HomeMy WebLinkAbout1990-04-09 Public Hearings and Regular Meeting
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APRIL 9, 1990
Apr/ I
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MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
1. The meeting was called to order at 6:00 P.M. by Mayor Malone.
Members of ci tv Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob
McLaughlin, Alton Porter, Deotis Gay (arrived at 6:07), B. Don
Skelton, Jerry Clarke
Members of citv Council Absent: None
Members of ci tv Staff Present: Ci ty 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 Parks and Recreation Stan Sherwood, Police
Chief Charles smith, Director of Community Development Joel
Albrecht, Purchasing Manager/Human Resources Manager Louis
Rigby, Finance Director Jeff Litchfield, Chief Building
Inspector Ervin Griffith
Others Present: Approximately 50 citizens
2. The invocation was given by councilperson Waters.
3. Council considered approving the minutes of the regular
meeting of Council held March 26, 1990.
It was noted by the Mayor that a typographical error on item
7, page 3 of the minutes, had been corrected and copies of
that page put at the Council places.
Motion was made by Councilperson Skelton to approve the
minutes of March 26 as noted. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 0 nays
(Councilperson Gay had not yet arrived).
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlj,.n,
Porter, Skelton, Clarke and Mayor Malone
None
Ayes:
4. The Mayor proclaimed National Secretaries Week and Lions White
Cane Days.
5. The Mayor, joined by Council members, presented City Attorney
Knox Askins with a plaque to honor his 25 years of service to
the City as City Attorney. Mr. Askins responded with a brief
review of his 25 years as City Attorney, and thanked Council
for honoring him.
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Minutes, Public Hearings and Regular Meeting
La Porte city council
April 9, 1990, Page 2
6. Gene Newton, representing Dow Chemical Company, addressed
Council regarding industries' commitment to the environment.
He presented each Council member with a parchment copy of the
commitment pledge, and presented the city with an engraved
plaque signed by managers of area industries.
7. Public Hearings
A. Request of Fairmont Park Baptist Church for a special
conditional use permit to allow placement of a 24-foot
by 32-foot portable building to be used for storage.
The Mayor called public hearing "A" to order. Joel
Albrecht, Director of Community Development, reviewed
the request for Council. He also presented the
recommendation of the Planning and Zoning Commission,
which was to deny the special conditional use permit.
The Mayor asked for public input; the following persons
addressed Council: Reverend Wayne Spears - spoke on
issues involved in the request. He is in favor of having
the building remain on the church property in its present
location. Mike Pizzitola addressed Council in opposition
to the permit being granted. Mr. pizzitola lives right
by where the building is, and it is right outside his
back yard. He feels it is an eyesore. Mrs. Penny
Hambrick addressed Council, also in opposition to the
permit. She lives close to Mr. pizzitola and agrees that
the building is an eyesore and encourages trespassing.
Mr. Frank Cline addressed Council in opposition to the
permit.
During the course of the public input, Council asked
questions of the citizens addressing them. After these
questions were answered, the Mayor asked for further
input. There being no further input, the Mayor declared
pUblic hearing "A" closed.
B. Request of International Cargo Network for a special
conditional use permit to allow development of a Planned
unit Development (PUD) to consist of a refrigerated
warehouse complex.
The Mayor called public hearing "B" to order. Joel
Albrecht, Director of Community Development, reviewed the
request.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
April 9, 1990, Page 3
The Mayor called for public input. Harley Martin,
President of ICN, addressed Council to express his
willingness to accept the conditions of the PUD set out
by the Planning and Zoning Commission. Questions from
Council were answered. There being no further input, the
Mayor declared public hearing "B" closed.
8. Blinkey, the robot cop recently purchased through donations,
was introduced to Council by Chief Charles smith. Blinkey was
certainly well-received, and his "keepers", Mike Edgmon and
Jerome McKown, handled him very professionally.
9. Council considered approving a special conditional use permit
for Fairmont Park Baptist Church to allow placement of a 24-
foot by 32-foot portable building to be used for storage.
Motion was made bY Councilperson McLauqhlin that the request
be returned to the Planninq and Zoninq Commission for further
study. Second by Councilperson Gay. The motion failed, 3
ayes and 6 nays.
Ayes:
Nays:
Councilpersons McLaughlin, Gay and Skelton
Councilpersons Waters, Cooper, Matuszak, Porter,
Clarke and Mayor Malone
Motion was made by Councilperson Porter to deny the request
of Fairmont Park Baptist Church for a special conditional use
permit. Second by Councilperson Clarke.
Councilperson Gay moved to amend the motion to approve the
permit if the building was moved. City Attorney Askins stated
that this motion to amend was not in order.
The motion to deny the request was voted, and carried, 5 ayes
and 4 nays.
Nays:
Councilpersons Waters, Cooper, Porter, Clarke and
Mayor Malone
Councilpersons Matuszak, McLaughlin, Skelton and Gay
Ayes:
10. Council considered approving a special conditional use permit
for International Cargo Network to allow development of a
Planned unit Development (PUD) to consist of a refrigerated
warehouse complex.
Motion was made bY Councilperson Clarke to approve the special
conditional use permit for International Cargo Network.
Second by Councilperson Waters. The motion carried, 9 ayes
and 0 nays.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
April 9, 1990, Page 4
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
11. Council considered an ordinance approving sale and conveyance
of a certain parcel of real property by the City of La Porte.
The City Attorney read: ORDINANCE 1696 - AN ORDINANCE
ACCEPTING THE BID OF CHARLES BERDON LAWRENCE, FOR THE SALE AND
CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY THE
CITY OF LA PORTE; MAKING CERTAIN FINDINGS OF FACT; AUTHORIZING
THE MAY TO EXECUTE A SPECIAL WARRANTY DEED FROM THE CITY OF
LA PORTE TO CHARLES BERDON LAWRENCE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Skelton to adopt Ordinance
1696 as read by the City Attornev. Second by Councilperson
Porter. The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
12. Council considered a consent agenda, as follows: (A) Consider
awarding a bid for a cargo van; (B) Consider awarding a bid
for pick up trucks.
Motion was made bv Councilperson Waters to approve the consent
agenda as ~resented. Second by Councilperson Cooper. The
motion carried, 9 ayes and 0 nays.
Ayes:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone
None
Nays:
13. Administrative Reports:
A. Report from City Manager regarding request for utility
service outside city limits - recommendation from the
Assistant City Manager that this be delayed, as all
necessary information had not been received.
B. Leadership Conference on April 26, 1990 - Rob Mosbacher
will be the speaker at the conference and plans are going
well. Tickets for the luncheon for Councilpersons'
spouse have been distributed.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
April 9, 1990, Page 5
C. The City Manager announced that the City is now the proud
owner of a new Multi-Purpose Center. The bowling alley
building on Broadway has been purchased by the city for
this use. Mr. Herrera asked for direction from the Mayor
on how to proceed with this project. It will be put on
the April 23 agenda as a workshop item.
14. Council Action: Councilpersons Cooper, Matuszak, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone brought items
to Council's attention.
15. Council adjourned into executive session at 8:29 P.M. to
address two items under Article 6252-17, section 2(R)
(Conference), as follows: (A) Receive report from City
Manager regarding a Community Block Grant; (B) Receive report
from city Manager regarding drug testing policies. Council
returned to the table at 9:45 P.M.
Under item A, the City Manager was directed to pursue the
Block Grant; and under item B, the City Manager was directed
to continue preparation of drug testing policies.
16. There being no further business to come before the Council,
the meeting was duly adjourned at 9:46 P.M.
Rez=ljZL
Cherie Black, City Secretary
Passed & Approved this the
23rd day of April, 1990
.4~teJak y~ jJ/w-~
Norman L. Malone, Mayor
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Office of the Mayor
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WHEREAS, pJt06e..6-6ionCLt -6ecAe:t.o.JUe..6 Me wUling :.to go :.the ex.tJr..a.
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WHEREAS, pJt06e..6-6ionCLt -6eCJtetaJUe..6 Me :.the unhcuz.ai.ded membeJL6
06 :.the management :.team; and
WHEREAS, :.the week. 06 Aptril 22-28 ha.6 been de..6..i..gna.ted PM6e..6-6ionCLt
SecAe:t.o.JUe..6 Week. by PJt06e..6-6ionCLt SecJte:t.o.JUe..6 InteJ1.n.aUonCLt, W olLigina.toJt
and -6pOn6oJt.
NOW, TIIEREFORE, I, NORMAN MALONE, MAYOR 06 :.the City 06 La PoJtte,
do heJteby pMc.laim :.the week. 06 ApJtii 22-28, 1990, a.6
PROFESSIONAL SECRETARIES WEEK
and a..6k. :.th.a...t management eVeJ1.ywheJ1.e join in Jtec.ognizing :.the ou:.tJ.>.ta.nd.i.ng
ptL06e..6-6ionaL6 in :.the1.Jr. employ, e-6pec-i..ally on Wednuday, ApJtii 25,
PJt06u-6ionCLt SeCJte:t.o.JUe..6 Vay.
IN WITNESS WHEREOF, I have heJ1.en.nto -6et my hand and c.CUL6ed :.the
SeCLt 06 :.the City :.to be a66h<.ed heJ1.eto, ;t/-U-6 :.the 9:.th day 06 ApJtii, 1990.
CITY OF LA PORTE
NOJtman L. Malone, MayoJt
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Office of the Mayor
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Re6totvtng J.>..i..ght to the bUnd hlL6 been the
due 6 c.o nc.vz.n 06 Uo n6 ClubJ.> ..i..n :thM Mea
60ft mofte than 30 ye..aJr.l,; and
WHEREAS, the L..i..on6 Eye Bank. 06 T exa.6, ..i..n the T exa.6 Medic.al.
Centvz., -iA the laJLge6t ..i..ndependent eye bank. ..i..n the wol11.d and hlL6 donated
mofte than 28,000 c.oftnea.J.> 60ft tnan6p1.a.nting ..i..n the pa.6t 30 yea.Jr..J.>; and
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WHEREAS, the ho.6p..i..:t.ctt6 ..i..n the Texa.6 Med..i..c.al. Centvz. Me J.>ome
o 6 the mOJ.>t ac;Uve c.oftne.a1. tnan.6 plant c.enteJL6 ..i..n the Un..i...ted S:ta:te6; and
WHEREAS, dwvi.ng the annu.a1. "Wh..i...te Cane Vay.6", ApJUl 21- 2 3,
many 06 the mofte than 2,800 UOn.6 Club membeJW wil..t be hancU.ng out
.6ma..U wh..i...te c.ane6 ..i..n .6hopp..i..ng c.enteJL6 and othvz. pubUc. gathV1...i..ng plac.e6
:to fte.mi..nd people tha.:t bUndne6J.> can be ovvz.c.ome and to enc.ouJLage the
dona.t..i..on 06 c.oJr..ne.a.6 to the L..i..on.6 Eye Bank. 06 Texa.6.
NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 the C..i..ty 06
La Po4te, do he.Jteby pftoc1.a.im ApJUl 21 tMough 23, 1990, a.6
WHITE CANE VAYS
..i..n the CUy 06 La Po4te, and do c.ommend the membeJL6 06 UOn.6 Cfub.6
tMoughout the Mea. 60ft thebL decUc.a;Uon to ttuA v..i..taJ.. WOftk..
IN WITNESS WHEREOF, I have hvz.w.nto J.>u my hand and c.aMed the
Seal. 06 the C..i..:ty :to be a66-l.xed hvz.e..to, :thM the 9th day 06 ApJUl, 1990.
CITY OF LA PORTE
Noftman L. Ma1.one, Ma..YOft
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REQUEST FOR CITY COUNCIL AGENDA ITEM
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Agenda Date Requested:
April 9, 1990
Requested by: Joel Albrecht
Dept:
Community Development
x
Report
Resolution
x
Ordinance
Exhibits:
1)
2 )
3)
Special Conditional Use Permit nSCU90-002
Planning & Zoning Commission Transmittal
letter
Staff Report and Exhibits
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SUMMARY & RECOMMENDATION
Summary:
The La Porte Planning and Zoning Commission on February
15, 1990, met in Public Hearing and regular session to
consider a request by Fairmont Park Baptist Church for a
Special Conditional Use Permit. The purpose of this request
is to allow permanent placement of a portable storage
building on the church's property located at 10401 Belfast
Drive in Fairmont Park.
The building is to be used for church storage. Under
the requirements of Ordinance 1501, Section 5-600, Table A,
a Special Conditional Use Permit is required before this or
any other expansion of a religious facility may take place
in an R-1, residential zone.
Recommendation:
The Planning and Zoning Commission, by unanimous vote,
has recommended denial of this request.
Options:
I. Approve Special Conditional Use Permit nSCU90-001:
A. As requested by applicants
B. With added conditions
II. Table SCU90-00l for further consideration at a future
date.
III. Deny SCU90-001 as recommended by Planning and Zoning
Commission.
NOTE: Zoning Ordinance Section 11-507.8 states: "The
affirmative vote of at least three fourths (3/4) of the
City Council is required to overrule a recommendation
of the City Planning and Zoning Commission that a
proposed change to this Ordinance or boundary be
denied."
Zoning Ordinance Section 10-201.5 states: "Every
Special Conditional Use Permit granted as provided
herein shall be considered as an amendment to the
Zoning Ordinance as applicable to such property.
A three quarter (3/4) majority of Council must vote to
approve SCU90-001 in order for it to be granted.
REQUEST FOR CITY COUNCI~GENDA ITEM
PAGE -2-
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Action Required by Council:
I. Hold Public Hearing to consider Special Conditional Use
Permit Use Request #SCU90-002
II. At close of Hearing, call vote to consider approval or
denial of permit SCU90-001.
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Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: ___YES ___NO
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Aooroved for City Council Agenda
JlT~
Robert T. Herrera
City Manager
"'tl 4 \C\O
DATE
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
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In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on
the 9th day of April, 1990, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to hear a request from Reverend Wayne Spears,
on behalf of the Fairmont Park Baptist Church, for a Special
Conditional Use Permit to allow placement of a 12-foot by 24-foot
portable building to be used for storage. Legal description of the
property is: a 6.503 acre tract; Part of Lot 5; W. J. Payne
Subdivision; W. J. Jones Survey, Abstract 482, and further
described as 10401 Belfast Drive.
A regular meeting will be held following the public hearing
for ~he purpose of acting upon the public hearing item and conduct
other matters pertaining to the City Council.
citizens wishing to address the Council pro or con during the
Public Hearing will be required to sign in before the meeting is
convened.
CITY OF LA PORTE
Cherie Black
City Secretary
e CITY OF LA ~R TE
PHONE (713) 471-5020
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P. O. Box 1 1 15
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LA PORTE, TEXAS 77572-1115
March 16, 1990
Honorable Mayor Malone and City Council
City of La Porte
RE: Special Conditional Use Permit Request #SCU90-001
Dear Mayor Malone,
The La Porte Planning and Zoning Commission on February 15,
1990, met in Public Hearing and regular session to consider a
request by Fairmont Park Baptist Church for a Special Conditional
Use Permit. The purpose of this request is to allow permanent
placement of a portable storage building on the church's property
located at 10401 Belfast Drive in Fairmont Park.
The building is to be used for church storage. Under the
requirements of Ordinance 1501, Section 5-600, Table A, a Special
Conditional Use Permit is required before this or any other
expansion of a religious facility may take place in an R-l,
residential zone.
After considering the applicants' request, Staff's report
and citizen comment, the Planning and Zoning Commission, by
unanimous vote, has recommended the denial of this request.
Respectful~
~ves, Chairman
~~~~~i~~aand Zoning Commission
cc: Planning and Zoning Commission Members
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CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
Ordinance #1501
Permit No. SCU90-001
CLP Job No.
N/A
This permit issued to:
Rev. Wayne Spears
Owner or Agent
10401 Belfast Dr.
Address
For Development of:
Fairmont Park Baptist Church
Development Name
10401 Belfast Drive
Address
6.503 Acre Tract out of part of Lot 5;
W. J. Payne Subdivision
Legal Description
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
contemplated 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: Not Applicable
Validation Date:
Zoning Administrator
City Secretary
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
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CITY OF LA PORTE
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A p pI i cat ion No.: 9' t7- .. /
OFFICE USE ONLY: Fee: $100.00 Date Received: /-~- 9CJ
Rece ipt No.: tJ'77'. 9;t.,
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
(X) Minor Development Site Plan () Preliminary Plat
p;~~~~-M;ki~;-R;~~;~~~-----~~:;:-':7b:r~~~~;::-----------
Mailing Address: '~I-LJl:1 ~T
City/State: _LA.~I2.""tr- \~~ Phone: ~Il- X{g IS
BUSINESS NAME: 1=h\12~ ~'L~~~-r ~lZGtJ
PROPERTY ADDRESS: --~'E. I.
LEGAL DESCRIPTION: (p.~. \:t:o: LT. 5, \.J.j.}:l~s.,e::t::>.
ZONE: \2,-\ SIC USE CATEGORY: ~tal
TYPE OF BUSINESS: C"'-kHZGW.
/-~-9'a ~a~~
Date Own or Authorized Agent
----------------------------------------------- ----------------------
OFFICE USE ONLY
Date of City Council Meeting:
Z r
one: "~ ~
::{ ) :j.;; C
Recommendation: Y or \.JY!
Approved: Y or N
Date of P & Z Public Hearing:
r....b 1~,/770
This application is:
Approved
Permit fJ
)
Denied ( )
CLP JOB f1
(If Assigned Yet)
Conditions:
Zoning Administrator
Date
CED/1-'87
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SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-001
Requested For:
Fairmont Park Baptist Church
Leqal Description:
6.503 acre tract; Part of Lot
Payne Subdivision; W. J. Jones
Abstract 482 (See Exhibit A)
5; W. J.
Survey,
Address:
10401 Belfast Drive
Zoninq:
R-1, Low
Exhibit B)
Density Residential
(See
Requested By:
Rev. Wayne Spears, Pastor, Fairmont Park
Baptist Church
Purpose of Request:
To Secure a Special Conditional
Permit to allow placement of a 12
24 ft. portable building to be used
storage building.
Use
ft x
as a
Backqround:
The Fairmont Park Baptist Church is located in "old"
Fairmont Park at the corner of Belfast and Farrington Blvd. (See
Exhibit B). The church property and surrounding subdivisions are
zoned R-1 Low Density Residential. The church is requesting a
Special Conditional Use (S. C. U.) Permit to allow a portable
building located on their property to be used as a storage
facility. This is in accordance with the provisions of Section
5-600, Table A of Zoning Ordinance 1501. This section requires
that a Special Conditional Use Permit be issued prior to the
construction or expansion of any religious facility located
within a Low Density Residential zone.
In April 1987, the church obtained a Special Conditional Use
Permit (#001-87) to allow a major expansion of existing church
facilities. At that time, the building under present
consideration was being used as a Sunday School classroom. The
portable building was relocated to make room for a building
addition and used as a contractor's office for the duration of
the construction period.
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special Conditional Use Permit Request #SCU90-001
Page -2-
The certified site plan submitted in conjunction with the
expansion project indicated that this building was to be removed
from the site (See Exhibit B). The City's understanding was that
the building would be removed upon completion of the expansion
project. However, upon project completion, the building was left
in its present location and used for church storage. The church
is seeking an additional S. C. U. permit to legitimize this use.
The building is presently located near the north eastern corner
of the church's property. It has been placed twenty two (22)
feet from the east (side) property line and twenty seven (27)
feet from the north (rear) property line. This places the
building approximately four hundred and fifteen (415) feet from
the front property line and five hundred and thirty five (535)
feet from the west (side) property line (See Exhibit A).
The minimum building setbacks for religious institutions
located in residential use zones (as specified by Section 5-700,
Table B) are thirty (30) feet front, twenty (20) feet rear, and
ten (10) feet side. The building complies with City setback
requirements.
other requirements to be considered when reviewing a S. C.
U. permit are:
I. Section 5-800 Special Use Performance Standards
A. Screening
B. Traf fie Control
C. Compatibility with Surrounding Area
D. Required Licenses Obtained
E. Compatible Alterations and Adequate Parking
II. Section 10-202. Conditions for Approval [of a S. C. U.
Permit]
A. That the specific use will be
compatible with and not injurious
to the use and enjoyment of other
property, nor significantly
diminish or impair property values
within the immediate vicinity.
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Special Conditional Use Permit Request HSCU90-001
Page -3-
B. That the conditions placed on such
use as specified in each district
have been met by the applicant.
C. That the applicant has agreed to
meet any additional conditions
imposed, based on specific site
constraints, and necessary to
protect the public interest and
welfare of the community.
These issues will be discussed in the next section of this
document.
Analysis:
Section 5-800:
Screeninq:
The purpose of the ordinance's screening requirements is to
improve the aesthetic appearance of a site by obscuring from view
buildings and areas, that are unsightly or architecturally
incompatible with the surrounding area. While in this instance,
it may be inadvisable to require a complete landscape screen, the
Commission, if it decides to recommend approval of this request,
would be justified in requiring landscape planting to "soften"
the appearance of the building.
Traffic Control:
As the building's use is for storage, there should be no
impact on traffic volume or traffic flow. The issue of traffic
control is therefore not applicable to this request.
Compatibility with Surroundinq Area: This section states that a
building "shall not be so dissimilar to the existing buildings or
area as to cause impairment in property or constitute a blighting
influence within a reasonable distance of the development." As
inferred in the paragraph on screening, architectural
compatibility may be an issue with this request. The suggested
landscaping would be one way to address the compatibility issue.
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Special Conditional Use Permit Request
Page -4-
Required License Obtained:
This issue is not applicable to this request.
Compatible Alterations and Adequate Parkinq:
The present church parking facilities are adequate to meet
zoning ordinance requirements. Used for storage, this building
should have no impact on overall parking requirements. The issue
of compatible alterations has already been dealt with.
Section 10-202:
This section sets three conditions which must be met by the
applicant. The first of these conditions requires that the use
be "compatible with and not injurious to the use and enjoyment"
of surrounding property. The Commission must determine whether
or not the application can satisfy this condition.
In discussing this issue, the Commission should be aware of
past problems relating to this building. There have been
complaints regarding juveniles breaking into this building and
apparently holding "parties". Further, at one point, the La
Porte Police recovered some stolen items (scuba gear) from the
building.
Since that time, the church
effectively secure the building.
knowledge, there have been no further
has taken this action.
has taken steps to more
To the best of staff's
complaints since the church
In this case, it is the Commission's responsibility to
determine if the action taken by the church is adequate. If it
is felt that the steps taken so far are insufficient, the
Commission may, as a condition of the requested S. C. U. permit,
specify further measures which may be necessary to insure the
security of the building and surrounding neighborhood. On the
other hand, if the Commission feels it is impossible to insure
adequate security, this could be grounds to recommend permit
denial. Denial of the permit would require removal of the
portable building from the church property. One possible way to
improve the security of the building would be through the use of
security lighting.
The next condition states, "the conditions placed on such
use. have been met by the applicant". Should this permit be
approved, it will be staff's responsibility to insure compliance
on the part of the applicant.
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Special Conditional Use Permit Request
Page -5-
The final condition, "that the applicant
any additional conditions imposed," must be
applicant in the course of the Commission and
Hearings.
has agreed to meet
attested to by the
City Council Public
Conclusion:
The request (SCU90-00l) meets Zoning Ordinance prerequisites
and is therefore eligible to be considered for a Special
Conditional Use Permit. Should the Commission recommend approval
of this request, staff ~ould suggest that the follo~ing
conditions be attached to the permit.
1) Landscapinq: The area immediately surrounding this
building shall be landscaped. The purpose of the
landscaping is to improve the aesthetic appearance of
the site. Required landscaping shall not obscure the
vie~ of the building entrance or the surrounding area.
The landscape planting plan shall require approval by
the Director of Community Development. Required
landscaping shall be in place at a date no later than
thirty (30) days from the date of permit approval.
2) Security liqhtinq: All faces of the storage building
containing door or ~indo~ openings shall be illuminated
by security lighting. Such lighting shall be directed
to~ard the building and a~ay from adjacent property
lines. Required lighting shall be in place and
functional at a date no later than thirty (30) days
from the date of permit approval.
Options:
1) Approve permit
A) As requested by applicant
B) With conditions suggested by staff
C) With additional or amended conditions
II) Deny permit
III) Table request for further consideration at a future
date.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested:
April 9~ 1990
Requested by: Joel Albrecht
X Report
Dept: Community Develooment
Resolution Ordinance
Exhibits:
1)
2)
3)
Special Conditional Use Permit ISCU90-002
Planning & Zoning Commission Transmittal
letter
Staff Report and Exhibits
=================================================================
SUMMARY & RECOMMENDATION
Summary:
The La Porte Planning and Zoning Commission, at its
March 22, 1990, Public Hearing and regular meeting,
considered Special Conditional Use Permit Request ISCU90-
002. The purpose of this request, which has been submitted
by International Cargo Network, is to allow the development
of an Industrial Planned Unit Development. The proposed
complex is to consist of offices, a refrigerated (frozen
food) warehouse with truck and rail loading docks, a
container staging area, and an employee's park. The complex
is to occupy an approximately 32.5 acre tract which is
located on the east side of North Broadway between Barbour's
Cut Blvd. and the East Adams Street right-of-way. (A
complete legal description is included in the attached
Special Conditional Use Permit ISCU90-002).
Recommendation:
The Planning and Zoning Commission has, subject to the
conditions noted on the attached Special Conditional Use
Permit ISCU90-001, recommended approval of this request.
Ootions:
I. Approve Request
A) As recommended by Planning and Zoning
Commission
B) With amended or additional conditions
II. Table request for further consideration at a future
date
III. Deny request
Action Required by Council:
I. Hold Public Hearing to consider Special Conditional Use
Permit Use Request 'SCU90-002
II. At close of Hearing, call vote to consider approval or
denial of permit SCU90-001.
=================================================================
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: ___YES ___NO
=================================================================
Aooroved for City Council Aqenda
JZT~
Robert T. Herrera
City Manager
~\~\'\O
DATE
====================================================~============
.
.
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte zoning Ordinance, notice is hereby given that the La
Porte city Council will conduct a public hearing at 6:00 P.M. on
the 9th day of April, 1990, in the Council Chambers of the city
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to hear a request from International Cargo
Network, represented by Mr. Don R. Holloway, for a Special
Conditional Use Permit to allow development of a Planned Unit
Development (PUD) to consist of a refrigerated (frozen food)
warehouse complex. This request is for the following:
Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433,
434,435;
All of Block 980;
Lots 1-16 of Blocks 415, 420, 438, Town of La Porte
Tyler Street from the east right-of-way of North Broadway to
the west line of the alley in Blocks 415 and 420;
Madison Street from the east right-of-way of North Broadway
to the west line of the alley in Blocks 420 and 433;
Iowa Street from the north right-of-way of Adams Street to the
south right-of-way of North "E" Street;
Kansas Street from the north right-of-way of Adams Street to
the south right-of-way of North "E" street;
Utah Street from the north right-of-way of Madison Street to
.the south right-of-way of North "E" street
Current zoning of the property is as follows:
Blocks 416, 417, 418, 419: PUD
Blocks 415, 420: R-2, Mid-Density Residential
Blocks 432, 433, 434, 435, 438, 980: Business Industrial
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to the city Council.
citizens wishing to address the Council pro or con during the
Public Hearing will be required to sign in before the meeting is ~
convened.
CITY OF LA PORTE
Cherie Black
city Secretary
,.~,~"p'W 'PI'W.",e, I'll'. " " ',I" '.' , .
. CITY OF LA 'OR TE
PHONE(7131471,5020
.
P. O. Box 1 1 15
.
LAPORTE,TEXAS77572-1115
March 27, 1990
Honorable Mayor Norman Malone and City Council
City of La Porte
RE: International Cargo Network Inc.:
Permit Request SCU90-002
Special Conditional Use
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, at its March
22, 1990, Public Hearing and regular meeting, considered Special
Conditional Use Permit Request 'SCU90-002. The purpose of this
request, which has been submitted by International Cargo Network,
is to allow the development of an Industrial Planned Unit
Development. The proposed complex is to consist of offices, a
refrigerated (frozen food) warehouse with truck and rail loading
docks, a container staging area, and an employee's park. The
complex is to occupy an approximately 32.5 acre tract which is
located on the east side of North Broadway between Barbour's Cut
Blvd. and the East Adams Street right-of-way. (A complete legal
description is included in the attached staff report).
The Commission has recommended that the applicant's Special
Conditional Use Permit, if approved, have the following
conditions attached.
Special Conditions
1) The Barbours Cut Driveway entrance be a minimum of
thirty (30) feet wide.
2) The applicants shall dedicate a twenty (20) feet wide
utility easement along the eastern boundary of North
Broadway. This easement shall run north/south along
the entire length of the I.C.N. tract.
3) A thirty (30) feet landscaped setback area shall be
developed on the southern and eastern faces of the
staging area. Landscaping shall be developed in
accordance with a landscape plan which is to be
approved by the Director of Community Development.
e
e
Page -2-
The Planning and Zoning Commission has, by unanimous vote
and subject to the above listed conditions, recommended approval
of Special Conditional Use Permit Request #SCU90-002.
Respectfull~
J et Graves, Chairman
PI nning and Zoning Commission
JG/msl/cs
cc: Planning and Zoning Commission Members
e
e
CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
Ordinance 11501
Permit No. SCU90-002
CLP Job No.
N/A
This permit issued to:
Don R. Holloway
Owner or Agent
600 Jefferson st. Suite 555
Houston~ Texas 77002
Address
For Development of:
International Cargo Network Inc.
Development Name
502 North Broadway
Address
Leaal DescriQtion is attached as
Exhibit A
Legal Description
Zoning: PUD; BI: R-2
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
contemplated 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
(See Exhibit B)
Validation Date:
Zoning Administrator
City Secretary
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SPECIAL CONDITIONAL USE PERMIT SCU90-002
LEGAL DESCRIPTION:
INTERNATIONAL CARGO NETWORK
LOT AND BLOCK DESCRIPTION
Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432,
433, 434, 435;
All of Block 980;
Lots 1-16 of Blocks 415, 420, 438, Town of La Porte;
Tyler Street
Broadway to the
and 420;
from the east right-of-way of North
west line of the alley in Blocks 415
Madison Street from the east right-of-way of North
Broadway to the west line of the alley in Blocks 420
and 433;
Iowa Street from the north right-of-way of Adams Street
to the south right-of-way of North "E" Street;
Kansas Street from the north right-of-way of Adams
Street to the south right-of-way of North "L" Street;
Utah Street from the north right-of-way of Madison
Street to the south right-of-way of North "E" Street;
EXHIBIT A
e
-
SPECIAL CONDITIONAL USE PERMIT SCU#90-002
LEGAL DESCRIPTION:
INTERNATIONAL CARGO NETWORK
MEETS AND BOUNDS DESCRIPTION
Being 32.6970 acres out of the Johnson Hunter Survey, A-35,
Harris County, Texas also being Lots 1 through 16 in Blocks 415,
420 and 438, Lots 1 through 32 of Blocks 416, 417, 418, 419, 432,
433, 434 and 435 according to the Map of La Porte, Texas recorded
in Volume 83, page 345 of the Deed Records of Harris County,
Texas; and all of Block 980 according to the Map of La Porte,
Texas recorded in Volume 1, Page 27 of the Map Records of Harris
County Texas said 32.6970 acres contains 9.0514 acres of road and
alley rights-of-way that are to be abandoned by the City of La
Porte and being more particularly described as followed:
BEGINNING at a 5/8" iron rod set at the intersection of the east
line of North Broadway (100' R.O.W.) and the north line of Adams
Street (80' R.O.W.);
THENCE NORTH along the
1340.00 feet to a 5/8"
east line of Broadway
Street (60' R.O.W.);
east line of North Broadway a distance of
iron rod set at the intersection of the
Street and the south line of North "E"
THENCE EAST along the south line of North "E" Street a distance
of 672.00 feet to a 1" pinched iron pipe found at the
intersection of the south line of North "E" Street and the east
line of Kansas Avenue (80' R.O.W.);
THENCE NORTH along the east
4460.00 feet to a 5/8" iron
east line of Kansas Avenue
BId. (80' R.O.W.);
line of Kansas Avenue a distance of
rod set at the intersection of the
and the south line of Barbours Cut
THENCE EAST along the south line of Barbours Cut Blvd. a distance
of 125.00 feet to a 5/8" iron rod found at the intersection of
the south line of Barbours Cut Blv. and the west line of a 16
foot wide alley right-of-way;
THENCE SOUTH along the west line of said alley right-of-way a
distance of 460.00 feet to a 58" iron rod set at the intersection
of the west line of said alley right-os-way and the south line of
North "E" Street (60' R.O.W.).
EXHIBIT A
e
-
INTERNATIONAL CARGO NETWORK
MEETS AND BOUNDS DESCRIPTION
PAGE -2-
THENCE EAST along the south line of North "E" Street a distance
of 747.00 feet to a 5/8" iron rod set at the intersection of the
south line of North "E" Street and the west line of Ohio Avenue;
THENCE SOUTH along the west line of Ohio Avenue a distance of
400.00 feet to a 5/8" iron rod set at the intersection of the
west line of Ohio Avenue and the north line of Madison Street
(80' R.O.W.);
THENCE WEST along the
747.00 feet to a 1/2"
north line of Madison
alley right-of-way;
north line of Madison Street a distance of
iron pipe found at the intersection of the
Street and the west line of a 16 foot wide
THENCE SOUTH along the west line of said 16 foot wide alley
right-of-way a distance of 940.00 feet to a 5/18" iron rod set at
the intersection of the west line of said 16 foot wide alley
right-of-way and the north line of Adams Street (80' R.O.W.);
THENCE WEST along the north line of Adams Street a distance of
797.00 feet to the POINT OF BEGINNING and containing 32.6970
acres of land with 9.0514 acres of said 32.6970 acres being
situated within existing road and alley rights-of-way.
EXHIBIT A
e
e
SPECIAL CONDITIONAL USE PERMIT SCU90-002
INTERNATIONAL CARGO NETWORK
PERMIT CONDITIONS
I .
The Barbours Cut driveway entrance width shall be a
minimum of thirty (30) feet.
II. A utility easement, twenty (20) feet in width shall be
dedicated to the City. The easement shall be located
on the eastern edge of the North Broadway right-of-way
and run from the property corner located at the
intersection of North Broadway and the northern
boundary of the East Adams Street right-of-way, north
for a distance of 1,340 feet to the property corner
located at North Broadway and the southern boundary of
the North "E" Street right-of-way.
An agreement dedicating this easement to the City of La
Porte shall be executed prior to the issuance of any
construction permits for this project.
III. A landscaped setback area, at least thirty (30) feet in
depth shall be developed along the southern and eastern
faces of the container staging area. A landscape
planting plan for this area shall be submitted for
review by the Director of Community Development. No
construction permits for the project shall be issued
until such time as the Director has deemed the plan to
be satisfactory and granted his approval.
EXHIBIT B
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
e
e
SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU90-002
EXHIBIT INDEX
Survey Map
Zoning Map Excerpt
General Plan
Land Use Plan Excerpt
Project Construction Schedule
Thoroughfare Plan (4 page exhibit)
North Broadway Improvements and Staging
Area Landscape Buffer
Property Restrictions
Preliminary Drainage and Utilities Report
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Review and Approval by Owner
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- 'Activity Duration
nternation
MAY
711412
Cargo Network
2814
JUN
ifi8125 I 2
Pre
-
Date:
mmary Schedule
For
9
JUL
i6T231301 6
Barbours Cut
March 13, 1990
Aue
3l2ol27
3
Harris
NOV
2fi9l26
County, Texas
J
DEC
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PRIMARY ARTERIAL
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SECONDARY ARTERIAL
LOCAL COLLECTOR
_ EXH1B(f F
EXHIBIT
1500
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I
7
e
e
CITY OF LA PORTE THOROUGHFARE PLAN
The following information was excerpted from the City of La
Porte Thoroughfare. This plan is a component of the City's
Comprehensive Plan. The complete Thoroughfare Plan is contained
in Volume I (pgs 1-12 through 1-29) of the Comprehensive Plan.
The proposed Thoroughfare Plan is a principal component of
the La Porte Master Plan, addressing the specific circulation
needs and proposed land-use requirements. Principal objectives
of the Thoroughfare Plan are to:
o
increase accessibility to
the local street system
system,
and from La Porte by tying
to the regional thoroughfare
o
maximize
the street
mobility within the community by separating
system local traffic from through traffic,
o link major activity anc employment centers in order to
reduce local travel times,
o discourage heavy truck traffic destined to Barbours
Cut, industrial areas in the City's extraterritorial
limits, and industrial areas within city limits from
using local city thoroughfares, and
o provide the necessary thoroughfare capacities to serve
adequately future traffic growth.
Planning principles that govern the Thoroughfare
were adhered to during its development are:
thoroughfares, local streets should ~e indirect
discontinuous, discouraging through traffic.
Plan and
Unlike
and
Thoroughfares are generally classified by their capacity and
function.
Local Collectors These streets are four-lane
undivided local roads in which two lanes are moving
lanes and two lanes are designated for parking. Peak-
hour traffic capacity for these roads is in the range
of 400-600 vehicles per hour per lane. Intersections
on these thoroughfares are generally signed only at
1/4-mile intervals. The primary function of these
streets is to distribute local traffic within the
neighborhood areas.
EXHIBIT F
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-38-
TABLE 5-1
LA PORTE STREET CLASSIFICATION SYSTEM
CLASSIFICATION
R.O.W. PAVEMENT WIDTH
WIDTH (CURB TO CURB)
ifg~1l_______1Eggtl~
MAJOR THOROUGHFARES
TRAFFIC
, LANES
Controlled Access
Highway (SH 146/225)
4-10
(Determined by TSDHPT) *
Semi-Controlled Access
nighway (Fairmont Pkwy)
4-8
(Determined by Harris County
Commissioners Court)
Primary Arterial
4-6
120
Dual 37'sections
with 26' median
OTHER THOROUGHFARES
Secondary Arterial 4 100 Dual 25' sections
Class 100/50 with 30' median
Secondary Arterial 4 80 Dual 25' sections
Class 80150 wi center turn lane
COLLECTOR STREETS
Class 70/40
2
Class 60/36
2
2
70
60
60
40' wi curb parking
36' wi ctr. turn lane
Class 60/32
321
NEIGHBORHOOD STREETS AND ALLEYS
Local Streets
2
Private Streets
2
50
28
28
28
Public and Private
Alleys and
Private Drives
2
20
20
* Texas State Department of Highways and Public Transportation
EXHIBIT F
. . - - - - - - - - - .. ~ 1M; -.r; -~ "-1 _J _J
1-16
- - - - - - - - - - - - - - -
TABLE 2 - LA PORTE COMPREHENSIVE PLAN .
THOROUGHFARE PLAN - THOROUGHFARE CAPACITY PARAMETERS
Daily Totai
Hourly Practical Daily Capacity Number Capacity
Thoroughfare Typical Capacity (Vehicles (Vehicles per of Moving (Without
Classification ROW (feet per Hour per Lane) Day per Lane) Lanes Expansion)
Controlled
Access Highway +300 1,700-1,800 13,000 8 104,000 e
Semi-Controlled
Access Highway 260 800-1,000 9,000-11,000 8 72,000-88,000
Primary
Arterial 120 600-800 7,000-9,000 4 28,000-36,000
Secondary
Arterial 100 <600 <7,000 4 <28,000
Local
Collector 60 400-600 5.000-6.000 2 10.000-12.000
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It is the intention of International Cargo Network, L.P. to construct
and operate a refrigerated warehouse and transportation terminal at 502
North Broadway, Laporte, Texas. (The purpose of the facility is to
serve the Port of Houston with refrigerated storage and handling
facilities as well as intermodal transportation services.
The site is designed to promote security and efficient internal traffic
flow. The majority of truck traffic will involve the movement of ocean
containers. For this reason, ICN will construct the North/South road
from Barbours Cut Boulevard into the site. This traffic can then be
primarily focused to the North and East sections of the site and
minimize that type of movement on and off North Broadway. Trucks can
move to either side of the building entirely within the site.
Commercial interstate trucks will primarily use the North Broadway
entrance to the facility. This type of truck traffic will represent
approximately 30% of the total truck traffic at the facility. Company
policy will state, and signs will be posted discouraging truck traffic
from proceeding South on Broadway beyond the ICN site. All points of
ingress and egress will have controlled access gates.
There will be 24 hour on site security along with all developed areas
being fenced and lighted. Developed areas fronting on North Broadway
will have landscaped buffers. The East side of the property will have a
park area buffer. This park is for the use of ICN employees and the
citizens of Laporte on an appointment basis.
H9-30
EXHIBIT H
e
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MARCH 16, 1990
SUBJECT:
Planning and Zoning Commission
Joel H. AlbreCh~ector of Community Development
International Cargo Network, Inc., Preliminary Drainage
and Utility Report
TO:
FROM:
I have reviewed the preliminary drainage and utility plan
for the proposed I.C.N. Development and find them, as preliminary
plans, to be satisfactory.
Drainaae:
The storm water drainage system capacity for this complex is
based on a "three year rainfall event." The City finds this to
be an adequate design parameter. The final drainage plan, which
must be submitted for City approval must, include calculations
which verify the design parameters. Additionally, the applicants
will be required to obtain development permits from Harris County
Flood Control. Acquisition of these permits will be a pre-
requisite for approval of construction permits.
Utilities:
Regarding the issue of utilities, two areas must be
considered. The first deals with existing utility lines which
cross the I.C.N. tract. There is currently an eight (8) inch
potable water line located in the portion of the Madison Street
right-of-way to be closed and purchased by I.C.N. This line is
to be re-routed, at I.C.N. 's expense. I.C.N. is proposing to
grant a fifteen (15) foot wide easement to the City (See Exhibit
C). The re-routed Madison Street water line will be located
within this easement.
Dedication of this easement and re-routing (as well as
acceptance) of the water line will be pre-requisites for issuance
of construction permits.
There is also an overhead Houston Lighting and Power Company
transmission line which extends onto this tract from the south
along the Kansas Street right-of-way. This line will remain but
be raised to accommodate rail spur traffic. An electric line
which also enters the tract along Kansas and then turns west
along Tyler, will be removed and re-routed along Adams Street
(See Exhibit C).
EXHIBIT I
e
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Page -2-
The other aspect of the utility issue to be examined is the
provlslon of utilities to the I.C.N. facility. Potable water
will be provided from the eight (8) inch Madison street water
line. The City has performed a flow test on this line. The test
results indicate adequate water for both domestic and fire
protection needs.
Sanitary sewer service will be provided from North Broadway.
As the I.C.N. facility is designed and intended solely for
warehousing, sewer discharge should primarily consist of normal
sanitary waste. Provision of adequate sewer service does not
appear to pose a problem.
A final issue regarding utilities relates to the City's plan
to eliminate lift station number nine (9). This station will be
eliminated once a new North Broadway line is in place. In order
for the line to be placed, a twenty foot (20) utility easement
will be required. This easement is to be located adjacent to the
east boundary of the North Broadway right-of-way.
In order to facilitate this project, I.C.N. will be required
to provide a twenty (20) foot easement along the North Broadway
face of their property. This will only entail five (5)
additional feet to the fifteen (15) foot easement already
proposed on the northern third of the site to twenty (20) feet
continuing south to the Adams Street right-of-way (See Exhibit
G). Secondly, the eight (8) inch water line will have to be
relocated within the easement to allow room for the new sanitary
line.
Subject to the concerns mentioned above, the preliminary
utility plan proposed for this project is satisfactory.
EXHIBIT I
--. ........ -- - - - ...- - - - - - -
e e
MEMORANDUM
DATE: March 16, 1990
TO: Scott Brinks
FROM: Gabe Bove
SUBJECT: INTERNATIONAL CARGO NETWORK
BARBOURS CUT
PROJECT #5322
The following paragraphs describes the drainage design, per your
request of March 15, 1990:
The existing site drains from north to south along
roadside ditches at Kansas Avenue and N. Broadway
street to a major outfall ditch on the north side of
Adams Street (east and west) .
We propose to construct an on site stormwater collection
system (based on a three year rainfall event) which will
pipe water to two north-south drainage ditches. The major
ditch will run approximately from the north property line
south to the Adams Street outfall. This ditch will be in
the old Kansas Avenue right of way (closed) and will drain
approximately 2/3 of the site. A second ditch will be
constructed by regrading the east ditch in N. Broadway
Street. Culverts will be provided at all driveways and road
intersections.
Please call if we can be of further assistance.
GMB/ew
xc: City of LaPorte
EXHIBIT I
e
CITY OF LA PORTE
e
RECEIVED
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
~,:J '000
Lu
{~I)DE ENFORCEMENT
----------------------------------------------------------------------
OFFICE USE ONLY:
Fee: $100.00
Application No.: ~~~~
Date Recelved: ~ t
Receipt No.: (')7
Certified Plans Submitted:
(Y) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
----------------------------------------------------------------------
Person Making Request:
Interna~ionRl CRrgo ~f>t"w.Qrk, T P
Hailing Address:
600 Jp.ffpn;on, Sl1irl" "i"i"i
City/State:
Houston. TX 7700?
Phone: (713) 951-0055
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
Tnt"l"rn::lri nT1::l1 r.~rBo 1TQtuork
502 N. Broadway, LaPorte, TX 77571
See attached
ZONE:
BI/PUD
SIC USE CATEGORY:
4222
TYPE OF BUSINESS:
3/15/90
Date
Refri ~prRrpc1 W::lrl"'hnl1c,;pg
o"~e~ 1~ Agent
----------------------------------------------------------------------
OFFICE USE ONLY
Date of City Council Meeting:
?/J-J.../q()
i '
" I / ~ j , ,/)
_ 1-" u..
t. -, I
I
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Recommendation:C!) or N
Date of P & Z Public Hearing:
Approved: Y or N
Zone: r./ ,/ : i:: .-
',.... _.
;, -.---.
This application is:
Approved ( )
Permit 11
Denied ( )
CLP JOB 11
(If Assigned Yet)
Conditions:
Zoning Administrator
Date
CED/1-'87
e
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SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-002
Requested By:
International Cargo Network
represented by Mr. Don Holloway
Inc. ,
Requested For:
Lots 1-32 and alleys of Blocks 416, 417,
418, 419, 432, 433,434, 435; All of Block
980; Lots 1-16 of Blocks 415, 420, 438,
Town of La Porte; Tyler Street from the
east right-of-way of North Broadway to the
west line of the alley in Blocks 415 and
420; Madison Street from the east right-
of-way of North Broadway to the west line
of the alley in Blocks 420 and 433; Iowa
Street from the north right-of-way of
Adams Street to the south right-of-way of
North "E" Street; Kansas Street from the
north right-of-way of Adams street to the
south right-of-way of North "E" street;
Utah Street from the north right-of-way
of North "E" Street. (See Exhibit A).
Zoning:
Current zoning of the property is as
follows:
Blocks 416, 417, 418, 419: PUD, Planned
unit Development
Blocks 415, 420:
Residential
R-2, Mid-Density
Blocks 432, 433, 434, 435, 438, 980:
Business Industrial
(See Exhibit B)
Purpose of the Request: To allow development of a Planned Unit
Development which is to consist of a
Refrigerated (frozen food) warehouse
complex (See Exhibit C).
Backqround:
As this is the first Planned Unit Development (PUD) to be
proposed under Ordinance 1501, it will probably be useful to begin
this report by referring to Zoning Ordinance Section 8-100. This
section which summarizes the intent and purpose behind PUD
development guidelines, states:
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Page -2-
The purpose of this district is to provide for the
grouping of land parcels for development as an integrated
coordinated unit as opposed to traditional parcel by
parcel, piecemeal, sporadic and unplanned approach to
development. This section is intended to introduce
flexibility of site design and architecture for the
conservation of land and open space through clustering
of buildings and acti vi ties through condi tional use
provisions. It is further intended that Planned unit
Developments are to be characterized by central
management, integrated planning and architecture, joint
or common use of parking, maintenance of open space and
other similar facilities, and a harmonious selection and
efficient distribution of uses.
Analvsis:
As this is an Industrial PUD, it must first be established
that the requirements of section 10-103.4 of the Zoning Ordinance
have been satisfied. Paragraph "a" of this section states:
The intent of this section of the Ordinance is to
establish provisions for the granting of a conditional
use permit to erect Planned unit Development -Commercial
and Industrial projects which are in compliance with the
permitted and conditional uses allowed in a specific
district in one (1) or more buildings in relation to an
overall design, an integrated physical plan and in
accordance with the provisions and procedures in this
Ordinance.
As noted in the heading section of this report, the ICN
complex is proposed for a multi-zoned tract. Approximately 16
acres (50%) of the Tract has a zoning designation of Business
Industrial. Approximately 13 additional acres (40%) has been zoned
as P.U.D. with an underlying land use designation of "Commercial
Industrial" (See Exhibit D). The intended use of the facility is
as a refrigerated warehouse complex. The SIC code designation for
this activity is 4222 (public warehousing). This activity is
listed as permitted in Business Industrial and all other industrial
zones (Section 7-500, Table A, Ordinance 1501). This activity is
therefore acceptable within the use zones for which it is proposed.
The issue of use of the approximately ten per cent (10%) of
the tract which is residentially zoned will be considered in a
later section of this report.
e
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Page -3-
Paragraph "b" of section 10-103.4 requires a mlnlmum project
site of five (5) acres. This tract is comprised of approximately
32.5 acres.
Paragraph "c" requires a mlnlmum of two hundred (200) feet of
frontage on a public right-of-way. Approximately 1,340 feet of the
eastern face of this project will front on North Broadway street.
Paragraph "d" states: "No building shall be nearer than fifty
(50) feet to a side or rear property line... [which] abuts an "R-
1", "R-2", "R-3" or M.H. use district. The project as indicated
on Exhibit C, meets this requirement.
Paragraph "e" deals with landscaping, screening and surfacing.
It includes three subparagraphs:
1) Sub paragraph #1 states: "The entire site, other
than that taken up by structures or landscaping,
shall be surfaced with a material to control dust
and drainage. A review of the applicant's General
Plan indicates compliance with these requirements.
2) Sub paragraphs #2 and #3 will be considered in a
later section of this report. It can however, be
stated at this point that this project as presented
on the applicants General Plan complies with the
requirements of section 10-103.4.
In applying for a Special Conditional Use Permit to allow
construction of this PUD, the applicants, in accordance with the
requirements of section 8-401 of the Zoning Ordinance, have
submitted the following items for review by the Planning & Zoning
Commission and City Council.
I) General Plan (See Exhibit C)
II) Construction Schedule (See Exhibit E)
III) Documentation regarding Property Controls (See Exhibit
F)
The Planning & Zoning Commission and City Council reviews and
evaluations of the proposed project are to be based on the above
documents and are to be undertaken using Sections 8-402 of the
zoning Ordinance as a guide. The section lists ten (10) specific
review criteria. They are:
e
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Page -4-
1. Adequate property control is proposed to protect the
individual owners; rights and property values, and the
public responsibility for maintenance and upkeep. (Not
applicable to this reauest).
2. The interior circulation plan plus access from and onto
public right-of-ways does not create congestion or
dangers and is adequate for the safety of the project
residents and the general public.
3. A sufficient amount of useable open space is provided.
(Not applicable to this reauest).
4. The arrangement of uses does not unreasonably disturb
the privacy or property values of the surrounding
residential uses.
5. The preliminary drainage and utility system plans are
adequate based on a report from the Director of community
Development and the final drainage and utility plans
shall be subject to his approval.
6. The development schedule insures a logical development
of the site which will protect the public interest and
conserve the land.
7. The development is in compliance with the requirements
of the La Porte Development Ordinance.
8. Dwelling unit requirements are in general compliance with
the applicable district provisions. (Not applicable to
this request).
9.
The provisions of section 10-200,
procedures of this Ordinance
satisfactorily met.
Conditional Use
are considered
10. The development is in conformance with the comprehensive
plan.
Due to the fact that this will be a single owner, single use
development, item one is not applicable to this request.
Item two deals with interior (traffic) circulation patterns
and the impact [of the development] on the traffic flow patterns
of surrounding rights-of-way. Interior circulation does not appear
to pose a problem. The development will however, have considerable
impact on surrounding traffic flow patterns.
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Page -5-
ICN has provided the following estimate of daily volumes of
truck traffic likely to be generated by the proposed facility:
North Broadway
Driveways
Barbours Cut
Driveways
Long term:
30-40 trucks daily
60-80 trucks daily
75-85 trucks daily
150-170 trucks daily
Near term:
ICN's General Plan (Exhibit C) indicates four (4) driveways.
The primary (truck) access connects to Barbours Cut Blvd. While
the placement of this drive complies with Zoning Ordinance
requirements, the driveway width, at twenty four (24) feet is too
narrow. Widening this drive to at least thirty (30) feet will
bring it into compliance with Zoning Ordinance requirements. (See
Exhibit G).
The city's thoroughfare plan (City of La Porte Comprehensive
Plan Vol. I Exhibit F) classes Barbours Cut Blvd. as a Secondary
Arterial. Barbours Cut is developed as a four (4) lane boulevard
wi th a grassed center median. Based on information currently
available, this road appears capable of accepting, without undue
disruption of traffic flow, the additional traffic likely to be
generated by the I.C.N. complex.
The three (3) North Broadway drives, while secondary will
still handle a significant amount of daily truck traffic as well
as the majority of the daily automobile traffic. These drives, as
proposed, will meet all applicable Zoning Ordinance requirements.
The thoroughfare plan however, designates North Broadway as a
"Local Collector" Street. A "Local Collector" is a street which
is primarily intended "to distribute local traffic within
neighborhood areas (See Exhibit F) . II North Broadway, in accordance
with its intended purpose, is designed and constructed to primarily
accommodate local automobile traffic. I.C.N. is currently working
with Harris County, who has jurisdiction over this section of road,
on upgrading a section of Broadway running from Barbours Cut Blvd.
to the southern most I. C. N . driveway entrance (See Exhibit I). The
improvements currently proposed consist of an upgrading of the road
base and surface as well as the addition of a left turn lane at
Barbours Cut. North Broadway is to remain a two lane road. The
Broadway Barbours Cut intersection is to remain a four-way stop.
Item three (usable open space) is primarily a consideration
in residentially oriented PUD' s and is not applicable to this
request.
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Page -6-
Item four (4) deals with the privacy and property values of
surrounding residential uses and should be considered one of the
central issues of this review. section 10-103.4.e.3 states:
Developments abutting an "R-l", "R-2" , "R-3" or MH
district shall be screened and landscaped in compliance
with required screening and landscaping for the specific
use involved as required in sections 6 & 7, Table B.
There are, as indicated by Exhibit B, three faces of this
proj ect which ei ther abut or extend onto residentially zoned
property. Although designated as a PUD, the proposed ICN facility
is basically Business Industrial in nature. Further, a significant
portion of the complex will lie within a Business Industrial Zone.
The Business Industrial line of Section 7-600, Table B
requires setbacks (when adjacent to residential districts) of fifty
(50) feet to the front, forty (40) feet to the side, and thirty
(30) feet to the rear. Footnote #2 to this table states:
No buildings, parking areas, loading docks, outside
storage, or refuse containers will be allowed in such
setback areas. These areas are to be landscaped with
trees, shrubs and ground cover, wi th a planting plan
required to be submitted and approved by the enforcement
officer.
The portion of the project which will extend into a
residential (R-2) zone is to be occupied by an employee's park.
This park is to be located on the eastern face of the facility,
south of the staging area. The intended use as an employee
recreational facility, which will also be available (by
reservation) to the public, is allowable as a residential activity
(see Exhibit H). Public parks are permitted in all residential
zones, and recreational facilities are (by means of a density
bonus) encouraged within residential developments (Zoning Ordinance
section 5-800G). While the I.C.N. complex is not residential,
their proposal to develop park facilities on the residential
portion of their property is in keeping with the spirit and intent
of the Zoning Ordinance.
Due to the fact that the park is located on I.C.N. property
and an integral part of the development, its other intended use,
as the landscape buffer required by Footnote #2, is also
acceptable.
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Page -7-
The other portion of the facility which will require a
landscape buffer, is the container staging area. The southern and
eastern faces of this area both abut residentially zoned property
(See Exhibit B). Given the overall project layout, it appears to
be within the intent of the ordinance to consider both faces as
part of the "rear" of the complex and therefore subject to a thirty
(30) foot landscape setback (see Exhibi t G). The landscape
planting plan which is to be approved by the Director of Community
Development, will be a component of the Major Development site Plan
which is to be submitted for Commission approval, contingent upon
the granting of the requested Special Conditional Use Permit.
Item five (5) deals with the preliminary drainage and utility
components of the General Plan. The Director of Communi ty
Development has reviewed these items and found the preliminary
plans to be satisfactory. His findings are attached as an adenda
to this report (See Exhibit I).
Item six (6), which deals wi th site development, requires
"logical development" which will "protect the public interest and
conserve the land." While the applicant's General plan, as
required by the zoning Ordinance , indicates the "phase two"
portion of the proposed development. The main emphasis of this
request is on the initial development phase (See Exhibit C). The
applicant's development and construction schedule deals with this
initial phase (See Exhibit E). The schedule, while "tight",
appears to be realistic. It indicates that topographic surveys
and soil investigations have been completed and that the civil
design phase of the project is in progress.
All information provided to staff thus far, indicates a
carefully planned development schedule that adequately addresses
ordinance concerns.
Item seven (7) requires compliance with the requirements of
the ci ty' s Development Ordinance. Based on the General Plan
submitted by the applicants, this development as proposed complies
with the requirements of La Porte Development Ordinance #1444.
Item eight (8) deals with dwelling unit requirements and is
not applicable to this request.
Item nine (9) requires compliance with the Special Conditional
Use procedures of zoning Ordinance section 10-200. This section
establishes Special Conditional Use Permit application and review
procedures as well as setting conditions which must be satisfied
before a Conditional Use Permit may be approved.
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To this date, the applicants have complied with all Special
Conditional Use Permit application requirements. The review of
this application is proceeding in accordance with zoning Ordinance
requirements.
The final portion of this section 10-202 sets the following
criteria for application approval:
1. That the specific use will be compatible with and not
injurious to the use and enjoyment of other property,
nor significantly diminish or impair property values
within the immediate vicinity.
2. That the conditions placed on such use as specified in
each district have been met by the application.
3. That the applicant has agreed to meet any additional
conditions imposed, based on specific site constraints,
and necessary to protect the public interest and welfare
of the community.
These criteria will be further discussed in the conclusion
section of this report.
Item ten (10) requires conformity with the intent of the
Comprehensive Plan. Staff, based on their review of information
thus far submitted, finds only one area of direct deviation from
the comprehensive plans' intent. This has to do with the routing
of heavy truck traffic on North Broadway and the impact of this
traffic on the adjacent commercial and residential districts. If
a portion of North Broadway becomes a commonly used truck route,
truck traffic, without careful control and monitoring, will tend
to"spill over" onto East and West Main Streets and into
neighboring residential districts.
In an effort to prevent this problem from developing, the
applicants have stated that the following steps will be taken:
ICN will construct the North/South road from Barbours Cut
Boulevard into the site. This traffic can then be primarily
focused to the North and East sections of the site and
minimize that type of movement on and off North Broadway.
Trucks can move to either side of the building entirely within
the site. Commercial interstate trucks will primarily use the
North Broadway entrance to the facility. This type of truck
traffic will represent approximately 30% of the total truck
traffic at the facility. Company policy will state, and signs
will be posted discouraging truck traffic from proceeding
South on Broadway beyond the ICN site. All points of ingress
and egress will have controlled access gates (See Exhibit H).
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The Commission and in turn City council, must determine,
first, whether or not the traffic control measures proposed by
degree of deviation from Plan intent is a significant concern.
Conclusion:
This application meets ordinance pre-requisites and is
therefore eligible to be considered for the requested Special
Conditional Use Permit.
As noted earlier in this report, Section 10-202 sets three
conditions for approval of a Special Conditional Use Permit. Once
again these conditions are:
1. That the specific use will be compatible with
and not injurious to the use and enjoyment of
other property, nor significantly diminish or
impair property values within the immediate
This is a determination which will be made by the Commission
and City Council based on input from the appl icants, concerned
ci tizens, staff and the intent of the Zoning Ordinance, Development
Ordinance and Comprehensive Plan.
2. That the condi tions placed on such use as
specified in each district have been met by
the applicant.
Should this request be approved, staff will be responsible
for verifying the applicant's compliance with this requirement.
3. That the applicant has agreed to meet any
addi tional condi tions imposed, based on
specific site constraints, and necessary to
protect the public interest and welfare of the
community.
Should this request be approved, compliance with this
condition will be verified during the Major Development Plan Review
and Construction permitting processes.
In terms of addi tion conditions, staff would suggest the
following:
1) There shall be a thirty (30) foot landscape buffer, as
indicated on Exhibi t G, wi th a planting plan to be
approved by the Director of Community Development, shall
be developed on the eastern and southern faces of the
staging area.
.
.
Page -10-
options:
I) Recommend City Council approval of the request as
submitted by the applicants.
II) Recommend City Council approval of the request with:
A) Conditions suggested by staff
B) Additional or amended conditions
III) Recommend city Council denial of the request.
IV) Table request for further consideration at a future
date.
.
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 9. 1990
Requested By: Robert T. Herrera
Department: Administration
Report
Resolution
x
Ordinance
Exhibits:
Bid
SUMMARY & RECOMMENDATION
The attached Ordinance No. 1696 is recommended by staff for
adoption. This document outlines the sale of approximately 6/10's
of an acre of City owned property that fronts Little Cedar Bayou.
The sole bidder is Berdon Lawrence who wishes to purchase the
property to increase his homestead site.
Mr. Lawrence has submitted a bid in the amount of $200,000.00.
Staff believes this price is fair and equitable and should be
accepted.
Funds from the sale of this property will be utilized for the
purchase of or renovation to the vacant La Porte bowling alley
which was recently acquired by the City. The bowling alley will
become a multi-purpose building which will house the City's Parks
& Recreation Department and provide a better facility for the
Senior citizen's program.
Action Required by Council:
Staff recommends approval of Ordinance No. 1696
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number:
Funds Available:
YES
NO
ADDroved for citv Council Aaenda
(2T~ 4:~~\'tt>
Robert T. Herrera DATE
City Manager
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ORDINANCE NO. 1696
AN ORDINANCE ACCEPTING THE BID OF CHARLES BERDON LAWRENCE, FOR THE
SALE AND CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY
THE CITY OF LA PORTEi MAKING CERTAIN FINDINGS OF FACTi AUTHORIZING
THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED FROM THE CITY OF LA
PORTE TO CHARLES BERDON LAWRENCEi FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAWi 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 has
heretofore, on February 26, 1990, passed Ordinance No. 1678,
reference to which is here made for all purposes, authorizing the
sale of the property described therein by metes and bounds on
Exhibit "A" attached thereto.
Section 2.
The City Council of the City of La Porte further
finds, determines and declares that notice of such sale has been
published in the Bayshore Sun, a newspaper of general circulation of
the City of La Porte, Harris County, Texas, as required by law. The
publisher's affidavit of such publication is attached hereto as
Exhibit "A", incorporated by reference herein, and made a part
hereof for all purposes.
Section 3. The City Council of the City of La Porte finds,
determines and declares that the bid of Charles Berdon Lawrence,
dated March 19, 1990, attached hereto as Exhibit "B", incorporated
by reference herein, and made a part hereof for all purposes, was
the only bid for said property. The City Council further finds,
determines and declares that said bid is reasonable, and that it is
in the best interest of the City of La Porte to accept said bid.
Accordingly, the bid of Charles Berdon Lawrence is accepted, and the
Mayor is authorized to execute and deliver to Charles Berdon
Lawrence, under the terms and provisions of said bid, a Special
Warranty Deed in form attached hereto as Exhibit "C", incorporated
by reference herein, and made a part hereof for all purposes.
Section 4.
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
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ORDINANCE NO. 1696
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 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of April, 1990.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED: . /
ti:;ry U/~~
Knox W. Askins
City Attorney
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La Porte, Texas 77571
(713) 471-1234
1200 Hwy. 146
Suite 180
P,O, Box 1414
re Sun
County of Harris
State of Texas
Before me, the undersigned authority, on this date
carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly new~paper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of March 07, 1990
tV7.J1-?-,J,.;!..'1~/~~.
'-1
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this
A. D. 19 qG' .
L
day of
~/2-L_"f
~c~~~
(_~'<~y1-~~'~ )1"
Notary Public
Harris County,
Texas
EXHIBIT A
e
PUBLIC NOTICE
NOTICE TO BIDDERS
SEALED BIDS ADDRESSED TO THE
CITY SECRETARY OF THE CITY OF LA
PORTE, HARRIS COUNTY, TEXAS,
AND MARKED .SEALED BID #S002"
WILL BE RECEIVED AT THE CITY
HALL, P ,0, BOX 1115, 604 WEST F AI R' '
MONT PARKWAY, LA PORTE.-TEXAS
77571, UNTIL 4:00 P,M., MARCH 21,
1990, FOR THE SALE BY THE CITY OF
LA PORTE OF THAT CERTAIN TRII.CT
OR PARCEL OF LAND, SITUATED ON
THE SOUTH SIDE OF THE MOUTH OF
LITTLE CEDAR BAYOU, AND MORE
PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS,
TO-WIT:
METES AND BOUNDS
DESCRIPTION
0,6035 ACRE TRACT
Being a proposed 0,6035 acre (26,288
sq. It.) tract comprising part of a 9.4925
acre tract designated "Tract 2" according
to deed filed under Harris County Clerk's
Film CO~ber 183-17-2544 at. seq"
and bei g p t of Lots 22 and 23, W,B,
Lowrance~divi on, Johnson Hunter
Survey, A-35 La orte, Harris County,
Texas; plat sai ubdivision recorded in
Volume)1 " P e 596, .bl8t2i County
Deed Records ho 6d35 a e tract is
more particul, y ~gS2r bed by . etes and
bounds as I 1I0ws:
Commencing \u e Sout est corner
or said 9.4925 acre tract and from which a
5/8 inch iron rod marking the Northwest
corner 01 that certain Vista Baywood
Apartment tract of land conveyed by
Frank Bonner to George B, Rush and
O'Mera Properties, Inc" on December 10,
1971 (Harris County Clerk's File No,
D-480689) bears ,North 79 degrees ,55
minutes 34 seconds West (Call North 76
degrees 51 'minutes 37 sec~nd
e
West)-41,07 feet. I
Thence, South 79 degrees 55 minutes
2'; seconds East (Call South 76 degrees
'51 minutes 37 seconds East); coincident
with the South boundary line of the said
9,4925 acre tract and the North boundary
line of said Vista Baywood tract; a dis-
tance of 774.06 feet to the Northeast cor-
ner of said Vista Baywood tract, the North-
west corner of a 0,9591 acre tract as
surveyed by H.Carlos Smith, Engineers &
Surveyors, Inc., on March 2 through 4,
1983; said corner being the Southwest
corner of this 0,6035 acre tract and tho
POINT OF BEGINNING.
Thence', North 25 degrees 16 minutes
18 seconds East; passing at 110,00 feet a
5/8 inch iron rod set on line; passing at
145,00 feet a 5/8 inch iron rod set on line;
for a total distance of 164,82 feet to a point
for corner on the South shoreline of Little
Cedar Bayou,
Thence, in a Southeaste'rly direction;
following the South shoreline of Little
Cedar Bayou and coincident with the 1,0
feet contour line (based on 1978,
U.S.G,S, datum).
South 45 degrees 27 minutes 35
seconds East a distance of 7458 feet to a
point for corner.
South 58 degrees 54 minutes 32
seconds East a distance of 61.51 feet to a
point for corner,
South 60 degrees 20 minutes 43
seconds East a distance of 69,36 feet to a
point for corner,
South 38 degrees 05 minutes 16
seconds East a distance 01107,26 feet to
a point for corner.
Thence, North 79 degrees 55 minutes
34 seconds West (Call North 76 degrees
51 minutes 37 seconds West); coincident
. with the North boundary line of said
0,9591 acre tract; passing at 12,64 feet
the Southeast corner of that certain
0,0508 acre tract leased by Hollywood
Marine from City of La Porte as recorded
under H,C.C.F, No, J-900603; passing at
107,35 feet tho Southwest corner of said
0,0508 acre lease tract; lor a total dis- ~
tance of 307,37 feet to the POINT OF
BEGINNING,
BIDS MUST BE FOR ALL CASH, THE
CITY WILL CONVEY THE PROPERTY
BY SPECIAL WARRANTY DEED, A
CASHIER'S CHECK FOR FIVE PER-
CENT (5%) OF THE AMOUNT BID,
MUST ACCOMPANY THE BID, THE
BIDS WILL BE OPENED AND PUBLICLY
READ fN THE COUNCIL CHAMBERS
IMMEDIATELY AFTER THE CLOSING
HOUR FOR THE BIDS ON SAID DATE.
EACH PROPOSAL MUST BE SUB-
MITTED IN DUPLICATE. FORMS FURN-
ISHED BY THE CITY OF LA PORTE
MAY BE OBTAINED FROM THE CITY
SECRETARY, OF THE CITY OF LA
PORTE, TEXAS, THE CITY RESERVES
THE RIGHT TO REJECT ANY AND/OR
ALL BIDS, TO WAIVE ANY AND ALL
TECHNICALITIES AND TO ACCEPT
ANY BID OR PART THEREOF, WHICH
IN THE OPINION OF THE CITY COUN-
CIL, IS MOST ADVANTAGEOUS TO
THE CITY,
CITY OF LA PORTE
CHERIE BLAC~
CITY SECRETARY
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O. _ I,'
La Porte; Texas 77571
(713) 471-1234
..
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of March 14, 1990
L,~~~i t~'~2/~~~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me
A.D. 19 9tl .
this ~ day of /7'1/....'.{)
C ~.-A,'rt.C <:-Q lit, ....:JhL~4'--O
Notary Public
Harris County, Texas
FRANCES M. WilLIAMS L.
Nola~ Public ~
STATE Of TEXAS
"'y Comm, up, March ;:6, J ~94
EXHIBIT A
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AND MARKED "SEALED BID 'S002"
WILL BE RECEIVED AT THE CITY
HALL, P,O. rox 1115,604 WEST FAIR.
MONT PARKWAV: U. PORTE, TEXAS
77571, UNTIL 4:00 P.M" MARCH 21,
1990, FOR THE SALE BY THE CITY OF
LA PORTE OF THAT CERTAIN TRACT
OR,PARCEL OF LAND, SITUATED ON
THE SOUTH SIDE OF THE MOUTH OF
LITTLE CEDAR BAYOU, AND MORE
PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS,
TO.WIT:
METES AND BOUNDS
DESCRIPTION
0.6035 ACRE TRACT
PUBLIC NOTICE
NOTICE TO BIDDERS
SEALED BIDS ADDRESSED TO THE
CITY SECRETARY OF THE CITY OF LA
. PORTE, HARRIS COUNTY, TEXAS,
Being a proposed 0,6035 acre (26,288
sq. II.) Iracl comprising part 01 a 9.4925
acto tracl dosicnated -Trael 2- according
10 deed lilod under Harris Counly Clerk's
Film Code Number 183.17.2544 el. seq"
and being part of Lots 22 and 23, W,B,
Lev/ranee Subdivision, Johnson Hunter
Survey, A.35, La Porto, Harris County,
To~~~ 01 said subdivision recorded in
VollI"'o ,Page 596, Harris County
Deed s, 0.6035 acra racl is
moro rticu rly scribed b 10 es and
bounds a 011 : ~
Com ncing the es cprner
ols' .4925a trac nd icha
5/8 Inch iron r mark g the N thwesl
corner 01 tha rtai Visla B ywood
Apartmenl tra 01 I nd conveyed by
..Frank Bonner 0 George B. Rush and
O'Mera Properties,lnc., on December 10,
1971 (Harris Counly Clerk's File No.
D.480689) bears North 79 degrees 55
minutes 34 seconlls West (Call North 76
degrees 51 minules 37 sacond
Wesl).41,07 fool.
Thence, South 79 degrees 55 minules
24 seconds East (Call South 76 degrees
51 minutes 37 seconds East): coincidenl
with the Soulh boundary line ollhe said
9.4925 acre tracl and the North boundary
line 01 said Vista Baywood tracl: a dis.
lance of 774.06 feel 10 the Northeast cor.
ner 01 said Visla Baywood Iracl, the North.
west corner 01 a 0.9591 acre Iracl as
surveyed by H. Carlos Smith, Engineers &
Surveyors, Inc" on March 2 through 4,
1983: said corner being Ihe Southwest
corner 01 this 0.6035 acre tracl and the
POINT OF BEGINNING,
Thence, North 25 degrees 16 minutes
18 seconds Easl: passing alll0.00 feet a
. 5/8 inch iron rod sel on line: passin9 al
145.00 leet a 5/8 inch iron rod sel on line:
lor a lolaldistanco0' 164.82 leelloa point
for corner on Ihe Soulh shoreline ollinle
Cedar Bayou.
Thence, in a Southeaslerly direction:
lollowing the South shoreline 01 linJe
Cedar Bayou and coincident with the 1,0
leel contour line (based on 1978,
U.S,G.S, dalum), .
South 45 degrees 27 minules 35
seconds Easta dislanceol 74.58 leello a
point lor corner.
South 58 degroos 54 minules 32
seconds Easl a dislance 0161.5110e110 a
polnl lor cornor,
South 60 dogreos 20 minulos 43
seconds Easl a distancool 69.36 leello a
point for corner.
South 38 degroos 05 minutos 16
seconds Easta diSlanco of 107,26 1001 to
a point for corner.
Thence, North 79 dogroos 55 minules
34 seconds West (Call North 76 degrees
51 minules 37 seconqs West): coin~idenl
with the North boundary line 01 said
0.9591 ecre Iracl: passing a112.64 loel
the Southeast corner 01 that certain
0.0508 acro tract loosed by Hollywood
Marine Irom City 01 La Porte as recorded
undor H.C.C.F. No. J.900603: passing ot
107.351001 the Soulhwesl corner 01 said
0.0508 acre lease tract: lor a lolal dis.
tance 01 307,37 feel 10 the POINT OF'
BEGINNING,
BIDS MUST BE FOR ALL CASH. THE
CITY WILL CONVEY THE PROPERTY
BY SPECIAL WARRANTY DEED. A
CASHIER'S CHECK FOR FIVE PER-
CENT (5%) OF THE AMOUNT BID,
MUST ACCOMPANY THE BID, THE
BIDS WILL BE OPENED AND PUBLICLY
READ IN THE COUNCIL CHAMBERS
IMMEDIATELY AFTER THE CLOSING
I HOUR FOR THE BIDS ON SAID DATE,
EACH PROPOSAL MUST BE SUB-
MITTED IN DUPLICATE. FORMS FURN-
ISHED BY THE CITY OF LA PORTE
MAY BE OBTAINED FROM THE CITY
SECRETARY, OF THE CITY OF LA
PORTE, TEXAS. THE CITY RESERVES
THE RIGHT TO REJECT ANY AND/OR
ALL BIDS, TO WAIVE ANY AND ALL
TECHNICALITIES AND TO ACCEPT
ANY BID OR PART THEREOF, WHICH
IN THE OPINION OF TilE CITY COUN-
Cil, IS MOST ADVANTAGEOUS TO
THE CITY.
CITY OF LA PORTE
CHFnlF mACK
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BERDON LAWRENCE
POBOX 1343
HOUSTON TEXAS 77251
March 19, 1990
City of LaPorte
City Hall
P. O. Box 1115
LaPorte, Texas 77571
RE: Sealed Bid No. S002
Gentlemen:
This letter will constitute the bid by the undersigned, Charles Berdon Lawrence, to
purchase from The City of LaPorte the property (the "Property") constituting 0.6035
acres (26,288 square feet) in Harris County, Texas, more particularly described on
Exhibit "A" attached hereto. This letter is in response to your request for bids as set
out in the Public Notices section of the Bayshore Sun on Wednesday, March 7,
1990.
Subject to the following terms and conditions, the undersigned offers to purchase
the Property for a total consideration of $200,000 in cash to be paid to the City
concurrently with the delivery of the Deed and Title Policy hereinbelow described.
The undersigned understands that the execution and delivery of the Deed and
Title Policy and payment of the total consideration will occur on a date
established by the City but not later than April 30, 1990. The obligation of the
undersigned to pay the total consideration shall be subject to the City furnishing
to the undersigned the following:
1. At the City's expense, a Special Warranty Deed in a form satisfactory
to the City and the undersigned properly executed and delivered by
the City conveyir.g the Property to the undersigned.
2. At the undersigned's expense. an Owner Policy of Title Insurance
insuring the undersigned's good one) indefeasible title in and to the
Property subject to no exceptions other than (a) the standard printed
exceptions contained in the standard form of Owner Policy of Title
Insurance. (b) the restrictive covenants of record under County
Clerk's File Numbers L446665 and L466001, (c) zoning ordinances of
the City of LaPorte, (d) an exception relating to lack of ingress or
egress to the Property from a dedicated roadway. and (e) any right,
EXHIB IT "B"
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City of LaPorte
March 19, 1990
Page Two
title, interest or claim (valid or invalid) of any character, had or
asserted by the State of Texas or by any other government or
governmental authority or by the public generally (1) in and to
portions of the Property which may be within the bed, shore and
banks of a perennial stream, or of a stream or lake navigable in
fact or in law; or within the bed or shores of the beach adjacent
thereto of a body of water affected by the ebb and flow of the tide;
and (2) in and to the portions of the Property which may be between
the water's edge and the line of vegetation on the upland or for any
claim or right for ingress hereto or egress therefrom.
3.
At the undersigned's expense, evidence that the Property is zoned
R-1 for residential use.
~
As requested in the notice, enclosed is a cashier's check in the amount of $10,00 D
(the "Deposit") constituting 5% of the bid amount. If the undersigned is the
successful bidder and the purchase is consummated in accordance with the
terms and conditions of this letter, the Deposit will be applied as a credit against
the total consideration to be paid to the City as above set out; otherwise, the
Deposit should be returned to the undersigned.
If there are any questions regarding this bid or if it is necessary to make any
clarifications, please contact the undersigned at 868-6400 immediately,
Yours very truly,
r\ r n .I---
\J(~L-\~L-. !--ci.,~
Charles Berdon Lawrence
BL/lar
Enclosure
EXHIBIT "B"
-0
I" ~
r9 cP
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SPEX:::IAL
~ WARRANTY DEED
STATE OF TEXAS }
County of Harris,
'lJRno(u !\1l 2ffiten 2filll Wlle~e Jre~ent~:
THAT
CITY OF LA PORTE, a municipal corporation acting herein by and through
its duly authorized officers
of Harris County,
for and in consideration of the sum
considerations to me in hand paid by
Texas ,hereinafter called Grantor (whether one or more),
of Ten and No/I 00 Dollars ($10.00) cash and other good and valuable
CHARLES BEROOlLLAWRENCE
ADDRESS OF GRANTEE: P.O. Box 1343, HoustoQ~Texas 77251
of Harris County, Texas ,hereinafter called Grantee (whether one or more).
receipt of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto the said Grantee, the following described property, to-wit:
together with all Umprovements located thereon, to-wit:
Being a proposed 0.6035 acre (26,288 sq.ft.) tract comprising part of a 9.4925 acre
tract designated "Tract 2" according to deed filed under Harris County Clerk's Film
Code Number 83-17-2544 et. seq., and being a part of Lots 22 and 23, W.B. Lowrance
Subdivision, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas; plat of said
subdivision recorded in Volume 83, Page 596, Harris County Deed Records. The 0.6035
acre tract is more particularly described by metes and bounds on Exhibit "A" attached
hereto and made a part hereof for all purposes.
This conveyance is made subject to the restriction that no fence may be erected on the
property of a greater height than eight (8) feet and no building may be built
on the property of a greater height than a single story. The foregoing restrictive
covenant shall be in full force and effect for a term commencing on the date hereof
and ending twenty (20) years from the date hereof, on whic~ date the restrictive
covenant shall expire and be of no further force or effect. The. restrictive covenant
shall be a covenant running with the title to the subject property and be binding upon
and enforceable against Grantee, and each purchaser, grantee, owner or lessee of the
subject property. The restrictive covenant shall inure to the benefit of and be
enforceable solely by the Grantor, and any successor municipal corporation. The
restrictive covenant may be terminated prior to the expiration of its tenm only by an
instrument in writing executed by the Grantor or its successor. Further, the
restrictive covenant may be amended from time to time only by an instrument in writing
by the Grantor, or its successor, and all of the then owners of the subject property,
acting unanimously.
"This is a Special Warranty Deed. Grantor warrants the title, by, through, or under
Grantor, but not otherwise."
TO HAVE AND TO IIOLD the above described premises, together with all and singular. the rights and
appurtenances thereto in any wise belonging unto the said Grantee, his heirs and assigns forever. And Grantor
does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend, all and singular
the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever claiming or to
claim the same or any part thereof. Taxes for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reser-
vations. easements, and covenants, if any. applicable to and enforceable against the above described property as
reflected by the records of the county clerk of the aforesaid county.
When this deed is executed by more than one person, or when the Grantee is more than one person, the
instrument shall read as though pertinent verbs and pronouns were changed to correspond. and when executed
by or to a corporation the words "heirs, executors, and administrators" or "heirs and assigns" shall be construed
to mean "successors and assigns."
Executed. this the_day of
April
,19~,
CITY OF IA PORI'E
BY:
NORMAN L. MALONE, Mayor
ATI'EST:
EXHIBIT "C"
('T WDTr. Dr 7\('T/' ('i h' C:nr~.--n f- -,""' ,
STATE OF TEXAS
COUNTY OF HARRIS
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Before me, the undersigned authority, on this day personally appeared
known to me to he the person(s)
whose name(s)
subscribed to the foregoing instrument, and acknowledged to me that _ he -
executed the same for the purposes and consideration therein expressed,
Given under my hand and seal of office this
day of
,A,D,19_.
Notary Public in and for Harris County, Texas
ST ATE OF TEXAS
COUNTY OF HARRIS
}
Before me, the undersigned authority, on this day personally appeared
known to me to be the person(s)
whose name(s)
t " II
subscribed to the foregoing instrument, and acknowledged to me that_ he_
execu,t~d the same for the purposes and consideration therein expressed,
Given under my hand and seal of office this
day of
,A.D. 19._,
Notary Public in and for Harris Coun ty, Texas
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THE STATE OF TEXAS t
COUNTY OF HARRIS j
Before me, the undersigned au thority, on this day personally appeared
NORMAN L. MALONE
MAYOR
of
CITY OF LA POID'E
a corporation, known to me to be the person whose name is subscribed to the foregoing instrullIent, and ac-
knowledged to me that he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated, and as the act and deed of said corporation,
Given under my hand and seal of office this the
day of
,A,D.19~,
Notary Public in and for Harris COllllly, Tcx:is
e METES AND BOUNDS DESCRI4tON
0.6035 ACRE TRACT
Being a proposed 0.6035 acre (26,288 sq.ft.) tract
comprising part of a 9.4925 acre tract designated "Tract 2"
according to deed filed under Harris County Clerk's Film Code
Number 183-17-2544 et. seq.. and being part of Lots 22 and 23,
W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35. La
Porte, Harris County, Texas; plat of said subdivision recorded in
Volume 83. Page 596, Harris County Deed Records. The 0.6035 acre
tract is more particularly described by metes and bounds as
follows:
Commencing at the Southwest corner of said 9.4925 acre tract
and from which a 5/8 inch iron rod marking the Northwest corner
of that certain Vista Baywood Apartment tract of land conveyed by
Frank Bonner to George B. Rush and O'Mera Properties, Inc., on
December 10. 1971 (Harris County Clerk's File No. D-480689) bears
North 79 degrees 55 minutes 34 seconds Wes~ (C~ll Nbrth 76
degrees 51 minutes 37 seconds West)-41.07 feet.
Thence, South 79 degrees 55 minutes 34 seconds East (Call
South 76 degrees 51 minutes 37 seconds East); coincident with the
South boundary line of the said 9.4925 acre tract and the North
boundary line of said Vista Baywood tract; a distance of 774.06
feet to the Northeast corner of said Vista Baywood tract, the
Northwest corner of a 0.9591 acre tract as surveyed by H. Carlos
Smith, Engineers & Surveyors, Inc., on March 2 through 4, 1983;
said corner being the Southwest corner of this 0.6035 acre tract
and the POINT OF BEGINNING.
Thence. North 25 degrees 16 minutes 18 seconds East; passing
at 110.00 feet a 5/8 inch iron rod set on line; passing at 145.00
feet a 5/8 inch iron rod set on line; for a total distance of
164.82 feet to a point for corner on the South shoreline of
Little Cedar Bayou.
Thence, in a Southeasterly direction; following the South
shoreline of Little Cedar Bayou and coincident with the 1.0 feet
contour line (based on 1978, U.S.G.S. datum).
South 45 degrees 27 minutes 35 seconds East a distance
of 74.58 feet to a point for corner.
South 58 degrees 54 minutes 32 seconds East a distance
of 61.51 feet to a point for corner.
South 60 degrees 20 minutes 43 seconds East a distance
of 69.36 feet to a point for corner.
South 38 degrees 05 minutes 16 seconds East a distance
of 107.26 feet to a point for corner.
Thence. North 79 degrees 55 minutes 34 seconds West (Call
North 76 degrees 51 minutes 37 seconds West); coincident with the
North boundary line of said 0.9591 acre tract; passing at 12.64
feet the Southeast corner of that certain 0.0508 acre tract
leased by Berdon Lawrence from City of La Porte as recorded under
H.C.C.F. No. J-900603; passing at 107.35 feet the Southwest
corner of said 0.0508 acre lease tract; for a total distance of
307.37 feet to the POINT OF BEGINNING.
PREPARED FROM OTHER SURVEYS AND NOT SURVEYED ON THE GROUND AT
THIS TIME..
K2-AL
KEVIN A. OLSON
TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524
JOB NO: 2279-89
DATE: JANUARY 27. 1989
REVISION: FEBRUARY 3, 1989: REVISED W. B. LOWRANCE SUBDIVISION
VOLUME NO. AND ADDED POINT OF COMMENCING.
REVISION: MARCH 1, 1989: NEW WEST BOUNDARY LINE LOCATION
REVISION; MARCH 19, 1990: CHANGED LEASE NAME FROM HOLLYWOOD
MARINE TO BERDON LAWRENCE.
EXHIBIT "A"
M & B No. 3
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 9. 1,990
Requested By: Charles E. Smith Department: Police
X Report Resolution Ordinance
Exhibits:
Enclosed letter from Louis Rigby, Purchasing with additional
information.
SUMMARY & RECOMMENDATION
Sealed bid #371, on the crime prevention
City Hall March 26. Bids were mailed to eight
responded.
Les marks was low bidder in the amount
recommend accepting this bid.
van, was opened at
dealers and three
of $12003.29. We
Action Required by Council:
Approve recommendation to purchase crime prevention van from Les
Marks.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
X Other (Motor Vehicle Funds) ~v..l~-e~~J ~ \ 1., I era
Account Number: 009-502-508-851 Funds Available: -X YES NO
ADDroved for City Council Aqenda
J\l~~
Robert T. Herrera
City Manager
Li/41,u
DATE
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LA PORTE POLICE DEPARTMENT
INTEROFFICE MEMO
TO:
Bob Herrera, City Manager /1/1
Charles E. Smith, Chief of POliC~~
FROM:
SUBJECT:
Purchase of Crime Prevention Van
DATE:
April 4, 1990
Bob,
The sealed bid #371, on the crime prevention van, was opened
at city hall March 26, 1990. Bids were mailed to eight dealers
and three responded.
Les Marks was low bidder in the amount of $12003.29. We
recommend accepting this bid.
Charles
..
REQUEST FO~TY COUNCIL AGENDA ITEM 4It
Agenda Date Requested:
April 9, 1990
Requested By:
L. Rigby
Department:
Pllrr.},;::I I': i n g
Resolution
Ordinance
Report
Exhibits: Memo to City Manager
Bid Tabulation
SUMMARY & RECOMMENDATION
Sealed bids for pick up trucks were opened and read on April
2, 1990. Trucks being bid were for the following departments:
items I and II - Customer Service, item III - Equipment Services
and Wastewater Collection, item IV - Golf Course.
Low bids meeting specifications are as follows:
Item I - Les Harks Chevrolet $12,280.15
Item Il- Les Marks Chevrolet - 10,851. 33
Item III Knapp Chevrolet 30,518.00
Item IV- Flower Motor 10,962.60
Total
- $64,612.08
,
Honies for items I, II, and III were budgeted in the motor
pool replacement fund for fiscal year 1990. Item IV will be
paid from the Golf Course 1986 General Obligation Bonds.
Action Required by Council:
Approve awarding bids to low bidder meeting specifications.
Availability of Funds:
Water/Wastewater
General Revenue Sharing
General Fund
Capital Improvement
X Other1986 G.O. Bonds
Hotor Pool Replacement
Account Number: v;::Ir; 0118
Funds Available: ~ YES NO
Approved for City Council Agenda
G~
Robert T. Herrera
City Manager
4 \4 \ ~ 0
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 3, 1990
TO:
Robert T. Herrera, City
SUBJECT:
Sealed Bid #0368 - Pick
Manager
Manage~
Up Trucks
FROM:
Louis Rigby, Purchasing
Advertised, sealed bids #0368 for pick up trucks were opened
and read on April 2, 1990. Bid requests were mailed to eight
dealers with three returning bids.
Low bids, by section are as follows:
I.
II.
III.
IV.
1/2 Ton PU W/ Service Body
1/2 Ton Pick Up
1 Ton W/ Utility Service Body (2)
1/2 Ton Pick Up
- Les Marks
- Les Marks
- Knapp Chev.
- Flower Motor -
- $12,280.15
10,851. 33
15,259.00
10,962.60
I will submit an agenda request form and take this item before
Council on April 9, 1990.
LR/gr
Attachment: Bid Tabulation
xc: Steve Gillett w/ attachment
Alex Osmond, w/ attachment
Jeff Litchfield, w/ attachment
.
SEALED BID 110368 LES MARKS FLOWERS KNAPP
PICK UP TRUCKS CHEVROLET MOTOR CHEVROLET
COMPANY
I. 1/2 TON PU wi SERVICE BODY 12.280.15 12.351.71 12 787.00
II. 1/2 TON PICK UP 10.851.33 11.265.86 11. 331. 00
III. 1 TON W/ UTILITY SERVICE BODY 15,436.67 15,744.59 15,259.00
IV. 1/2 TON PICK UP 10,993.83 10,962.60 11,426.00
DELIVERY IN DAYS 90-120 90-120 90
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DATE:
City Council &
T. Herrera, City Manager
TO:
FROM:
oerns, Assistant City Manager
SUBJECT: Abbott Development Company
Request for Utility Service Outside the City Limits
At their March 26 meeting, Council agreed to discuss Abbott
Development Company's request at a workshop setting to be followed
by an item for Council action. It was my understanding that
Council wanted Staff to develop the information necessary to
discuss restitution as well as a contract for provision of
temporary service. Since that meeting staff has been working with
Deer Park to assemble necessary information. We are, however, not
at a point that we can effectively discuss restitution and contract
provisions. If discussed at Mondays meeting we would not have the
appropriate information to act upon. I recommend that Council
discuss this at either a Workshop on Monday, April 16 or the April,
23 meeting.
.
I have discussed this with Mr. Abbott, and although he wishes
things were moving quicker, he has decided not to appear at the
Monday, April 9 meeting since no recommended action can be taken.