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HomeMy WebLinkAbout1996-11-11 Public Hearing and Regular Meeting e .. e e MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL NOVEMBER 11, 1996 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of City Staff and City Emoloyees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, City Secretary Sue Lenes, Assistant City Manager John Joems, Director of Finance! ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett, Director of Planning Guy Rankin, Director of Parks and Recreation Stephen Barr, Police Chief Bobby Powell, Assistant City Secretary Rhonda L. Yockoy, City Engineer Doug Knuepper, Chief Building Official Art Flores Others Present: Melton Wolters, representing the La Porte LivestockIRodeo Association, Steve Valerius, representing the -Old Highway 146 Committee-, Buford Leonard and Bill White, representing American Legion Post 428, Baseball Commission Ed Rozell, representing the 22nd District of the American Legion, and District #2 State of Texas, American Legion, members and coaches of the 1996 American Legion Post 428 Baseball Team, Colleen Hicks, President La Porte Bayshore Chamber of Commerce, and a number of La Porte citizens 2. INVOCATION BY REV. JORGE REYNAGA - TEMPLO BAUTISTA In the absence of Rev. Jorge Reynaga, Rev. Randy Gilchrist, pastor of the First Baptist Church, delivered the invocation. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 28, 1996 Motion was made by Counciloerson Coooer to aoorove the minutes of October 28 as oresented. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. PROCLAMATIONS: A. 1996 AMERICAN LEGION POST 428 BASEBALL TEAM DAY Mayor Malone proclaimed November 11, 1996, as 1996 American Legion Post 428 Baseball Team Day and presented each coach, team member, and the American Legion Post 428 with a proclamation. Mayor Pro Tem Alton Porter assisted Mayor Malone and presented each coach and team member with a City of La Porte lapel pin. Commander Buford Leonard, representing American Legion Post 428, La Porte, Baseball Commissioner Ed Rozell, representing District 22, and Division #2, State of Texas, American Legion, presented certificates to the team members and their coaches. Adjutant Bill White, American Legion Post 428, presented the Hovey Bethea Powell Sportsman Award to Bobby Herrera. e . Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 2 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There was one La Porte citizen wishing to address Council. Melton Wolters, 10703 North "H" Street, La Porte, addressed Council regarding the proposed ordinance change for the Lomax Arena. Mr. Wolters asked that Council consider approving the proposed ordinance governing the rental fee policy and schedule for the La Porte Livestock/Rodeo Arena stating that he thinks it will benefit the City, the Association, and the general public. Mr. Wolters complimented Council and staff for their "partner relationship" with the Livestock/Rodeo Association, which he says has been successful. He said hopefully it will exemplify what other organizations need to look at in their relationships with the City. 6. PUBLIC HEARING - A. CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE TO AMEND ORDINANCE 1501, THE ZONING ORDINANCE, REGARDING NON-CONFORMING BUILDING, STRUCTURES, USES, AND LOTS. OPEN PUBLIC HEARING Mayor Malone opened Public Hearing-A at 6:23 P.M. REVIEW BY STAFF Director of Planning Guy Rankin reported the summary and recommendation for proposed amendments to the City's Zoning Ordinance dealing with Non-Conforming Uses, Structures, and Lots. Mr. Rankin said that staff and the Planning and Zoning Commission have worked together to present suggested changes to the ordinance, and he reviewed with Council those suggested changes. PUBLIC INPUT Mr. Bill Scott, 1802 Lomax School Road, La Porte, was the first speaker. Mr. Scott presented pictures for Council review which he said shows a situation which the present ordinance should have prevented. Mr. Scott indicated he is in favor of an ordinance change, but this one needs some changes in the content and verbiage before it is presented for a Council vote. Mr. Steve Valerius, 140 Hazel, La Porte, representing the "Old Highway 146 Committee". Mr. Valerius stated his and the committee's support for the amendments to Ordinance 1501 regarding Non-Conforming Uses, Structures, and Lots. He also stated their belief that these amendments will allow the Board of Adjustment the authority to eliminate non-conforming uses and would give them the ability to place conditions on granting non-conforming uses in the future. He stated the committee's belief that this amendment is a major step forward in cleaning up non-conforming use areas which have become a blight in our community. e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 3 RECOMMENDATION OF PLANNING AND ZONING Mayor Malone stated, "The Planning and Zoning Commission recommended approval of the proposed amendment, and the action required by the Council will be placed on the agenda for the City Council meeting at a later date. " CLOSE PUBLIC HEARING Mayor Malone closed the public hearing at 6:32 P.M. 7. PUBLIC HEARING - B. CONSIDER AN AMENDMENT TO THE CITY OF LA PORTE ZONING ORDINANCE 1501, REZONING REQUEST R96-004 WITH A SPECIAL CONDITIONAL USE PERMIT. THE APPLICANT'S REQUEST IS FOR A TRUCKING AND TANK TRUCK CLEANING OPERATION ON SOUTH 16TH STREET - G. Rankin OPEN PUBLIC HEARING Mayor Malone opened Public Hearing - B at 6:32 P.M. REVIEW BY STAFF Director of Planning Guy Rankin reviewed summary and recommendation for an amendment to Ordinance 1501, to accommodate a rezone request R96-004, requested by Robert C. Boncosky and a Special Conditional Use Permit SCU96-OO3, for a trucking operation with tank truck cleaning. Mr. Rankin said the Planning and Zoning Commission recommends this request be approved with the eleven conditions presented as Exhibit A attached to the Special Conditional Use Permit 96-003. Mr. Rankin reported to Council the most significant of these is to change 16th Street to a designated truck route. Mr. Rankin and City Manager Robert T. Herrera answered questions from Council. Mr. Herrera assured Council he will be visiting with Commissioner Jim Fonteno to discuss the future growth of 16th Street, because there has been some interest expressed in additional growth in that area of La Porte. PUBLIC INPUT There were no citizens wishing to address Council during this public hearing, but a representative of Boncosky Services, Mr. John Boncosky, spoke to Council. Mr. Boncosky reported this company is a tank truck company and has been in business for about 50 years with headquarters in the Chicago area, and they would like to establish a facility in La Porte, Texas. He reported they would employ about 75 to 100 persons, looking at a salary range of about 3 million dollars. This facility would handle general maintenance and tank cleaning. Mr. Boncosky called on the local engineer who has been assisting their company, Fred Thompson, to address Council. Mr. Thompson reported that this company was meeting all the conditions called for in the Special Conditional Use Permit. Mr. Herrera reported the City's Industrial Waste Ordinance is designed with the intent to meet certain criteria set forth by the E.P.A. and also the Texas Natural Resources Commission. The ordinance is updated on a regular basis with the City Council. Mr. Herrera reported this company, like all other companies, will have to follow compliance if they use any of the City's treatment systems. Mr. Rankin reported one telephone call was received today in opposition to the ordinance change which would grant this permit. The call was from Mr. Charlie Young. e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 4 RECOMMENDATION OF PLANNING AND ZONING Mr. Rankin reported the Planning & Zoning Commission, by unanimous vote, has recommended approval of the request and staff concurs with the Commission's recommendation. CLOSE PUBLIC HEARING Mayor Malone closed the public hearing at 6:44 P.M. 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 1501, BY CHANGING CLASSIFICATION OF PORTIONS OF BLOCKS 1203 AND 1204 TO PLANNED UNIT DEVELOPMENT (PUD) WITH A SPECIAL CONDITIONAL USE PERMIT (Ord. lS01-V) - G. Rankin Assistant City Attorney read: ORDINANCE 1501-V - ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; GRANTING A SPECIAL CONDITIONAL USE PERMIT SUBJECT TO THE REPLAT OF THE PROPERTY AND CONDmONS 1-11 OF THE REPORT SUBMITTED TO THE PLANNING & ZONING COMMISSION; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Clarke to aoorove Ordinance 1501-V as read bv the Assistant City Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. PUBLIC HEARING - C. CONSIDER AMENDMENT TO CITY OF LA PORTE ZONING ORDINANCE 1501, REZONING REQUEST R96-00S, BY CHANGING CLASSIFICATION OF A PORTION OF LAND KNOWN AS TRACTS 17B, 17D, & 17E, CRESCENT VIEW FROM mGH DENSITY RESIDENTIAL (R-3) TO GENERAL COMMERCIAL (G. C.) - G. Rankin OPEN PUBLIC HEARING Mayor Malone opened Public Hearing - C at 7:46 P.M. REVIEW BY STAFF Director of Planning Guy Rankin reviewed the summary and recommendation for the rezone request R96- 005, from property owner's agent, James H. Robertson, seeking the rezone to use the property for a tavern. . , Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 5 PUBLIC INPUT Mr. Steve Valerius, 140 Hazel, La Porte, spoke as representative for the "Old Highway 146 Committee". He asked members of that committee to stand in order that Council might see their representation regarding their opposition to this ordinance change and rezoning. Mr. Valerius stated the committee's support of the Planning & Zoning Commission's recommendation to deny the request to rezone the property to General Commercial. RECOMMENDATION OF PLANNING AND ZONING Mayor Malone read the recommendation of the Planning & Zoning Commission, by unanimous vote, has recommended denial of Rezone Request R96-OO5. Staff concurs with the Commission's recommendation. CLOSE PUBLIC HEARING Mayor Malone closed the public hearing at 6:50 P.M. 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 1501, BY CHANGING CLASSIFICATIONS OF A PORTION OF LAND KNOWN AS TRACTS 17B, 17D AND 17E, CRESCENT VIEW FROM mGH DENSITY RESIDENTIAL (R-3) TO GENERAL COMMERCIAL (G. C.) (Ord. 1501-W) - G. Rankin Assistant City Attorney read: ORDINANCE 1501-W - ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACf RELATED TO THE SUBJECf; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson McLau~hlin to DENY the Dassal!e of Ordinance 1501-Was read by the Assistant City Attornev. Second by Councilperson Thrower. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 94-1976, WIllCH GOVERNS THE RENTAL FEE POLICY AND SCHEDULE FOR THE LA PORTE LIVESTOCKlRODEO ARENA (Ord. 96-1976-A) - S. Barr Director of Parks and Recreation Stephen Barr reviewed the summary and recommendation for the request to amend this ordinance governing the rental fee policy and schedule for the La Porte Livestock/Rodeo Arena. Council discussed the changes and clarifications of the changes reported by Mr. Barr. e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 6 Assistant City Attorney read: ORDINANCE 96-1976-~ - AN ORDINANCE AMENDING ORDINANCE NO. 94-1976, WHICH GOVERNS THE RENTAL FEE POUCY AND SCHEDULE FOR THE LA PORTE UVESTOCKlRODEO ARENA; FINDING COMPUANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaul!hlin to approve the ~assal!e of Ordinance 96-1976-A as read by the Assistant City Attorney. Second by Councilperson Porter. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None U. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCIllSE AGREEMENT THROUGH JUNE 20, 1997 (Ord. 96-2140) - K. Askins Assistant City Attorney John Armstrong reviewed the summary and recommendation for passage of ORDINANCE 96-2140 - AND ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT, WHICH EXPIRES ON DECEMBER 31, 1996, THROUGH JUNE 30, 1997. This would give the City time to complete negotiations and publication of the renewal of the franchise with TCI Cable. Council has previously approved the transfer of the franchise agreement by Prime Cable to TCI Cable. Motion was made by Councill'erson Clarke to approve the passal!e of Ordinance 96-2140. Second by Councilperson Thrower. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN CITY OF LA PORTE AND JAMES J. FLANAGAN SIllPPING CORPORATION (Ord. 96-2141) - R. T. Herrera City Manager Robert T. Herrera reviewed the summary and recommendation for the request to execute a lease agreement with James J. Flanagan Shipping for 5.98 acres of land the City of La Porte owns in Morgan's Point, Texas. Assistant City Attorney read: ORDINANCE 96-2141 - AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND JAMES J. FLANAGAN SHIPPING CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPUANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 7 Motion was made by Councilperson Sutherland to approve the passag:e of Ordinance 96-2141 as read by the Assistant City Attorney. Second by Councilperson Maxwell. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION REGARDING PROPANE GAS REGULATIONS TO BE SUBMITTED FOR CONSIDERATION TO TEXAS MUNICIPAL LEAGUE AT THE UP COMING ANNUAL CONFERENCE (Res. 96-08)- R. T. Herrera (There was no Resolution 96-08 presented for a City Council vote. The resolution discussed was to be submitted to Texas Municipal League for their consideration.) City Manager Robert T. Herrera and Mayor Pro Tem Alton Porter reviewed the summary and recommendation to present a resolution to the Texas Municipal League Resolution Committee on November 13, 1996, at the Texas Municipal League Annual Conference. Mayor Pro Tem Porter announced that Councilperson Gay will be assisting by meeting with the committee members on Wednesday to promote the passage of this proposed resolution. Motion was made by Councilperson Sutherland to approve submittinlJ: a resolution relJ:ardinl! Dropane l!as rel!Ulations to TML for consideration at its upcominl! annual conference in Corpus Christi. Texas. Second by Councilperson Maxwell. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 15. CONSIDER AWARDING BID FOR THE PURCHASING OF VEmCLES FOR ITEMS 1 THROUGH 5 TO LOW BIDDER MEETING SPECIFICATIONS AND REJECTING BIDS ON ITEM 6 - S. Gillett Director of Public Works Steve Gillett reviewed the summary & Recommendation for the request to authorize purchase of vehicles as advertised in sealed bid #0687. Motion was made by Counciloerson Thrower to authorize the purchase of Items 1 throul!'h 5 to the low bidder meetin~ SPecifications and reiect bids on Item 6 and rebid that item. Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 8 16. ADMlNISTRATIVE REPORTS A. City Manager Robert T. Herrera reported he will be holding a meeting tomorrow, November 12th, with Mr. Bill Scott. B. Mr. Herrera introduced City Engineer Mr. Doug Knuepper. Mr. Herrera reported Mr. Knuepper was formerly with the City of Friendswood. Mr. Knuepper spoke to Council, and he said he is looking forward to the opportunities, challenges, and rewards that he feels the City of La Porte has to offer. 17. COUNCIL ACTION Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, and Maxwell brought items to Council's attention. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPfER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATIORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATIONREGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELmERATIONREGARDING SECURlTYDEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.072 - (REAL PROPERTY) RECEIVE REPORT FROM CITY MANAGER REGARDING LAND LEASE ON NORm BROADWAY B. SECTION 551.075 - (CONFERENCE) RECEIVE REPORT FROM CITY MANAGER REGARDING HOTEL DEVELOPMENT Council retired into executive session at 7:28 P.M. under A) Section 551.072, (Real Property), Receive report from City Manager regarding land lease on North Broadway; B) Section 551.075 (Conference), Receive report from City Manager Regarding Hotel Development. Council returned to the table at 8:21 P.M. with no action taken. 19. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no considerations for this item. e e Minutes Public Hearing And Regular Meeting La Porte City Council November 11, 1996, Page 9 20. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:22 P.M. Respectfully submitted, ~~ ffkt::!l~ Passed and Approved this the 16th day of December, 1996 tL-~y~ Alton E. Porter, Mayor Pro Tem e e e e Office of the Mayor o (j (1{J D. ~, tIJiiiii & /.\ -rr~ '<'i) <? r l!D~rrrall : The American Legion Post 428 Baseball Program was started in 1925, and was the first nation-wide organized league for amateur baseball players under the age of 19 in the Country,' and WHEREAS, the 1996 team is the first La Porte American Legion team to advance to the Texas' State Toumamenl in the seventy years of competition,' and WHEREAS, the 1996 American Legion Post 428 team won the District 22 Championship, the Division 2 Championship, and finished third in the State; and WHEREAS, the 1996 roster consists of Baseball Committee Chainnan Jerry Vaughn, Manager Bill White, Head Coach Bill Gori, Assistant Coach Danny McCabe, Assistant Coach Mark Hopkins,' Players Kasey Bryanl, J. C. Cavazos, Derek Garvin, Joey Gori, Danny Hanks, Michael Hanks, Bobby Herrera, Josh Johnson, Blake Kendrick, Adam Lee, Nathan Mills, Chris Nichols, Ricky Pena, Bo Perdew, Eric Perdew, Bret Stout, Robert Tabb, Je.ffVaughn and Reserve Players, Jeremy Powell and Josh Soileau,' and WHEREAS, it is the desire of the City Council of the City of La Porte, Texas, to express their congratulations to the 1996 American Legion Post 428 Baseball Team, their coaching stqff, and all those involved with making this "'!he Greatest Baseball Team of the Year". NOW, THEREFORE, I, NORMAN L. MAWNE, MAYOR of the City of La Porte, do hereby proclaim November 11, 1996, as 1996 AMERICAN LEGION POST 428 BASEBALL TEAM DAY in the City of La Porte, and urge all citizens to recognize this fine group for their accomplishments. IN WITNESS WHEREOF, I have hereunlo set my hand and caused the Seal of the City to be affixed hereto, this the 11th day of November, 1996. CITY OF LA PORTE ;~~~~~~ /'/ :::,;;';";;"t,~.{~~,:" -: j" . \\ '\' ..... & ~'\V? V"', ,\. --- "{ g, ~ ,.,,_,_ /~ }C' I, ::<~:;":;::.;.;",, /- ) \,~~~~.: - (~~ '\.~~ ,1o-.j.,-;.:.............- Norman L. Malone, Mayor "" .-,.J,Jll~ ""I.l ,'...(.. R , c-'~, .y~~" ;;ri~l;" -<i':-~ ';:,!~.I_?h. ~" ...'~ ~I ",rJ'~,~--,~~\ "'\....: ;( i~~(i1'l"~~P;~i \: ~ ~.'''~,l''f1 ,: -, \~~', ,'''''~, ,~ ~, \ ",~'-"'"-~'7. ,~ ..;~,,< ~~/~.. ~G,g..~ "".'0'."" e The American Legion e Hovey Bethea Powell Post 428 P. O. Box 14 (111 So. 2nd Street) La Porte, Texas 77572-0014 ""~-,.J.ljf,-.",,,~ ~~"""'_-~!C"~~'.. ~~~A~"9 ,-~ ';:1<<:;t~~~'l\1-'~ ~~- i~~~1f~~~4' 'I! ... (\~,..,,~/!,,'#.' ,~ ~, '\,~~:.;;,,41~?,~/;.'~ '>" '~~.....:~/ ," ;#,< ~~/..." '~ 'tGI<:> ..~... '11".'0".". FOUNDED IN 1921 POST 428 IS THE OLDEST ACTIVE AMERICAN LEGION POST IN HARRIS COUNTY. THE AMERICAN LEGION BASEBALL PROGRAM WAS STARTED IN 1925. . THE FIRST NATION WIDE ORGANIZED LEAGUE FOR AMATEUR BASEBALL PLAYERS UNDER THE AGE OF 19 IN THE COUNTRY. THE FIRST NATIONAL TOURNAMENT WAS HELD IN 1926. THE FIRST PLAYER TO START HIS CAREER IN "LEGION BALL" AND BE INDUCTED INTO THE BASEBALL HALL OF FAME WAS BOB FELLER OVER 60% OF MAJOR LEAGUE PLAYERS BEGAN IN "LEGION BALL" INCLUDING LOCAL RESIDENT CHARLEY KERFELD FROM THE BEGINNING IN 1925 POST 428 TEAMS WERE MADE UP OF PLAYERS LIVING IN THE BAY AREA AND DEER PARK. THE GAMES WERE PLAYED MOSTLY IN DEER PARK UNTIL 1992 WHEN PLAY BEGAN IN LA PORTE AT THE HIGH SCHOOL FIELD. THE 1934 POST TEAM WON THE "GULF COAST" DISTRICT CHAMPIONSHIP. THE 1996 TEAM IS THE FIRST LA PORTE LEGION TEAM TO ADVANCE TO THE TEXAS STATE TOURNAMENT IN THE 70 YEARS OF COMPETITION BY WINNING THE DISTRICT 22 CHAMPIONSHIP AND THE DIVISION 2 CHAMPIONSHIP. THEY FINISHED THIRD IN THE STATE. MARCUS LEGRANGE COACHED THE TEAM FOR THE 6 YEARS PRIOR TO 1992 AND JOINED MICHEAL "PEE WEE" HICKS IN '92 AND '93 SEASONS TO FIELD TWO POST 428 TEAMS WHEN HICKS BECAME THE POST BASEBALL COMMITTEE CHAIRMAN. JOHN WILLIAMSON CHAIRED THE COMMITTEE IN '94 AND '95. THE '96-'97 CHAIRMAN IS JERRY VAUGHN. ~\.~..,ill.,""", ~(~/Fi..1 ~~" 0; ~'~%:"".I~':s '9 .'. -::!~,j~'" I( ""\,..,,~ ~I.' '1~~'i1f..~~,~",~ - ..~.','~,!,,9. 1- E\ \~If:.~ ~j7." ",$ oo;;~~<,,~~/~,.., '~ 12G Ie>.<<, '11"'0'.". e The American Legion e Hovey Bethea Powell Post 428 P. O. Box 14 (111 So. 2nd Street) La Porte, Texas 77572-0014 1996 AMERICAN LEGION POST 428 BASEBALL ROSTER COMMANDER BUFORD LEONARD BASEBALL COMMITTEE CHAIRMAN MANAGER HEAD COACH ASSISTANT COACH ASSISTANT COACH JERRY VAUGHN BILL WHITE BILL GORI DANNY McCABE MARK HOPKINS PLAYERS KASEY BRYANT J. C. CAVAZOS DEREK GARVIN JOEY GORI DANNY HANKS MICHAEL HANKS BOBBY HERRERA JOSH JOHNSON BLAKE KENDRICK ADAM LEE NATHAN MILLS CHRIS NICHOLS RICKY PENA BO PERDEW ERIC PERDEW BRET STOUT ROBERT TABB JEFF VAUGHN RESERVE PLAYERS JEREMY POWELL JOSH SOILEAU ~\'3-"lh,,!,,~ ~.. " R I .....", ,0,... ,",,--, ,,,.. v o "',~%:"".I~':S''9 'e. -::/~/;~'" I( ""~""', \~ ~I 'J4'~"--~"~~\",\,, I~I i~"lf:'i1't'''',J'.'j'i, F S\ '~.,,~, ."",,9.'.1'::;' ~\, \~~~~:(~/ /~ ,;~<:~~/;:.. '~~G'c>.-..<S' 'I""...,,,.,, e e REQUES~OR CITY COUNCIL AGENDA ITE~ Agenda Date Requested: November 11. 1996 Requested By: Guy Rankin Department: Planning X Report Resolution Ordinance Exhibits: 1. Executive Summary of Current and Proposed Provisions for Non-Conforming Uses, Structures, and Lots. 2. Proposed Amendments to the Zoning Ordinance (Article Four) 3. Letter of Recommendation from Planning and Zoning Commission SUMMARY & RECOMMENDATION Summary The Planning & Zoning Commission, during its May 16, 1996 meeting, held a public hearing to receive citizen comment regarding a proposed amendment to the City's Zoning Ordinance regarding a zone change request for Block 64; Lots 17-32; Town of La Porte. The applicant requested the expansion of a pre-existing, non-conforming use. The Planning and Zoning Commission recommended against the expansion of the non-conforming use and City Council upheld the recommendation of the Planning and Zoning Commission. However, the City Council suggested the Planning and Zoning Commission review our procedures on how we should handle non-conforming structures, uses, and lots of record in the future. Since the initial charge to review the Non-Conforming section of the Zoning Ordinance for possible recommendations to the City Council, the Planning and Zoning Commission has held at least four meetings regarding the subject. After a comprehensive review by the Commission, a public hearing was held during the regular scheduled meeting, October 17, 1996, to receive citizen comment regarding the proposed changes to the Ordinance. The Planning & Zoning Commission recommended changes to the Zoning Ordinance. Recommendation The Planning & Zoning Commission has recommended approval of the proposed amendment. Action Required by Council: 1. Conduct a public hearing. 2. Report Only. Availability of Funds: N/ A General Fund Capital Improvement Other VVater!VVastewater General Revenue Sharing Account Number: Funds Available: YES NO CURRENT ZONING 011 NANCE 1501 PROVISIONS FO.ON-CONFORMING USES. STRUCTURES AND LOTS OF RECORD Summary of Ordinance 1501 Section 4-200 Which Sets Forth the Policy of La Porte to Eliminate Non-conformity . Non-conforming structures: · May continue, but may not be enlarged. May be repaired, but not structurally altered. . After unoccupied for 180 days, abandonment occurs and structure may not be reoccupied unless in conformance with codes and ordinances. . If destroyed more than 50%, may not be repaired or replaced. . The Zoning Board of Adjustment hears all appeals relative to conformity, alteration or repair, abandonment, or destruction of non-conforming structures. · Non-conforming Uses: · May continue, but may not be enlarged or changed. . After abandonment for 90 days, may not be resumed. The Zoning Board of Adjustment hears all appeals relating to abandonment of non-conforming uses. · Non-conforming Lots of Record: . May continue, but no new development may occur unless in conformance with Zoning Ordinance. PROPOSED ORDINANCE 1501 PROVISIONS FOR NON-CONFORMING USES. STRUCTURES AND LOTS OF RECORD Summary of Proposed Changes to Ordinance 1501 Relating to Non-Conforming Structures and Uses Section 4-201: Non-Conforming Structures · All non-conforming structures may continue, subject to abandonment or destruction rules as set forth above. A structure that is non-conforming may be remodeled or improved, but not enlarged, without Board of Adjustment review and approval of a schedule for elimination or substantial reduction of the non- conformity. Section 4-202: Non-Conforming Uses . All non-conforming uses may continue subject to abandonment rules as set forth above and subject to the provisions relating to amortization of non-conforming uses (Section 4-205). Section 4-203: Notification of Non-Conformina Use Status · The Planning Director shall notify all known owners and occupants of pre-existing non-conforming uses and advise of exemption, amortization, and termination procedures. Section 4-204: A IiCatio_or Exem tion from Amortization uirement . Owners or occupants of non-conforming uses may apply to the Board of Adjustment for an exemption from the amortization and termination requirements of Section 4-205. The grounds for exemption shall be that the non-conforming use has no adverse impact on allowed land uses in the district or can be made compatible by complying with specified conditions. An exemption granted by the board may include a specific term or conditions to ensure reasonable compatibility. Said exemption could later be revoked through a similar hearing process (Section 4-206). Failure to apply for an exemption requires the Board of Adjustment to establish an amortization schedule. Section 4-205: Amortization and Termination . The Board of Adjustment shall hold Public Hearings to establish an amortization period for non-complying uses. Unless an exemption is granted, all non- conforming uses terminate at the end of the amortization period (a set time frame, not to exceed 30 years). Section 4-206: Revocation of Non-Conforming Use Status . Anyone of the following situations could initiate a Board of Adjustment action on a pre-existing non-conforming use. If the Planning Director, surrounding property owners, or the Zoning Board of Adjustment believe that a non-confirming use materially interferes with implementation of the Zoning Ordinance, a hearing may be held to consider limitation or revocation of the non-conforming use. Reasons for revocation could be: too much noise, emission of odors, too much traffic generated, improper hours of operation, lack of compliance with previously issued exemptions, City Codes or Ordinances, criminal activity, or other similar factors. A residential use that is non-conforming in the particular district in which such use is located shall not be subject to revocation. Section 4-500: Termination of Liquor Sale Establishments. etc. · All bars, lounges, taverns or other liquor sales establishments shall lose conforming status on expiration of their current liquor license, unless they are located in a General Commercial or Industrial Zone. Miscellaneous Notes . Structures that are accessory to a non-conforming use shall not continue after the non-complying use has terminated, unless it complies with zoning district regulations (Section 4-200). · Decisions by City and by Board of Adjustment may be appealed in accordance with Section 211.011 of the Texas Local Government Code (Section 4-204 (c) and Section 4-206 (g)). · There were no proposed changes to Section 4-300 non-conforming lots of record. · Structures are not subject to tear-down by the City, unless pursuant to City of La Porte Dangerous Building Procedures. e e ARTICLE FOUR: GENERAL PROVISIONS Section 4 - 100 Certified Site Plan Reauired Any person desiring to improve property shall submit to the Enforcing Officer a certified site plan of said premises and information on the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Ordinance. a. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; or 2) Said construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible. Section 4 - 101 No development shall occur upon land designated as a conservation area, unless a waiver is obtained from the City Council of the City of La Porte pursuant to the provisions of Section 12.07 of the Development Ordinance of the City of La Porte. Section 4 - 102 All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and in accordance with the adopted thoroughfare plan of the City of La Porte. Section 4 103 Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. Section 4 -104 On a through lot within residential districts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be twenty feet (20') for applying the yard and parking regulations of this Ordinance. - 28 - e e Section 4 105 Except in a shall be located closer than proposed street right-of-way. planned unit development, ten (10) feet from any no building existing or Section 4 - 200 Non-Conforming Buildinqs. Structures. and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Planning Commission and the Board to assist the City Council in achieving this goal by advising the City Council of their recommendations thereon. As necessary, the City Council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. 1. Section 4 - 201 Non-Conforminq Structures 1. Limitation on Reoulation No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to Section 10 Special Regulations, of this Ordinance. 2. Continuance of Non-Conforminq Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established - 29 - e e for structures in the district in which the non-conforming structure is located. The provisions of Section 4-201 (6) and Section 11-605(2) of this Ordinance are also applicable, and shall be followed. 3. Accidental Damaqe to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. 4. Obsolescence of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Replacement Cost In determining the replacement cost of any non-conforming structure there shall not be included therein the cost of land or any factors other than the non-conforming structure itself. 6. Repairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. 7. Enlargement to Non-complying Structure. - 30 - e e 8. Abandonment of Non-Conformino Structures A non-conforming structure, when abandoned, shall not resume. A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming structure's landowner or his occupant. Whether or not a non-conforming structure has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming structure during the period of cessation of use of the non-conforming structure. Section 4 - 202 Non-Conformino Uses 1. Continuance of Non-Conformino Uses , any non use may continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the - 31 - e e non-conforming use on the effective date of any amendment by which the use became non- conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses. ~~eqiotration of Non Conforminq Doe It ohall be the right of the teilanto and mmero of a non conforming uoe to regioter oame by oecuring a Certificate of Occupancy 0.0 pro7ided in Cection 11 of thio Ordinance. 2. Chanqinq a Non-Conforminq Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non- conforming use so changed shall not thereafter be changed back to a non-conforming use. 3. Abandonment of Non-Conforminq Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non-conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. - 32 - It e - 33 - e e Section 4 - 205 Amortization and Termination (a) Amortization of Soecific Non-conforminq Uses. - 34 - e e Amortization Period. Section 4 - 206 Revocation of Non-conforminq Use Status - 35 - e . - 36 - e e - 37 - e e - 38 - e e Section 4 - 300 Non-Conforminq Lots of Record Section 4 - 301 Continuance of Non-Conforminq Lots of Record Subject to all limitations herein set forth, any non-conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by these regulations. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. Section 4 - 302 Discontinuance of Non-Conforminq Lots of Record Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a non-conforming lot of record that is made conforming shall not thereafter be changed back to a non-conforming lot. Section 4 - 400 Zoninq of Annexed Property 1. All territory annexed hereafter to the City of La Porte shall be temporarily classified as R-1 Low Density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the City Planning and Zoning Commission shall commence any action necessary to recommend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within one hundred eighty (180) days from the date of annexaton. 2. In the event a development or subdivision is presented to the City Planning Commission prior to annexation, that specifies a particular land use, the Planning Commission may recommend zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. - 39 - e e 3. In an area temporarily classified as R-l Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses, are not permitted unless application for such structures or use is made to the City Planning and Zoning Commission for consideration and recommendation to the City Council. - 40 - /' e e .....~.,. '.. ,. ;, ~ y..~ ..'...,-"l.-.'-~."":,~"",, , SUNDAY, OCI'OBER 27, 1996 . THE BAVSHORE SUN . PAGE 7 PUBLlC'~TIC~,;i;;' "'1:,~..""",. ., '1./' . -~:J-' ,'<'. __' /1', -- . THE STATE OFTEXAS iCOUNTY OF HARRIS CITY OF LA PORTE , l. 'l{' , . N<;>TICE C?F PUBLIC HEARIN(j '~-'\\~-';~ ..~.'~' .,' - - --;~-;~;/'f -_- :\. : In accordance with the provisions' Of: Ordinance 1501, \he City of La Porte ZonIrig': Ordinance, notice is hereby given that the ; La Porte City Council will conduct a pu6llc hearing at 6:00 p.m. on the 11 th. clay of . November, 1996, In the CounCIl Chambers ' . of the City Hall, 604 ,West Fairmont, Parkway, La POrte, TexaS:" The' purpose of .. this hearing is to consider amendments to .' , Zoning Ordinance 1501 regarding Non-' Conbming Buikings, StrUctures, Uses, and ' Lois of Reco,rd; ~ectIOn,~2oo !l"d: +~,:/ f '. '-~ - "-~~; ,_,. _.. "';" ,..,:", n, .;{, ....,.-, ,,,-,~,,,,,-::';'<';~':<.'ht 'A regular meeting of the City Councllwilf' follow the public hearing for the purpose'. Of acting Uporlthe public tlearing ~.8Qd.. to conduct other matters pertaining to the ' City,Council. '. .' , , : ~. ";.~i:~'_,'~>~-.<--1: o. J:.'~-"j"~~'~;'" ~\~:-,':;;"1-?t ,CIlizsns Wlsting to address \he City CoUlci' pro or con during the Public Hearing will be required to sign in before the meeting Is convened. . CITY OF LA PORTE 4'-\j~:-',,; :~" -~....-.,,,._,: ""!;o? City Secretary Sue Lanes e e City of La Porte Eswblishecl1892 November 1, 1996 Honorable Mayor Norman Malone and City Council City of La Porte Re: Non-Conforming Buildings, Structures, Uses, and Lots of Record Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its October 17, 1996, meeting, held a public hearing to consider a proposed amendment to the City's Zoning Ordinance regarding Non-Conforming Buildings, Structures, Uses, and Lots of Record; Sections 4-200 and 4-300. The Planning and Zoning Commission has, by a unanimous vote, recommended that City Council consider approving this amendment to the Zoning Ordinance. Respectfully Submitted, /')' ~ ,<~ Ji-~Y",~a fi;v.Lj ,/L.{~ k.l ---- "'-' / I. Betty T. aters Chairman, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission Members r.o,p,uxlll'i. bPl1rte,Texas77'i72-lll'i. (713)471-5020 e e ....-'; .........~~. -~ .i~ REQUa FOR CITY COUNCIL AGENDA .M Agenda Date Requested: November 11. 1996 Requested By: Guv Rankin Department: Report Resolution Planning X Ordinance Exhibits: 1. Ordinance 1501- 2. Special Conditional Use Permit Application 3. Special Conditional Use Permit #SCU96-003 4. Area Map 5. Truck Route Map SUMMARY & RECOMMENDATION Summary The Planning & Zoning Commission, during its October 17, 1996, meeting, held a public hearing to receive citizen comment regarding Rezone Request #R96-004. The request, submitted by Robert C. Boncosky, the owner's agent, seeks to rezone a portion of Blocks 1203 and 1204; Town of La Porte now known as Tract 1 K, Johnson Hunter, Abst. 35, and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47. The property in question is further described as being located in the 1700 Block of South 16th Street, La Porte, Texas. The applicant seeks to have the property zoned Planned Unit Development (P.U.D.) with a Special Conditional Use Permit for a trucking operation with tank truck cleaning. The Commission unanimously voted to recommend to Council, approval of the request. In preparation for this public hearing, staff has satisfied all public notice requirements, including a mailout to the owners of all properties located within 200 feet of the tract in question. A total of 5 notices were mailed. If any replies are received, they will be provided to Council at the November 11, public hearing. Recommendation The Planning & Zoning Commission, by unanimous vote, has recommended approval of Rezone Request #R96-004. Staff concurs with the Commission's recommendation. Action Required by Council: 1. Conduct a public hearing. 2. Consider approval of Rezone Request #R96-004. Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Aporoved for City Council Agenda Water IWastewater General Revenue Sharing Funds Available: _YES _NO Q~T.~ Robert T. Herrera City Manager N 0\1. (p_ \C\ % DATE e e ORDINANCE NO. 1501-V ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 1]1h day of October, 1996, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular session on the 17th day of October, 1996, at 6:00 p.m., to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written e ORDINANCE NO. 1501-V Page 2 e recommendations of the City of La Porte Planning and Zoning Commission, by letter dated November 1,1996, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 11th day of November, 1996, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be " PUD - Planned Unit Development with a Special Conditional Use Permit" for a trucking operation with tank e ORDINANCE NO. 1501-V Page 3 e truck cleaning. The conditions of said Conditional Use Permit shall be that the property be formally platted as a 6.3192 acre tract. Further conditions are as set forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be set forth upon the face of the plat. The description of said parcels of land rezoned to General Commercial is as follows, to-wit: A portion of Blocks 1203 and 1204; Town of La Porte now known as Tract 1 K, Johnson Hunter, Abst. 35, and a portion of Tract 37 A & 37B, George B. McKinstry, Abst. 47 "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments to City of La Porte Zoning Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan Ordinance No. 1501 (A), Page 3. "Section 8. 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, Chapter 551, Texas Government Code; 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. e ORDINANCE NO. 1501-V Page 4 e "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 11 th day of November, 1996. CITY OF LA PORTE BY:'f1~ ;N. MAN MALO -E. - ayor ATTEST: By5~ ~ SUE LENES, City Secretary e e 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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of October, 1996, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider request R96-004, which has been requested for a portion of Blocks 1203 and 1204; Town of La Porte now known as Tract 1K, Johnson Hunter, Abst. 35, and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47,. The property in question is further described as being located in the 1700 Block of South 16th Street, La Porte, Texas. The request, which has been submitted by Robert C. Boncosky, the owner's agent, seeks to have the property in question rezoned from Planned Unit Development (P.U.D.) to Heavy Industrial (H.I.) A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Planning and Zoning Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary EXHIBIT A e e NOTICE OF PUBlIC HEi'RlNG . -.-..J'~.i' o:=:~~~~~~eLa~ On:lrnance, notice Is heret)Y'glv8n that La Porta Planning and Zontng ~ wiD conduct a public hearing at 6:00 p on the 17th day of October, 996, in Cou1ciIChambe ofllie '. '^ Fainn La 1 1200 Hwy. 146 Suite 180 P.O. Box 1414 TheB '.-', A regtilar meeting of the Plan~ing a Zoning Commission will follow the put hearing for the purpose of acting upon 1 pubIlc hearing items and to conduct oU matters pertaining to the p>nimiss!Ort ,-:' .'. ~ ., ; "'., , Citizens wishing to address the Plarlni and Zoning Commission pro or con duri the Public Hearing will be required to si in before the meeting is convened. ' County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorize 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 September 29. 1996 CITY OF-!.A PeR- CIty Secreta Sue Lenl ,L1A-/l L~ Sandra E. Bumgarner Office Manager Sworn and subscribed before me this ~ day Of}r]VZU~~ ,c;' A . D. 19 ..:z.f. . ~ J/"l..../1 . (..d_~c::.0/n. ~t~ Nota y PubllC Harris County, Texas ./.;r,.,..............~~~c.~.;..-~ - . '.>::r .................................................................................. ........I~> ~ EXHIBIT B e e City of La Porte Eswblishecl1892 November 1, 1996 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezoning Request #R96-oo4 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its October 17, 1996, meeting, held a public hearing to consider Rezoning Request #R96-oo4. The request, submitted by Robert C. Boncosky, the owner's agent, seeks to rezone a portion of Blocks 1203 and 1204; Town of La Porte, now known as Tract 1K, Johnson Hunter, Abst. 35, and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47. The property in question is further described as being located in the 1700 Block of South 16th Street, La Porte, Texas. The applicants seek to have the property in question zoned Planned Unit Development (P. U. D.) with a Special Conditional Use Permit for a trucking operation with tank truck cleaning. The Planning and Zoning Commission has, by unanimous vote, recommended that Rezoning Request #R96-oo4 be approved. Respectfully Submitted, /~ " , ./ i # ~ --I-J-, ~ -;' /~., ), -;;; J ~c./ Ii,' _/ ~"v.;:;t--... ..../. - .' "~A / " Betty T. Waters Chairman, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission EXHIBIT C ['U f)(lX I [ l'i · LI ['(lnc. Tcx;j, 77'i72.111 'j · (71 \) 471.)(12l" e e 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 11th day of November, 1996, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R96-004, which has been requested for a portion of Blocks 1203 and 1204; Town of La Porte now known as Tract 1K, Johnson Hunter, Abst. 35, and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47,. The property in question is further described as being located in the 1700 Block of South 16th Street, La Porte, Texas. The request, which has been submitted by Robert C. Boncosky, the owner's agent, seeks to have the property in question zoned Planned Unit Development (P.U.D.) with a Special Conditional Use Permit for a trucking operation with tank truck cleaning. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the City Council. Citizens wishing to address the City Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary EXHIBIT D County of Harris THE STATE OF~ .cOUNTY OF Hf'~~" . CfTYOFLAP~ .'. . - ", ,)9~'~F~a~~;d:~~i~4 ~~.:.i~.:~ S Ordinance, notice is.hereby" giWr\ tt18l , La Forte City Council will conduct a P\J heariI1g at 6:00 p.m. on the 11t11,~ Nowmber, 1996,ln the Coui1cII Chai'rit of the ,,9!ty ,tlall, 04 .,West ~!~ Parkwail.a Porte, as. .The purpOs' this hearing is to cider re &qI. IR$6-0Q4 which ~ sted a .. _ 1203 , 4;Tc of La ' 1 . t d .. "Of f ~ e B. nst!Y. Abst 47.- iri' , is further describec being -, t~ in the 1700 B~ ,0(80 16th Street, La Porte. Texas. The requf which has been submitted by ~~rt Boncoeky, the owner's agent, ~ tQ 1:\, 1he property in question zcn8d ~ t Development (P.U.D.). "~ ,l":~p~1 ~~PemIt~,~~~ . with tank truck clean!rig. '-::-:'::-::C:~ Before me, the undersigned authority, on thls date _~""""_",,~,,,"""''''~_''' A regul8f meeting of the City CouricIl came and appeared Sandra E. Bumgarner, duly author ized follow Jh8,j)ubllc he8rlrig for the purp< . of ,8!l;lIrJg upon the public hearing items , agent of The Bayshore Sun, a seml-weekly ne\vspaper toconduCtothermatterspertalningto City Cotn:il. 'r~ ' published in La Porte, Harris County, Texas, and who f' '''i,t:~Wjii1 " CitIzens wishing to addniSs the City Cou after be ing duly sworn, says the attached notice was pro or con during the'PutilicHearing be required to llign: 1n before .the.:meet published in The Bayshore Sun of October 27, 1996 is convened. e e 1200 Hwy. 146 Suite 180 P.O. Box 1414 TheB re State of Texas CITY OF LA POR ~~J.~~ 'sandra E'. Bumgar~ r Office Manager ".. , . ,,;. ;:z.1tllf;;t lI-,-_u-"aJ. .....}.... .f">."....L'..1l Sworn and subscribed before A.D. 19q~. me this ~ day Of'-J7rt-~<G.'C.../ ~,,~Jn./k~ Not y Public Harris County, Texas ,';,;,::.-;r................:.':;r_~..;,...... _ EXHIBIT E 11-B8-1996 12:33PM FROM W ~ EHGRS INC ',~ l e 4717168 TO P.e2 i ; . . I . Being 6.3192 acres of land d~bed in Correction General Warranty Deed !e und~r Fih~n Code No, 036-000876 of the Harris County Offtclal Public Record~ Real Property; :beIng out of a portion Pf Block 1203 (called 1236 In said correction d,ee . of a;portl~n of Block 1204 (call~ 1235 In said correction deed), aut of a portio~ of est . Q Slreet, ~d' out of a pOrtion of 1r7" Street, per map of the City of La Porte, T8X~, V lume eo, Page ~ 12. Ha~ Co~nty oeeb RecordS; being aut of the George B. McKinstry S rvey, A-4? and; th~ Johi1sori.HunledSurvey, A-35, Harris County, Texas; and be,ng more : p~cular1Y de8cri~ed by metes ~nd bounds as follows: ~ .. . .. . ;! : ~ CO~MENCING fer reference at the Intersection of the westerly line of Powell Ro.d ( lied . 16~ Stre.t dn abOve .Id map! of the City of La Porte, Texas); SO feet wfdeJ wi the . so~herly: line of West Q Street <as shown on above said map of the City of J-a orte, : Texas), 60 feet wide; . i ~ : ~ ~ .' . . . I . i . TH~NCEi N. 02-56'39". W, 15,~7 feet along the westerly line of Powell ~ i ; POINT OF BEGINNING' i ~ ~. . . i' ~ . TH~NCE~ S:8S-S9'35"'W, 917.~5 feet along a line within the right-at-way of a~v said : ~ i West Q Street, to a JPolnt in the easterly line of the Southern Pacifiq Ra lread : ; rlght-of.:.way; ! : : :. . i : . ~ ~ . TH~NCEi N 03003'221' W, 3odroo feet along the easterly line of the Southetn : ~ ; Railroad right-of-wa~l to a point for comer; ~ ; : :: ! TH~CE~ N~ 8605$'35'~ E, 917 .~4 feet to a point in the westerty line of Powell $tr I : ::. ~ ~ : TH~NCE! S 02056'39" E, 300.0Q feet along 1he westerly line of Powell Street to! th , ~ ~ o~ beginning; ! . 1 ! ! l f i I , i I I ! TOTAL P.82 ~ I. e e CITY OF LA PORTE Permit No. SCU96-003 SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A ORDINANCE 1501 This permit is issued to: Robert C. Boncosky Owner or Agent 1301 Industrial Drive. Lane In The Hills. IL 60102 Address For Development of: Trucking Operation with Tank Truck Cleaning Development Name 1700 Block of South 16th Street Address Legal Description: A portion of Blocks 1203 & 1204: Town of La Porte now known as Tract lK. Johnson Hunter. Abst. 35. and a portion of Tract 37A & 3m. George B. McKinstry. Abst. 47. Zoning: Planned Unit Development 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 it's 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. AJditional Conditions - See Exhibit -A- " Validation Date: 11/11/96 ~Kl tra~ n. ector of Planning ~ ;;;!?~ City Secretary e e Special Conditional Use Permit #96-003 Additional Conditions 1. The property be formally platted as a 6.3192 acre tract. 2. Any development beyond that currently presented will reqUire a separate Special Conditional Use Permit. 3. No changes or amendments shall be made to the recorded General Plan (site plan) and covenants without first obtaining authorization from the City of La Porte. 4. Drainage plans shall be approved by Harris County and the City of La Porte. 5. It should be noted in the deed covenants that the use of this property is limited to a trucking operation, which includes tank truck cleaning. 6. Applicant's submittal and filing of a General Plan (site plan) in accordance with the City's Zoning Ordinance 1501, Sections 8-400 and 10-100. 7. Proposed deed restrictions, assessments, and covenants shall be approved by the City of La Porte and included on the General Plan (site plan) prior to the formal recording of said document. 8. Landscaping shall be located across the front of the property to provide compatibility with proposed neighboring residential land uses. Required landscaping shailbe properly maintained in the future. 9. All owners of said property should provide their signatures authorizing the platting of the 6.3192 acre P.U.D. tract. 10. Ask the developer to place any buildings near the front or South 16th Street frontage along with the landscaping referenced in Item #8. The tank cleaning and truck operations would be located in the rear or west side of the property . 11. Ordinance # 1352 amended Chapter 25, Article V, S. 25-84, of the City's Code of Ordinances, to read: Truck terminals shall be located in areas directly adjacent to the right-of-way of a designated truck route. Section 25-81 identifies 16th Street, from Barbours Cut Blvd. south to Fairmont Parkway, as a designated truck route. The property is located south of Fairmont Parkway and is not currently on a designated'" truck route. Approval of the proposed truck terminal (SIC #4231) should be subject to this portion of 16th Street being approved as a truck route by La Porte City Council. The rezoning would be conditional upon said approval. EXlllBIT A 0::: 0::: Q.. (f) FAlRMONT PARI<JIAY 1092 BR~ EJEJB + WEST"}( . 1140 1139 1137 1138 1136 1135 1134 WEST "L" ST. 1141 1142 1143 1144 1145 1146 1147 1176 1175 WEST 1177 "N" ST. 1178 =F o 0::: ---l ---l W ~ o CL to .q- ..-- I (f) ... I 1: =*= I I + I + 1700 BLOCK S 6.3192 Ac. TRAd66~ ~POWELL RD.) APPLICANT: ROBERT C. B~'~COSKY EXHIBIT A .~ . , ~4':4~ (I.. :J,l ~ r:'-~ ;:-T~ ~I fj t!~ .~ ---.. 1. I~ ('\ I I ~ ""-1- )II' - -I- - :~,.,~.... ~8~~--- - ---- "...;......";jJ .. .. . _I~-,. I o. ''-L.... .... --.~ .~ --I 7 I ,... ". ,.,. ""'!I: \11I I !:: v ./ . ... '"~.... ... '1 ~rl -~i-n -1'1~ .01. ~. · - - -I- ......, ~ - - - ...... ~~ - - -- \ 10... __~___ r---\ ~ ,-..., 1.-..._ : iATES 7 I " ) · , _ _ __....._~ ~' r-... ~ POST ;RA,!LER: ~( .... /' tT - - .p:-- L__ ~ \ 1.17;- tITE --C Ll - - -.= ~'''' -t .k- -\-\- ~ ~ --: .........-i ;~i!"e "I.,-,.~I \ I ~ :- -- ,._'-'i......" '1,~i... , . 3 I . . I .l:J j\"l r-.~ · --~ -- --~ L, .- I'D. .. .. ,.. - AI' - - -- .. . I t '\.' ...... - - . . 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II . . · · .' .,"~ ... -- .. _ . _ ."...x ,. . j(. S · 7j.i' · ~ · .,_"~ \..~ ..- IIIli ' __ _ S ~ ..... -'-'--..:: ,I ~ ~ _,'i J - . ....:.....:.:. ,-~., ~ t~..-Y":. ."100 -. .'--" ~ _ .I...~ / ,r. ~~ :d' " ~, " - ~:'!.:":' - - -... /) - -, :t .. "t" : .:::1.1- · .- .. - -.. '.Q, , ,~,_ 'C7;" ~ - ------; .~ 1.- -= ~ " .i:e .....I~~-.. I ~ I' (~- -l~ - ~~/4 'E-~--- _l_~ ~' III - f-ir- ~H, ---i-\--I~.~ '. '} :.~.:-j Is I ~\ In\.E_- ~ ~ I \ ~ :..~ r 1-- S"tL,AN =, '0 ' ::j'l~~. : · IJ... ~- , ' 8 j,,-.@ . \ ~ ..~ --...,~ -=- ~~- ..7 ~ 7~'- ,-,,-~-==-,;- ~~- 1 ~ "-- "'-....... -,;; ....c -;t.... -,_ t ~ ... ... :a o -' \ I~ .~~- if--.. CAl PA.~ IS ~ ~ II . -:-- \:. ao __ i- \ ~( errl ~ ,.-+ "S Ita IS C7 __i- . . 7 . - -- ~ 11 .... - ~ ~ . ;. . .. . . /J::\ //'" .. i .~ : ~ Ii 1, ' \ ~ · ~ \1 ) 1 ~~'1J I ( " + J ,_ L.--::. .~ BARS ~ ~I-, -.. ~I_. _ BECKS Aa..'"Th'T1C , .-.a.....~., :..-.......~ ~ITY OF LA PORTE . -APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT OFFICE USE ONLY: Fee: $100.00 Application No.: seu.. 9 Date Received: J:;e~ ~ Certified Plans Submitted: () General Plan pry Minor Developement Site Plan () Major Development Site Plan () Preliminary Plat Person Making Request: 'R I") br>rt c. Boncl")~'ky Mailing Address: 1301 Tnr1u~trial Drivp City/State: I,akr> Tn The Hil1~, 11.66102 Phone: (847) 658-2570 BUS~SSNA]{E: Bonco~kv Sr>rvicps, Inc. PROPERTY ADDRESS: 1700 Block of South 16th LEGAL DESCRIPTION: A porti on of Blocks 1203 and 1204, Town of Laporte ZONE: P . U . D . TYPE OF BUS~SS: Trucking- operation Nl")v. 4, 1096 DATE Date of P & Z Public Bearing: OFFICE USE ONLY /01/'7/C}0 f I II /11 /q~ I I Recommendation(!) or N Approved: Y or N Date of City Council Meeting: Zone: PtL D. This application is : Approved ( ) Permit No. Denied ( ) CLP JOB # (If Assigned Yet) Conditions: DATE ZONING ADMINISTRATOR tjt]l)-04-1':l'36 14:57 FROi'14JHCG31<\' TF~Htl~=;F'I]PTHT I eXI TI] e 17134706617 F'.m ~~~ttlb 1307 INDUSTRIAL DRIVE. LAKE IN THE HILLS, IL 60102 847/658-2570 . 1.800-323-6277 FAX 847/658-1132 November 4, 1996 City of LaPorte P. O. Box 1115 laPorte, TX 77571 TO WHOM IT MAY CONCERN: Fred D. Thompson is authorized to sign on my behalf the application for Special Conditional Use Permit for the 6.3 acre tract in the 1700 block of South 16th Street. Sincerely, e~~ President Boncosky Services, Inc. RBI IT B.B. & L., Inc. Seyller Tran$porl, Inc:. Boncosky Services, Inc. Boncosky Trenspc .st/on, Inc. . Boncosky Transportation S.rvicss./nc. . . - .......~.:: .+ REQUa FOR CITY COUNCIL AGENDA 11M Agenda Date Requested: November 11. 1996 Requested By: Guv Rankin CPiAv Department: Planning Report Resolution x Ordinance Exhibits: 1. Ordinance 1501- 2. Area Map SU'MiOI'ARY 1-'RECoiViiviltN'bA iioN Summary The Planning & Zoning Commission, during its October 17, 1996, meeting, held a public hearing to receive citizen comment regarding Rezone Request #R96-005. The request, submitted by the owner's agent, James H. Robertson, seeks to rezone Trs. 17B, 17D, & 17E, Crescent View. The property in question is further described as being located at 2803 Old Hwy. 146 (S. Broadway). The applicant seeks to have the property rezoned from High Density Residential (R-3) to General Commercial (GC) for use as a tavern. The Commission voted to recommend to Council, denial of the request. City Council may vote to amend the Zoning Ordinance or uphold the Planning and Zoning Commission's recommendation. The Planning and Zoning Commission, by unanimous vote, has recommended denial of Rezone Request #R96-005. Section 11- 507 (8) of the Zoning Ordinance states that "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 the Ordinance or boundary be denied." Therefore, to approve the Rezone Request, 3/4 of the City Council, or seven (7) votes is required. In acting upon a zone change request, the Planning and Zoning Commission and in turn, City Council, are charged to consider the following factors: . Was the current zoning designation reasonable? . Was any error made in the assignment of the current zoning? . Is the requested designation compatible with the intent and goals of the City's Comprehensive Plan? It is the burden of the applicant to demonstrate whether any of these criteria have been satisfied. If Council approves this request, a legal description of the area to be rezoned will be provided by the applicant. . . In preparation for this public hearing, staff has satisfied all public notice requirements, including a mailout to the owners of all properties located within 200 feet of the tract in question. A total of 5 notices were mailed. If any replies are received, they will be provided to Council at the November 11, public hearing. Recommendation The Planning & Zoning Commission, by unanimous vote, has recommended denial of Rezone Request #R96-005. Staff concurs with the Commission's recommendation. Action Required by Council: 1. Conduct a public hearing. 2. Consider approval of Rezone Request #R96-005, amending Ordinance 1501. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: _YES _NO Robert T City Ma ORDINANCE NO. 1501- - \ \ v'6 e ORDINANCE AMENDING ORDINANCE NO. 1501, MORE C TO AS THE ZONING ORDINANCE OF THE CITY OF LA P CLASSIFICATION F THAT CERTAIN PARCEL OF LAND MAKING CERTAIN INDINGS OF FACT RELATED TO THE UBJECT; FINDING COMPLIANCE WITH E OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY TH CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City ouncil of the City of La Porte hereby finds, determines and declares that heretofore, t -wit, on the 1]lh day of October, 1996, at 6:00 p.m. a Public Hearing was held before t e Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due noti e as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning c1assific ion of the hereinafter described parcels of land. There is attached to this Ordinance as hibit "A", and incorporated by reference herein and made a part hereof for all purposes, copy of Notice of Public Hearing which the City Council of the City of La Porte hereby fi s was properly mailed to all owners of all properties located within two hundred feet (200') 0 he properties under consideration. "Section 2. The publisher's affidavit of publica of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference erein and made a part hereof for all purposes. "Section 3. Subsequent to such public hearing, the Pia ning and Zoning Commission of the City of La Porte met in regular session on the 1]lh ay of October, 1996, at 6:00 p.m., to consider the changes in classification which were e subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter O:\CLP\Ordinances\ 1501-_ e e dated November 1, 1996, true copy of which letter is attached hereto as Exhibit "C", incorporated by reference her in and made a part hereof for all purposes. "Section 4. Subsequent 0 receipt of the recommendation of the City of La Porte Planning and Zoning Commi ion, the City Council of the City of La Porte called a public hearing on the proposed class ication changes and the recommendation of the Planning and Zoning Commission on th 11th day of November, 1996, at 6:00 p.m., and pursuant to due notice, to consider the commendation of the Planning and Zoning Commission regarding the possible reclas 'fication of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Coun .1 of the City of La Porte hereby finds was properly mailed to the owners of all properti s located within two hundred feet (200') of the properties under consideration. "Section 5. The publisher's affidavit of publica 'on of notice of said hearing is attached hereto as Exhibit "E", and incorporated by refe nee herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La recommendation of the City of La Porte Planning and Zonin Commission, and the zoning classification of the hereinafter described parcels of Ian , situated within the corporate limits of the City of La Porte, is hereby changed, and the oning classification of said parcels of land shall hereafter be "G.C. - General Commercial.' The description of said parcels of land rezoned to General Commercial is as follows, to- Tracts 178, 17D and 17E, Crescent View O:\CLP\Ordinances\ 1501-_ 2 e e "Section 7. Pursl\ant to Section 11-507(8) of the Zoning Ordinance, City Council hereby finds that at least 3/4th of the City Council voted to overrule the recommendation of the City lanning and Zoning Commission that the proposed zoning change request described her in be denied. "Section 8. The City C ncil of the City of La Porte hereby finds, determines, and declares that all prerequisite of law have been satisfied and hereby determines and declares that the amendm nts to the City of La Porte Zoning Map and Classification contained in this Ordi ance as amendments to City of La Porte Zoning Ordinance No. 1501 are desirable an in furtherance of the goals and objectives stated in the City of La Porte's comprehensive Ian Ordinance No. 1501 (A), Page 3. "Section 9. The City Council offi 'ally finds, determines, recites and declares that a sufficient written notice of the date, h r, place and subject of this meeting of the City Council was posted at a place convenien to the public at the City Hall of the city for the time required by law preceding this meet g, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during wH'ch this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such wri en notice and the contents and posting thereof. "Section 10. This Ordinance shall be in effect fr m and after its passage and approval. O:\CLP\Ordinances\ 1501-_ 3 e e PROVED THIS THE DAY OF 1996. CITY OF LA PORTE By: OR '< rcJ MAN MALONE, Mayor ATTEST: By SUE LENES, City Secretary O:\CLP\Ordinances\ 1501-_ 4 e e 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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of October, 1996, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider request R96-005, which has been requested for Trs. 17B, 17D, & 17E,' Crescent View. The property in question is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. The request, which has been submitted by James H. Robertson, the owner's agent, seeks to have the property in question rezoned from High Density Residential (R-3) to General Commercial (G.C.). A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Planning and Zoning Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary 'EXHlBIT A 1200 Hwy. 146 Suite 180 P.O. Box 1414 ,.' ~ e e TheB County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorize 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 Sept~ 29, 1996 NbTICEOF PUBLIC HEMING In accordance with me provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will cond t a public hearing at 6:00 p.m. on the 7t. d~ of October, 1996, in the Coun C ~rsOfthe~i ,Hall,604West Fairm n rk ay, La P r Texas. The pu of is 'is 'sider request R96-005, w 'c~a b en req sted forTrs. 17B, 170, &~7E, cent View. The property in qu tion further described as being located t 28' 3 Old Hwy. 146 (S. Broadway), La Porte, Texas. The request, which has been submitted by James H, Robertson, the owner's agent, seeks to have the property in question rezoned form High Density Residential (R-3) to ,3eneral Commercial (G.C.). A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matteRl pertaining to the Commission. Citizens wishing to address the Planning and Zoning Commission pro or con during the Public Hearing will be required to sign In before the meeting is convened. CITY OF LA PORTE City Secretary Sue Lenes ~).~~ (sandra E. Bumgarne ' Office Manager t his t/ day 0 f /1t7tu--n-oL~ ~C-0h ~~ Not ry Public Harris County, Texas Sworn and subscribed before me A.D. 19~. EXHU" \J e e City of La Porte Established 1892 November 1, 1996 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezoning Request #R96-005 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its October 17, 1996, meeting, held a public hearing to consider Rezoning Request #R96-005. The request, submitted by James H. Robertson, the owner's agent, seeks to rezone Trs. 17B, 17D, & 17E, Crescent View. The property in question is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. The applicants seek to have the property in question rezoned from High Density Residential (R-3) to General Commercial (GC). The Planning and Zoning Commission has, by unanimous vote, recommended that Rezoning Request #R96-005 be denied. Respectfully Submitted, /' ,- /,d. / 4\ I y~ 'eLJ;f-.eJu/ ~/;y-- , /) / Betty T. Waters Chairman, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Joorns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission 't:VI-lIBIT C P,O. Box 1115 · La Porte, Texas 77572.1115 · (713) 471.5020 e e 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.K. on the 11th day of November, 1996, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request.#R96-005, which has been requested for Trs. 1 7B, 170, & 1 7E, Crescent View. The property in question is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. The request, which has been submitted by James H. Robertson, the owner's agent, seeks to have the property in question rezoned from High Density Residential (R- 3) to General Commercial (G.C.). A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the City Council. Citizens wishing to address the City Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary EXHIBIT D ~ 1200 Hwy. 146 Suite 180 P.O. Box 1414 '. '-" ~ . ;, e . La Porte; Texas 77571 (713) 471-1234 TheB 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 October 27, 1996 ~~.~~ Sandra E. Bumgarner Office Manager this L day Of~ ~c=h .;I~ Not ryi Public Harris County, Texas which has bee~~li'ib".'ip~d by James H. ,.ir..r..;'"..;'"................................~~..."' Robertson, the OWr.Ier's a~ent,,$geks to have the property in questi'rn rezoned from High ......I'V PlI<< FRANCES M. WILLIAMS ~ Density Residential' (R-3)~to General :. ,?~ NOTAlltY PUBL.IC, STAte OF TEXAS , Cornmercial (G.C.). . ., ,~;~~ MY COMMISSION EXPIRES ~ A regular meeting of the City Council Will ,':1~("Of1~ MARCH 26. 1998 ~, follow the public hearing for.th~ purpose ,~....../....../.............,........................../...........................................r",,",-:,,\ of acting upon the public heanng Items and to conduct other matters pertaining to the City Council. c Sworn and subscribed before me A.D. 19~. THE STATE"OF TEJP'O. COUNTY OF'HA~HIS ' CITY OF LA POrTE ~. NOTICE 'OF PUBLIc HEARING In accordance with the provisions of Orelinan~01 J the City of La Porte Zoning Oreli ace, otl e is her~W iven that the La p~rt Ci C unci! wilf co~uct a public heari g 6:0 p.~ the 11th day of Nove ber, 199 ,in the ounc I Chambers of th City II, ~g · West Fairmont Parkway, La Po te, ~as. The purpose of this hearing is t consider rezone rel!luest #R96-005, which has been requested for Trs. 17B, 170, & 17E, Crescent View. The property in question is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. The request, Citizens wishing to address the City Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE City Secretary Sue Lenes EXHIBIT E o 100 200 ... ---- -- 1. 2803 OLD HWY. 146 (S. BROADWAY) TRS. 17B, 170. & 17E; CRESCENT VIEW J fE.D ~... CClI't'UT'! APPLICANT: JAMES H. ROBERTSON OF LA PORTE ,ECTOR 30: EXIIlING LAND USE ........,-... llI!Mlltt - """" ttAU; ,._ 1>>.1EI_ "..., """ EXHIBIT A LEGEND 0 SINGLE-FAMILY DETACHED RESIDENTIAL ~ MULTI-FAMILY DETACHED RESIDENTIAL e~ COMMERCIAL/OFFICE INDUSTRIAL . PUBLIC/INSTITUTIONAL ~ PARKS & OPEN SPACE . UNDEVELOPED . OPEN WATER 0 OTHERS/PUBLIC R.O.W. -.-----..- SECTOR BOUNDARY -,'.".".".".,'."- CITY LIMIT ZONING BOUNDARY - SOUTH PROPOSED NEIGHBORHOOD COMMERCIAL . e . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11. 1996 Requested By: Steohen L. Barr Department: Parks & Recreation Report Resolution XXX Ordinance Exhibits: 1. 2. Exhibit A - Changes to Ordinance 94-1976 Ordinance No. 96-1976A SUMMARY & RECOMMENDATION There have been problems in the past regarding the rental policies established by Ordinance No. 94-1976 which governs the rental of the Rodeo Arena. In particular, the strict interpretation of the Ordinance requires that a ReservationlDamage Deposit be required for each event reserved at the Arena. If an individual or group wanted to have a series of six, eight, or ten events at the arena, they would be required to put up a One Hundred Dollars deposit per event or, in the cases as outlined above; Six Hundred to One Thousand Dollars in reservation fees. This places an undue burden on some groups who must deposit large sums to reserve the facility when scheduling events in series. Staff met with representatives of the La Porte Livestock Show and Rodeo Association and established wording that should be changed in the existing ordinance. Attached as Exhibit A is a reprint of the existing ordinance and well as additions. Additions to the ordinance are indicated by shading; removals by strikeout. The proposed Ordinance amendment provides for a maximum of One Hundred Dollars for multiple rental reservations at the Arena. However, if the group or individual cancels two reservations in any calendar year, they would then be required to post the One Hundred Dollar Deposit for each scheduled event for the remainder of the calendar year. This would prevent an individual or group from scheduling events, then canceling at the last minute; thereby depriving the City the right to rent to someone else. The proposed Ordinance amendment also clarifies the procedure for Arena reservations by telephone. Staff recommends approval of the Ordinance amending Ordinance No. 94-1976 which governs the rental fee policy and schedule for the La Porte Livestock/Rodeo Arena. Action Required by Council: Consider approving the Ordinance amending Ordinance No. 94-1976 which governs the rental fee policy and schedule for the La Porte Livestock/Rodeo Arena. Availability of Funds General Fund _ Capital Improvement Other WaterlWastewater _ General Revenue Sharing Account Number: N/A Funds Available: YES NO Approved for City Council Agenda Pot>. ~ ) r 76 Date .. e e ORDINANCE NO. 96-1976A AN ORDINANCE AME~DING ORDINANCE NO. 94-1976, WHICH GOVERNS THE RENTAL FEE POLICY AND SCHEDULE FOR THE LA PORTE LIVESTOCK/RODEO ARENA; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That Section Four and Section Five of Ordinance No. 94-1976 shall be amended to hereafter read as follows, to-wit: "Section 4. Reservations for the use of the Arena may be made, after January 15th, for each current calendar year either by phone or in person at the Parks and Recreation Administration office or any other place that may be designated from time to time. Reservations must be accompanied by a Reservation and Damage Deposit (Deposit) of $100.00. The Deposit must be received by the Parks and Recreation Administration office by close of business of the second business day after the day the reservation was made. The Deposit will reserve the facility for the Lessee until rental payments are made and will apply toward any damage to the Arena caused by the Lessee. The Deposit will be refunded to the Lessee within fifteen (15) days after the event, less any deductions for damages incurred. The maximum Deposit amount for anyone individual or organized group for multiple reservations shall be $100.00, unless the individual or organized group cancels two (2) reservations in a calendar year. If the individual or organized group cancels two (2) reservations in a calendar year, they will then be required to post an additional $100.00 Deposit for each reservation made for the remainder of the calendar year in which the cancellations were made. If reservation is made with less than two (2) weeks notice, rental fee and deposit are due by close of business of the next business day, and must be paid in cash, cashier's check, or money order. Section 5. For rental dates that are canceled, the Lessee shall provide written notice of the cancellation to the City at least two (2) weeks prior to reservation date in order to receive a full refund. Reserved dates that are-canceled less than two weeks prior to the event, will result in forfeiture of the Deposit for that date, and no refund of rental fees shall be given. Rental fees may be applied to another date, pending availability," -'" e e ORDINANCE NO. 96-1976-A page 2 Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid, Section 3, This Ordinance shall take effect and be in force from and after its passage and approval. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this 11th day of November, 1996. CITY OF LA PORTE By: Ib~~{ Norman L. Malone, Mayor ATTEST: ~LJ Sue Lenes, City Secretary A[ZcJ L Knox W. Askins, City Attorney e e Exhibit A Proposed additions to Ordinance 94-1976 are indicated by shading; removals by strikeout. the cancellation to the City at least two (2) weeks prior to reservation date in order to receive a full e e e . ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG TELEPHONE 281 471-1BB6 TELECOPIER 281 471-2047 CHARLES R. HUBER. JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION October 31, 1996 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Gentlemen: The franchise agreement between the City of La Porte and Prime Cable, as previously extended, expires December 31, 1996. Negotiations for renewal of the franchise with Prime Cable were suspended when Prime Cable transferred its franchise agreement, with Council approval, to TCl Cable. Negotiations are in progress with TCl Cable for renewal of the franchise. I request Council to further extend the existing franchise to June 30, 1997. This will give us time to complete negotiations and publication of the renewal franchise agreement. {I ~. 71i;r/;;~ ~~ w. Askins City Attorney City of La Porte KWA: sw Enclosure , . e e ORDINANCE NO. 96- 2040 AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT, WHICH EXPIRES ON DECEMBER 31, 1996, THROUGH JUNE 30, 1997; HAltING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; 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 ra~ifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. r-- , e ORDINANCE NO. 96-2040 e PAGE 2 PASSED AND APPROVED, this 11th day of November, 1995. By: ATTEST: ~~ Sue Lenes, City Secretary ! APt2t;z;J o;;~0 Knox W. Askins, City Attorney CITY OF LA PORTE ~~~~- N an L. Ma , Mayor . e REQ.T FOR CI1Y COUNCIL AGENDA L Agenda Date Requested: November 11~ 1996 Requested By: Robert T. Herrera Department: Administration Report Resolution XX Ordinance Exhibits: 1. Ordinance No._ 2. Lease Agreement SUMMARY & RECOMMENDATION ~ ;;: 'f 8 The attached ordinance authorizes the City of La Porte to lease approximatel~ cres of land to James J. Flanagan Shipping Corporation for property we own in Morgan's Point, Texas. The City of La Porte will be paid $900.00 monthly per acre for this property based on a negotiated lease agreement for a period of 15 years. An annual cost-of-living adjustment will be applied to the monthly rental beginning on January 1st of each year of the lease, with December 1996 as a base year. James J. Flanagan Shipping is responsible for obtaining all permits and licenses necessary to develop the property (Morgan's Point, TNRCC and others) for its intended use. In consideration to Flanagan for improving the property and securing all engineering approvals, the City agreed to waive the first year of payment. We estimate the cost to James J. Flanagan Shipping to develop the 5 acres is approximately between $300,00 and $500,00. There are other provisions contained within the lease agreement that address insurance, rail opportunities and landlord's rights that help protect the City's position in this lease agreement. Action Required by Council: Authorize City ~~er to execute lease agreement with James J. Flanagan Shipping Corporation fo~4 acr s of land. ~5: '( B Availability of Funds: General Fund WaterlWastewater Capital Improvement General Revenue Sharing - - Other Account Number: Funds Available: YES NO Approved for City Council A2enda Q~T~ Robert T. Herrera City Manager II - % -9 ~ Date .. . e ORDINANCE NO. 96- 2041 AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND JAMES J. FLANAGAN SHIPPING CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms . such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ,.. e ORDINANCE NO. 96-2041 e PASSED AND APPROVED, this 11th day of November, 1996. ATTEST: ~_f~ Sue Lenes, city Secretary A~PROVED: / ~i -uJa~ Knox W. Askins, / , City Attorney By: CITY OF LA PORTE ~d~;L ~ /N an L. 'Ma16 , Mayor PAGE 2 e e REQulT FOR CITY COUNCIL AGENDA L Agenda Date Requested: November 11~ 1996 Requested By: Robert T. Herrera Department: Administration Report XX Resolution Ordinance Exhibits: 1. Resolution No. 2. TML Resolution Cover Sheet SUMMARY & RECOMMENDATION The City of La Porte would like to submit a resolution for presentation by Councilmember Alton Porter to the Texas Municipal League Resolutions Committee on November 13, 1996, at the Texas Municipal League Annual Conference. The attached resolution recognizes propane gas as an alternative fuel source and encourages the Texas Municipal League and the Texas Railroad Commission to continue promoting equitable regulations of propane gas to foster economic growth within the state. Consideration of this resolution will be based on a 2/3 vote of the Resolutions Committee in Corpus Christi. Action Required by Council: Approve Resolution No. _ for presentation to the Texas Municipal League Resolutions Committee. Availability of Funds: _ General Fund_ WaterfWastewater _ Capital ImprovemenL General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda a~ Robert T. Herrera City Manager NO". <0 l11b J Date e e 1996 TML RESOLUTION COVER SHEET Sponsoring Entity: City of La Porte (City, TML Affiliate, and/or TML Region) Brief Background: Recognize propane as an alternate fuel source and to treat it as such. What the Resolution is Intended to Accomplish: Recognizing propane as an alternate fuel source with the Texas Railroad Commission, Statewide Importance: Equality of local rules and regulations governing propane that are consistent with uniform fire codes. and other nationally recognized fire protection standards that serve to encourage greater economic growth. Submitted by: Name: Robert T. Herrera Title: City Manager City: City of La Porte Telephone: 281/471-5020 PLEASE DO NOT WRITE ON THE BACK OF TIllS FORM e e TEXAS MUNICIPAL LEAGUE RESOLUTION No. WHEREAS, the Texas Municipal League has established a good working relationship with the Texas Railroad Commission on the issue of harmonization of local rules and regulations governing propane gas; and WHEREAS, members of the Texas Municipal League and the Texas Railroad Commission have formed a task force toward that end to assure the health, safety and welfare of the citizens of Texas; and WHEREAS, the Texas Municipal League and the Texas Railroad Commission work closely with fire departments, fire marshals, building inspectors, city managers and law enforcement officials; and WHEREAS, the Texas Municipal League and the Texas Railroad Commission have expressed their desire to promote greater efficiency in the regulation of propane gas so as to reduce barriers to the economic development and economic growth of propane gas as an alternative fuel; and WHEREAS, the Texas Municipal League and the Texas Railroad Commission have committed to a close working relationship to develop the best and most reasonable standards for the storage and handling of propane gas throughout the state of Texas, NOW, TIIEREFORE BE IT RESOLVED that the Texas Municipal League work with the Texas Railroad Commission to encourage efforts and initiatives that promote the use of environmentally friendly alternative fuels like propane that serve the greater interests of all Texans through the reduction of unnecessary economic barriers; and BE IT FURTHER RESOLVED that the Texas Municipal League member cities and member municipalities endorse the adoption of ordinances that are consistent with uniform fire codes and other nationally recognized fire protection standards that serve to encourage greater economic growth, greater cooperation and harmony among propane marketers, cities and fire protection officials in the Texas Municipal League and throughout Texas, e e REOUlIJ FOR CITY COUNCIL AGENDA ~ Agenda Date Requested: November 14. 1996 Requested By: Steve Gillet~~epartment: Public Works XXX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0687 - Vehicles SUMMARY & RECOMMENDATION Advertised Sealed Bids #0687 for vehicles were opened and read on October 7, 1996. Bid requests were mailed to sixteen (16) vendors with nine (9) returning bids. Low bid meeting specifications for Item 1 - 1 ton truck w/utility body was submitted by Bill Heard Chevrolet in the amount of $21,135. Low bid meeting specifications for Item 2 - 3/4 ton truck was submitted by Philpot Ford in the amount of $16,321. Low bid meeting specifications for Item 3 - Minivan was submitted by A.C. Collins Ford in the amount of $16,725. Low bid meeting specifications for Item 4 - 2 each Patrol Units was submitted by McRee Ford in the amount of $19,323.50 each for a total of $38,647. Low bid meeting specifications for Item 5 - 2 each Police Pkg Sedans was submitted by McRee Ford in the amount of $18,822.50 each for a total of $37,645. Low bid meeting specifications for Item 6 - 3 each Sport Utility Vehicles was submitted by Philpot Ford in the amount of $19,598 each for a total of $58,794. All units over budget. Recommend rejection of bid and re-bid. Prices available through H-GAC exceed low bid on all items. Adequate funds for the purchase of Items 1,2,3 and 4 are budgeted in the 96/97 Motor Pool Replacement Fund. Adequate funds for the purchase of Item 5 is budgeted in the Police Administration and the Police Patrol Divisions Operating Budgets for 96/97. Action Required by Council: Authorize purchase of Items 1 through 5 to low bidder meeting specifications. Reject bids on item 6 and rebid. Availability of Funds: XXX General Fund Capital Improvement XXX Other MOTOR POOL REPLACEMENT Account Number: VARIOUS Water/Wastewater General Revenue Sharing FUND Funds Available: XXX YES NO M,tJ. DATE 21 . )116 . - 16) SP~RT UTILITY I TOTAL fPTION #1 SPOTliGHT ~ OPTION #2 BLACK/WHITE lTOTAUTEM 6 W/OPTlONS 1 $60,054.70 $145.00 $485.00 $6t.654.70 $62,805.00 $165.00 $750.00 $65,220.00 $62,721 .00 $185.00 $350.00 $63,956.00 $61,497.00 $145.00 $650.00 $63,592.00 $62,205.00 $175.00 $376.00 $63,508.00 $64,166.10 $150.00 $300.00 $65,216.10 $58,794.00 $160.00 $350.00 $60.004.00 $60,153.00 $200.00 $600.00 _ $62,153.00 NO BID 3@ 20018.3213@ 20935 3@ 20907 NO BID 3@ 20499 3@ 20735 3@ 21388.70 13@ 9598 3@ 20051 TOTAL $37,645.00 NO BID $39,830.00 NOBID NO BID $39,130.00 NO BID $39,064.00 $39,042.00 5) FULL SIZE SEDAN (PD PKG 2@ 18822.5 NO BID 2@ 9915 NO BID NO BID 2@ 1 9565 NO BID 2@ 9532 2@ TOTAL $38,647.00 NO BID $41.226.00 NOBID NO BID $39,902.00 NO BID $39.764.00 I e 13) MINI-VAN L-- ~ 4) POLICE CARS B/W 2@ 9323.5 NO BID 2@ 20613 NO BID NO BID 2@ 19951 NO BID 2@ 9882 TOTAL TOTAL NO BID 1 $19.350.00 NO BID NO BID $18.928.00 $16,970.00 $19,436.91 NO BID NO BID $19.350.00 NO BID NO BID $18,557.00 i I $16,865.25 $17,845 00 $17,790.00 $17.032.00 $17.456.00 $17,701 76 $16,655.00 I $16,~~5.00 1 $16,725.00 -~-_.- ~16,725.00 2@ 20387 -- $40,774.00 19521 $18.928.00 $16.970.00 $19,436.91 $16!321.00 NO BID BiLL i-lEARD I ORANGE CHEV. I FORD $21,135.001 $22,889.00 i $22,889.00 PHIL-p<Yr-rl-A.c. COLLINS: FORD, FORD i $21,509.00 i $21 $21.509.00 t $21 2) 3/4 TON TRUCK TOTAL $21,289.75 i 1 $21,289.75 r I $16.865.25 ' $21,135.00[ $17.845.00 i $17.790.00 I I $18.557.00 $23,056.00 $17.032.00 $21 573.00 $1 $22,356.00 7,456.00 $17.701 $22.552.99 76 $16.321 00 452.00 - TON W/UTIUTY BODY DESCRIPTION MCREE FORD I $23,056.00 CROWN 1 MCCOMBS DODGE 1 $21 573.00 $22.356.00 JOE CAMP FORD $22.552.99 LES MARKS CHEV. 452.00 -------,-----_._-------_._--~--~-----~._----- BID TABULATION - VEHiCLES -I I BIDDER'S LIST SEALED BID #0687 - VEHICLES e e A C COLLINS FORD 1831 SOUTH RICHEY PASADENA, TX 77502 BILL HEARD CHEVROLET PO BOX 530 HOUSTON, TX 77487-0530 BOB PAGAN FORD 7626 BROADWAY GALVESTON, TX 77553 CASA FORD 4701 1-10 EAST BAYTOWN, TX 77521 COURTESY CHEVROLET/GEO 7777 KATY FWY HOUSTON, TX 77024 INTERSTATE FORD 20405 1-45 SPRING, TX 77388 JACK ROACH - FORD 2727 SOUTHWEST FREEWAY HOUSTON, TX 77098 JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 LES MARKS CHEVROLET PO BOX 1119 LA PORTE, TX 77572-0119 MCREE FORD P.O. BOX 577 DICKINSON, TX 77539 ORANGE COUNTY FORD 1601 GREEN AVE ORANGE, TX 77630 RON CRAFT CHEVROLET/OLDS 3401 NORTH MAIN BAYTOWN, TX 77521 TIMMERS CHEVROLET 816 W PASADENA FWY PASADENA TX 77506 ARCHER CHRYSLER PLYMOUTH JEEP 11614 SOUTHWEST FWY HOUSTON TX 77031 CROWN JEEP CRYSLER PLYMOUTH 11890 OLD KATY RD HOUSTON TX 77079 RON CARTER CRYSLER PLYMOUTH JEEP 3005 FM 528 ALVIN TX CHAMBER OF COMMERCE PO BOX 960 LA PORTE TX 77572-0960 BAYSHORE SUN PUBLISH DATES: SEPTEMBER 8, 1996 SEPTEMBER 15, 1996