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HomeMy WebLinkAbout1989-05-22 Public Hearings and Regular Meeting• MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING LA PORTS CITY COUNCIL MAY 22, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: ,.Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Assistant Director of Public Works Buddy Jacobs, Director of Community Development Joel Albrecht, Finance Director Jeff Litchfield, Chief Building Inspector Ervin Griffith, Street Superintendent Orville Burgess, Solid Waste Superintendent Bill Fitzsimmons, Assistant Fire Chief John Dunham Others Present: Bob McLaughlin, newly elected Councilperson; Mrs. McLaughlin; John Black, Bayshore Sun; 50+ citizens 2. The invocation was given by Councilperson Cooper. 3. Council considered approving the minutes of the regular meeting of Council held May 8, 1989. Motion was made by Councilperson Shipp to approve the minutes of May 8 as presented. Second by Councilperson Waters. The motion carried, 9 ayes and O'nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. Council considered approving the minutes of the Special Called Meeting of Council held May 15, 1989. Motion was made by Councilperson Waters to approve the minutes ,, of May 15 as presented. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 5. Council canvassed the results of the runoff election held May 20, 1989. D. R. "Bob" McLaughlin was declared elected. Minutes, Public Hearings and Regular Meeting La Porte City Council May 22, 1989, Page 2 The City Attorney read: ORDINANCE 1648: AN ORDINANCE DECLARING THE RESULTS OF A RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON MAY 20, 1989, FOR THE ELECTION OF A COUNCILPERSON AT LARGE, POSITION A; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 1648 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 6. Mayor Malone called Bob McLaughlin to the Council table and gave him the Oath of Office. Councilperson McLaughlin then took his place at the Council table. Councilperson Porter stepped down from the Council table and addressed Council and the audience. He expressed his appreciation for being allowed to serve as a Councilperson, and has enjoyed his relationships with Council and staff. He urged citizens to support the Council. City Manager Bob Herrera then presented Mr. Porter with a gift from Council and Executive Staff. The City Secretary presented Councilperson McLaughlin with his Certificate of Election. 7. The Mayor proclaimed the week of June 5 through 10 as PBX/Telecommunicators Week and the week of May 21 through 27 as Public Works Week. 8. Mayor Malone called Public Hearing A, the final report and recommended permanent zoning for the area comprising the former Bayshore Municipal Utilitiy District, to order. Joel Albrecht, Director of Community Development, reviewed the proposed zoning and the zoning maps. The Mayor asked for public input and the following persons addressed Council. Jim Zoller, 907 Hackberry: In support of proposed zoning. Minutes, Public Hearings and Regular Meeting La Porte City Council May 22, 1989, Page 3 • Dr. Nelson Yoder, 515 South Shady Lane: Asking that his business property at 3903 Spur 501 (Old. Highway 146) be left with the commercial zoning designation as it is now designated. Gale Phillips, 3118 Founders Green (310 Pine Bluff): Representing her mother's estate; asks that same area as Dr. Yoder's property be designated commercial. Ben Ritchie, 435 South Shady Lane: Owns the property next to Dr. Yoder's, and agrees that his and Dr. Yoder's property should be zoned commercial. Bernard Legrand, 3115 Layne Court: Had question regarding industrial area and what it means. There being no further public input, the Mayor declared public hearing A closed. The Mayor opened public hearing B, regarding proposed annexation of a tract of land at the intersection of Fairmont Parkway and Bay Park Road. The City Attorney reviewed the metes and bounds of the area in question, and reviewed the service plan for the area. The Mayor asked for public input. The following persons addressed Council. Jo Davis, 626 Meadowlawn, representing Citizens for a Quality Environment: Is in favor of the annexation. Thanked Council for their strong support to annex the area and for their support in fighting HCS. Concerned about the small element of indecisiveness within the Council as to the direction it should take on the annexation issue. Charlie Young, 214 Reynolds: Directed comments to Councilperson Skelton. Councilperson Skelton raised a point of order - that comments directly to a Councilperson did not deal with the issue at hand, namely, the annexation public hearing. The Mayor inquired of Mr. Young if his remarks dealt with the issue at hand, and Mr. Young replied that they did. Mr. Young was allowed to continue. He pointed out to Mr. Skelton that his district had voted to oppose the incinerator site, but that he (Mr. Skelton) had either voted a negative • • Minutes, Public Hearings and Regular Meeting La Porte City Council May 22, 1989, Page 4 vote or had been unavailable to vote on the issues that came up involving the incinerator site or the annexation. Mr. Young inquired as to who Mr. Skelton was voting for, as it was evidently not the people in his district. Mr. Young then asked for Mr. Skelton's resignation, effective immediately, and asked that Council accept it. Jim Longnecker, 233 San Jacinto: Has been against the incinerator site from the beginning. Had asked for resolutions opposing the incinerator site from both the School Board and the Chamber of Commerce. When these resolutions were not forthcoming, he had resigned from the Chamber and has voted against the School Board members at election time who were on the Board when he asked them for the resolution. Appreciates the efforts of Council to oppose the incinerator. Bruce Coplen, representing Southern Ionics: Is opposed to the annexation, and has sent a letter stating such. Southern Ionics has been a good neighbor, has paid its taxes, and has an Industrial Agreement with the City. He posed the question of whether the proposed annexation violates the Texas Solid Wastewater Act and asked for the City's interpretation of that. Southern Ionics is concerned about their property. They have been here, tried to take care of the property, and tried to comply with the City. They've always wanted to do what was right, and asked the Council to "deal straight" with them. Paul Felgner, 10431 Collingswood: Represents the Fairmont Park Homeowners Association and they are in favor of the annexation. The Homeowners Association was one of the first ones to present a resolution to the Council opposing the incinerator. Urged Council to vote for the annexation. Paula Bridges, 813 River Creek: Commended the action of Council on the annexation. Reminded Council that this issue is not about money; it is about our most precious commodity, our children. We must do everything possible to insure that they have a healthy, safe life. There being no further public input, the Mayor declared public hearing B closed. 9. Nelson B. Yoder addressed Council regarding the commercial designation of property at 3903 Old Highway 146. His office is located at this address. He wishes the property to remain commercial in order to avoid having to get a variance from the City if it needed to be replaced or repaired for any reason. Minutes, Public Hearings La Porte City Council May 22, 1989, Page 5 and Regular Meeting • Ms. Jan Stevenson, 230 Dwire Drive, addressed Council regarding her mobile home park. She presented a brief history of the problems she has had with the City since she has been a part of the City, and the citations she has received. She stated that she intends to do whatever is necessary to protect her property rights and the investment she has made. 10. Council considered an ordinance adopting permanent zoning for former BayMUD area. Motion was made by Councilperson Waters to table this item until the meeting of June 12. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance approving concession services agreement for services at Little Cedar Bayou Park Complex. Motion was made by Councilperson Shipp to approve a concession services agreement with Concession Management Services for a term of three years with a one year extension option. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered awarding a bid for closed circuit TV system. Motion was made by Councilperson Gay to award the bid for a closed circuit TV system to Cues, Inc., in the amount of 22 900. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered authorizing funds for lease of a copy machine for Public Works. ~ ~ Minutes, Public Hearings and Regular Meeting La Porte City Council May 22, 1989, Page 6 Motion was made by Councilperson Gay to authorize funds for the lease of a cogv machine for Public Works. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered awarding a bid for maintenance of traffic control systems. Motion was made by Councilperson Waters to award the bid for maintenance of traffic control systems to Southwest Signal Supply. Second by Councilperson Shipp. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Administrative Reports: The City Manager brought to Council's attention that the La Porte Visions '89 town meeting would be held May 23 at Sylvan Beach Pavilion, from 5:00 to 8:30 P.M. He informed Council that the Fire Code Review Committee needs to be activated, and asked Council to let him know their wishes on the subject. He reminded Council that the next public hearing for the annexation will be on Tuesday, May 30, since the Monday is a holiday. 16. Council Action: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 17. There being no further business to come before the Council, the meeting was duly adjourned at 7:58 P.M. Respectfully ubmitted: C ~~~~~ Cherie Black, City Secretary Passed and Approved this the 12t day of June, 19 ~-. N rman~L. Malo , Mayor • ~ ORDINANCE N0. 1648 AN ORDINANCE DECLARING THE RESULTS OF A RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON MAY 20, 1989, FOR THE ELECTION OF A COUNCIL- PERSON AT LARGE, POSITION A; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 20th day of May, 1989, a runoff election for the purpose of electing a Councilperson at Large -- Position A; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said runoff election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON AT LARGE -- POSITION A Gladys Roth D.R. "Bob" McLaughlin as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY~THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named person, to-wit: COUNCILPERSON AT LARGE -- POSITION A Section 2. 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 Ordinance No. 1648, page 2 Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof . Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of May, 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: ~~~~va/~ L~(/• Knox W. Askins City Attorney Office of the Mayor r ~~ ,~p~~~,~ : Pub.2,i,c wonh~s ~env~.ces pnov~.ded ~,n aun cammun.ity ane an ~.n~egncc~ pant a ~ aun c,%ti.zerr~' evenyday .?,i.ve~; and fUHEREAS, the ~uppant ab an underus~and~.ng and ~.nba~cmed atti,ze~vcy .c~ v~,~'a,2 ~a the eb~~,ci.en~ openati.an o~ pub.e,%c wonh~s ~y~5~em~s and pnagnam~ ouch ab wa~e~c, aewetus, d~tceet~5, ~a.P.i,d wa~~e ca.~ea#.t.on; and WHEREAS, the health, ~sa~e~y and cam~ont a~ ~ cammun,%ty gnea~L'y depends an ~h~s e ~aai,P.itie~ and ~ env~.ce~; and WHEREAS, ~h.e qua,2ity and e~~ecti,vene.~a a~ ~he~se ~a~i,Zi t,Le~, ass we,~,e ass ~h.e.vc p2.ann~,ng, de~~,gn and can~~cucti.an, .us vctaP,2y dependent upan ~h e eb ~an~ and ~ Fziee a ~ pub.P.i.c wonFz~ o b bi.ci.a.P~; and WHEREAS, the eb~~,ci.ency a~ ~h.e quax,%~~.ed and ded~.ca~ed pe~anne.2 wha ~~a.~b pub.~i.c wanks depantmen~s .vs ma~enca,~y ~.n~.~uenced b.y ~.he peap.2e'~ citti.~u.de and unde~xa.nd~.ng a~ ~h.e ,c.mpantance a~ the wanfz ,hey pen{~anm. NOW, THEREFORE, I, NORMAN MALONE, MAYOR a~ the C.cty ab La Pante, da hesceby prcac2ai,m May 2l ~lvcaugh 27, ]9~9, ass NATIONAL PUBLIC WORKS WEEK ~.n the C.%ty a~ La Pante, and ca,?.~ upan a~2 citi.zerus and c,%v.i.c ongavu:za- ~,iaws ~a acqua~.nt ~h.em~se,~ve~s with ~h.e pnab.~em~s ~.nvo.~ved ~.n pnav~.d~.ng aun pub.?.i.c wajch~s and ~o necagvi.i.ze the can~u.bu~,%arvs wh,i.ch pub.P~i.c wa~cfu a ~b~:c,%a.P..s maize event' day ~a aun hea.~th., .aa~e~y and cambant. IN WITNESS WHEREOF, 1 have he~ceunta ~se~ my hand and caused ~h.e Seal a~ ~h.e C.cty a~ La Pante ~a be abb~.xed hene~a, the 22nd day a~ May, 199. C I1"y O F LA PORT_E Office of the Mayor .. x ~~ ~p~p~j,~ ; PBX/Te.~ecammun~.caton~s a ~ Texas ~.~ a nanpna~-ct, ph-i,2an~h.nap~.c angan.iza~,i,an with membe~h~.p apen ~o ~e.2ecammuwi,cata~ wha avvswen ~e.2ephane~s at any dvicectany .P.i~sted bua.ine~s~s numbers; and WHEREAS, the abject%ve~s a~ PBX/Te.~ecammun~.cato~vs arse to meet and di~scu~sb pnab.~em~s ne~cc~;i.ng to ~eeecommun~,cata~us; ~o bpon~son ph.ie.an~hn.ap~.c pna1ec~is fan the bene~.ct a~ human.ity; and ~a pnomate goad w.c.P.~ among teeecammun~.cata~vs, emp~aye~us and ~e.~ephane campavu:e~s; and WHEREAS, each years a weep. ,cs ~se~~ a~~.de ~.n the 50 ~state~s, Canada and Mex~,ca ~a necagn,%ze the au~istand~.ng wank ab PBX/Te,~ecammun~.cata~us; and WHEREAS, -it ~ most ~.ctt,%ng and appnop~rc.ate ~a commend PBX/Te.~ecammuni.ca taws fan ~h.e ou~~and~.ng ~s env~.ce ~h.ey have nendened to the pub.P.%c aver the years; NOW, THEREFORE, I, NORMAN MALUNE, MAyUR a~ the C.cty ab La Pante, da hereby pnae.P.a,i,m June 5 through June 10, 1989, ass PBX/TELECUMMUNICATURS WEEK ~.n the C~cty ab La Patrte, and ca.~2 upon a.2e citi.zen4 and ci,v-%c angan~.zat~.av~s to necagvu:ze the contn~.but~.anis wh~.ch the PBX/Te.~ecommun,%cata~cs pnav~.de. TN WITNESS WHEREOF, I have hereunto set my hand and cawsed the Sea,Z a ~ the C.cty a ~ La Pante to be abb~,xed hereto, th.i~s the 22nd day a~ May, 1989. CI7y OF LA PURTE • • Dr. and Mrs. Nelson J. Yoder 515 South Shady Lane La Porte, Texas 77571 La Porte Planning and Zoning Commission La Porte, Texas 77571 Dear Sirs, It has come to my attention that the Planning and Zoning Commission has conducted a public meeting on April 27, 1989, in which my business property at 3903 Spur 501 (Old Hwy 146) is proposed to be zoned as residential. We are citing our opposition to this residential zoning proposal. This property has been designated commercial since 1950, by Mr. S. D. Donahoe and is recorded as such in Volume 2227, page 323, of the Deed Records of Harris County, Texas. I purchased this property in 1955, from S. D. Donahoe as commercial property, and it has been in use as such since 1962. I therefore petition the La Porte City Council to continue the commercial designation for this property. To change the commercial designation of this property at this time would destroy its commercial value for which it was originally purchased in 1955. Furthermore, this property is at the end of Old Highway 146, adjacent to the Bayport Ship Channel, and .has very limited value as residential property because of its proxmity to the industrial activity already present. For these reasons we request that the commercial zoning designation for this property remain unchanged, and as commercial in nature. Sincerely, ~~. Nelson J. Yoder, M. D. :] ...~-ti NAME: ~ l M ~DLG ~~ ADDRESS: °1.0 ~ ~ ~~ ,~ ~ SUBJECT ON WHICH I WISH TO SPEAK: _ ~ ~ NAME: ADDRESS : ~~ S~ S ~ ~OJ tYO~~-i ~~! ~(.r ~- SUBJECT ON WHICH I WISH TO SPEAK: ~ Ca ~ ~ ~ ~s do e. ~ ~~ ~ ~ ire ~ etJ'e ~~l ~d r- c~ ems` ~ ~ ~~~ DATE : ~ ~ .Z- -' ~~7 • • NAME: IV.~lSON I~7. l Pd.~'' ADDRESS: ID/D „S, 5~,~ Y;~- ,~'~~~t~- SUBJECT ON WHICH I WISH TO SPEAK: ,L'~+M~r~ ~- 4 t , ~_ Ir ~ 0 ~,~~~~ ~,~~~ ~~~j DATE: • • NAME : ~' ' '~ ~ ADDRESS: -~ - /~ SUBJECT ON WHICH I WISH TO SPE ~. DATE : ~ - y~2- ---- ~%"_~ City Council - Public Hearing BayMUD Rezoning TYPE OF MEETING May 22, 1989 MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEAP.I~`;G AND I AM IN FAVOR OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. SIGNATURE QYes{ . 8/~7 co ~ou'~ HOME ADDRESS • • City Council - Public Hearing BayMUD Rezoning TYPE OF MEETING May 22, 1989 MEETING SCHEDULED FOR I HAVE RECEIVED NOTI OF TIIE ABO`JE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. / ~~ SIGNATURE 33 ~ ~,~~r~- ~~~}c~l HOME ADDRESS 1~D2~~..~1-.~ ~ C7~ ~j S ~---~ • City Council - Public Hearing BayMUD Rezoning TYPE OF MEETING May 22, 1989 MEETING SCHEDULED FOR Y1 I r! ~, u ~ ~ ~ L ~L,~ ~ ` 1 n ~~ ~ ~ l y`, ~ - ~ ~- d hsz I HAVE RECEIVED NOTI CE OF THE ABOVE REF ERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. ~•.Q, ~~ Q r~. S.Q. ~ ~~ ~ ~ s~~n e~ s s ~ ~ ~ ~ v.. ~-I~ ~ S ~~ld ~ ~; ~ --~- I.~,~ risk -~~,Q., 1 o s S o ~s s ~.~`~ .~~ s~ n mss ~- ~ ~ ~ a,r.. 1e-1 ra~-~ ~ .~©~G,. ~ ~- ~ o i ~ ~~i l ~ ~~- S IGNATURE ~ ~O ~ 12 ~~ l7 ~ ~'7 r HOME AIDDRESI S Q, ~ (n c~J e. c~ ~ (' a~w•a t vim. -~ 5 ~ - ~ _- ~ ~ ~ ~ ~ ~.~.._ emu, G~-r.,~ c ~. t ``~ - f -~. ~P S ~o ~ S t ~ t~ 1 (~ _ V • City Council - Public Hearing BayMUD Rezoning TYPE OF MEETING May 22, 1989 MEETING SCHEDULED FOR I H_~VE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBL,IC/HEARING AND I AM IN FAVOR OF OR I AP4 !/ IN __----- OPPOSITION OF GRANTING PHIS REQUEST FOR THE FOLLOWING REASONS. ~ ~~.~- w~ ~~. ~aPo.~ /~,6 ~J~ ~ S TURE s ~ ~~. HOME ADDRESS ~~ ~7~ -a.z s-9 1~ Dr. and Mrs. Nelson J. Yoder 515 South Shady Lane La Porte, Texas 77571 May 12, 1989 La Porte City Council La Porte, Texas 77571 Dear Sirs, It has come to my attention that the Planning and Zoning Commission has conducted a public meeting on April 27, 1989, in which my business property at 3903 Spur 501 (Old Hwy 146) is proposed to be zoned as residential. We are citing our opposition to this residential zoning proposal. This property has been designated commercial since 1950, by Mr. S. D. Donahoe and is recorded as such in Volume 2227, page 323, of the Deed Records of Harris County, Texas. I purchased this property in 1955, from S. D. Donahoe as commercial property, and it has been in use as such since 1962. I therefore petition the La Porte City Council to continue the commercial designation for this property. To change the commercial designation of this property at this time would destroy its commercial value for which it was originally purchased in 1955. Furthermore, this property is at the end of Old Highway 146, adjacent to the Bayport Ship Channel, and has very limited value as residential property because of its proxmity to the industrial activity already present. For these reasons we request that the commercial zoning designation for this property remain unchanged, and as commercial in nature. Sincerely, G~~A a Nelson J. Yoder, M. D. _ a JObN T. SURLES~~I LAID SURVEYING C®. ' ~~~~ HAROLD JA - ~ 4900 r.,. :~ ~~ ,~a- ~~ TITLE SURVEY ~ G•F ~ ~ ~~~2 -E Scaa le /`• so' /, John T. Burleson, Repisler,~d f3~b/ic S+a-~eyor, do certify that /bout • OF g F thls dol1~, mode o careful and ocovrot® survey on IAe ground of • ~ ~~• • ~ fi ~ property /OCOItd of SL~~j- La n o ~ .~,/~//- /Q6 ~• s ~ 9 ~ ` ~ ~~ T E~~t~g~ • ,4nd described os fo/%ws~ ~o ~ ~ ~J Qi r O~ ~V¢~SOq YO~ocI ~ ••;• •••••r - - S/~/1 D Y ~ ~ ~S - 1 ~/. P r ,lQ ~~P/S SU~VC r 5 C ~ ~~ °. S~R~~~:~. C ou Axording to the S~.bdiv.s.c„ lot retold®d •in Vo/. ,~S of page 3 / Of the mop IeCOrds Of ~ rri S Co ~ n < r ~ j¢ ~ ~ 3 ~~• ,8-5~ ~•d!/ That the plot hereon is true and coned , the /lots and dbnensfons of sold properly avJd o// impmvemenls them being os lndlcottd by ', the pbP . ~'~G ~ ~`~ _ THERE aRE NO ENGROACHPAENTS Ok CONFL/GT5 FILE.' L - 6 ,.--~ . 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Donahoe, et al, as owners of Shady Oaks, a subdivision in the W.P. Harris Survey according to map of said subdivision recorded in Volume 35, at Page 31, of the Map Records of Harris County, Texas, which make certain covenants and restrictions affecting the use and occupancy of various lots composing Shady Oaks Subdivision; WHEREAS, Paragraph One of said restrictions above referred to provides that said restrictions may be changed by tl~e majority of the lot owners of said Subdivision; and Wi3ER1iAS, it was the desire of a majority of the then lot owners of said Shady Oaks Subdivision to change and amend the covenants and restrictions as recorded in Volume 328?., at Page 675, of the Deed Records of Harris County, Texas; and WHEREAS, Parag raph Une of said restrictions above referred to provides that said restrictions may be ct,anged by the majority of the lot owners of said Subdivision; and WHEREAS, it is the desire of a majority of the lot owners of said Shady Oaks Subdivision to change and amend the covenants and restrictions above referred to. NOtti', TfiEREFORE, KI]CJ~9 ALL MEN BY THESE PRESENTS: That we, the undersigned, being owners of a majority of the lots in Shady Oaks Subdivision, a subdivision out of the W.P. Harris Survey, Harris County, Texas, according to the Map Records in Volume 35, at Page 31, of the Map Records of Harris Cou~ity, Texas, do hereby change and amend the restrictions recorded in Volume 2227, Page 323, and in Volume 3282, at Page 675, of t}~e Deed Records of Harris County, Texas, as follows: NU. ON F. These restrictions shall run with the land and be bindin~~ on all parties hereto, our successors and assigns, until the first day of January, 2000, at which time said covenants shall c,utom~~fically he ` extended for successive periods of ten (10) years. Provided, however, ~ that such covenants may at any time be changed and amended in whole or in part by an agreement evidenced by the execution and recordation in the Deed Records of Barris County, Texas, of instrument signed by a majority of the then owners of the lots in said subdivision. NO. TWO If the parties hereto, or any of them or their successors in title, shall violate or attempt to violate any of these covenants, it shall be lawful for any other person or persons owning any residential lot or interest therein situated in said subdivision to prosecute any proceedings in law or in equity against the person or persons violating or attempting to violate any covenant, either to prevent him or them from so doing or to recover damages for violation thereof and for both equitable and legal relief. NO. THREE Invalidation of any of these covenants by judgment of a court of competent jurisdiction shall in no way affect any other provision thereof, and the remainder thereof shall remain in full force and effect. NO. FOUR These covenants (with the exception of the restrictions specified in Paragraphs Eight and Nine, including 9a, 9b, 9c and 9d) shall not apply to nor affect Lot 1-C and Lot 1-D which may be improved and used for commercial purposes nor shall they affect or restrict in any way the unsubdivided area upon the map of Shady Oaks and designated "Area Reserved for Future Planning." This area is now known as Shady Oaks Park . NO. FIVE Lot 1-C a nd 1-ll shall be restricted for commercial purposes which are not offensive to the adjoining residents, in sight, smell or sound or in any manner hazardous to the adjoining residents through the use or storage of highly flammable materials or engaging in processes that can lead to fire, explosion or the relca~e of noxious fumes or noxious liquid disch~ es and shall not cause traf-f~ congestion. Any parking of clientele of said businesses located on these lots must be confined with the boundaries of said lots. And said lots shall not be used for storage, automobile, boat or truck repairs. No trailer house, camper, bus or recreation vehicle shall be permitted for a longer time than 120 days and shall not be used thereon at any time for rental or revenue purposes. NO. SIX No building shall be located nearer ttre front line than twenty-five (25) feet, nor nearer than twelve (12) feet to a side street line nor nearer than five (5) feet to any other side lot line, except that any garage attached to the main dwelling or any garage or other building set back ninety (90) feet or more from the front property line may be located not nearer than three (3) feet of the property line. No main dwelling shall be located more than forty-five (45) feet from the front property line. NO. SEVEN The principal dwelling to be constructed upon each of the lots fronting upon North Avenue and South Avenue shall face upon the adjacent avenue. ' The principal dwelling upon any corner lot may be located to face the adjacent avenue or street, but no structure placed upon any corner lot shall be located nearer than twelve (12) feet to adjacent street or twenty-five (25) feet to the adjacent avenue. NO. EIGHT Any improved lot shown upon the plat may be subdivided into not more than two lots and if subdivided by line run North and South, each subdivision thereof shall have a frontage on the adjacent avenue of not less than fifty (50) feet, provided, however, corner lots may, in the alternative, be divided by a line running East and West so that no subdivided part thereof shall have a frontage on the adjacent street of less than seventy-five (75) feet. In case a lot is subdivided into not more than two lots as herein permitted, all restrictions and limitations fixed in ttrese covenants shall apply to each portion as if same were a full ].ot. Any lot may be improved, used and occuF~ied with a one-family residence only. There shall be no duplexes, garaye apartments or m~ti-family structure units on ~'ny lot, including Lot ]-- . ' C and 1-D. NO. NINE No principal building (covering Lot 1-C and Lot 1-D) or dwelling (this means any unit that may be used for residential or 'family dwelling on any lot) shall be permitted unless the following conditions are contained therein. A. A county permit .for this building or dwelling, in the 100- year flood plane, on said property, must be obtained= (However, in the future, if the Shady Oaks Subdivision becomes incorporated or if annexed by another city government, then a permit must be obtained from the then controlling government.) b. A water and sewerage permit must be obtained. c. A minimum of fourteen hundred (1,400) square feet floor space, exclusive of open porches and attached garages and such building must be of materials of good quality and substantially of standard construction. The foundation must be of solid slab concrete or poured concrete beams with reinforcement steel. Garages may be constructed of wood. d. No principal dwelling shall be erected upon any building lot in this subdivision or the erection thereof begun or changes in the exterior design thereof after original construction until the .building plans, specifications and plat showing the location thereof have been submitted to and approved in writing by the President of the Shady Oaks Civic Park Association after a study by a committee appointed by the President, as to compliance with these restrictions and as to quality of materials, harmony of external design with existing and proposed structures and as to location with respect to topography and finish grade elevation. In t}~e event said representative fails to approve or disapprove such design and location within thirty (30) days after plans and specifications have been submitted to it, then the owner of the lot shall be free to begin his construction, in which case such api>rov~-rl • will not be required and this covenant will be deemed to have been 1 complied with. NO. TEN In case any owner of any lot in said subdivision desires to improve same for temporary purposes before building the principal dwelling thereon to meet the requirements set forth herein above, he may build such temporary quarters for storage of tools and materials, but shall so locate same on tt~e rear part of his lot as not to be nearer t}~an ninety (90) feet to the front property line. No structure of a temporary character,, including but not limited to, tents and shacks, and no garage or outbuilding shall be used on a lot at any time as a temporary residence. Nothing in these restrictions shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty-one percent (51$) of its reasonable value, by fire, explosion or other casualty, or by act of God, or by public enemy, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction. NO. ELEVEN ~No trailer house, camper, bus or recreation vehicle for residential use shall be permitted on any of said lots except temporarily while the owner is preparing for and constructing the main dwelling house to comply with these covenants; provided, however, such trailer house, camper, bus or recreation vehicle shall not be used for residential purposes for a longer time than one hundred twenty (120) days and shall not be used thereon at any time for rental or revenue purposes. This temporary residential facility shall be occupied by the owner of said lot, and no barrack or other quarters for a construction crew will be permitted at any time. NO. TWELVE No part or portion of said subdivision or any lot thereof shall ever be used for storage of or for making automobile and truck repairs, provided this shall not be construed to prevent any person living on the premises from making repairs to hip own family automobile or truck used by him in making the family livelihood. NO. THIRTEEN ido fence, wall planter or hedge in excess of two and one-half (2-1/2) feet shall be erected or maintained nearer to the front lot line than the front building setback line, nor on corner lots kiearer to the side lot line t}pan the building setback line parallel to the side street, except that single trees, having single trunks, which are pruned up to a height of seven (7) feet above walk grade and are not an obstruction to view arc allowed. No rear fence wall or hedge, and no side fence wall or hedge located between the side building line and the interior lot line shall be more than six (6) feet high. NO. FOURTEEN An easement is reserved over the rear ten (10) feet of each of the outside lots and -- of seven and one-half (7-1/2) feet over the rear of each of the inside lots, as shown on the plat, for utility installments and maintenance and in addition to said dedicated ground easements, there is also reserved for the use of all public utility companies an unobstructed aerial easement of five (5) feet wide from a plane twenty (20) feet above the ground upward, located adjacent to and on both •~ sides of all dedicated ground easements shown on the plat. NO. FIFTEEN No septic tank or other sewerage disposal system shall be installed on any lot in said Shady OaY.s Subdivision. NO. SIXTEEN No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other common household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. NO. SEVENTEEN Grass and weeds shall be kept mowed to prevent unsightly appearance, and if not mowed by owner, then Shady Oaks Civic Yark Association may mow such grass and weeds and charge the owner the cost of such work. Shady Oa}:s Civic Park Association steal] not be liable to the owner or occupant in trespass or damages. Dead, diseased or damaged trees which might create a hazard to property or persons on any lot or adjacent lot, shall be promptly removed or repaired, and if not removed by owners, then Shady Oaks Civic Park Associaton may remove such trees and shall not be liable for damage done in such removal. In no event shall any lot be used for storage of material and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon and shall not burn any garbage, trash or rubbish except by use of an incinerator, and then only during such hours as permitted by iaw. NO. EIGIITEEN No business is to be conducted out of a single family residence, with the exception of home occupations defined as follows: "An occupation, not involving the conduct of a business, customarily carried on in a single-family dwelling as an incidental but not the principal use thereof by a member of the occupant's family residing on the premise, without the help of any assistant or employee; without structural alterations in the building or any of its rooms; without the installation of any machinery or equipment other than that customary to normal household operations; without the use of any sign, display or advertisement of the occupation or the telephone number of the same, the person conducting the same, or of the occupant; and which occupation does not cause the generation of any traffic in the street nor involve the storage or display of any property other than household goods used on the premise; and which occupation is not detrimental or injurious to adjoining property; and which occupation does not include a beauty school, parlor or shop, a doctor's or dentist's office for the treatment of patients, a barber shop, carpenter's shop, electrician's shop, shoe strop, plumber's shop, radio shop, tinner's shop, auto repairing, auto painting, furniture repairing, sign painting or- real estate office, but not limited to those so enumerated; and • wl~icl~ occupation does not involve the conduct of a school, day care center or office; and which occupation does not include the keeping, stabling, pasturing, boarding or caring for any horses, 1 cattle, dogs, cats or other animals belonging to persons other than the occupants of the main building." WITNUSS OUR IjANDS on the dates of our acknowledgments. s' ~• ~~~ ~) f ~, ~~ );~1 ~ ~J BRUCE A. COPLEN LEGER & COPLEN A~PROiC8910NAL CORPORATION ATTORNEYS AT LAW 5847 SAN FELIPE, SUITE 1250 HOUSTON, TEXAS 77057 May 22, 1989 Mr. Knox W. Askins City Attorney City of LaPorte 702 West Fairmont Parkway LaPorte, Texas 77571 ne : Fotertial Annexai.ons Dear Mr. Askins: AREA CODE 713 TELEPNONE 781-5932 TELECOPY 781-4186 This firm represents Southern Ionics, Inc. ("SI"). As you know, SI is currently associated with an incinerator permit pending before. the Texas Water Commission. SI is the current owner of the proposed incineration site, which is located in the City's extraterritorial jurisdiction. We understand that your client, the City Council of the City of LaPorte, has adopted two ordinances regarding potential annexation of the incinerator site. We understand that Ordinance No. 1641, adopted May 1, 1989, directs the City's Department of Community Development to prepare a service plan for the area proposed to be annexed. We also understand that the City Council that same day adopted Ordinance No. 1642, which declares the City's intention to annex the site and calls for two public hearings on such annexation and publication of notice of such hearing. We also understand that the City Council has adopted Ordinance No. 1634, which purports to establish hazardous waste incinerator siting requirements within the City limits. The purpose cf t'~e ? T~tt~r :.c tc aciviss you :i3a~ tic iw. a annexation ordinances and any eventual annexation are precluded by and in violation of the industrial district agreement between SI and the City. As you are aware, SI entered into an industrial district agreement effective January 1, 1987 (the "Agreement") with the City. Section I of the Agreement provides that the City covenants that the property shall be immune from annexation until 1993. The City further covenants in the Agreement not to "exercise in any manner whatever control over the conduct of business thereon...". Based on the facts available to us at this time, it appears that any annexation of the SI tract would be in breach of these covenants and would entitle SI to take action to protect their legal rights. Further, if an annexation were purported to be completed, SI has been advised that any enforcement of the Ordinance 210. 1634 with respect to SI's plans : _ ~.. May 22, 1989 Page Two to establish an incinerator on the site would be in violation of the Texas Solid Waste Disposal Act as a local ordinance or regulation which is inconsistent with and in conflict with the State law requirements. Any .such enforcement of the ordinance also would entitle SI to protect their legal rights. If the City pursues this annexation by holding the hearings or adopting an annexation ordinance, or takes any action to enforce the siting ordinance, our clients will take appropriate action to protect their interest in this matter. -~e -respectfully request that you or the City aduise us of the City's position at your earliest convenience. Sincerely, ~ C~ Bruce A. Coplen BAC/dy r 1 ~ t ~~ FROM THE DESK OF Knox W. Askins, J.D. C~~ c~ ~. ~ ~.~ ~~~~ v ~~ ,~e ~~. ~- I Form PP-180 2~Wheeler Group Ina-1977 I'IH'Y'-~~-1'~c~'~ 11 ~ ~~:t rK.Uf`I LtlatF? ~ ~Hf dUtK;:~ I LI F;t<'..~ 1 L ~L~IVL'L~CLr . r "~ .A• • • f I.ECiER & ~OPt,EN A vR0~49ZfrONAL tpR-OMTIOr. ATTORNEYS AT LAW 5&t7 SAN FELIPE, SUJTE 1250 HousrON, TExAS 77057 BR4C6 A. COPLEN AREA CODE 713 TELC~MONE 7B1-S 982 May 22, 989 TELECOPY 781.41Sd Mr . Knox W . ~lskins City Attorney City o£ LaPorte _ 702 West Fairmont Parkway LaPorte, Texas 77571 ate: Potential Annaxai_ionr Dear Mr. Askins: This firm represents Southern tonics, Tnc. ("SI"}. As you know, SI is currently associated with an incinerator permit pending before the Texas Water Commission. SI is the Current Qwner of the prr.,rosed inGxneration site, Wh~.Gll is located in the Gity's extraterritorial jurisdiction. We understand that your client, the City Counca.l of the C~.ty of LaPorte, has adopted two ordinances regarding potential annexation of the incinerator site. We understand that Ordinance No. 1641, adopted May 1, 1989, directs the City's Department of f Community Development to prepare a service plan £or the area proposed to be annexed. We also understand that the Gity Council that same day adopted Ordinance No. 1642, which declares the City's intention to annex the site and calls for two public hearings on such annexation and publication of notice of such hearing. We also understand that the City Council has adopted Ordinance No. 1634, which purports to establish hazardous waste incinerator Siting requirements wzthin the 12ity limits. The purpose of the letter is to ad~~XSe you that the two annexation-ordinances and any eventual annexation are precluded by and in violation of the industrial district agreement between SI and the City. As you are aware, 5I ente~:ed into an industrial district agreement effective January 1, 1987 (the "Agreement") with the City. Sectzon I of the Agreement provides that the City covenants that the property shall be immun4: from annexation until 1993. The CiY_y further oovGnz~nts ~.n 1:hE Agreement not to "exercise in any manner whatever control aver the conduct of busy-Hess thereon.. ," . Dasecl vn the EaCts ctVai.lable to uS at this time, it appears that any annexation of the SI tract would be in breach of these covenants and would entitle SI to take action to protect their legal, rights. Further, 3.f an annexation were purported to be completed, SI has been advised that any enf•orcempnt- of the Ordinance No. 1G34 witl7 x.espect to SZ's pzans Y •~ _. • ~ May 22, 198 Page Two ::~ to establish an incinerator on the site would be in violation of the Texas Solid Waste Disposal Act Sts a local ordinance or regulation which is inconsistent with an<~ in Conflict with the State law requirements. Any such enforcE:ment of the ordinance also would entitle SI to protect their leq~il x'ights. If the Gxty pursues this annexation b~- holding the hearings or adopting an annexation ordinance, a=' takes any action to enforce the siting ordinance, our czient.: will take appropriate acta.on to protect their interest in this m2~tter. We respectfully reQueSt that yn» r+r tl:~o City advia~ ua of the city's position at your earliest convenience. BAG/dy Sincerely, Bruce A. Coplen May 22, 1989 Houston Chemical Services, Inc. concurs with the position of Southern Ionics, Inc. described in this letter. Clark G. Hickman President of Houston Chemical Services, Inc. T('1TG1 P lad • NAME : /(' U ~ I? l ~ -C~-v-_ _ -- o~~~ • ADDRESS. _-.~ ~~ G ~/~ ~,~-~*s~ ~.* ~ SUBJECT ON WHICH I WISH TO SPEAK: ~~~ S DATE: ~_'/ 2^ ~y l NAME: ~~ ~ ~rl ADDRESS: a ~~ SUBJECT ON WHICH I WISH Tp SPEAK: .w ~ _ ~ f F ~ f1 -~~''~~~,, -'J C'' DATE : ~~~ ~" ~~"' NAME: ADDRESS: // ~~ _~, SUBJECT ON WEIR CH I WISH TO SPEAK: • NAME : -~ ADDRESS: ~v2.~ ~ea..d ~ ~~~ SUBJECT ON WHICH I WISH TO SPEAK: %' ' /l EYF?~/C°7r,,,_. DATE : ~~ ,. ~, ,~, /y`~ NAME: ADDRESS: ~ ~ (~ SUBJECT ON WHICH I WISH TO SPEAK: / ~~l DATE: ~ -a a ~9 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MAY 22, 1989 Requested By: Department: X Report Resolution Exhibits: COMMUNITY DEVELOPMENT X Ordinance 1. Preliminary "BayMUD" Report & Attachments 2. Rezoning Ordinance 4~1501J 3. Transparencies 4. Maps to be posted in Council Chambers SUMMARY & RECOMMENDATION SUMMARY: The Planning & Zoning Commission, at their April 27, 1989 Public Hearing and regular meeting, endorsed as an amendment to the City's Comprehensive Plan, the Preliminary Report regarding the newJ_y annexed, former BayMUD area. Using the report and public input as a guide, the Commission, with staff assistance, developed three maps. The first two maps, Land Use and Park/Conservation Zones, were approved by the Commission at their April 27th meeting. The third map deals with zoning and reflects the Commission's recommendations for the types and placement of zoning districts within the newly annexed areas. Council is, by ordinance, required to hold a public hearing to consider the proposed zoning map for the newly annexed areas. At the cJ.ose of the public hearing, Council may: 1.) Approve the proposed zoning map as is by adopting Ordinance ~~1501-J: 2.) Approve the proposed zoning map with amendment: 3.) Table Ordinance ~~1501-J to allow further consideration of the zoning map in a workshop setting. The City is mandated by both the zoning ordinance and state law to have permanent zoning in effect no later than June 28, 1989. The last date on which CounciJ_ can act to approve permanent zoning and meet the required deadline is June 12, 1989. RECOMMENDATION: Approve Ordinance ~~1501-J as presented. Action Required by Council: 1. Hold Public Hearing 2. At close of public hearing act on Ordinance ~~1501J by A. Adopting B. Adopting with amendment C. Tabling for further consideration Availability of Funds: A?/A CTeneraJ. Fund Capital Improvement Other Account Number: kiater/Wastewater General Revenue Sharing Funds Available: _ YES _ NO ((App roved for City Council Agenda ,1 Robert T. Herrera DATE City Manager i • The Preliminary Report regarding permanent "BayMUD" Zoning was forwarded to Council on May 5, 19$9• If needed, additional copies will be available at the May 22, 1989 Public Hearing. ~~ ~~, May 16, 1989 • CITY OF L• PORTE PHONE (713) 471.5020 • P. O. Box 1115 • LA PORTE, TEXAS 77571 m City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 ATTN: Honorable Mayor Norman Malone & City Council Dear Mayor Malone, On December 31, 1988: the former Bayshore Municipal Utility District was formally annexed into the City of La Porte (Ordinance ~~1626). Subsequent to annexation the Planning & Zoning Commission started the task of developing a zoning map which will assign permanent zoning classifications to the newly annexed areas. Understanding that zoning lines cannot be assigned arbitrarily ar solely on the basis of existing property use, the Commission proceeded with this project using the following guidelines. Zoning should: 1. Serve to integrate the newly annexed area into the City as a whole. 2. Enhance and preserve the basic character of the annexed area. 3. Be consistent with the goals of the City's Comprehensive Plan. During the course of several regular Commission meetings and the April 27, 1989 public hearing, the Commission developed the following documents. 1. "Preliminary Report Regarding Permanent Zoning Classifications To Be Assigned To Property Annexed Into The City of La Porte By Ordinance 41626." This report, which deals with a variety of Comprehensive Plan issues, was endorsed by the Commission, at the April 27, 1989 public hearing and regular meeting, as an appendix to the Comprehensive Plan. 2. "Land Use Plan" This plan is in the form of a map which indicates long range development patterns envisioned for the newly annexed areas. It should be noted that this map is not "lot specific", that is, instead of indicating land use areas by hard lines which track street and property lines, large • Page 2 patterns are indicated by means of bubbles. The purpose of this map is to reflect the goals of the Comprehensive Plan in an easily understandable format. This map will be used as a guide when considering future development proposals or rezoning requests. The map was approved by the Commission at the April 27, 19$9 public hearing and regular meeting. 3. "Park Zone/Conservation Area Map" The Comprehensive Plan set a target goal of one (1) acre of public or private park land per each 22.3 acres of residentially zoned property. The City's Zoning & Development Ordinances require residential developers to either dedicate a certain percentage of a new residential development for park facilities or in lieu of park land, pay the City for aquisitions of park land. The primary purpose of the Park Zone map is to indicate the areas where this money would be used to develop park facilities. This map was approved by the Commission at the April 27, 1989 public hearing and regular meeting. ~. "Proposed Zoning Map" This map, when approved by Council, will establish permanent zoning districts and their boundaries. The reasoning used by the Commission is detailed in the preliminary report. This map represents the Commission's best effort to establish zoning lines in a manner which will protect and enhance the use and value of property in the annexed areas; serve the best interests of the City of La Porte as a whole; and further the goals of the Comprehensive Plan. The Commission, at our April 27, 1989 public hearing and regular meeting, by unanimous vote, has recommended Council approval of the proposed zoning map. As always, both the Commission and myself are at your service. Respectfu/~l~ly submi ted, J et Graves Chairman, Planning & Zoning Commission JG/mjs