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Home My WebLink About1991-02-11Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 11, 1991 1. The meeting was called to order by Mayor Malone at 6:05 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay (arrived at 6:23 P.M.), B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Police Chief Bobby Powell, Director of Public Works Steve Gillett, Human Resources/Purchasing Manager Louis Rigby, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Golf Course Manager/Pro Alex Osmond, Golf Course Superintendent Dennis Hvalaty Others Present: John Black, Bayshore Sun; 17 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the regular meeting of Council held January 28, 1991. Motion was made by Councilperson Porter to approve the minutes of January 28 as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays (Councilperson Gay had not yet arrived). Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None Councilperson Skelton noted that there had been a workshop called regarding the beer and wine license for Longhorn Lounge, and that since the workshop had not been held, he felt anyone wishing to speak on that subject at this meeting should be allowed to do so under item number 6. 4. The Mayor proclaimed the month of February as "American Heart Month." 5. The following citizens addressed Council: (1) Mike Knott, regarding the flooding problem on Lemon Lane; (2) R. E. Pickering, regarding the flooding problem on Lemon Lane; (3) Rev. Randy Gilchrist, in opposition to granting a wine and beer on premise permit to Longhorn Lounge. Minutes, Regular Meeting, La Porte City Council February 11, 1991, Page 2 6. Council considered an ordinance granting a wine and beer on premise permit for Longhorn Lounge. This item had been tabled at the meeting held on January 25, 1991. Council was asked by Mayor Malone if they had any objections if citizens wished to address this item at that point, since the scheduled workshop had not been held. There were no objections from Council regarding citizen input. The Mayor asked for citizen input; there was none. The City Attorney read: ORDINANCE 1000-AA - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREA HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. otion was made by Councilperson Cooper to denv adoption of Ordinance 1000-AA. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays (Councilperson Gay had not yet arrived). Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 7. Council considered a resolution authorizing staff to act as representative in a grant application to Texas Parks and Wildlife. The City Attorney reviewed the resolution for Council. Motion was made by Councilperson Skelton to approve Resolution 91_02. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: Nays 8. Council considered a consent agenda, as follows: (A) Consider awarding a bid for chemicals and fertilizers; (B) Consider awarding a bid for batteries; (C) Consider awarding a bid for hot mix asphaltic concrete - Mod D. • Minutes, Regular Meeting, La Porte City Council February 11, 1991, Page 3 Motion was made by Councilperson__Sutherland to a~Drove the consent agenda as presented. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Administrative Reports A. A proposal has been received from the Fairmont Park Homeowners Association to make a gift to the City of the Fairmont Park Homeowners Association pool and adjacent park. If the City is interested in this project, a vote must be taken by the Homeowners Association to approve it. Staff direction from Council is requested. Council directed staff to pursue this proposal. B. Green Oaks Apartments has been foreclosed on. The complex will be kept occupied. A water deposit in the amount of $10,000 is expected by February 13. C. There will be a meeting of the Visions '89 on February 12 from 7:00 to 9:00 P.M. The chairman and subcommittee chairmen will attend to hear a staff presentation and for discussion. D. The Operation Desert Storm support rally was delayed from last week. It will be held February 16, 11:00 A.M., at the high school football stadium. E. The permit application for the wastewater treatment plant requests that the facility have a more descriptive name. Employees involved with the plant have suggested "Little Cedar Bayou Wastewater Treatment Plant ~1." Council was asked for direction regarding a name for the plant. Council was satisfied with the name suggested. 10. Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 11. There was no executive session. 12. There being no further business to come before the Council, the meeting was duly adjourned at 7:14 P.M. Minutes, Regular Meeting, La Porte City Council February 11, 1991, Page 4 Respectfully submit ed: Cherie Black, City Secretary Passed & Approved this the 25th day of February, 1991 ., ~~~j~~~~~~ ~ N an L. Malone, Mayor • • Office of the Mayor x ~~ ~~~~~$ : V~ea~eb ab the hewct and 6.2aad ve4be~ ~h~ yeah w~ hi.~ a.Pmab~ 50, OQO Texarvs, which nealcey equctP~s the ~o~ae" numke~. a~ dea~h~ nom ae.e a~he~c caws ea camb~.ned; and WH~R~AS, an ea~,ima~ed 180, 000 Amen,%can~s d~.e a~ cand~avaacuean d.i~eabes be~ane neach~.ng netih.emen~ age; and UJHER~AS, high cht~.~eb.~Rtca.E .u~ ane ob the can~tco.P,~a.b.2e nigh. ~actana fan heaht d.vs ecvs e and 5 8 o a 4 adu.P.trs have h~.g h nip Fz cha2e~sxena.2 .rev eQa; and GIHER~AS, candiava~scuean d.vsea~ea w~i,P,2 co~~ scut caun~Jc.y ave~c $88 b.c,PX,%an xhi~s yeah; and GlH~RE,4S, the Amen~.ca.n Hean~t A~4ac.%a~%an .us ~h.e an.~y va~ccn~cvcy hea.~tlc agency wha~e da.~e m.i~i~5.c,an -c,b ~a pnevev~t pnema~cuce death. and d~%5ab~.Z%ty ~n.am cand~.ava6cu,~alc dusease~s, ~.nceud.Lng hean~ a~tacf2 and ~s~c.af~e; and G1H~R~AS, the Ametu.ca{~ Heart A~~saccati.o~n .c~ ded-ica~ed ~a funding a ~~atewide and na~,ianwi.de ne~eanch pnagn.am, a~ wed. as :cmpnav~.ng hea.P.thcane -cn the cammun~.ty ~h~caugh p~ be~s~s-i.avia,P. and pub.ei..c educa~,ian, and cammun-ity ~env.%c.e pnagnam~s. NOGI,TH~R~~ORF, I NORMAN L. MALONE, MAYOR a~ the C.cty a~ La Porte, da helc.eby rycacecu.rn the marLth a~ February, 1991, a~ AMERICAN HEART MONTH ~.n the C.c~y a ~ La Pan te, w-%th ~s pecia.C a~,ten~,ia n g~,v en ~a cha.~eb~era~C, and urg e a~ e,Lii.zen~ ~o auppant the .P.i.~e~sav,cng m.i~s~~,an ewvri.ed acct by La Pante Amen,i.e.an Heart Ad~ae,cat%on va.eun~ee~u5 during Ameni.can Heart Man~h. IN GJITNFSS UIHFRFOF, I have heh.euw,ta deb my hand and cau,aed the Seae. a~ the City ~o be a~b~.xed hereto, ~h.vs ~h.e 11~h. day a~ February, 1991. CITY OF LA FORTE arman L, ane, ayar MEMORANDUM January 25, 1991 TO: Mayor and City Council FROM: Cherie Black, City Secretary SUBJECT: Revision to Memorandum dated January 22, 1991 from Cherie Black Re: Wine & Beer On Premise Permit - Longhorn Lounge Item ,~ 9 on Council Agenda for 1/28/91 Attached is an updated memorandum regarding the above subject. I spoke with Mr. Conover on January 24 and received the information. I am also attaching a copy of Ordinance 1000, which was inadvertently left out of your agenda packet. Cherie Black MEMORANDUM a~f January mil, 19 91 TO: Mayor and City Council FROM: Cherie Black, City Secretary SUBJECT: Wine & Beer On Premise Permit - Longhorn Lounge I have received a request from Mr. Dan Conover for the above referenced permit. The establishment is located at 9406 Spencer Highway, which is in the area annexed by the City of La Porte in 1983. The building has been in existence for approximately 25 years, and has operated as the same type establishment as it is presently. Mr. Conover has leased the building, obtained his needed permits from the Code Enforcement Division, and has remodeled the building and brought it up to City codes. His concern is regarding the section of Ordinance 1000 that requires food prepared on the premises to be served in conjunction with beer and wine, and to the 65/35 percent ratio, which was passed in 1983 (Section 1(3) and Section 1(1) of Ordinance 1000-P). Since the building was being used as a lounge when it was annexed into the City, and there are several like establishments in that area of Spencer Highway, I am asking that the ordinance attached be passed to allow a wine and beer on premise permit for Longhorn Lounge without the requirement that food prepared on the premises be served. I feel that Mr. Conover would be willing to remove the word "Lounge" from the name of the business if Council so desires, and I believe he does plan to sell pre-prepared sandwiches, etc. I am attaching a copy of Ordinance 1000 and also Ordinance 1000-P which first addresses the serving of food prepared on the premises in conjunction with sale of beer or wine. Also attached is a copy of Ordinance 1000-L, issued to "Tooney's" and passed in 1980, which is not a restaurant but states that the sale of beer at that location shall be permitted only in connection with the sale of food. Ordinance 1000-L does not define "food". Thank you for your consideration. Cherie Black • • ORDINANCE NO. 1000-AA AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING. SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING, THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREA HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; ,AND PROVIDING AN EFFECTIVE DATE HEREOF. s WHEREAS, the City of La Porte desires~'to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Article 667- 10-1/2 of the Penal Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. In addition to the locations specified in Section 1 of Ordinance 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at the following location by a retailer selling beer for consumption on premises, to-wit: Lot 28, Block 2, Spenwick Place Section 1, Harris County, Texas, located at 4906 Spencer Highway, known as "Longhorn." Section 2. The sale of beer at said location shall be permitted only in connection with the sale of food. Section 3. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. 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 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 take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 28th day of January, 1991. CITY OF LA PORTE By Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney • • ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER.FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR H()L1RS OF OPENING AND CLOS7:NG; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALE. NOT BE; A}~FECZ'ED; DEFINING SOURCE OT' AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIG- NATED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Article 667-1Oz of the Penal Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. That the sale of beer shall be permitted during the hours set by the general laws of the State of Texas at the following locations by retailers selling beer for consumption. on premises, to-wit: Lots 9, 15, 18 thru 23, Block 53, Town of La Porte Lots 31 and 32, Block 85, Town of La Porte Lot 17-E, Crescent View Lots 11 thru 15, Block 55, Town of La Porte Lots 18 thru 20, Block 49, Town of La Porte Lots 18-F and 18-G, Crescent View Lots 9 thru 16, Block 44, Town of La Porte Lots 17 thru 20, Block 85, Town of La Porte All of Block 1158, Town of La Porte Lots 5 thru 8, Block 53, Town of La Porte Lots 5 and 6, Block 44, Town of La Porte --- Lots 17 thru 20, Block 172, Town of La Porte Lots 2, 3, and 4, Block 52, Town of La Porte Lots 9 thru 24, Block 1218, Town of La Porte All of Block 318, Town of La Porte Lots 25 thru 28, Block 108, Town of La Porte Lots 17 thru 24, Block 108 Town of La Porte Lots 9 thru 16, Block 435, Town of La Porte Abstract 5, Pt. Tract 5, Lots 25 and 26, Block 1337, E. Brinson Survey., Town Town of La Porte of La Porte Pt. Lots 10 thru 13, Block 198, Town of La Porte Section 2. The sale of beer for consu mption. on the premises where sold is hereby prohibited in the City of La Porte, save and except in those areas designated herein. • • Ordinance No. 1000 Page 2. Section 3. The sale of beer by retailers, manufacturers or distributors not for consumption on the premises where sold shall not be affected by this Ordinance, and such sales shall be made in accordance with the general laws of the State of Texas. Section 4. It is expressly provided that this Ordinance is not an attempt to create zones under a comprehensive zoning plan as authorized by Articles lOlla to lOllj, inclu- sive, of the Revised Civil Statutes of Texas, but to designate certain areas wherein beer for consumption on the premises may be sold in accordance with the authority granted by Article 667-1Oz of the Penal Code of the State of Texas. section 5. That hereafter no license for the sale of beer for consumption on the premises where sold shall be issued or approved, save and except in the areas herein designated. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 19th day of August, 1974. CITY OF LA PORTE E. A. Thomas, Mayor ATTEST: City Clerk APPROVED: City Attorney • ORDINANCE NO. 1000-P AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF TI3E CITY OF LA PORTS, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OCF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE~'W~~TH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE EIEREOF. ' WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of_ Texas. NOW, TIIEREFORE, BI: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five (65) percent of the gross income shall be derived from the sale of pre- parecl food . (2) Any outside entrances, outside separate identi- fication, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in con- nection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person deter- mines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. • • Ordinance No. 1000-P, Page 2. Section 2. In addition to the locations specified iri Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19,1974, the sale of beer shall also be permitted during the hours set by tl~e general laws of the State of Texas at a restaurant, as herein defined, to be located at the following location, by a retailer selling beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 2199 Underwood La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: A one (1) acre tract out of La Porte Outlot 451, Harris County, Texas. NAME OF APPLICANT: Joseph W. Chadwick ADDRESS OF APPLICANT: 905 N. Amy Deer Park, Texas 77536 TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Sweet Pea's Po Boy and Sandwich Shop" Section 3. Tllis Ordinance shall constitute a permit L-or the operation of a restaurant, as herein defined, at the above location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including the provisions of this Ordinance. The City Council may revoke the permit granted hereby if it finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the event licensee ceases business and closes to the public for at least ninety (90) consecutive days. • Ordinance No. 1000-P, Page 3. • Section 4. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full forge .,and effect. Section 5. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and hosting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSEll AND APPROVED this the 6th day of April, 19II3. CITY OF LA PORTS g y ~ ~> V' ginia ine, Mayor ATTEST: ~y J ~Ci S re ary APPROVED: ~----- City Attorney • ORDINANCE N0. 1000- ~... AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PO}2TE, TEXAS, DESIGNATING 'rHE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEE}2 FOR CONSUMPTION UFF 1'I2EMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO-LICENSE SHALL RE ISSUED EXCEPT FOR THE AREAS EIERL'IN DESIGNATED;. FINI~I;NG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 4JHEREAS, the City of La Porte desires to reyulate the closing hours for the sale of beer by retailers selliny bee r for co~isumption on premises in accord with provisions of Article 667-10-1/2 of the Penal Code of the State of Texas. NOW, THEREFORE, I3E I'P ORDAINED E3Y THE CITY COUNCIL OF THI: CITY OF I,A PORTE: Section 1. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, tl~-e sale of beer shall also be permitted during the hours set by the general laws of tl~e State of Texas at the following location by a retailer selling beer Cor consumption on premises, to-wit: The property located at 1018 Hwy. 146 S., La Porte, Harris County, Texas, known as "Tooney's," beiny more pa r.ticularly described as Lots Twenty-five (25) through Twenty-eight (28), both inclusive, and a part oL- Lot Twenty-nine (29), Block One Flundred Sixty-nine (169), Town of La Porte, E}ar.ris County, Texas, reference to which is here made for all purposes. Section 2. The sale of beer at said location shall be permitted only in connection with the sale of- food. Section 3. Exc:el~t and to the extent amended Hereby, Ordi- Hance No. 1000 shalt remain in full force and effect. Section 4. Tl~e City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at Ordinance No. 1000- L Page 2. • 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, Texa s Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and Formally acted upon. The City Council further ratifies, approves and confirms such written notice and t}~~e contents and posting thereof. Section 5. This Ordinance, shalt take effect and be in force from and after its passage and approval. PASSED AND APPROVED t}~is the 6 th day of January , 1982 . CITY OE' LA PORTS J. J. Meza, P9ayor ATTEST: /' City Sq retary APPROVED: ,, / ,~ City Attorney RE~IIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: February 11, 1991 Requested By: Stan Sherwood Department: Parks & Recreation Report X Resolution Ordinance Exhibits: Resolution 91-02 SIIMMARY & RECOMMENDATION Consider the passing of Resolution 91-02, which acknowledges the City~s desire to participate in a Texas Parks and Wildlife grant for funding improvements to the nature walk at Little Cedar Bayou Park. The grant, if approved by Texas Parks and Wildlife, will require matching funds from the City. Therefore, the City will need to budget its matching portion during the 1991-92 budget process. Action Required by Council: Approve Resolution 91-02 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO A~~roved for City Council Agenda Robert T. Herrera DATE City Manager • • CITY OF LA PORTE PARKS AND RECREATION DEPARTMENT INTER-OFFICE MEMORANDUM FEBRUARY 6, 1991 TO: Robert T. Herrera, City Manager FROM: Stan Sherwood, Director of Parks and Recreation SUBJECT: Texas Parks and Wildlife Grant for Little Cedar Bayou Park Over the last several years we have lost a small amount of shoreline along Little Cedar Bayou Park. Last year with the occurrence of two hurricanes and one tropical storm we lost approximately 20 - 30 ft. of shoreline along the entrance into Little Cedar Bayou Park. Attached are pictures showing the erosion problem. One way to slow this process is to bulkhead this area as shown on the attached drawing. By adding the boardwalk above the bulkhead it then becomes a nature walk and fishing area for the citizens of La Porte and can qualify for 50/50 matching funds from the State of Texas. No City funding will be required until it has been approved by the State and then will be asked for in the 1991- 92 budget. Total cost for this project is estimated at $137,682.60 of which the City would pay one half C~6B,841.30). I believe that this would be a benefit to the Little Cedar Bayou nature area as well as slow the erosion process at the park. Should you require further information, please do not hesitate to contact me. _ . t ~:.' x ~ ~~ k ~ { ~X T u$..E,~..rrfa } L,~.. ~,K~ ~d+~' 1, t ,, f Y ~~~' ~~4 ,y ~ ~~4V~yf..~~' } f ~~yy ,,~~ ~ . ~ ,$_' `. r .~sy L ~ "* r .. f ( ~ ~ ~ - ~ ~ ~ 4i 4~~- 1 3 ,~ ~ ~ ~~`-•*fivr ax ti,~ Z~ 'r.'iG V~ ~ h u -r m J i 0 C J J J } Q 2 W j Q .~. m O Q WQ e ~'o, c9 4 d N 2 - - • •3.9~ 91 042 - ~ W _ ~ ~` LL ~~ _ Z • o \ 6° ~KN1 'NHS ,CI ~..~.. ~! 'C / .,,~ E - ... E ....°,~ ..... 1 ^ '4f O P 1 l \ D ~u~ ~ ~ '~' a • ~~ ~,~ -hi °• m 9i .~o ',`' D ~; •~ ~. ~ J ,~~ ~~ '~~ = ~II 3 ~~ J= Q 3 ~ti Q ~ W ~~~- LJ p v ~; 6 0 2 ~ ~ W~ ~~ ~~ Q3 ~ ~IU , C C o, ~`a ~ c . y. .9 . .. ~s~, ,a ~ ..... o, ~ • ~ ~ Y; m 1~ c~ Q :;~_ ~, ~ .: ~, Q ~` ~ Z < V ~ ~~ Q ~,~, .,'.,. c ~~b a ~, . ,~., Y Q `~/ ~ er0 ~ a.~ e~, ~~ ~ e1+ ' .~~'+;'~ OI ~ ;•u~ '~... ..~ % f °~ o, _ ._ 20 'r2 'r.' ay %y " / ~ ~A ~ ~; • B ~;`,'. . c oM;r ~fi a ~ 990 J • ,u Z O <~ / ' ~ • ~ f 4B2 1e~ h / /i i I i 1 ~------ r------ D r m N x n D r rn ~_ Z Rio ~~ i , i~ alit N ~ } ~ I (N~ N __ I I I 1 I I I 1 1 l I I I 1 1 lJ I I ~ 1 Q I 1 I I 1 I 1 1 I~ I ._ ~ (~) I W (~ ~ ~_ • N i N ~~~ I Q 1 II II 1 ~ 1 II 1 1 II II 1 . II o 1 3 Z --t I ~ ~ J~ I I N N~ // N ~ // // // I ~ ( _ ~ I ~ ~ ~ /~ ~~ J~ I ~ ~~ ~ I ~ ~ / ~~~ t ~~ ~ ~ IjjI A1 I'~J' 1 `~ III ' I ~ / / % / ~' I / / I ~ _J , I III ~ Y I ~~' ~ ~ ~ ~~ ~ ~~ ~: I ~~ ~~b .~ ~ ~ - -; T-~ J1. ~,~ ~ i / ,~. '~' - -~ 7- ~ - - -- - - -~~ _L__y _-L_ -~-- - r ------------ - -> y I I ~ 1~,. _~ I `/ -.-y ~ I r y L _ _ ~ I I ~) ~ ~ ~ I ~ ~ ~ ~~ ~\ (f> D p D D ~ ~ ~ m ~ i O m r o r ~ _ ~ I ~ ~~ ~~ ~ I I D Z Z D ~ I m m ~' A `~' I ( I ~ ~ ~-' ~ ) ~` o ~ o ~ l i r ` ~~ ~ V( _~ ~~,~ r N N ff D ^ 777 1 ~ 1 ~ I I ~„ z ~ \J o v ~ I ~ m I ~ t~. cn i' -1 c I ~i I ~ I ~ v I 7 Z J --__ _ __ D IT1 -_ i ~ ~; ~ Vl II = ~ ID Z i2 P .1 c~ I r. r s n ` ~~\ `_1_._. T(1A RAIJK C>000 000 0 m O C D -I D N_ 01_ N N N n ~~ m ~ ~ x rn = x x x rn rn m = x ~ Z ~ m S f o ~ x ~? x ~ _ N. r ~ N ~ D ~ v 4 ~l Cl) ~ ~ C v frT1 ~ D r = ~ m ' ? ~ Z ~ C 7l D O ~ Q C ~{ .~ ~ v n ~ v O < ~ [n ~ ~ C7 O ; A D S fm*1 r --I ~ m y N s m C THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTS T, the undersigned., City Secretary of the City of. La Porte, Texas do hereby certify that the foregoing ropy of: a resolution endorsing making application to the Texas Parks and Wildlife Department concerning the site to he know as the Tittle Cedar Bayou Fishing Area and Nature Walk ................. ~,- is a true and co r.r.er_t copy of_ the origina]. thereof now on .file and of. rerord i_n my of.f. i c-e in Minute Book Page Witness my hang] and sea ] of the City of Texas City this tl1P_ day of ].991. City Secretary of the City of. Ira Porte, Texas TIiT: STATE OF TEXAS COUNTY OF HARRIS CITY OF T,A PORTI: This instrument was acknowledged before me on the daY of 1991 by C,her.ie Bl.ar_k, City Secretary of the City of the City of La Porte, Texas, a municipal corporation, on behalf_ of said r.orporati.on. Notary Public in and for the State of Texas My r_.ommissi.~n expires RESOLUTION I l'OaZ WHEREAS, the United States Congress has passed the Land and Water Conservation Fund. Ar_.t of 1965. (Public. L,aw 88-578), authorizing the Secretary o.f the Interior to provide. financial assistance to states, and political subdivisions thereof, for outdoor. recreation purposes; and WHEREAS, the Texas Legislature has approved the Parks and Wildlife Code, Section ]_3.309 .f.or the purpose of allowing the State of_ Texas, and its political. subdivisions, to partir_ipate in the Federal program established under said Puhlir., Law 88-578, or. sur_.h other programs as are herei_na.f.ter. established by the Federal Government; and WHF..REAS, the Texas Legislature has approved the Parks and Wildlife Code, Section 24.005 for. the purpose of a.llowi.ng the political subdivi.si.ons of the State of Texas, to partir_i.pate i.n the Texas L,or_,al Parks, Recreation and Open Space Fund; and WHEREAS, the "Appli.r_ant." is fu]..ly eligible to receive assistance under these Programs; and WHEREAS, the "Appl i.cant" i.s desiror.is of. a~.athar.zing its administrative staff to represent and art for the "Appl.i.r_ant" i_n deal..ing with the Texas Parks and Wildlife Department concerning these Programs. NOW, THEREFORT; BE TT RESOLVED RY THE CITY COMMISSION OF THF. CITY OF LA PORTS, TEXAS: That the "Appl i.r_ant" hereby r_erti f i_es t.hai: they ARE RLIGIBi,E TO RECEIVE ASSISTANCE UNDER THESE PROGRAMS. That the "Applicant" hereby authorizes and directs its Mayor, Norman L. Malone to represent and act for the "Applicant" in dealing with Texas Parks and Wildlife Department for the purpose of these programs. Stan Sherwood, Parks and Recreation Director, i.s hereby officially designated as the Mayor's representative i.n this regard. That the "Applicant" hereby designates its Mayor, Norman L. Malone as the official authorized to serve as the "Appl irant's" fiscal off_i.cer to receive grant funds for the purposes of these Programs. That the "Appl.r_.ant" hereby sper.i.fir_ally authorizes the of_fir.ials to make appl.ir_ati.on to the Texas Parks and Wi.ldli.fe Department conr.erning the site to be known as I,itt1P Cedar Rayou Fishing Area and Nature Wa] k in the City of La Porte, Texas f.or use as a park site. That: Little Cedar Bayou Park Fishing Area and Nati.ire Walk is hereby dedicated (or wi.].1 be dedicated capon romplet.i.on of the proposed acquisition) for Public. Outdoor Rer_.r.eati.on purposes i_n perpetuity. PASSED and ADOPTED on th:i.s the day of _ , .1991 MAYOR, CITY OF I,A PORTR ATTEST: CITY SECRETARY RE UEST R CI C N IL AG•N A I E Agenda Date Requested: February 11, 1991 Requested By: T.ouis Ri~bv Department: Report Resolution Exhibits: Bid Tabulation Si1MMARY ~ RECOMMENDATION Ordinance Advertised, sealed bids ~~0422 for chemicals and fertilizers were opened and read on January 21, 1991. Bid requests were mailed to four suppliers with three returning bids. The chemicals and fertilizers requested in this bid will be used by Bay .Forest Golf Course and the Parks Department. It is staff's recommendation to award a portion of this bid to all three bidders, based on their low~bid for those items. The total cost estimate. of the contract will be $48,450.14. By vendor, the breakdown of the cost will be: 1)TURFCO - $26,892.32, 2)Van Waters & Rogers - $18,351.30, and 3)Goldthwaite's - $3,206.52. By department, the golf course portion is $40,206.14, and the Parks Department's portion is $8,244.00. Sufficient funds were budgeted in this fiscal year to purchase these items. Action Required by Council: Approve awarding bid for chemicals and fertilizers to vendors offering lowest bid. Availability of Funds: g General Fund Water/Wastewater Capital Improvement General Revenue Sharing g Other Golf Course Maintenance Account Number: QXx-800-8Xx-207 Funds Available: X YES _ NO ~~rnVP~ for City Council Agenda Robert T. Herrera DATE City Manager Purchasing S A N- 2 3- 9 1 W E D 1 6 3 2 C I T Y O F L A P O R T S P 0 2 • • SID T?sBULATION CHSMIOAL & k'ERTILIZER VAN WATER TDR17C0 ROOBR3 C30LDTHWAITES I_ cxEMICALS 1. b'OR8 $ 3.65 5 2.77 $ 3.47 2. CHIPCO 24.38 20.25 22.08 3. BANOh 60.61 5S.T0 NB 4. DACONIL 3fi.63 NB 37.44 5. BANNER TQR$ FUNGICIDE 199.00 212.00 NB &. RUBIGAN 230.00 111.65 124.57 7. CONSAN 21.03 NH NS $. PRO STAR NS NB N8 9. M.S.M.A. 17.13 1?.40 16.50 10. SUPER TRIMEC 45.78 42.05 NB 11. ROUNDUP 57.00 46.98 51.20 12. PRESAk~ T7.Q0 63.0? N8 13. gALAN 13.95 21.40 19.20 14. KERB 17.13 17.78 16.14 ISi. COPPER SQL~'ATS 36.95 40.91 NB i6. AQUATliOL K T~IQVTD 26.40 37.95 34.95 11'_ OFTANOL 68.24 64.40 NB I8. SEVIN (LIQUID) 1$.83 19.?6 21.22 19. ORTIiENE 9.3$ 9.35 1I.1$ 20_ TRIUrtPA 4E 16o.oa 161.40 Ns 21. NEMACIIR 1.91 1.95 NB 22. pIIRS}3AN 4B 101.98 7.60 101.45 2S. RUFFIN/FERROMEC 4.25 4.08 NH 24. SPRAY TANK CLEANER 4.13 2.35 NB 25. SUrBDVB 164.38 176.70 NB 26. SCOIIT SPRAY IHDTCATOR 29.00 23.00 NB 2?. SURFLAN 67.G10 61.?6 6?.43 II. GREENS GRADE FERTILIZER 1.' COUNTRY CLUB 1$-0-18 722.80 NH N8 2. COUNTRY CLIIH 8-4^24 610.00 NS NB 3. COUTiTRY CLVS 13-25-12 490.40 NB N8 4. COUNTRY CLVS 18-3-12 463.20 NS NB 7-r- F~i4~--~f -~3-~6 ~ e., ..~ 8_ e MILORGANITE 6~-2-0 26'7.20 273.05 ~_ NS III. FAIRWAY FERTILIZER , I_ BONUS CROP 15-5-10 199.00 215.60 NB 2. BONUS DROP i5~5~~i 244.00 243.36 NB 3. BONUS CROP 20-0-20 287.00 288.35 NB RE:.~ Ul f ~~~f? C I TY CUUNC I L AGEN•_I T EM Agenda Uate Requested: Cebruar r~11~19~31 __ Requested By: ~ ve Gi lett _ Department: Public Works XXX Report Resolution Ordinance Exhibits: 1. Bid recap Sealed Bids #0419 - Batteries SUMMAf2Y~Jic RECOMMENDATION Advertised, sealed b ids #10419 f or bat: t:er i cis were of~ened on February 4, 1991. Bid requests were mailed to six (6) area suppliers with three (3) returning bids. Low bid meeting specifications was submitted by Exide Battery, our current supplier: Staff recommends award of bid for the supply of batteries to Exide Battery, low bid meeting specifications. Based on yearly estimates, this contract would be four thousand, nine hundred, fifty-two dollars and thirty cents 04,952.30). Action Required by Council: Award bid to Exide Battery, low bidder meeting specifications, for the supply of batteries. Availability of Funds: General Fund Water/Wastewater Capital Improverrrent ___ General Revenue Sharing XX Other Equipment Services Operating Budget 024-700-704-240 Account Number: 024-700-704-241_ Funds Available: XX YES NO A roved for Cit Council A enda Robert T. Herrera DATE City Manager • CTTV QF T, j.1 Pfl~?TF' INTER-OFFICE MEMnF.ANDUM FFRRj]jlRV F , 1 Q91 • T0: Steve Gillett, Director of Public Work ~ ~ ~ C, ~ , FROM: Louis Rigby, Purchasing Mar_ager-~~ SUBJECT: Sealed Bid #0419 - Batteries c./~ Advertised, sealed bids #0419 for batteries were opened and read on February 4, 1991. Bid req»ests were mailed to siY area suppliers with three returning bids. Low bid meeting specifications was submitted by Exide Battery. Based on yearly estimates the cost of the contract would be $4,952.30. If this bid meets your appro~~al , submit a purchase requisition to the Purchasing Departmer_t as soon as possible. LR/gr Attachment: Bid Tabulation xc: Buddy Jacobs, w! attachment Rick Steward, w! attachment Y' • pox ~ 1`L VOLT .,TrN'?' TRtT(;F; A. 24 $, 27F C. 27 D. ?4 E. 64 2 . 1 2 'tjnr m NT(V;~ A~ /rr'!' A. 2~ B. 2? ;, 1? ~mr.m u,~a~r~- ^rT^~~ rnn-n~rF~r~,~~. A. g-D ~. $-~ TnTnr. ~Til TA~[TT~ATIQj~j FXTTIF _~~ FC TrTI'R.RS'Tl~'j`g ,,, nn a' ~~ g3 .g5 ;Q ^r, ~ri, 77 GQ .QF ~ ~ _... _ ' a^ _ 35 ?5 .96 _.: _ ~F.:~~ ;5.a5 h.,^ ;n~.an g6.0n .^.~~ ,~.2.~2 an.nn RE S r FOR (~ T TY t;OUNC I L ADEN 11'EM Agenda Date Reque ted: ~Februar~ll, 1991 __ Requested By: eve Gi lef tt _______ Dr~~{~artment: Piabl is Works XXX Report Resol lAt 1Un Ordinance Exhibits: 1. Bid recap Sealed Hids #0421 - Hot Mix Asphaltic Concrete Pavement Mod D SUMMARY^& RECOMMENDATION Advertised, sealed bids #F0421 for Hc)t Mix Asphaltic Cor-icrete Pavement Mod D were opened on February 4, 1991. Bid requests were mailed to five C5) suppliers with two (2) returning bids. Low bid meeting specifications for m~-~terial picked up by City personnel, was submitted by Parker LaF"arge at twenty dollars and forty-nine cents (20.49) per ton. Low bid meeting spec=ifications for material delivered to the City was submitted by Redland Stone Products Company at twenty-five dollars and fifty cents (25.50) ~:~er ton. Staff recommends award of bid for Asphaltic Concrete Pavement Mod D to Parker LaFarge, low bidder meeting specifications for picked up material. It is anticipated there will be very little need for delivered materials due to most street overlay projects being r_ontracted out as outlined in the 1990-91 Street Maintenance Operating Budget. It is further recommended a contingency contract be awarded to Redland Stone Products Company for the supply of Asphaltic Concrete Pavement Mod D. Using estimated yearly quantities, the contract would be worth ninety-six thousand, nine hundred and ninety dollars (96,990.00). Action Required by Council: Award bid for the supply of Asphaltic Concrete Pavement Mod D to Parker LaFarge, low bidder n)eeting specifications for picked up material. Award contingency contract to Redland Stone Products Company. Availability of Funds: XX General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-701-415 Fur~ds Available: XX YES NO Approved for Cit.Y_Council Agenda _ Robert T. i~ierrera T)ATE City Manager ('.TTV f1 F' T.p P(JRTE INTER-OFFICE -M.EMORP.NDUM FEBRUARY 5, 1991 L~ T0: Steve Gillett, Director of Publ;rs Works FROM: Louis Rigby, Purchasing Manag ~~ SUBJECT: Sealed Bid #0421 - Hot Mix As haltic Concrete Pavement Mod D Advertised, sealed bids #0421 for hat mix asphaltic concrete pavement , Mod D , were opened and read on February 4 , 1991 . Bid requests were mailed to five suppliers with two returning bids. Low bid for Mod D-delivered arras submitted by Redland Stone Products Company (previously Dravo; for $25.50 per ton. Low bid for Mod D-picked up was submitted b4' Parker La Farge for $20.49 per ton. Using estimated yearly quantities, the cost of the contract would be $96,990.00. Please submit your recommendation with an ager_da request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Tabulation x_c: Buddy Jacobs, w/ attachment Orville Burgess, w! attachment SEALED BID 40421 MOD D • REDLAND PARKER STONE LA FARGE PRODUCTS I. MOD D A.. DELIVERED 25.50 25.90 B. PICKED UP 21.50 20.49 TOTAL $98,000.00 $98,190.00 • CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILMEMBER FOR DISCUSSION A. CONSIDER AWARDING BID FOR CHEMICALS AND FERTILIZERS - L. Rigby B. CONSIDER AWARDING A BID FOR BATTERIES - S. Gillett C. CONSIDER AWARDING BID FOR HOT MIX ASPHALTIC CONCRETE - MOD D - S. Gillett Motion by Second by VOTE: Sutherland Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone FOR AGAINST ABSTAIN Motion carried Defeated Tabled • • CITY OF LA PORTE INTEROFFICE MEMORANDUM TO: Robert Herrera, City Manager FROM: John s, Assistant City Manager DATE: Februa 6, 1991 SUBJECT: Wastewater Treatment Plant Permit Application National Pollutant Discharge Elimination System (NPDES) The City is currently completing our permit application for submission to the EPA. The application is due April 1. The application requests the name and location of the Wastewater Treatment Plant. In the past it has simply been referred to as La Porte Wastewater Treatment Plant ,~1. This permit process provides the City with the opportunity to give the plant a more descriptive name. One name suggested by those involved with the operation of the plant is Little Cedar Bayou Wastewater Treatment Plant ~1. Designating a facility name on the permit will in effect name the plant as far as the enforcing agencies are concerned. Unless I hear otherwise by March 12, we will file the application naming the facility Little Cedar Bayou Wastewater Treatment Plant ~• xc: Steve Gillett, Director of Public Works