEGINNING at the intersection of Barbour's Cut Boulevard and North Broadway Street; THENCE south along Broadway Street to the south City Limit line; THENCE east along the south City Limit line to the shoreline of Galveston Bay; THENCE northerly along the shoreline of Galveston Bay to Donaldson Avenue; THENCE northwesterly along Donaldson Avenue to Barbour's Cut Boulevard; THENCE west along Barbour's Cut Boulevard to North Broadway. Election Officials: Sarah Odell , Presiding Judge Lorraine Miller , Alternate Presiding Judge Election Precinct # 6 Polling Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of West "A" Street and South Broadway; THENCE south along South Broadway Street to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad Tracks; THENCE north along the Southern Pacific Railroad Tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to Exxon Pipeline Easement; THENCE north along Exxon Pipeline Easement to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to Southern Pacific Railroad Tracks; THENCE south along Southern Pacific Railroad Tracks to West "A" Street; THENCE east along West "A" Street to South Broadway Street. Absentee Polling Place: La Porte City Hall 604 West Fairmont Parkway f La Porte, Texas 77571 • Ordinance No. Page 5. Election Officials: Delores Gonzales , Presiding Judge Theresa Sabin Alternate Presiding Judge An Absentee Ballot Board is hereby created to process Absentee Voting results for the election and the runoff election, if necessary. Charlotte Boudreaux is appointed Presiding Judge of the Absentee Ballot Board. At least two (2) other members of the Absentee Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Section 3. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. Section 4. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue until ten o'clock (10:00) A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Paula Rizzuto and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any • Ordinance No. 1579. Page 6. event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State holiday. Section 5. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Cherie Black is hereby appointed the Presiding Judge for said Central Counting Station. Said Judge shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Judge in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equpment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for • Ordinance No. 1579 , page 7. the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. Section 9. Each candidate for the office of Mayor or Council- person must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make applica- tion to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 23, 1988. No application shall be accepted for filing prior to February 22, 1988. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fee for each candidate for the office of Mayor is hereby established as One Hundred Dollars ($100.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place onthe ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall Ordinance No. 1579 , Page 8. immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffec- tive, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any .part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. The City Council officially finds, determines, 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. PASSED AND APPROVED this the 8th day of February, 1988. ~ r REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 1988 Requested By: Robert Herrera Department: Administration Report Resolution X Ordinance Exhibits: Letter from KIP-LEE CATV, Inc., vice-president Ordinance 1175-A SUMMARY & RECOMMENDATION Prime Cable of Fort Bend, L.P. is proposing to purchase the cable television system in the City of La Porte. In order for them to do so, the City of La Porte must pass an Ordinance approving the transfer of the City's franchise from KIP-Lee CATV, Inc., to Prime Cable. The enclosed Ordinance grants the approval of the franchise transfer. Action Required by Council: Adopt Ordinance 1175-A Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda Robert T. Herrera DATE City Manager ~~ • a •' Gary G. Weik President HARTS-HANKS CABLE, INC. January 28, 1988 City of La Porte P.O. Box 1115 La Porte, Texas 77571 Gentlemen: 2910 Pasadena Freeway Pasadena, Texas 77506 (713)477-9347 ~~ ~~ ~~~ 2~.~~ ~' Prime Cable of Fort Bend, L.P. ("Prime"), the proposed purchaser of the cable television system in the City of La Porte, has requested the inclusion of an additional resolution in connection with the financing of such purchase. Therefore, we are sending you a revised suggested form of resolution for adoption which adds a new section 4. This form replaces the suggested form of resolution sent to you by my letter of January 15, 1988. If you need additional information, please do not hesitate to contact me or Jerry Lindauer at Prime at (512) 476-7888. Sincerely, KIP-LEE CA~'V , By. a ,~ ~ i t ice President L-_-- - HEARD:3081 A IIARTE'IIANICS COMMUNICATIONS COMPANY ORDINANCE N0. 1175-A AN ORDINANCE GRANTING THE PRIOR CONSENT OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TO THE ASSIGNMENT BY KIP-LEE CATV, INC., DBA LA PORTE CABLE TELEVISION, A TEXAS CORPORATION, OF ITS FRANCHISE AGREEMENT WITH THE CITY OF LA PORTE, AS EXPRESSED IN CITY OF LA PORTE ORDINANCE N0. 1175, PASSED AND APPROVED ON FIRST READING ON NOVEMBER 28, 1979, AND ON FINAL READING ON JANUARY 9, 1980; APPROVING THE ASSIGNMENT OF SUCH FRANCHISE TO PRIME CABLE OF FORT BEND, L.P., A LIMITED PARTNERSHIP WHICH IS AN AFFILIATE OF PRIME CABLE; REQUIRING THE ASSIGNEE TO EXECUTE AND FILE WITH THE CITY SECRETARY OF THE CITY OF LA PORTE ITS ACCEPTANCE OF THE TERMS OF ORDINANCE N0. 1175, AND AGREEING TO COMPLY WITH ALL THE PROVISIONS THEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 hereto- fore, by Ordinance No. 1175, finally passed and approved on January 9, 1980, reference to which is here made for all purposes, granted to Kip-Lee CATV, Inc., dba La Porte Cable Television, a Texas corporation, its successors and assigns, the right, privilege, and franchise for a term of fifteen (15) years from the date thereof, to erect, maintain, and operate a community antenna television system in the City of La Porte, Texas, and providing the terms and provisions of such franchise agreement. Section 2. Kip-Lee CATV, Inc., which is a subsidiary of Harte Hanks Communications, Inc., a Delaware corporation, has notified the City of La porte of its proposed sale of its assets to Prime Cable of Fort Bend, L.P., a limited partnership, and has requested approval by the City Council of the City of La Porte, of the assignment of the franchise contained in City of La Porte Ordinance No. 1175, to Prime Cable of Fort Bend, L.P., a limited partnership. Section 3. The City Council of the City of La Porte hereby approves the purchase of the assets of Kip-Lee CATV, Inc., by Prime Cable of Fort Bend, L.P. This ordinance shall constitute formal approval by the City Council of the City of La Porte, under Section 30, "Assignment of Franchise", of said Ordinance No. 1175. Section 4. The City of La Porte hereby releases Harte Hanks Communications, Inc., from its guarantee relating to the performance of Kip-Lee CATV, Inc., under Ordinance No. 1175. • ORDINANCE N0. 1175-A, Page 2 Section 5. The City of La Porte hereby acknowledges and consents to the grant of a security interest in such assets by Prime Cable of Fort Bend, L.P.; provided however, that any assignment of the franchise caused by the exercise of rights granted pursuant to such security interest, shall be in compliance with Section 30 of Ordinance No. 1175. Section 6. This assignment shall be effective at such time as Prime Cable of Fort Bend, L.P., shall file with the City Secretary of the City of La Porte, a written statement in the following form signed in its name and in its behalf: "To the Honorable Mayor and City Council of the City of La Porte, Texas: "For itself, its successors and assigns, Prime Cable of Fort Bend, L.P., a Texas limited partnership, hereby accepts the attached ordinance, and also City of La Porte Ordinance No. 1175, and agrees to be bound by all of the terms, conditions, and provisions, of Ordinance No. 1175, and Ordinance 1175-A. PRIME CABLE OF FORT BEND, L.P., a Texas limited partnership By: General Partner "Dated this the day of February, 1988." Section 7. The City Council officially finds, determines, 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. Section 8. This Ordinance shall be in full force and effect from and after its passage and approval. ORDINANCE N0. 1175-A, Page 3 PASSED AND APPROVED, this the 8th day of February, 1988. CITY OF LA PORTE ATTEST: Cherie Black, City Secretary APPROVED: lit/ Knox W. Askins, ity Attorney BY Norman L. Malone, Mayor "To the Honorable Mayor and City Council of the City of La Porte, Texas: "For itself, its successors and assigns, Prime Cable of Fort Bend, L.P., a Texas limited partnership, hereby accepts the attached ordinance, and also City of La Porte Ordinance No. 1175, and agrees to be bound by all of the terms, conditions, and provisions, of Ordinance No. 1175, and Ordinance 1175-A. By: PRIME CABLE OF FORT BEND, L.P., a Texas limited partnership General Partner "Dated this the day of February, 1988." • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 1988 Requested By: R. Herrera Department: Report X Resolution Exhibits: Article from PUBLIC WORKS magazine Resolution 88-4 SUMMARY & RECOMMENDATION Ordinance Escalating shipments of out-of-state wastes are becoming a very real concern. Several states are seeking ways to limit these unwanted imports. Although the U.S. Supreme Court has ruled that refuse hauling is constitutionally protected interstate commerce, it is felt by many entities that a cap should be placed on the quantities of imported waste that may be accepted by private landfills. The attached Resolution reflects the City of La Porters wishes that State and Federal legislators limit the amount of waste that can be disposed of outside of an entity~s boundary limits. Action Required by Council: Approve Resolution 88-4 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Ap~pr'~o]vlSed for Citv Council Agenda t~ bert T. Herrera DATE City Manager Administration When You Put It That Way, They May Have a Point EVEN Essex County, New Jersey municipalities S intend to sue the county and the state for over $30 million for "unnecessary" disposal costs, accord- ing to the National Solid Wastes Management As- sociation. Disposal fees in Essex communities rose 305 percent in August 1987 when waste was shipped out of state. The municipalities contend that Essex County and the New Jersey State Department of Environmental Protection failed to plan adequately for the County's solid waste disposal. A spokesman for the group contends that the mu- nicipalities would not have had to incur the enor- mous costs if the county and state had met their obliga- tions for waste disposal detailed in the Solid Waste Management Act. This act bars individual munici- palities from seeking their own solutions, thus rely- ing on county and state planning, according to the spokesman. Some believe that this case will be the first of many by local officials upset by the high cost of waste disposal. Thumbs Down on Hazardous Waste Handler Inspections NDER the Resource Conservation and Recov- U ery Act (RCRA), EPA has established a regu- latory framework for controlling and managing the generation, transportation, treatment, storage, and disposal of hazardous waste. Waste handler inspec- tions are the primary means by which EPA and states authorized by EPA to administer the RCRA program assure themselves that regulatory re- quirements are being met. However, "State, EPA regional, and EPA con- tract inspectors are not detecting a substantial number of regulatory violations during inspections (of hazardous waste handlers) -many of which are considered by EPA to warrant immediate attention because of the severe environmental threats they pose." So states a report by the General Accounting Office (GAO) entitled "Hazardous Waste: Facility Inspections Are Not Thorough and Complete t GAO /RCED-88-20)," which was requested by the Chairman, Subcommittee on Transportation, Tourism, and Hazardous Materials, House Commit- tee on Energy and Commerce. It should come as no surprise that "A lack of in- spector training and limited experience were cited v as primary causes for inspection deficiencies by EPA headquarters inspection experts who witnessed and critiqued 26 RCRA inspections for GAO." The report continues: "Guidance for conducting RCRA inspec- tions is incomplete. In addition, EPA has not estab- lished specific qualification standards for RCRA in- spectors, which has resulted in an inspector corps with a variety of backgrounds." States Mull Barriers to Solid Waste Imports A LARMED by escalating shipments ofout-of-state wastes across their borders, officials in Pennsyl- vania, Ohio, Kentucky, and West Virginia are seek- ing ways to limit these unwanted imports and pre- serve landfill capacity for their own future use. The shipments cannot be totally prohibited - a U.S. Supreme Court decision has declared refuse hauling to be constitutionally protected interstate commerce -but steps are being taken to place caps on the quantities of imported waste that may be accepted by private landfills. These actions spell new worries for several New Jersey counties where landfill space has been exhausted and alternative disposal facilities are still in the planning stage. In the northeast corner of the state, Passaic County has shipped all refuse out-of- state since December 1, while Morris and Bergen counties expect such transfer operations to com- mencenext March. If other states succeed in limiting the tonnage of waste that can be transported across their borders, a troublesome situation will become even more precarious. AAA Study Links Drunk Driving with Beer Ads T HE AAA Foundation for Traffic Safety has re- leased astudy by university media communica- tion specialists that suggests TV beer commercials play a significant role in the over-involvement of males in drunk driving. The report, "Myths, Men and Beer: An Analysis of Beer Commercials on Broadcast Television, 1987," was made by a team of university researchers who call for review of public policies related to beer TV advertising because, they claim, beer is represented in TV commercials as an essential element in masculinity. Beer commercials, say the researchers, promote an association be- tweendrinking and driving. Copies of the report may be obtained by writing to the AAA Foundation for Traffic Safety, 2990 Telestar Court, Suite 100, Falls Church, Virginia 22042. PUBLIC WORKS for February, 1988 • RESOLUTION r?0. 88- 4 WHEREAS, waste disposal has become a major problem for many states and cities; and WHEREAS, recent attempts to dispose of waste from other entities has received much coverage from the television and news media; and taHEREAS, the State of Texas, and the City of Houston, in particular, have been chosen as a site to dispose of waste from an outside entity; and WHEREAS, the State of Texas is embarked on a campaign to beautify the State and to keep Texas clean; and WHEREAS, it is felt that the disposal of waste from outside entities will be detrimental to the health, safety and welfare of the State of Texas, the City of Houston, and surrounding areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUf4CIL OF THE CITY OF LA PORTE, TEXAS Section 1. That the City Council of the City of La Porte is opposed to any disposal of waste into Texas. Section 2. That the City Council of the City of La Porte strongly urges that State and Federal legislators limit the amount of waste that can be disposed of outside of an entity's boundary limits. Section 3. That the City Secretary is hereby instructed to send certified copies of this Resolution to State and Federal legislators in order that they be aware of the City's position on this issue. Section 4. This Resolution shall be in effect from and after its date of passage. PASSED AND APPROVED this the 8th day of February, 1988. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: L~ Knox Askins, City Attorney C • RE UEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 2/8/88 Requested By: Joel H. Albrech epartment: Community Deve. XXX Report esolution Ordinance Exhibits: Staff recommendation Exhibit A - Summary of Bids Received Exhibit B - Summary of Project Budget SUMMARY & RECOMMENDATION The City received seven (7) bids for the Golf Course entrance road and parking lot on January 28,1 988. The low base bid for asphalt paving, drainage and utilities was submitted by Farrmont Paving and Utilities, Inc, in the amount of $122,162.80. The low bid for concrete paving, drainage and utilities was submitted by Allgood Construction Company, Inc. in the amount of $136,704.25. The bidders also submitted bids on four (4) contingency items which are a construction access road, brush disposal, select fill and the replacement of a 24~~ concrete culvert pipe. These items are to be completed only by authorization of the Director of Commu Pk,,,,+~ Development if needed. With these items added in Fairmont remains low for asphalt pavement at $132,542.80 and Allgood remains low for concrete pavement at $149,852.25. Staff does recommend approval of the bid for concrete pavement submitted by Allgood Construction Company, Inc, in the total amount of $149,852.25. This amount does include funds for the contingency items that would be performed by the contractor only if authorized by the Director of Community Development. Staff recognizes the recommendation to Allgood Construction Co. for concrete pavement will exceed the budgeted amount for the parking lot, entrance road, utility extension and channel crossing, but we feel strongly that completing this project with concrete pavement will reduce the maintenance expense in future years. We are also aware that we will have to make reductions in other areas to stay within the total budget for the golf course. Action Required by Council: Award of bid. Availability of Funds: General Fund X~_ Capital Improvement Other Account Number: 005-800-800-500 [dater/Wastewater General Revenue Sharing Funds Available: -YES _ NO Approved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER-OFFICE MEMORANDUM FEBRUARY 2, 1988 • T0: Robert T. Herrera, City Manager THRU: John Joerns, Assistant City Manager FROM: Joel H. Albrecht, Director of Community Development SUBJECT: Golf Course Paving and Utilities City Project No. 87-4501 SUMMARY Seven sealed bids for "Golf Course Paving & Utilities" were opened and read in Council Chambers at 10:00 am, Thursday, January 28, 1988• The low bid for asphalt paving, drainage and utilities was $122,162.80 by Fairmont Paving & Utilities, Inc. The low bid for concrete paving, drainage and utilities was $136,704.25 by Allgood Construction Company, Inc. Each bidder also submitted bids for four contingency work items which would be authorized by the Director of Community Development only if needed. If these contingency work items are added to the bids, Fairmont remains low at $132,542.80 for asphalt pavement and Allgood remains low at $149,852.25 for concrete pavement. Staff had estimated corresponding totals of $142,620.00 and $173,719.00. RECOMMENDATION The staff recommends that the contract be awarded to Allgood Construction Company, Inc. in an amount of $149,852.25 for concrete pavement, drainage, utilities and including the following contingency work items: construction access road, brush disposal, select fill, and replacement of 24" concrete culvert pipe. The contingency work items are to be performed by the contractor only if specifically authorized by the Director of Community Development. EXHIBIT A SUMMARY OF BIDS RECEIVED Name of Contractor Base Bid ASPHALT PAVING, DRAINAGE ~ UTILITIES [City Engineer estimate] [124,289.00] 1. Fairmont Paving & Util. 122,162.80 2. Allgood Const. Co., Inc. 135,073.25 3. HUBCO, Inc. 136,653.00 4. McKey Const. & Equip.,Inc 134,607.60 5. Buffalo Excavating & Pvg. 158,924.40 6. Jaco Const., Inc. 161,327.00 7. Hatcher Const. Co., Inc. 198,778.00 CONCRETE PAVING, DRAINAGE & UTILITIES [City Engineer estimate] [157,099.00] 1. Allgood Const. Co., Inc. 136,704.25 2. Fairmont Paving & Utls. 172,136.00 3. McKey Const. & Equip. 168,955.86 4. Buffalo Excavating & Pvg. 178,818.40 5. Hatcher Const. Co., Inc. 175,546.00 6. Jaco Const., Inc. 188,281.20 7. Hubco, Inc. 198,029.00 • Contingency Work Items [16,620.00] 10,380.00 13,148.00 12,726.00 16,120.00 8,780.00 14,313.60 16,720.00 [16,620.00] 13,148.00 10,380.00 16,120.00 8,780.00 16,720.00 14,313.60 12,726.00 Adjusted Base Bid [140,909.00] 132,542.80 148,221.25 149,379.00 150,727.60 167,704.40 175,640.00 215,498.00 [173,719.00] 149,852.25 182,516.00 185,075.86 187,598.40 192,266.00 202,531.80 210,755.00 # Construction access road, brush removal, select fill, and replacement of 24" concrete culvert pipe. • EXHIBIT B SUMMARY OF PROJECT BUDGET Low Bids Proforma Engineer's Estimate Fairmont Allgood Budget (Asphalt) (Concrete) (Asphalt) (Concrete) Entrance Road 15,000 19,500 24,374 16,833 21,186 Parking lot 40,000 63,500 89,725 56,827 74,571 Channel Crossing -0- 6,000 6,000 9,800 4,948 Drainage 0 9,000 x,000 12,28 7.52 TOTALS 55,000 98,000 129,099 95,788 108,237 Water lines -0- 21,000 21,000 17,800 21,910 Sanitary sewe r 0 7,000 2,000 8,75 6.~ TOTALS -0- 28,000 28,000 26,375 28,467 TOTALS (BASE BID) 55,000 126,000 157,099 122,163 136,704 Construction Access Road -0- 8,400 8,400 3,360 5,600 Brush removal -0- 4,800 4,800 3,600 2,550 Select fill -0- 2,500 2,500 2,500 3,250 Replace 24" 920 920 1 748 RCP 0 920 . TOTALS 0 16,620 16,620 10,80 __1.148 GRAND TOTALS 55,000 142,620 173,719 133,003 149,852 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 1988 Requested By: Steve Gillett epartment: Public Works X Report Resolution Ordinance Exhibits: Memorandum from Purchasing Manager SUMMARY ~ RECOMMENDATION Sealed bids #224 for a six (6) yard dump truck were opened and read on February 1, 1988. The bid requests were mailed to eight (8) area dealers with two (2) returning the bid. Both dealers met specifications. This six yard dump truck is a replacement vehicle. There was $34,000 budgeted in the Motor Pool Fund for this vehicle. Recommend approval to purchase the six yard dump truck from Knapp Chevrolet, who was the lowest of the two bidders meeting specifications. Their bid was $33,957.00. Action Required by Council: Approve purchase of six yard dump truck from Knapp Chevrolet. Availability of Funds: General Fund Capital Improvement X Other Motor Pool Fund Account Number: Water/Wastewater General Revenue Sharing Funds Available: X YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • CITY OF LA PORTS INTEROFFICE MEMORANDUM FEBRUARY 2, 1988 To: Steve Gillett, Director of Public Works From: Louis Rigby, Purchasing Manage Subject: Sealed Bid #224 - Six Yard Dump Truck Advertised, sealed bids #224 for a six yard dump truck were opened and read on February 1, 1988. Bid requests were mailed to eight area dealers with the following two returning bids: 1)Knapp Chevrolet and 2)Bayou City Ford. Both dealers met basic specifications. Knapp Chevrolet bid a 1988 Chevrolet C70 at $33,957.00. Bayou City Ford bid a 1988 L8000 series at $37,096.00. Please submit your recommendation along with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid Tabulation SEALED BID ~~0224 Six Yard Dump Truck Knapp Bayou Chevrolet City Fnrrl 1. Truck Type C70 L8000 2. Total Price $33,957.00 $37,096.0 3. Delivery (in days) 120-150 120 i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: FEBRUARY 8 Requested By: CHARLES E. SMITH epartment: POLICE X Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION I am recommending that we accept the sealed bid ~~0222 package from Knapp Chevrolet on two (2) police sedans. Knapp was low bidder of the two bids returned. Their bid was $12,499.00 per car. Cost of two (2) vehicles, would be $24,998.00. This amount is $2,198.00 more than the budgeted amount of $22,800.00 in Motor Pool Replacement Fund. I am requesting $2,198.00 be transferred from Motor Pool Contingency, Budget ~~009 600 600 650, to Budget ~~ 009 502 502 852 Motor Pool Replacement Fund. Our other alternatives are (1) to reject all bids and rebid. After further discussion with automobile dealers, it was determined that this would not produce a reduction in bid price. (2). purchase vehicles through HGAC at $21,601.19 for Dodge Diplomats. These cars are not acceptable as police vehicles and delivery on these cars cannot be made before August. During this period of time we would have high mileage vehicles on the road consuming maintenance fees. Action Required by Council: Approval of extra funds from contingency fund and accept sealed bid #0222 by awarding bid to Knapp Chevrolet. Availability of Funds: ~_ General Fund Water/Wastewater Capital Improvement General Revenue Sharing ~_ Other (Motor Pool Replacement Fund) Account Number: 009 502 502 852 Funds Available: ~ YES _ NO A roved for Cit Council A enda ~.- ~'~`~ Robert T. Herrera DATE City Manager * ~ CITY OF LAPORTE INTER-OFFICE MEMORANDUM T0: Charles Smith, Chief of Police FROM• Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid X10222 - Police Four. Door Sedans DATE: January 26, 1988 Advertised sealed bids 110222 were opened and read in City Council chambers on January 25, 1988. Bid specifications were mailed to five area dealers with only two returning bids: 1) Chuck Miller Ford and 2) Knapp Chevrolet. Dealers were asked to submit bids on 2 police packaged, four door sedans. Both dealers met the basic specifications with low bid being submitted by Knapp Chevrolet of $24,998.00 for two vehicles. Chuck Miller Ford's bid was $27,960.86. Another option available to the City is purchasing through H.G.A.C.. Their low bid police packaged sedan is a Dodge Diplomat at $10,486.30. However, with the time frame we have for ordering, these vehicles are not scheduled for delivery until August. The only other alternative is to reject all bids and rebid. Please submit your recommendation along with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid Tabulation SEALED BID 410222 POLICE FOUR DOOR SEDAN 1 CHUCK KNAPP MILLER CHEVROLET FORD 1. Vehicle T e 1988 CROWN VICTORIA 1988 APRICE 2. Total Price Per Vehicle 13 980.0 12 499.0 1 De ~ 60 Da s 120 Da s 4. Wa an 12 Month/ 12 0 0 M 1es 12 Month/ 12 000 Mile . • • LA PORTE POLICE DEPARTMENT T0: Mr. Bob Herrera, City Manager FROM: Charles E. Smith, Chief of Police SUBJECT: Sealed Bid ~~0222 Two Police Sedans DATE: February 1, 1988 Sir. I am recommending that we accept the bid package from Knapp Chevrolet on two (2) police sedans. Knapp was low bidder of the two bids returned. Their bid was $12,499.00 per car. Cost of two (2) vehicles, would be $24,998.00. This amount is $2,198.00 more than the budgeted amount of $22,800.00 in Motor Pool Replacement Fund. I am requesting $2,188.00 be transferred from P~fotor Pool Contingency, Budget ~~ 009 600 600 650 to Budget ~~ OOg 502 502 852 Motor Pool Replacement Fund. Our other alternatives are (1) to reject all bids and rebid. After further discussion with automobile dealers, it was determined that this would not produce a reduction in bid price. (2). purchase vehicles through HGAC at $21,601.19 for Dodge Diplomats. These cars are not acceptable as police vehicles and delivery on these cars cannot be made before August. During this period of time we would have high mileage vehicles on the road consuming maintenance fees. ~ ~~ ~ Charles E. Smith Chief of Police • CITY OF LA FORTE INTER-OFFICE T~'~.F::P~IORAA~DUi`~i T0: Charles Smith, Chief of Police TiATE: February 4, 1988 FROA-°: Dick<: Root, Equipment Services Superinte SiJBJECT: l~]AII~TEI~A.I~1CE COST CON,PARISOP~1 As you requested, I have researched the vehicle maintenance cost of the Chevrolet police units versus the Plymouth police units. The attached chart indicates this comparison. The chart indicates an average labor hours per unit of 57 manhours for th.e Chevrolet and 80 manhours for the Plymouth. The average maintenance cost per unit is ~~3,873.00 for the Chevrolet vehicles and ~'S,700.00 for the Plymouth units. This translates to an average cost per rr;ile per unit of .~0.2~+ per rrile for the Chevrolet units and x'0.27 per m~.le for the Plymouth units. The Chevrolet units experienced a minor problem with the rear ends. 'T'his was. caused by the Positive Tra.etion feature causing a noise when turning corners. This has since been corrected. The Plymouth units have experienced serious front suspension problems causing vehicle instability at high speeds. This problem has been partially corrected by adding weights. The Plymouth units also had fuel system problems that have been corrected by placing the fuel pump inside the fuel tank. Availability of parts for the Plymouth units have also been a problem. Please contact me should you need further information. DR/lw xc: Buddy Jacobs, Assistant Public. t-4orks Director a_ttachr ent • 10-1-86 THRU 9-31-87 CHEVROLET: LABOR MODEL MILES MAINT.COST COST HOURS YEAR PER YEAR PER YEAR PER MILE PROBLEMS 32 80 7,082 $ 1,652. $.23 REAR ENDS 82 84 30,480 6,872. .22 (MINOR 79 84 23,314 6,925. .29 PROBLEM- 77 84 31,226 5,633. .18 HAS BEEN 42 86 11,413 2,072. .18 CORRECTED) 60 86 15,780 3,684. .23 34 86 14,816 2,186. .14 68 86 12,633 3,570. .28 60 84 12,768 3,746. .29 55 84 15,497 4,034. .26 73 89 9,532 4,558. .4? 27 86 9,526 1,543. .16 684 194,067 $46,475. $2.93 TOTAL 57 16,172 $ 3,873. $0.29 AVG PER UNIT PLYMOUTH: 128 83 17,087 $ 6,521. $ .38 FRONT 84 85 32,543 7,098. .22 SUSPENSION 70 85 24,628 4,712. .19 41 85 38,617 4,562. .12 FUEL 46 83 8,078 2,710. .39 SYSTEMS 88 83 18,951 5,436. .29 98 85 21,083 7,284. .35 PARTS 85 85 25,494 7,337. .29 AVAIL. 640 186,481 $45,660. $2.18 TOTAL 80 23,310 $ 5,700. $0.27 AVG PER UNIT 1