The URL can be used to link to this page

Home My WebLink About1997-01-27 Regular Meeting of City Council . .. .. . MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 27, 1997 Prior to the meeting being called to order. Mayor Norman L. Malone presented a City of La Porte lapel pin to La Porte Adam Shannahan of Boy Scout Troop 514 La Porte, who is working on his 1st Class Local Government Citizenship merit badge. 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 McLaughlin, Alton Porter, Deetis Gay. Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson Bob Thrower Members of City Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Attorney John Armstrong, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff Litchfield. Director of Administrative Services Louis Rigby. Director of Planning Guy Rankin, Director of Public Works Steve Gillett, Director of Parks and Recreation Stephen Barr, Police Chief Bobby Powell. Assistant Police Chief Aaron Corrales. Fire Marshall Paul Hickenbottom, Assistant Director of Finance Cynthia Alexander, Purchasing Agent Susan Kelley, City Manager's Secretary Carol Buttler, and Golf Course Superintendent Dennis Hlavaty Others Present: Valora Spencer Governmental Affairs Manager for Houston Metroplex Area representing TCI Cable Company, Barry Beasley and Chester Pool representing Sou~western Bell Telephone, and a number of La Porte Citizens 2. INVOCATION BY REV. MICHAEL BINGHAM - ABUNDANT LIFE CHURCH Rev. Michael Bingham, pastor of Abundant Life Church, delivered the invocation. Mayor Malone asked for special prayers for Council person Bob Thrower who is presently in the hospital suffering from a very serious illness. 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING JANUARY 13, 1997 Motion was made by Councilperson McLaughlin to approve the minutes of January 13. 1997. as presented. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin. Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None . . Minutes Regular Meeting La Porte City Council January 27, 1997, Page 2 4. PRESENTATION: TCI CABLE COMPANY - RECEIVE REPORT FROM TCI CABLE REPRESENTATIVES REGARDING. SERVICE ISSUES; INCLUDING CHANNEL ALIGNMENT, PROGRAMMING, AND PUBLIC ACCESS - K. Askins Ms. Valora Spencer. representative for TCI Cable Company Government Affairs Division, presented a report and update regarding TCI services to the City of La Porte. Ms. Spencer apologized, in behalf of TCI Cable. for recent confusion and inconveniences to La Porte citizens regarding channel alignment changes and programming issues. She reported a Denver printer was given the job of printing the updated channel line-ups, and the company was unable to get them mailed in a timely manner. Ms. Spencer indicated that all of these issues are being addressed by TCI corporate offices in Denver, Colorado, and possibly TCI may be able to put back in service those preferred programs. She indicated that hopefully in the immediate future she will be able to give the La Porte citizens a concrete decision as far as what will happened with La Porte's cable line up. Ms. Spencer reported the Public Access Channel, Channel 65, is being shared with City of La Porte. San Jacinto College, The Community Bulletin Board, and Odyssey which was Faith and Values at one time. She indicated that San Jacinto College and the City of La Porte will be welcome to use Channel 65 twenty four hours a day if they so choose. The Community Bulletin Board is currently running approximately three hours a day from 2:00 P.M. to 5:00 P.M., and TCI can increase that amount of time at the City's discretion. Ms. Spencer indicated she has been working with Chris Evans at San Jacinto College, and he seems pleased with the way everything is working. Ms. Spencer indicated it is her understanding the City Fire Marshall is providing binders of La Porte community information to Mike Sprague at TCI Cable for him to place on the Community Bulletin Board. Ms. Spencer indicated TCl's legal department in Denver is reviewing the Franchise Agreement which the City of La Porte had with Prime Cable at the time Prime was purchased by TCI Cable. She indicated twenty five hundred people have been terminated from the TCI Cable Company, and the remaining personnel are doing several jobs which has delayed the progress in Denver as well as in the Houston area. Ms. Spencer said she hoped company representatives will be able to meet with City Attorney Knox Askins in a week or two regarding the up coming renewal of the Franchise Agreement between TCI Cable Company and the City of La Porte which has presently been extended until June of 1997. Ms. Spencer and City Attorney Askins answered questions from Council regarding the Franchise Agreement. Mr. Askins reported TCI is presently operating under the former Prime Cable Agreement language regarding gross receipts, tax, and public access. Councilperson Porter asked Ms. Spencer about TCl's time line for completing their review of the agreement. Ms. Spencer reported an Attorney named Shelby Brown has been hired by TCI Cable as the Governments Affairs Manager along with herself. She stated, "We will rush it through as best as we can." Ms. Spencer and City Attorney Knox Askins answered other concerns by Council. Ms. Spencer reported that TCI Cable had tried to place channels on cable that would be more family oriented. She gave Council a phone number to call if they have questions about specific preferences for channels. 1-800-800-2824. The mailing address is TCI Cable, 5619 DTC Parkway, Englewood. Colorado. 80111. Mr. Herrera had comments regarding the Public Access Channel and problems the City has been having with TCI in getting materials on that channel. Mr. Herrera introduced Fire Marshall Paul Hickenbottom to Ms. Spencer, and he asked Ms. . . Minutes Regular Meeting La Porte City Council January 27, 1997, Page 3 Spencer if she could visit with Mr. Hickenbottom after this meeting regarding the problems the City has been experiencing in this regard. Mr. Herrera reported to Ms. Spencer the City has reports from the Communication Technician on the switchboard that the City has been receiving, in the last month, more phone calls from our citizens regarding the lack of operators at your Pasadena Office and the time those citizens are having to wait to actually talk to someone. Ms. Spencer said she would call the City Secretary's office tomorrow and give her other phone numbers citizens can use to contact the local TCI office regarding concerns and complaints. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISlDNG TO ADDRESS COUNCIL One citizen, Spero Pomonis. 218 Bay Colony, La Porte, addressed the Council on three issues, TCI Cable, Traffic Humps, and the Wine and Beer for consumption ordinance. Mr. Pomonis indicated he is pleased with the TCI cable service since TCI has switched to fiber optic cable. He also indicated he is very pleased with the programs he receives. l~e did indicate a concern for not receiving notification of the new channel line up. Mr. Pomonis said he is against having traffic humps in the subdivisions in La Porte. Mr. Pomonis spoke regarding the workshop item to discuss revision to the Wine and/or Beer on Premise License. Mr. Pomonis indicated he believes it will be difficult for some establishments in La Porte to be able to comply with the 65% sale of food requirement in order to receive a license from the City to operate a business where Wine and/or Beer could be served on premise. Councilperson Sutherland asked Mayor Malone to allow him to report for the record that TCI cable reception in the Northwest La Porte Area (Lomax) is not as good as Mr. Pomonis is indicating his service might be. 6. CONSIDER APPROVAL OR OTIIER ACTION REGARDING AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ACTION ASBESTOS CONTROL FOR ASBESTOS ABATEMENTIDEMOLmON OF TWO BUILDINGS AT 1312 AND 1320 BAYSHORE DRIVE (Ord. 97-2158) - S. Barr Director of Parks and Recreation Stephen Barr reported the summary and recommendation regarding an agreement between the City and Action Asbestos Control for $28,444.00 and a projected Time of Completion for the project of seven days. Mr. Barr answered questions from Council. \ City Attorney read: ORDINANCE 97-2158 - AN ORDINANCE AUmORIZING AND APPROVING AN AGREEMENT BETWEEN mE CITY OF LA PORTE AND ACTION ASBESTOS CONTROL FOR ASBESTOS ABATEMENTIDEMOLmON OF TWO BUILDINGS OWNED BY THE CITY AT 1312 BA YSHORE DRIVE AND 1320 BA YSHORE DRIVE, APPROPRIATING $28,444.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO mE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN AFFECTIVE DATE HEREOF e . Minutes Regular Meeting La Porte City Council January 27, 1997, Page 4 Motion was made by Councilperson Clarke to l\Pprove Ordinance 97-2158 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS (Ord. 97-2159)- B. Herrera Councilperson Clarke recommended that Michael D. Meredith be removed from the District 6 Position on the Planning and Zoning Commission, and Mr. James "Jim" Zoller be appointed to fill the vacancy for the unexpired term. Mayor Malone asked Councilperson Clarke if he wished to make a motion to that effect. ORDINANCE NO. 97-2159 - AN ORDINANCE APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by CounciJperson Clarke to l\Pprove Ordinance 97-2159 and ~point James "Jim" Zoller to fill the unexpired term in the District 6 Position on the Planning and Zoning Commission. Second by CounciJperson Maxwell. After Council discussion of several positions on various Boards and Commissions the vote was unanimous. The mo'don carried 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING A BID FOR THE REPLACEMENT OF A VIBRATORY ROLLER TO ROMCO EQUIPMENT - S. Gillett B. CONSIDER AWARDING A BID FOR VARIOUS AUTOMOTIVE PARTS TO LINDALE AUTO SUPPLY AND TO PASADENA REBUILDERS - S. Gillett C. CONSIDER AWARDING A BID FOR 1WO 5-GANG !mEL MOWERS TO BROOKSIDE EQUIPMENT - A. Osmond . e Minutes Regular Meeting La Porte City Council January 27. 1997. Page 5 D. CONSIDER AWARDING A BID FOR POLICE UNIFORMS AND ACCESSORIES TO GOLDEN EAGLE UNIFORMS - B. Powell Motion was made by Councilperson Cooper to ~prove the Consent Agenda as presented. Second by Cou~cilperson Sutherland. The motion carried. 8 ayes and 0 nays. Ayes: Councilpersons Sutherland. Cooper, McLaughlin. Porter. Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. WORKSHOP - A: DISCUSS USE OF TRAFFIC HUMPS IN RESIDENTIAL NEIGHBORHOODS OPEN WORKSHOP Mayor Malone opened Workshop A at 6:45 P.M. REVIEW BY STAFF City Manager Robert T. Herrera reported staff had visited with Council at a past retreat about this particular subject. He indicated there have been some modifications and Director of Public Works Steve Gillett will cover those with Council. Mr. Herrera referred to a memorandum before Council regarding telephone conversations between himself and City Managers from Deer Park and the City of Baytown regarding traffic humps. Mr. Herrera reported on those views regarding traffic humps in their cities. City Manager of Deer Park Ron Crabtree said their city has had them for one year. and they are working well. They have had very few complaints and plan to set aside money in future budgets to continue to address traffic humps. City Manager of Baytown Bobby Roundtree said Baytown has had traffic humps almost three years. The first year and one half the humps were received well. Now. Mr. Roundtree has received complaints from developers and realtors saying it takes away the value of the homes and has made it more difficult to sell homes on the streets where traffic humps exist. They feel these traffic humps indicate a problem with speeding, therefore, the City of Baytown has placed a 90 day moratorium on traffic humps starting January 1, 1997. Director of Public Works Steve Gillett reviewed with Council the draft Traffic Hump Policy. Council discussed in length the pro and cons of the policy as presented. e . Minutes Regular MeetirJg La Porte City Council January 27, 1997, Page 6 STAFF RECOMMENDATION Staff is asking for direction from Council regarding adopting a written policy that gives staff an outline for the management and operation of traffic humps in the City of La Porte. City Manager Robert T. Herrera said, "From staff's point of view we have researched the information and have presented a recommendation that says traffic humps can be engineered and designed in such a fashion to work in La Porte. The final question that staff has for Council is this something Council desires? If so, staff needs direction and with that direction we can go forward. " Council person Cooper asked Mayor Malone if he would ask if there is anyone in the audience who would like to speak regarding this subject. Mayor Malone asked if there are any citizens wishing to speak at this time. Ms. Monica Smith, 5202 Park Crest. La Porte, lives in District 1. spoke asking Council to reduce the speed limit on her street to 20 miles per hour. Mr. Richard Rogers, 709 Myrtle Creek, La Porte, spoke stating he sees nothing wrong with putting in traffic humps to slow traffic to 20 miles an hour. Mr. Rogers indicated he had been told he would not be able to speak tonight, therefore, he did not have a prepared speech with him. He indicated he will return to speak to Council at the next regularly scheduled meeting regarding this subject. Mr. Spero Pomonis, 218 Bay Colony, spoke to Council stating that apparently the problem is with speeders. He suggested the Police Department should have someone watch these areas to see who is speeding and put a stop to it. City Manager Robert T. Herrera once again asked for direction to bring this policy back with proposed enhancements that were heard tonight or not to bring it back. He said, "If Council does Dot want a policy brought back, tell us that. It sounds like the Council probably needs a little more quality time to review the policy presented tonight. I will make myself or Mr. Gillett available to you over the next couple of weeks if you would like to visit with us, and if you so desire, then we will come back with a policy. " Mayor Malone asked Council for a show of hands to see who would like to have the policy brought back for a vote. Since there was only a show of three hands Mayor Malone suggested that members of Council interested in seeing a revised policy brought back should perhaps visit with both City Manager Robert T. Herrera and Director of Public Works Steve Gillett. CLOSE WORKSHOP MEETING Mayor Malone closed Workshop A at 7:55 P.M. . . Minutes Regular Meeting La Porte City Council January 27, 1997, Page 7 10. WORKSHOP - B: DISCUSS A REVISION TO ORDINANCE 1000- THE ORDINANCE GOVERNING WINE AND/OR BEER ON PREMISE LICENSES OPEN WORKSHOP Mayor Malone opened Workshop Bat 7:55 P.M. REVIEW BY STAFF Assistant City Manager John Joerns reviewed with Council the background and proposed changes to Ordinance 1000 which is the ordinance governing a Wine and/or Beer on Premise License. Mr. Joerns reported that in coordination with the recodification process the decision was made to clear up some of the older ordinances which were passed for establishments that are no longer doing business in La Porte. The new ordinance will update all current existing licensed locations and will provide more details regarding owner of the property, the street address, the description of the property, the trade name of the business, the name and description of the applicant. as they may differ from the property owner for each applicant considered. The next change will involve all renewals of licenses as well as new applicants. It will require 65 % of the gross income of the establishment be derived from the sale of food. Also. it will insure the enforcement of policy guidelines of Resolution 91-12 which prohibits sale of wine and/or beer for consumption on premise at gasoline service stations and grocery stores or a combinatioli thereof. This provision will see that all new licenses and renewals will meet the same provisions. Presently the City renews all licenses as they were initially drafted, therefore, some licenses meet the 65% test and some do not. Mr. Joerns reported that only two businesses that currently hold licenses will be effected by these changes. Those two businesses are Brooks Flag Stop, 823 West Main, with a renewal date of September 25, 1997, and Port Auto Truck Stop. 904 W. Barbour's Cut Blvd.. whose renewal date is July 6, 1997. The final change provides the City shall not issue or renew any permits unless all city and school taxes have been paid by the applicant and owner of the property covered by the application and unless the applicant and property owner are current on any other real or personal property taxes on their properties located within the City of La Porte. The Ordinance makes it the responsibility of the applicant to provide the City with statements showing that all ad valorem taxes are current. Council discussed the provisions of the proposed ordinance. City Manager Robert T. Herrera asked that Council give staff direction if they have changes for the proposed ordinance. Otherwise. we will bring it back on the next Council meeting agenda for a vote. Mayor Malone asked for a show of hands of all those Council members who would like to see this ordinance brought back. Seeing none, he asked for a show of hands of those who are opposed to the ordinance, and five Council members showed opposition. City Manager Robert T. Herrera stated he would like to ha", the City Attorney look at the action we are taking or have taken to see if we have some obligation to the other City establishments that have actually met the requirement of the Ordinance which is in place presently. He indicated that he did not wish to have the City exposed to the possibilities of a lawsuit. . e Minutes Regular Meeting La Porte City Council January 27, 1997, Page 8 o STAFF RECOMMENDATION There was no recommendation from staff as we were asking direction from Council regarding this proposed ordinance change. CLOSE WORKSHOP MEETING Mayor Malone closed the meeting for Workshop Bat 8:18 P.M. 11. WORKSHOP - C. DISCUSS AN AMENDMENT TO ORDINANCE 1501 - THE ZONING O~INANCE, RELATING TO NON-CONFORMING USES. STRUCTURES, AND LOTS OF RECORD City Manager Robert T. Herrera reported to Council that he had placed a memorandum before them asking Council to table this workshop. Mr. Herrera said he had been visited by some Council members who indicated they need more time regarding this particular matter. He indicated that staff was prepared to continue with the workshop if Council would like to do so. Motion was made by Council person Maxwell to table item 11. Second by Councilperson Cooper. The motion to table carried, 6 ayes and 2 nays. Ayes: Councilpersons Sutherland, Cooper. Gay. Maxwell, Clarke and Mayor Malone Nays: Councilpersons McLaughlin and Porter OPEN WORKSHOP REVIEW BY STAFF STAFF RECOMMENDATION CLOSE WORKSHOP MEETING Workshop C was tabled. The remainder of the workshop agenda for item 11 was not addressed. 12. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reported this past weekend a staff retreat was held with the department heads of the City. He indicated it was probably the most productive staff meeting he had held in a long time. He reported we were able to set out our future goals and to define certain objectives where we, as a management staff, want to be this following year. He said that a report will be distributed to Council in the near future. . . Minutes Regular Meeting La Porte City Council January 27, 1997. Page 9 13. COUNCIL ACTION Councilpersons Sutherland. Cooper. McLaughlin. Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to Council's attention. Mayor Malone asked for a Council's decision to adjourn into an executive session or dismiss the Council meeting. Motion was made by Councilperson Gay to dismiss the City Council Meeting. Second by Councilperson Maxwell. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPfER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATrORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATrERS, CONFERENCE WITH EMPWYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.074 - (PERSONNEL) MEET WITH CITY COUNCIL REGARDING APPOINTMENT OF VARIOUS BOARDS, COMMISSIONS, AND COMMITrEES There were no items taken to an executive session. 15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED INEXECUI'IVE SESSION There were no considerations for this item. . . Minutes Regular Meeting La Porte City Council January 27, 1997, Page 10 16. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:31 P.M. R3:: L::.- Sue Lenes, City Secretary Passed and Approved on this the 10th ~daY. of February, 1997 Jf~~~ Allan L. Malone, Mayor '- . -. . .- ,- . . .. .. .. - '. . e' It. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Janua 2 1997 Requested By: Report te hen L. Barr Resolution partment: Parks & Recreation Exhibits: 1. Bid Recap - Sealed Bid for CLP #96-5201 - Asbestos Abatement/Demolition at 1312 & 1320 Bayshore Drive SUMMARY & RECOMMENDATION The City of La Porte has requested formal bids for asbestos abatement and demolition of the two structures located at 1312 and 1320 Bayshore Drive. Bid requests were delivered to eight (8) pre- qualified abatement contractors, seven (7) of which returned bids. Bids were opened on January 16, 1997. Bids ranged from a low of $27,327.00 to a high of $38,410.00; and Time of Completion ranging from a low of seven (7)days, to a high of twenty-two (22)days. The combination of low price and minimum number of completion days were the criteria by which the project was evaluated (see attached Bid Recap).The Texas Department of Health requires that a Certified Asbestos Consultant, which is paid by the City, be on site for area monitoring at all times during the asbestos abatement process. Therefore, time is of the essence in projected completion of the project as the longer it takes, the more it will cost the City in substantial associated costs. After consideration of all the bids submitted, it was determined that the low bidder for the project was Action Asbestos Control with a low bid of Twenty Eight Thousand, Four Hundred Forty Four Dollars ($28,444.00), and projected Time of Completion for the project of seven (7) days. Budgeted funds available for this project are $40,000.00. Staff Recommendation: Staff recommends that the bid submitted by Action Asbestos Control be accepted as bidder meeting evaluation criteria in the best interests of the City. Action Required by Council: Award contract to Action Asbestos Control for asbestos abatement/demolition at 1312 and 1320 Bayshore Drive. Availability of Funds General Fund WaterlWastewater XX Capital Improvement _ General Revenue Sharing Other Account Number: 015-9892-722.51-10 Funds Available:lL YES NO Approved for City Council Agenda Iv/n D e I Rob ~ ~ . e ORDINANCE NO. 97- 2158 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ACTION ASBESTOS CONTROL FOR ASBESTOS ABATEMENT/DEMOLITION OF TWO BUILDINGS OWNED BY THE CITY AT 1312 BAYSHORE DRIVE AND 1320 BAYSHORE DRIVE; APPROPRIATING $28,444.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. City council appropriates the sum of $28,444.00 from the Capital Improvement Account No. 015-9892-520.51-00 to fund said contract. Sec tion 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. ~ ~ . e ORDINANCE NO. 97- 2158 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 27th day of January, 1997. CJ;TY OF LA PORTE BY:~~~ I. Norman L. Malone, Mayor ATTEST: ~ L/ Sue Lenes, City Secretary 7ij~r Knox W. Askins, City Attorney -- Contractor Base Bid Completion Time Estimated Hours Consultant Fees Base Bid Plus Name for Proiect for Proiect To Complete (8 hrs./davl @ $50.00/hr. Consulting Fees t, Action Asbestos Control 28,444.00 7.00 56.00 2,800.00 31,244.00 2. Certified Abatement Systems 29,867.00 9.00 72.00 3,600.00 33,467.00 3, AAR, Inc. 29,880.00 9.00 72.00 3,600.00 33,480.00 4, Eco Environmental, Inc. 30,080.00 10.00 80.00 4 000.00 34,080.00 5, Abatement, Inc. 35,200.00 15.00 120.00 6,000.00 41,200.00 6. K & K Insulation 27,327.00 22.00 176.00 8,800.00 36,127.00 7. Clark-Tech 38,410.00 No Time Submitted - N n Responsive Bid 0.00 38,410.00 Base Bid/Time of Completion Criteria Asbestos Abatement/Demolition Bid Evaluation 1 31 2 & 1 320 Bayshore Drive January 17, 1997 , '. . ~ FOR CITY COUNCIL AGENDAp Agenda Date Requested: Januarv 27. 1997 Requested By: Robert T. Herrera Department: Administration Report Resolution x Ordinance Exhibits: 1. 2. Ordinance 97- Letter of Recommendation SUMMARY & RECOMMENDATION Due to a vacancy in District 6 position on the Planning and Zoning Commission, it is necessary for City Council to pass an ordinance appointing a member to fill the vacancy. The term of office for the appointee will expire on May 30, 1999. Attached you will find a letter from Councilperson Clarke recommending Jim zoller, 907 Hackberry, La Porte, Texas, be appointed to fill the vacancy. Action Required by Council: Approve an ordinance appointing a member to fill a vacancy on the Planning and Zoning commission for District 6 position. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Aooroved for city Council Aaenda ~~T~ Robert T. Herrera city Manager :r~. a.~ \a,~1 I DATE , i;..... ..,.-' .. . e ORDINANCE NO. 97-2159 AN ORDINANCE APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION OP THE CITY OP LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EPPECTIVE DATE HEREOP. 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 appoints the following member to the City of La Porte Planning and Zoning Commission, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successor shall have been duly appointed and qualified: District 6 JAMES ZOLLER: 1999 section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, 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. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government _I ~ .. . e ORDINANCB NO. 97- 2159 PAGE 2 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 s. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . PASSED AND APPROVED, this 27th day of January, 1997. CITY OF LA PORTE ~ By: ~~ "N . rma L. Malo e, Mayor--.- ATTEST: ~ S.~, . Sue Lenes, C1ty Secretary ./ ,'I /~l .,/ I APPROVED} ." ~/ ~ "., . /,... / " , '/r. ,l,' ! 'Ci?4 ?tt (~ -----:::7' Knox W. Askins, City Ateorney . e January 16, 1997 We recommend Mr. Jim Zoller be placed on the Planning and Zoning Board to replace Mr. Michael D. Meredith District 6 position. Mr. Zoller is presently serving on the Board of Adjustment and has represented the city in this position very well. Jim Zoller resides in Shady River Subdivision. He is currently Treasurer of the La Porte Rotary Club and has recently held the office of President of the Rotary Club. During the 1996 Reverse Draw Fund Raising, Jim was chairman, and very energetic and successful in this position. I highly recommend Jim Zoller be approved as a member of the La Porte Zoning Board, position 6 for the term ending May 30, 1999. a 'bJ~ d:~rkf?~ counc~:~ District 6 e e ~T FOR CITY COUNCIL AGENDA~ Agenda Date Requested: Januarv 27. 1997 Requested By: S. Gillett~ Department: xxx x Report Resolution Exhibits: Bid Tabulation and Bidders List Public Works Ordinance SUMMARY & RECOMMENDATION Sealed bids were received on January 13, 1997 for the replacement of a vibratory roller for use in the street reconstruction program. Bid requests were sent to four vendors, with two returning bids. Low bid was submitted by Romco Equipment of Houston in the amount of $12,600, and included a trade-in allowance of $2,000, for a net bid of $10,600. A total of $15,700 was budgeted in the current Motor Pool Replacement Fund. Action Required by Council: Award bid for the replacement of a vibratory roller to Romco Equipment for a net cost of $10,600. Availability of Funds: xxxx General Fund Capital Improvement Other - Motor Pool "Replacement Fund Water/Wastewater General Revenue sharing Account Number: 009-7071-531-8050 Funds Available: ~YES NO Approved for citv Council Aqenda 6\"\ ~.- Robert T. Herrera City Manager \... ~1/ q.., DATE e e BID TABULATION - VIBRATORY ROLLER ,illlllllllill,IIIIIII,III,:IIIII'I~llllilillllll,I~I,ill~III:III"llilllll,III'II'II'llllliillll!.III'11111'1:,II,III,I'I~lllllilllll'lllllIllillll~I,I'IIIIIII:'11'1,IIIII~lI!'11 III 11!:II,II:II,I'I!III:I'I'II'ili,I,IIII,I,IIIII.-,,:I~11~III 11~1:111.-111111111111111):I.-II'I.-'II.111 '11:1.-llI,IIIIII~1 1 ) VIVRA TORY ROLLER 1 $1 2,600.00 $20,280 .00 NO 81 0 MAKE/M ODEL R OSCO VI8RASTA T 1 1 1 8EUTHLI NG 8300T LESS TRADE - 1 N ALLOWANCE 1 $2,000.00 $3 ,000.00 TOTAL 1 NCLUDI NG TRADE - 1 N ALLOWANCE $ 1 0 ,600.00 $1 7,280.00 NO 81 0 BIDDER'S LIST VIBRATORY ROLLER SEALED BID #0690 CONLEY LOTT NICHOLS 9100 NORTH LOOP EAST HOUSTON TX 77029 FERGUSON MANUFACTURING 4900 HARRY HINES BLVD DALLAS TX 75235-7719 ROMCO EQUIPMENT COMPANY 8450 BREEN HOUSTON TX 77064 U S RENTALS 5415 BISSONNET HOUSTON TX 77081 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE PUBLISH DATES: DECEMBER 29, 1996 JANUARY 5, 1997 ~T FOR CITY COUNCIL AGENDA~ Agenda Date Requested: Januar Requested By: steve Gillett Public Works xxx Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0697 - Automotive Parts SUMMARY & RECOMMENDATION Advertised, sealed bids #0697 for Automotive Parts were opened and read on December 9, 1996. Bid requests were mailed to fourteen (14) suppliers with six (6) returning bids. Low bid meeting specifications and bidding on all items in section I - New Parts was submitted by Lindale Auto supply, our current supplier. Low bid meeting specifications ~nd bidding on all items in Section II - Rebuilt Alternators and Starters was submitted by Pasadena Rebuilders. Staff recommends award of bid for section I - New Parts to Lindale Auto Supply, low bidder meeting specifications on all items. The prices bid over all items represents no increase over last bid. It is recommended award of bid for Section II - Rebuilt Alternators and Starters be awarded to Pasadena Rebuilders, low bid meeting specifications on all items. The prices bid over all items represents a very slight decrease (less than 1%) over the last bid. Using estimated yearly quantities the cost of both contracts would be approximately $50,000.00. Adequate funds for these purchases are budgeted in the FY 96/97 Equipment Services Operating Budget., Action Required by Council: Award bid for section I to Lindale Auto Supply, low bidder meeting specifications and for section II to Pasadena Rebuilders, low bidder meeting specifications. Availability of Funds: General Fund Capital Improvement XXX Other Vehicle Maintenance 001-7074-534-2040 Account Number: 001-7074-534-9095 Water/Wastewater General Revenue Sharing Fund Funds Available: ~YES NO Approved for city Council Aqenda ~~.,-. \-\~ Robert T. Herrera City Manager l-1.A vii" DATE . e BIDDER'S LIST SEALED BID #0697 - AUTOMOTIVE PARTS A-ALTERNATOR & STARTER REBUILIDERS 820 WEST MAIN LEAGUE CITY TX 77573 ALL START 6121 SPENCER HWY PASADENA TX 77505 ALLEN & KERBER 518 WEST MAIN LA PORTE TX 77571 B C & T FILTRATION PO BOX 2025 CHANNELVIEW TX 77530 CALLIER AUTO SUPPLY 3606 FAIRMONT PKWY PASADENA TX 77504 CAR QUEST PARTS 3702 CENTER STREET DEER PARK TX 77536 HI-LO AUTO PARTS 1010 SOUTH BROADWAY LA PORTE TX 77571 HOUSTON ALTERNATOR 1835 NORTH SHEPHERD HOUSTON TX 77008 JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE TX 77571 LES MARKS CHEVROLET PO BOX 1119 LA PORTE TX 77572 LINDALE AUTO SUPPLY PO BOX 16328 HOUSTON TX 77222 NAPA 15935 SELLERS ROAD HOUSTON TX 77060 PASADENA REBUILDERS PO BOX 6247 PASADENA TX 77506 WELDON PARTS INC 4851 HOMESTEAD RD #154 HOUSTON TX 77028 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 BAYSHORE SUN PUBLISH DATES: NOVEMBER 23, 1996 DECEMBER 1, 1996 . e :BID TABULATION - AUTOMOTIVE PARTS ;I'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIII;I~IIIII:IIIIIIIII'IIIIIIIIIIIIIIIII!IIIII!I'IIIIIII 1IIIillllllllllllllllllllllll~rlf.111 1111111111111111.11 1111111111111111111111 111,lllllllllllllr~1 1IIIIII'I'ilI11 illllll~IIII' SECTION I - NEW PARTS 1 BELTS & HOSES $42.03 $50.01 $55.00 $79.68 No Bid No Bid Discount % - 18% 0% -30% - 10% 2. ELECTRICAL COMPONENTS $47.53 $59.70 $44.81 $49.60 No Bid No Bid Discount % - 1 8% to -22% 0% -20% - 10% 3. BRAKES $1 58,88 $151 .28 $1 41 .08 $141 .07 No Bid No Bid Discount % -22% 0% - 15% - 10% 4. STEERING/SUSPENSION $163.21 $194.33 No Bid $180.82 No Bid No Bid Discount % -23% to -25% 0% Jobber to - 10% 5. COOLING SYSTEM $84.46 $101 .04 $85.22 $95.72 No Bid No Bid Discount % - 18% to -22% 0% - 20% Jobber to - 10% 6. FUEL SYSTEM $81 .38 $100.72 $87.72 $1 08.99 No Bid No Bid Discount % - 18% to -21% 0% - 15% - 10% DELIVERY Not Specified 4 Hours 2 Hours 2 Hours SECTION I TOTAL $577 .49 $657.08 $41 3.83 $655.88 No Bid No Bid SECTION II - AL TERNA TORS & STARTERS - REBUILT ALT & STARTERS - REBLT $1 50.55 * $943.29 $1 84.44 * $1 88.82 * $394.20 $653.60 Discount % 0% 0% 0% 0% - 10% -25% * Did not bid Items #3 & #4 DELIVERY 1 Day 2 Days 3 Days 2 Hours 2 Days ,,.,:,:,,.,,.,:,,,,.,,.,,,,.,,.,,..,.,,.,,..,.,:.,..:,:.,,:,,.,:,,,,,.".:':',.,,.,,..,,,.,.,,.,,.,,.':,.:",',",',.,.':...,,,,,,.,..,.,:,,.,.:,',.,',..,"',..,,..'.'.."11' ...iiHH$72alo4 $1;~QQ1~7 ($598827 r$a4iizQ :,.;$~94~2Q .:,...,H,:$~$~j66 .....'.".....,.....,..:.<,..GRANO..TOTA ..;. . .......................... .. ........ ........,...........,......... .. .... ........... ........ ..... ................ ... ..... ..... ................. . ................"......... .....-.-....... ,.................. '. .... ... ...., ........... ..... "". .. .............. REOtlT FOR CITY COUNCIL AGENDA 4lM Agenda Date Requested: Januarv 22. 1997 Requested By: Alex Osmond Department: Administration xx Report Resolution Ordinance Exhibits: 1) Sealed Bid #0694 2) Bid Tabulation 3) Equipment Specification/Deviation Chart 4) Bidders List SUMMARY & RECOMMENDATION Sealed bids #0694 for two (2) 5-gang reel mowers for the golf course were opened and read on January 13, 1997. Bid requests were mailed to four(4) vendors with four(4) returning bids. One bidder proposed equipment that was well below specifications in several major areas and was excluded from further review. Brookside Equipment was low bidder meeting all specifications. Total of bid: $ 50,666.00 Funds Budgeted: $ 66,150.00 Staff recommends awarding bid for golf course equipment to Brookside Equipment. Action Required by Council: Award bids as recommended by Staff. Availability of Funds: General Fund Capital Improvement XX Other Water/Wastewater General Revenue Sharing Account Number: 009-6049-565-8050 Funds Available: -1L Yes No ADDroved for City Council ~~ T, \~.uw- Robert T. Herrera City Manager \ .. ~l-q1 Date e e CITY OF LA PORTE INTEROFFICE MEMORANDUM JANUARY 13, 1997 TO: DENNIS HLAVAT~GOLF COURSE MAINTENANCE ,SUPERINTENDENT SUSAN KELLEY, PURCHASING AGENT SEALED BID #0694 - S-GANG REEL MOWERS FROM: SUBJ: Advertised, sealed bids #0694 - S-gang reel mowers were opened and read on January 13, 1997. Bid requests were mailed to four (4) vendors with four (4) returning bids. Copies of the bids are attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List e e BID TABULATION - 5 GANG REEL MOWERS illlllll,I,IIIIIIIIIIIIIIIIIII'I:IIIIIIIII:II'11111111III,I,I!I'IIIIIIIIIIIIIII'I,IIIIIIII.~I~I':I~IIIIIIIIIIIII~I'I'II:I,I:I'IIIIIIII~III,III':IIIIIIIIIIII!I'IIIIIII!IIIIII,IIII 1II1 IIIIIIIII_IIIII IIIIIIIII..~: 1:':11111.111:1 :m:fi:JfJ%:iwl1tsaW: :::::::::liIIBIB: 1 ) 5 - GANG HYDRAUU C FAIRWAY MOWER 2 $23,081 .56 $26,833.00 $28,469.09 $33,236.00 ITEM #1 TOTAL $46, 1 63. 1 2 $53,666.00 $56,938. 1 8 $66,472.00 LESS TRADE - I N ALLOWANCE 1 $900.00 $3,000.00 $900.00 $8,000.00 TOTAL INCLUDI NG TRADE - IN ALLOWANCE $45,263. 1 2 $50,666.00 $56,038. 1 8 $58,472.00 e . 5-Gang Reel Mower Specification Deviations _.l4l1r Specifications Deviations -Engine horsepower 4t 38 horsepowers minimum . 32 horsepowers Reel cutting width . 22 inches minimum . 21 inches Reel cutting unit . diameter - 7 inches minimum . 5 inches Height of cut . 3/8 inches to 2 % inches . ~ inches to 5fs inches Width of cut 4t 100 inches minimum . 95 inches Operating weight . 2750 Ibs. minimum . 2320 Ibs. January 15, 1997 e e CITY OF LA PORTE BIDDERS'S LIST 5-GANG REEL MOWER - SEALED BID #0694 BROOKSIDE EQUIPMENT SALES INC 7707 MOSLEY HOUSTON TX 77017 BROOKSIDE EQUIPMENT SALES 19003 I-45 NORTH SPRING TX 77388 PROFESSIONAL TURF PRODUCTS INC PO BOX 41132 HOUSTON TX 77041 WATSON DISTIBUTING 6335 SOUTHWEST FREEWAY HOUSTON, TX 77074 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 BAYSHORE PUBLISH DATES: DECEMBER 29, 1996 JANUARY 5, 1997 REQUES'FOR CITY COUNCIL AGEIIA ITEM Agenda Date Requested: Januarv 17. 1997 Requested By: Bobbv L. Powell Department: X Report Resolution Police Ordinance Exhibits: Purchasing Memo Re: Sealed Bid #0680 ,& Tabulation SUMMARY & RECOMMENDATION Advertised, sealed bids #0680 for police uniforms and accessories were opened and read on October 7, 1996. Bid request were mailed to nine vendors with three bids returned. Low bid was submitted by Golden Eagle Uniforms for a total of $49,383.10. This is a five percent increase over the last bid. We are requesting the Council accept the low bid by Golden Eagle Uniforms. Action Required by Council: Approve Uniform Bid as recommended. ALTERNATIVE: Advertise Bids again. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (None required) Account Number: 001 5252 521 2003 Funds Available: X- YES NO 001 5253 521 2003 001 5256 521 2003 001 5257 521 2003 001 5258 521 2003 AODroved for city Council Aaenda (XJ~k U~ Robert T. Herrera City Manager ( ---'Z,( --- 41 DATE e e CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 3, 1996 TO: BOBBY POWELL, POLICE CHIEF SUSAN KELLEy,~URCHASING AGENT SEALED BID #0680 - POLICE UNIFORMS FROM: SUBJ: Advertised, sealed bids #0680 - Police Uniforms were opened and read on October 7, 1996. Bid requests were mailed to nine (9) vendors with three (3) bids returned. Golden Eagle Uniforms submitted low bid for an estimated annual cost of $49,383.10. This is a five percent (5%) increase over the last bid. If you wish to examine samples of clothing, please contact me and I will notify the vendors. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bidder's List tit tit ~: ,:;'.11 '1IIIIIilillltlll,I l,iilllllll'II!III,I!illl~lillli ................... $29.95 $42.50 $35.99 $24.95 $24.00 $22.99 ;,098.00 $1,330.00 $1,179.60 $92.00 $89.00 $169.99 \680.00 $3,560.00 $6,799.60 $28.00 $30.00 $26.99 :~,1 00.00 $2,250.00 $2,024.25 $3.75 $5,00 $4.00 $3,75 $5.00 $4.00 NO BID $5.00 $5.00 NO BID $5.00 $5,00 $0.65 $0.45 $0,30 $0.65 $0.45 $0.30 $0.65 $0.45 $0.20 $0.65 $0.45 $0.20 $3.50 $3.95 $3.95 $3.50 $3.95 $3.95 $3.50 $5,00 $4.00 $3.00 $3,95 $3.50 $3.75 $4.95 $3,50 $49.95 $74.50 $66.25 $72.50 $90.00 $82.95 $40.00 $59.00 $58.95 $60.00 $72.00 $67.50 $10.00 $9.95 $8.25 $12.00 $9.95 $8.25 $3,081.00 $3,999.00 $3,632.50 $465,00 $449.00 $420.99 $68,50 $75,00 NO CHARGE $24.95 $80.00 NOT AVAILABLE $9,300.00 $8,980.00 $8,419.80 ,d9.i~j3?i1P .::.:$5~~~~~;ob :\)$$$!i3j}(3'. $1.85 $1.65 $1.50 $225.40 $210.00 $218.49 $205.20 $249.00 $240.99 $9,537.00 $10,005.00 $9,939.60 j~I!I!llli'lillllll!,lilllil,I.III,I!'I,IIIII'IIIII,I'11IIIIII,III'IIIIIII'!:!,!'IIIII :IIIIIIIIIIIII'IIIIIII,II,IIIIIIIIIIIII'I,II'II!I,'!I,I!'"!'II!IIIIIIIIIIIIIIIIII'!IIIIIIIII!,lllllllllilli.1111IIIIIIIilllll'IIIII'III::' 14. LIGHTWEIGHT COVERALLS A. LONG SLEEVE B. SHORT SLEEVE 3- TOTAL 15, LIGHTWEIGHT JACKETS 3-TOTAL 16. GARRISON CAPS :1- TOTAL 17. UNIFORM ACCESSORIES A. "PD" COLLAR SETS 1. SILVER 2. GOLD B. NAMEPLATE 1. SILVER 2. GOLD C. METAL "P" BUTTONS W/KEEPER 1. SILVER 2. GOLD D. METAL "P" BUTTONS FOR CAP 1. SILVER 2. GOLD E. METAL FLEXIBLE BANDS 1. SILVER 2. GOLD F. LIEUTENANTS RANK INSIGNIA G. SERGEANTS CHEVRONS 1. 3-:STRIPE 2. 5- STRIPE H, BLACKINTON #B899 1. SILVER 2. GOLD I. BLACKINTON #B687 1. SILVER 2. GOLD J. BLACKINTON #A346 1. SILVER 2. GOLD SUB-TOTAL 18. BODY ARMOR 20 OPTION A. ADDT'L COTTON OUTE'>iELL EA OPTION B. ADDT'L MESH OUTERS ':'...L EA SUB-TOTAL GRANpTPmAC OPTION: 1. EMBLEMS 500 2. ALL-WEATHER JACKETS (UNIF')RM TYPE) 20 3. ALL-WEATHER JACKETS (PARVA'TYPE) 20 OPTICN: SUB-TOTAL 20 20 40 75 50 20' 10 5 50 50 10 10 20 20 6 20 20 10 10 10 10 10 10 :I'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'II~IIIII,111'111111:111111,1111'11'1111111:( 1 MEN'S LONG ~ A. NAVY B. GREY C, TAN 2. MEN'S SHORT A. NAVY B. GREY C. TAN 3, LADIES' LONe: A. NAVY B, GREY C. TAN 4. LADIES' SHO: A. NAVY B. GREY C, TAN 5, MEN'S PANT: 6. LADIES' PAI'! e e BID TABULATION - POLICE UNIFORMS .\lE SHIRT :~EVE SHIRT 100 $40.15 $45.50 $41 .99 20 $28.85 $31.75 $37.99 20 $28.85 $35.75 $32.49 SUB-TOTAL $5,169.00 $5,900.00 $5,608.60 150 $36.75 $40.50 $37.99 20 $25.65 $28.75 $34.99 10 $25.65 $32.25 $29.49 SUB-TOTAL $6,282.00 $6,972.50 $6,693.20 15 $40.15 $45.50 $41.99 15 $28,85 $31,75 $37.99 4 $28.85 $36.75 $32.49 SUB- TOTAL $1,150.40 $1,305.75 $1,329.66 30 $36.75 $40.50 $37.99 30 $25,65 $28.75 $34.99 8 $25.65 $33.75 $29.49 SUB- TOTAL $2,077.20 $2,347.50 $2,425.32 125 $32.75 $39,95 $38.99 SUB-TOTAL $4,093.75 $4,993.75 $4,873.75 45 $32.75 $39.95 $38.99 SUB-TOTAL $1,473.75 $1,797.75 $1,754.55 10 $24,95 $15,95 $20.99 SUB-TOTAL $249.50 $159.50 $209.90 10 $24,95 $15.95 $20.99 SUB-TOTAL $249.50 $159.50 $209.90 20 $132.95 $142,50 $149.99 SUB-TOTAL $2,659.00 $2,850.00 $2,999.80 75 $34.95 $44,00 $41 .99 10 $34.95 $44,00 $41 .99 10 $33.95 $39.00 $38.99 SUB-TOTAL $3,310.25 $4,130.00 $3,959.05 20 $68,50 $70,25 $62.49 SUB-TOTAL $1,370.00 $1,405.00 $1,249.80 5 $76.95 $61.75 $46,49 SUB-TOTAL $384.75 $308.75 $232.45 10 $86.25 $69.00 $85,95 10 $79.25 $52.00 $66,99 SUB-TOTAL $1,655.00 $1,210.00 $1,529.40 :':EVE SHIRT ,: LEEVE SHIRT 7. MEN'S WOR TYLE PANTS 8. LADIES' we STYLE PANTS 9. HIP-LENG'~ JACKET 10. RAINCOAT A. MEN'S YEL .OW B. LADIES' YE.LOW C. LADIES' OFiANGE 11 RAID JACKETS 12, BROWN JACKETS 13, RAID COVERALLS A. LETTERING B. LETTERING OMITTED e e BIDDER'S LIST SEALED BID #0680 - POLICE UNIFORMS BURKE UNIFORMS 4930 DACOMA SUITE K HOUSTON TX 77092 LAWMAN'S UNIFORMS 5814 MILWEE BLDG A HOUSTON TX 77092 LIFE UNIFORMS 7133 SOUTHWEST FWY HOUSTON TX 77074 R & R UNIFORMS 5104 HARRISBURG HOUSTON TX 77011 SOUTHWEST UNIFORMS PO BOX 16651 HOUSTON TX 77222-6651 UNIFIRST CORPORATION 9019 RAILWOOD DR HOUSTON TX 77078 UNIFORMS OF TEXAS 600 N SHEPHERD, SUITE 112 HOUSTON TX 77007 UNI FORMS PLUS PO BOX 3652 HOUSTON TX 77253-3652 GOLDEN EAGLE UNIFORMS 2140 TAYLOR STREET HOUSTON TX 77007 CHAMBER OF COMMERCE PO BOX 996 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: SEPTEMBER 22, 1996 SEPTEMBER 29, 1996 e e e CITY OF LA PORTE . January 22, 1997 TO: Mayor and City Council FROM: Robert T. Herrera, City~~r. Workshop Item - Traffic Humps SUBJECT: The attached report was discussed with Council during the past retreat. Some members of Council have asked staff to workshop this item at the January 27. 1997, regular Council meeting. Traffic humps do playa role in slowing down vehicular movement and speed. Staff has researched the use of these devices, and I have met with the City Managers of our neighboring cities to better understand their effectiveness. Staff believes that the 'use of traffic humps following the criteria raised in the proposed policy, if adopted, may address some of the concerns the residents as well as Council may have. RTH:cjb Attachment c Steve Gillett e CITY OF LA PORTE . January 14, 1997 TO: Robert T. Herrera. City Manager Sue Lenes, City secre~ Workshop Request FROM: SUBJECT: Counselor Guy Sutherland presented a request for a workshop meeting to be held in late January. 1997. The request has been signed by four Counselors. The required number of Counselors. per Ordinance 1435. Section 1-202 - Special Meetings. is three. The request seeks a review of a policy on speed humps. Please let me know if you wish to place a workshop the agenda of the next regularly scheduled ,City Council meeting to be held on January 27 19 SL\ Attachments: e . ORfGINAl I would like to have the City of LaPorte policy on speed humps reviewed in the workshop which will be held in late January 1997. Mayor , Councilperson At Large - Position B ~Jf~I2~ Counc e n - Distlict 1 Council person - District 3 COlUlcilperson - District 4 ~. #fefl1//! ounc person - trict Councilperson - District 6 j~. ,) , e e' (Crc~y ORDINANCE NO. 1435 AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY' COUNCIL MEETINGS; 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 1-201. Regular Meetings. (A) Time. The City Council shall hold regular meetings on the first and third Wednesday of. each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day 'designated by law as a legal or national holiday, such meeting shall be held on such subsequent date as deter~ined by City Council. (B) Time. The City Council shall hold special workshop meetings on such dates and at such times as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetings. The'Mayor on his' own m:otio'ii> or at the 'request' of the -City Manager shall call.':special ,!lIeetirigs of the . city Council whenever in"-"their"opinion\th~"publicbt.i5'fiiess may require'. it;' or at the expresswri tten reqiiest of-,any three ~ (3) members of ,the -Council. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting 'is called. Section 1-203. Agenda. All reports, communications, ordi- nances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least five (5) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing mat.ters shall be presented to the Council by administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presidinq Officer--Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming It CITY OF LA PORTE TRAFFIC HUMP POLICY . DRAfT e . DRAfT TRAFFIC HUMP INSTALLATION POLICY AND GUIDELINES A. FINDING OF PURPOSE Residential neighborhoods are adversely impacted by prevalent occurrences of excessive speed. Traffic humps can be an effective and appropriate device for safely reducing vehicle speeds on certain types of streets when installed in accordance with the provisions of this policy. B. GENERAL In order for traffic hump installations to be effective, they should be located selectively in accordance with defined traffic engineering criteria for the purpose of alleviating documented speeding problems. Proper installation will also minimize driver frustration and encourage safe driving practices. This policy promotes reasonable opportunities for residents and property owners most affected by a proposed traffic hump to participate in the process that leads to its installation. It also provides for a sharing of the traffic hump installation cost between the City and neighborhood under certain conditions. C. DEFINITIONS AND RULES OF INTERPRETATION "APPLICANT" refers to the designated representative for the residents petitioning for installation of the traffic hump. "APPLICATION" for traffic humps includes the petition. "DIRECTOR" refers to the Director of Planning or other such persons authorized by the Director to act in the same capacity for the purposes of this policy. "INITIAL DEMONSTRATION PROJECT" is the project specifically approved by the City Council for the purposes of testing the effectiveness of traffic humps as a deterrent to speeding. "LOW DENSITY RESIDENTIAL DWELLINGS" include dwellings in single-family houses, townhomes, duplexes, triplexes and fourplex structures. "NEIGHBORHOOD" is that area adjoining the street which either fronts on the street or adjoins the street, with or without direct driveway access. "PRIMARY ROUTE FOR EMERGENCY VEHICLES" refers to a route that is heavily used by police, fire, emergency services and other emergency response vehicles due to the proximity of the emergency vehicle facility. ' e e "SPEEDS" are 85th percentile speeds as determined by a City- conducted or supervised traffic engineering study according to accepted traffic engineering practices. "STREET" refers to the street length that must be petitioned. It is a 400 foot segment generally centered on the proposed location of the hump(s), or the length of the block, whichever is greater. If the 400 foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare, traffic signal, stop sign or offset intersection. "TRAFFIC HUMP" is a geometric design feature of a roadway, consisting of a raised area in the roadway pavement surface extending transversely across the pavement, the primary purpose of which is to reduce the speed of vehicles travelling along that roadway. All other terms are as defined in the City Code of Ordinances. D. ELIGIBILITY REQUIREMENTS All of the following criteria must be satisfied for a street to be considered eligible for traffic hump installation: 1. Property Usaqe: The properties located within the neighborhood where the traffic hump is proposed must be primarily developed for, and used as, low-density residential dwellings. 2. Operational Characteristics of the Street: a. The street must be used to provide access to abutting low-density residential prop~rties (local residential street) and/or to collect traffic for such streets (residential collector). b. There must be no more than one moving lane of traffic in each direction. c. Traffic volumes must be more than 500 vehicles per day but less than 8,000 vehicles per day. d. The street must have a posted or prima facie speed limit of 30 miles per hour or less, as determined in accordance with state law. e. Vehicle speeds must equal or exceed the speed criteria of 35 miles per hour. f. The street must not be an identified primary route for emergency vehicles. These routes are subject to change. e e 3. Geometric Characteristics of the street: a. The street must have adequate sight distances to safely accommodate the traffic hump as determined by the Director. i. All traffic humps are to be marked as provided for in the Texas manual on Uniform Traffic Control Devices supplemented with signage and markings as the Police Chief and the Director of Public Works deems necessary and appropriate. b. The street must not have curves or grades that prevent safe placement of the hump(s). Humps may be located on streets that contain curves and/or grades, but the hump itself must not be located within a horizontal curve, or on a vertical grade greater than 8% or on their immediate approaches. c. The street must be paved. If no curbs are in place, a specific design must be used to prevent vehicle run-arounds. E. GENERAL PROCEDURES The following procedures are to be followed in determining the eligibility of a traffic hump installation and having the installation approved or denied. 1. A written request for the installation must be submitted from one or more residents (Applicant) to the Director. 2. Upon receipt of the request, the Director will make a preliminary determination as to whether the street is eligible for consideration using available transportation data. a. If the street is determined not to be eligible, the Applicant will be notified in writing by the Director. i. The Applicant may request a review of the denial to the City Manager by filing a letter requesting review within 30 days of notification of the denial. ii. If the City Manager determines the requested street is eligible, the process will resume with step E.2.b. e e b. If the street is determined to be eligible for consideration, the Director will arrange a meeting with the Applicant and affected residents to define the petition area and the approximate traffic hump(s) location(s). At this meeting, the Director and the Applicant will review the petition and cost sharing requirements. The Director will also provide at least one copy of the petition form which must be used. 3. The petition must document that a m1n1mum of two-thirds of the households in low-density residential dwellings in the neighborhood support its installation. a. The signature of only one adult member of each household will be counted on the petition. b. The peti tion must include the address of each person signing the petition. 4. The Applicant must submit a petition on forms provided by the Director. a. Upon receipt of the petition, the Director will verify that the petition is adequate. i. If the Director determines that the petition is not adequate, a written notification of that determination will be provided to the applicant. 5. After verification of the petition, the Director will conduct the necessary traffic engineering studies and solicit comments and recommendations of other agencies which may be impacted by the proposed traffic hump installation. a. Such agencies may include, but are not limited to, La Porte lSD, La Porte Police and Fire Departments, La Porte EMS, and La Porte Public Works Department. 6. The Director will consider the comments, recommendations and results of all studies for determination as to whether the street is eligible for traffic hump installation. a. If the street is determined not to be eligible, the Applicant will be notified in writing of the. i. The Applicant may request a review of the denial to the City Manager by filing a letter requesting review within 30 days of notification of the denial. . e ii. If the City Manager determines the requested street is eligible, the process will resume with step E.6.b. b. If the street is determined to be eligible, the street will be placed on a list of streets eligible for traffic hump installation. The City Engineer will prepare estimate. This estimate will Applicant. 8. After the proposed traffic hump has been determined to be eligible, but prior to installation of the traffic hump, the Director shall undertake the following: 7. an installation cost be provided to the a. Send to each registered property owner residing within the neighborhood: i. A notice of the proposed installation including a map depicting the proposed traffic hump and associated signage and markings. ii. A prepaid return postcard requesting the owner's approval/disapproval of the proposed installation. This postcard must be returned wi th the owner's signature to be considered valid. b. If 20% or more of the property owners respond with a disapproval noted, the proposed installation will be submitted to the City Council for a public hearing and reconsideration. i. If the Council determines, based upon comments and evidence submitted at the public hearing, that the proposed installation should proceed based upon need, error in the responses, or other such factors as the Council determines to be appropriate, the Director shall authorize installation of the traffic hump. c. If more than 80% of the property owners respond with approval noted, the proposed installation shall be included in the city's list of eligible traffic hump installations, with funding dependent on cost responsibility as outlined in section F. e e F. COST RESPONSIBILITY It is intended that installation of traffic humps should be a shared responsibility. The cost for traffic hump installation (including signs, pavement markings and, if necessary, special design features such as curbing or guard rails) may be shared between the City and residents according to the following criteria: 1. If the 85th percentile speed exceeds 35 MPH, the City will assume full responsibility for the installation costs subject to the availability of budgeted funds. 2. If the 85th percentile speed does not exceed 35 MPH, the City will not assume any financial responsibility for installation costs. Residents of the area may provide the financial resources and the City may install the traffic hump. The term "residents" or "resident", when used in this context, does not necessarily refer to the petitioners or affected property owners. It is used to define the share of the cost that is not the responsibility of the City and could be paid by one or more of the residents or other private sources. 3. For the initial demonstration project(s), the City will assume full responsibility for the installation costs subject to the availability of budgeted funds. 4. Costs associated with the transportation engineering studies and maintenance of traffic humps are the responsibility of the City. Notwithstanding the provisions of the foregoing cost sharing criteria, residents of a neighborhood may be able to expedite traffic hump installation by voluntarily paying the full installation cost. G. TRAFFIC HUMP REMOVAL AND ALTERATION The City Council may authorize removal or alteration of traffic humps. with the exceptions stated herein, the process for traffic hump removal or alteration by residents is the same process for installation. 1. There is no City participation in cost sharing for the removal or alteration when in response to a petition from neighborhood residents. 2. Removal or alteration of traffic humps may be initiated by the City of La Porte. Where removal or alteration is initiated by the City, the City Council may authorize such removal or alteration and the City will assume all financial responsibility for the removal or alteration. . e H. TRAFFIC HUMP LOCATION 1. A traffic hump must not be located in front of property where any of the following conditions exist: a. The occupant of the property, at the time the traffic hump is installed, objects. i. Objection by future occupants of the property will not automatically be grounds for removal of the traffic hump. b. In the case of a property containing low density multiple dwellings, a majority of the households residing in dwelling units on the property object to such placement. 2. To preclude visual obstruction of the traffic hump and its associated markings, a traffic hump should not be located where any of the following conditions exist: a. On street parking is permitted and frequently occurs. b. Areas where dense and relatively tall vegetation and other structures are reasonably anticipated to cast shadows over the traffic hump and surrounding pavement areas. 3. Traffic humps should not be placed less than 100 feet from any intersecting roadway. I. DESIGN STANDARDS AND PROCEDURES The Director shall prepare and maintain current design standards and installation procedures for traffic humps in accordance with this policy. J. REASSESSMENT The City staff will reassess this POlicy on an annual basis for three years from the effective date of adoption of this policy. The first reassessment is due one year after the installation of the first traffic hump under the provisions of this policy. . e PETITION FOR INSTALLATION OF TRAFFIC HUMPS We, the undersigned, do hereby petition the City of La Porte to install traffic humps along the section(s) of street specified herein. By signing this petition, I certify that I am authorized to sign the petition on behalf of my household and agree to and understand the provisions of the Traffic Hump Policy. street: From: To: Signature Name (print) & Phone Number Address OK to irEtall i n front of my house Who is the contact person for this request? Name: Address: Telephone: Please record all unoccupied (vacant) dwellings in the petition area. Also, note if there are any schools, parks, churches or other institutions on the street. Thank you. Return the completed petition to Director of Planning, P.O. Box 1115, La Porte, Texas 77572-1115. ,. "e f ,e e . .... ,", . ..... '. ", ."' . .... " ' : .:: . .. .. .. .. . .. . " ::: f:':::.'-c~ty Qti LA POIttE:::. ,:: , , ,.. ., ,..,.,... 'lNTER-QFFICE:MEMOlUNDUM:::" .,,',::: . ';: .:,: :':'~: :.:::. r::'::.'allliQij/:2i.~' '-'997 ';.::' ::- ,::'.::.::'.'::.:.:.. :'.:::..: ' , . . ::"...... :": ,:"" . ...... . . :.: :-.-.t............:.... . .. . '. .. :. .;' ;.';, :',::.:.. ',.;; :':. -.... . .................. ..... ......... . ..h...... _.. ... . . . ....... . . .. .. .... . . . . . .' :. ~ ":'.': .". ..' :.' "." .:," :.. .. ."", -: . .' ~ .: .')" . .." . TO: . y Council rera, City Manager FROM: ssistant City Manager SUBJECT: Proposed' rdinance 1000-1 Re: Wine and/or Beer On-Premises Consumption At the Council Meeting of December 16, 1996, during discussion of a license for on-premises consumption, staff informed Council that we would bring for their consideration, proposed changes to Ordinance 1000. As proposed, Ordinance 1000-1 is a revision and replacement of La Porte's on-premises Wine and/or Beer Ordinances 1000 thru 1oo0-HH. The following is a summary of the proposed Ordinance 1000-1. The initial goal was a tightening of the coordination clause between the City's Wine and/or Beer Ordinance, Zoning Ordinance, and the Texas Alcoholic Beverage Code. The question has been raised in the past as to whether or not a wine and/or beer license issued by Ordinance 1000 supersedes the applicability of the City's Zoning Ordinance. Tightening of the language in Section 6 of the Ordinance should address that concern. It should be clear that for an individual to legally sell wine and/or beer for consumption on-premises within the City of La Porte, the property must be: 1) properly zoned; 2) properly licensed and permitted pursuant to the Wine and/or Beer Ordinance; and 3) meet all provisions of the Texas Alcoholic Beverage Code. The second change made is the locations permitted to sell wine and/or beer on-premises within the City have been updated to reflect all currently existing license locations. Locations that have gone out of business are no longer included in the Ordinance's listing. Additionally, Section 2 of the Ordinance provides much more detailed information to the City in connection with the owner of the property, the street address and legal description of the property, the trade name or business name of the applicant, and the name and descriptive information in connection with the applicant for each City of La Porte license. "e e Page 2 of2 Memo to Mayor and Council Proposed Ordinance 1000-1 The next change requires all new licenses or renewals to be processed with 1) the requirements that 65 % of the gross income of the establishment be derived from the sale of food prepared in an on-site kitchen; and 2) the policy guidelines of Resolution 91-12 enforced. This provision will see that all new licenses and renewals include the same provisions. Presently, the City renews these licenses as they were initially drafted. Therefore, some licenses include the 65 % test and some do not. Likewise, some businesses whose licenses are renewed may not comply with the policy guidelines in Resolution 91-12 (attached). Fortunately, most of the businesses that would be subject to these provisions are no longer operating. Our research indicates that two businesses currently holding beer and/or wine on-premises licenses will be affected by this change; . Brooks Flagstop 823 West Main Renewal Date: September 25, 1997 . Port Auto Truck Stop 904 W. Barbour's Cut Blvd. Renewal Date: July 6, 1997 And finally, Section 5 of the Ordinance provides that the City shall not issue or renew any permit for the sale of on-premises consumption of wine and/or beer under the Ordinance, unless all city and school taxes have been paid by the applicant and owner of the property covered by the application, and unless the applicant and property owner are current on any other real or personal property taxes located or to be operated within the City of La Porte. This language should prevent the issuance of renewal permits to operators of wine and/or beer establishments that are delinquent on their ad valorem taxes. The Ordinance makes it the responsibility of the applicant to provide the City with statements showing that all ad valorem taxes are current. Upon Council's direction, a final draft of the Ordinance will be produced and staff will prepare a letter notifying all current license holders of the proposed Ordinance provisions. .". .., ".- ..W te ... .. RESOLUTION tlO. 91- 12 A RESOLUTION CONCERNI~G PER~ITS FOR RETAILERS SELLING BEER A~D WI~E FOR CONSUMPTION ON PREMISES, AT GASOLINE SERVICE STATIONS AND GROCERY STORES, OR A COMBINATION TSEREOF; FINDING COMPLIANCE WI~S THE OPE~ MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TeE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte, on August l~, 1974, adopted City of La Porte Ordinance No. 1000, designating the areas where beer and wine for consumption on premises may be sold in the City of La.Porte, and prohibiting the sale elsewhere. Subsequent to the adoption of Ordinance No. 1000, the City Council of the City of La Porte has issued per~its for retailers selling beer and wine for consumption on premises, only to restaurants deriving at least 65% of their gross income from the sale of prepared food, and serving beer as a beverage only in connection with the service of prepared food to a customer. Section 2. By adoption of this Resolution, the City Council of the City of La Porte confirms ~ts existing policy~ Without limiting the generality of the foregoing, the City Council of the City of La Porte establishes and reaffirms its policy under Ordinance No. 1000, that City of La Porte permits for a retailer selling beer and wine for consumption on premises, will not be issued to gasoline ser~ice stations, grocery stores, or combination gasoline service station - grocery store businesses. Section 3. The City Council officially finds, deter~ines, recites and declares that a sufficient written notice of the date, hour, place and subject of t~is meeting of the City Council was posted at a place convenient to the public at the City Sall of the City of La Porte, Texas for the time required by law preceding this meeting, as required by the Open Meetings Law, ~rticle 6252-17, Texas Revised'Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolution 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 .. " r ., \ RESOLUTION NO. 9l- 12 Pace 2 Section 4. This Resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 23rd day of September, 1991. CI~Y OF LA PORTE , .." i .. .-- / . ~. By: / :.:"'::'1.//.. ,,/~// /L~:~~'~ Norman L. 'Malone, Mayor ATTEST, ~ ~ . ~ . ~-IE Cherie Black, City Secretary ~~~ Knox W. Askins, City Actorney "e e ~~~~i ORDINANCE NO. 1000-1 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF WINE AND/OR BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; REAFFIRMING THE POLICIES ESTABLISHED IN RESOLUTION NUMBER 91-12; REPEALING ORDINANCE 1000, AND ORDINANCES 1000-_ THROUGH 1000-_, INCLUSIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of wine and/or beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alooRolis BOVOr-agos wine and/or beer may be sold under the following conditions: (1) At least sixty-five percent (65%) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," Clp.ord.beer1000-1; January 22,1997 Ordinance No. 1000-1 '. e Page 2 e "ice house," or "beer," or any word of like import, to identify the business. (3) Wine and/or beer shall be served as a beverage only in connection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and canceled checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. Section 2. That the sale of wine and/or beer shall be permitted, but only in association with the operation of a restaurant as defined in Section 1 above, during the hours set by the general laws of the State of Texas, consistent with Texas codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following locations by retailers selling wine and/or beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 8200 Spencer Hwy., La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: TR 17M, (020*TR A1 Brookglen Reserve A) in the W. M. Jones Survey, A0482), Town of La Porte PROPERTY OWNER: Dairy Queen Inv. Inc. #314, Bill Henerson Co., Inc., P. O. Box 861168, Piano, TX 75086 NAME OF APPLICANT: Bill Henderson Co., Inc. (Wai Ping Yuen) ADDRESS OF APPLICANT: P. O. Box 920969, Houston, TX 77292-0969 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Barry's Feedlot STREET ADDRESS OF PROPERTY: 823 W. Main, La Porte, Harris County, TX LEGAL DESCRIPTION OF PROPERTY: Lots 5 & 6, Block 44, Town of La Porte PROPERTY OWNER: Brook's Flagstop, P. O. Box 998, La Porte, TX 77572-0998 NAME OF APPLICANT: Margaret Jo Fulmer and Alma Loyce Young ADDRESS OF APPLICANT: P. O. Box 1775, La Porte, TX 77571 Clp.orcl.beer1 000-1: January 22, 1997 .- Ordinance No.1 000-1 Page 3 e TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Brook's Flagstop STREET ADDRESS OF PROPERTY: 1133 S. Broadway, La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: Lots 1-31, Block 1110, Town of La Porte PROPERTY OWNER: Dan Cheek Investments, L. B. Walker & Assoc., P. O. Box 16290, Houston, TX 77222-6290 NAME OF APPLICANT: Heng Fa Corporation (I Ming Charles Chow) ADDRESS OF APPLICANT: 1710 Davon Lane, Houston, TX 77058 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Chow's Cafe STREET ADDRESS OF PROPERTY: 308 W. Main, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lot 20 and East 8' of Lot 19, Block 58, Town of La Porte, Harris County, TX NAME OF APPLICANT: Elena Suarez De La Cruz ADDRESS OF APPLICANT: 1608 3rd St., Galena Park, TX 77547 PROPERTY OWNER: J. J. Meza, P. O. Box 202, La Porte, TX 77572-0202 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: EI Ranchero Mexican Restaurant STREET ADDRESS OF PROPERTY: 204 W. Fairmont Parkway, La Porte, Harris County, Texas 77571-6304 LEGAL DESCRIPTION OF PROPERTY: Lots 17 & 18, Block 179, Town of La Porte, Harris County, Texas PROPERTY OWNER: R. H. # 12 L TD, P. O. Box 1477, La Porte, TX 77572 NAME OF APPLICANT: Las Hadas Mexican Restaurant, Inc. (Jesse Tamayo Garcia) ADDRESS OF APPLICANT: 204 W. Fairmont Parkway, La Porte, Harris County, TX 77571-6304 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Las Hadas Mexican Restaurant, Inc. STREET ADDRESS OF PROPERTY: 904 W. Barbours Cut Blvd., La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: TR 5, Block 5, Nebraska Syndicate, Town of La Porte PROPERTY OWNER: Fine Fair Inc., P. O. Box 806, La Porte, TX 77572-0806 NAME OF APPLICANT: Port Auto Truck Stop, (Akbarali Kasamali Momine) ADDRESS OF APPLICANT: P. O. Box 806, La Porte, TX 77572-0806 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck Stop Clp.ord.beer1000-1; January 22,1997 ,_ Ordinance No. 1000-1 Page 4 e STREET ADDRESS OF PROPERTY: 110 N. Broadway, La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: Lots 6-13, Block 181, Town of La Porte, Harris County, Texas PROPERTY OWNER: Dynx Leasing c/o Gere A. Tharpe, 6002 Osborn St., Houston, TX 77033-1016 NAME OF APPLICANT: Qian Ai Un ADDRESS OF APPLICANT: 14834 Sun Harbor Drive, Houston, TX 77062-2218 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Royal China Chinese Restaurant STREET ADDRESS OF PROPERTY: 500 W. Main, La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: Lots 21 through 23, Block 56, Town of La Porte, Harris County, Texas PROPERTY OWNER: Gilbert Diaz, 802 Ivy Ave., Deer Park, TX 77536-3220 NAME OF APPLICANT: Gilbert Diaz ADDRESS OF APPLICANT: 802 Ivy Ave., Deer Park, TX 77536-3220 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Speedy Taco STREET ADDRESS OF PR9PERTY: 10003 Spencer Hwy., La Porte, Harris County, TX 77571-4077, LEGAL DESCRIPTION OF PROPERTY: TR 8C, Block 2, of the W. J. Payne Subdivision in the W. M. Jones Survey, A-482, of Harris County, TX PROPERTY OWNER: Billy Fontenot, 10003 Spencer Hwy., La Port, TX 77571 NAME OF APPLICANT: Billy (Alfred) Fontenot ADDRESS OF APPLICANT: 4029 Burke Rd. #3010, Pasadena, TX 77_ TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Two Cajuns Cafe Section 3. The sale of wine and/or beer for consumption on the premises where sold is hereby prohibited in the City of La Porte, save and except in those areas designated hor:oin. in this Ordinance, or in any future amendments hereto. Section 4. The sale of wine and/or beer by retailers, manufacturers or distributors not for consumption on the premises where sold shall not be affected by Clp.ord.beer1 000-1; January 22, 1997 .- Ordinance No.1 000-1 Page 5 _ this Ordinance, and such sales shall be made in accordance with the general laws of the State of Texas. Section 5. Renewals of existing permits (as delineated in Section 2 above) shall be subject to the terms of this ordinance, and the provisions of the Texas Alcoholic Beverage Code. In addition, no permit shall be issued to or renewed for a retailer selling beer and/or wine for consumption on premises, and no permit shall be issued to gasoline service stations, grocery stores, or combination gasoline service station/grocery store businesses. In addition, prior to the issuance of any new permit or renewal of an existing permit under the provisions of this Ordinance, the applicant shall make written application to the City Secretary stating, among other requirements: (a) His or her name; (b) Place of residence for the preceding two (2) years; (c) Sex; (d) Age; (e) Customary occupation; (f) A statement by the applicant, verified by the City of La Porte, that all city and school taxes have been paid by the applicant and owner of the property covered by the application, and that the applicant and property owner are current on their real and personal property taxes located or to be operated within the City of La Porte; No permit shall be issued or renewed by the City Secretary of the City of La Porte unless all city and school taxes have been paid by the applicant and owner of the Clp.ord.beer1000-1; January 22,1997 Ordinance No.1 000-1 Page 6 e e property covered by the application, and applicant and property owner are current on their real and personal property taxes located or to be operated within the City of La Porte. Section 6. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 2 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said locations, such that the provisions of City of La Porte Ordinance 1501, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such businesses or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of Ordinance 1501 and amendments thereto. In all future cases, new applications to the City of La Porte and to the State of Texas by retailers selling wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code: b. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and c. The Zoning Ordinance of the City of La Porte, being Ordinance No. 1501, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to Clp.ord.beer1 000-1; January 22, 1997 Ordinance No. 1000-1 Page 7 e e obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 7. That hereafter no permit lioDrlGO for the sale of wine and/or beer for consumption on the premises where sold shall be issued or approved, save and except in the areas horoin designated by this Ordinance or any amendments thereto. Section 8. The policy of the City Council of the City of LaPorte, as established in City of LaPorte Resolution number 91-12, is hereby expressly reaffirmed and readopted by the City of LaPorte. Section 9. City of LaPorte Ordinance 1000, and City of LaPorte Ordinances 1000-_ through 1000-_, both inclusive, are expressly repealed. Section 3:- 10. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of this Ordinance or any amendments hereto, or any other ordinance, statute or code, that permits and regulates the subject matter of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 9-11.lf 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. Clp.ord.beer1000-1: January 22. 1997 Ordinance No. 1000-1 Page 8 e e Section 12.4<* 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 is 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 Chapter 551, Tx. Gov't 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 13.44-: This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 14.~ Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00). PASSED AND APPROVED this the day of ,1996. CITY OF LA PORTE Clp.ord.beer1 000-1; January 22, 1997 Ordinance No. 1000-1 Page 9 . ATTEST: Sue Lenes, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney Clp.ord.beer1 000-1; January 22, 1997 e Norman L. Malone, Mayor . . January 27, 1997 City Council Workshop e' - Planning & Zoning Commission's Recommendation for Non-Conforming Structures, Lots and Uses Page 1 Overview e The current ~oning ordinance prohibits changes to non- comforming uses. The Planning and Zoning Commission was charged on June 10, 1996 with developing a strategy for non-conforming, uses, while providing and maintaining neighborhood protection. e On November 11, 1996 the Planning Department forwarded the Planning and Zoning COltlmission's Recommendation on Non-Conforming Issues to Council. The following outline summarizes proposed changes which address neighborhood prtection and provides for continued economic development opportunities. Page 2 Concerns Expressed by Council e, . Exemption Period e Residential Non-Conformities e Amortization Period e Revocation Period . Non-Conforming Use~ e Page 3 to Inove closer to . Improve, to To lllake better, Definitions . Alnelioration e conforlllity . Amortizatioll - Exemption - A pernlit to continue as a non-confornlity. Non-Conforuling - A Use, Structure, or Lot that does not lneet the specific requirenlents of the zoning ordinance. to schedule a tinle for conformity. lilllit use, To . . . e Non-Conforuling Use - A Use that does not nleet the requirements of the zonill.g ordinance. Exalllple - COlnmercial use in Residential Zone Non-Conforlning Structures - A building that does not meet the requireulents of the zoning ,ordinance. Exalnple - Proper Setbacks, Lot Coverage ' Non-Conforlning Lots - A Lot that does not Ineet the requirements of the ZOnlllg ordinance. Exalnple- Driveway widths, Dunlpster locations . . . Spot Zoning- The intent behind a zone change; A Zone change that benefits a specific individual or group versus the whole cOlnlnunity. . Page 4 & Lots Non -Conforming Structures Section 4-301- N on-Conforming Lots Section 4-201 N on-Conforming Structures e e Proposed Changes may continue & may be utilized or developed provided that; New uses or Change in occupancy may occur subject to review by Planning Department Review for purposes of achieving Inaximum cOlnpliance with Ordiance i.e., parking, landscaping, setbacks, driveways, etc. Decisions of Planning Department may be appealed to Board of Adjustnlent . . . may continue, may be repaired, but not altered except when; If unoccupied for 180 days, abandonment occurs & structure may not be re- occupied If detroyed more than 50 %, repaired or replaced. fila y not be . . . . Proposed Changes May be enlarged subject to Board of Adjustment Review & Approval of a schedule of elinrination or substantial reduction of the non-conformity . Page 5 Board of Adjustments Three Major Functions Regarding Non-Conforming Uses - - - Zoning Board of Adjustment There are three specific paths for addressing Non-Conforming Uses The Current Zoning Ordinance does not have specific guidelines for addresssing goals of Comprehensive Plan to eliminate or ameliorate Non-Conformities Residential Use Is Granted Exemption by Ordinance. ~ Board of Adjustment hears cases Sets Amortization Schdule . Board of Adjustment Grants Exemption Exemption granted for a minimum 5 year period 20% rule does not apply during first five years . ~ The Revocation Process The Revocation Process N on-Conforllling Uses Page 6 Identification, Registration, & Process Section 4-~03 Notification of Non-Conforming Use Status 1 Non-Conforming Uses Identified by City Property Owners Notified - ~ Planning Department registers Non-Conforming Uses ~ Non-Conforming Uses in Residential Districts to be processed 1 st '" . Non-Conforming Uses - in Commercial Districts to be processed 2nd I Non-Conforming Uses in Industrial Districts to be processed after Residential and Commercial Page 7 Application for ExeITlption froITl Alllortization ~PPlication for Exemption from Amortization I Submitted to the Planning Department :, I e Owner does not respond to notice or does not seek Exemption from Amortization Owner seeks Exemption status based on no impact to surrounding property owners ,J ~ Zoning Board of Adjustment (ZBA) holds public hearings to consider Exemption from Amortization ,J ZBA does not gran' Exemption Recommends Amortization " ZBA places conditions for amelioration on non-conforming use .J ZBA finds no material adverse impact on community - .f ZBA Sets Hearing for Amortization Schedule .J Appeal to District Court Section 211.011 Texas Local Government Code .J Exemption Granted Minimum 5yrs before Revocation Process can be initiated by 20% rule Staff or ZBA may inttate process at anytime .- Exemption Granted Minimum 5yrs before Revocation Process can be inttiated by 20% rule. Staff or ZBA may inttate process at anytime mortization and Termination Page 8 Z<;>ning Board of Adjustment sets hearings for Amortization of specific non-conforming uses - . Public Hearing on Amortization conducted . ZBA sets Amortization schedule based on applicable ,law and community input - .' .. - Amortization Amortization Schedule Set Schedule Set --- --- Appea to District Court City and Applicant mplement Plan Page 9 Revocation of Non-ConfoflIling Status Exemption or Amortization Schedule set by Zoning Board of Adjustment e .J A Petition for the Revocation of a No~nforming Use Status may result if tt.! Property begim to adverse~ affect the neighborhood. The Revocation of a Non-Confonning Use Status may be intiated in one of three ways. Planning Department Staff may initiate revocation procedures at anytime. :J Petition by 20% of the adjacent Property Owners. A petition by 20% of the adjacent Property Owners may not occur during the first five years of exemption and may occur on~ orce durilJj alTt five year period of time tt.!reafter. Zoning Board of Adjustment ZBA may in~iate revocation procedures at anytime. - :J TI'e ZomlJj Board of A~lSment ooids Public Hearings. There are required findings aoo slandards in tt.! Board Determination on the Revocation of Non-Conforming Use Status ~ :r :J Amortization Schedule Terminated Amort~ation Schedue Revised Appeal to llstrict Coort ('~j fjJJ'Y ARTICLE FOUR: GENERAL PROVISIONS e Section 4 - 100 Certified Site Plan Required 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. Y"t.II'te:r e e Section 4 - 105 Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. Section 4 - 200 Non-Conforming Buildings. 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. Conforming Use does nbt.Change to Non-cohformil'lg . Use if Adiaceht Property Subsequently Changes to a Residential Classificatiom A use that conforms to the zoning regulations on the effective date of this Zonihg Ordinance at the time of initial development of the site shall not subsequently be deemed a non-conforming u~e solely because the adjoining use changes to a residential useclassificatibn. 2. Accessory Use of Structure. No structure that is accessory to a principal non-confbrming use or a non- oomplying devolopment conforming structure shall Aet continue after such principal use or structure has been terminated, rernoved or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. Section 4 - 201 Non-Conformino Structures 1 . Limitation on Regulation 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. e . 2. Continuance of Non-Conforming 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 oomplianoe 'Nith all of the provioions herein cstabliGhed for structures in the district in whioh the non oonforming Gtructure is looated. accordance with the +he provisions of Section 4-201 (7) and Section 11-605(2) of this Ordinance applicable, and are also shall be followed. . 3. Accidental Damage 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 Reolacement 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. Reoairs 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 e . 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; EnlarQement to Non complying conforming Structure; A structure that is non-conforming may be altered, remodeled or otherwise improved, but not enlarged, unless the Board of. Adjustment determines (pursuant to Section 11-605) that suet'i enlargementwill hot result in ah increase in the degree of nonconformity with the regulations and development standards of the district in which it is located; , (a) Submission ,of Schedule to Eliminate .Non oomplionocs conformity. The applicant shall present to the Board of Adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 30 years, or setting forth the reaSons why such action is not reasonably possible. (b) Approval of Schedule by Board of Adiustment. The Board of. Adjustment shall review and approve the proposed schedule subject to such revisions to the schedule as deemed necessary to ensure that priority is given to elimination or reduction of those non oomplk:mocc confo....nitles that have significant adverse. impacts on surrounding properties, and which can reasonably be complied with taking into account the effect of the configuration of the lot and the location of existing structures or the cost of eliminating or substantially reducing such hon compliances conformities. , 8. / ~/;/. Abandonment of Non-Conforming 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 e e 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-Conforming Uses 1. Continuance of Non-Conforming Uses Subject to the provisions of this Ordinance relating to amortization of non- conforming uses, any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the 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. ~--Registration of Non Conforming Use It shall bo tho right of tho tenants and O'Nnon:; of :. non oonforming U60 to registor Game by Goouring :. Cortific:.to of Oocupanoy ac provided in Sootion 11 of this Ordinanoo. 2. Changing a Non-Conforming 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-Conforming 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. e e Section 4 - 203_ Notification of. Non-conforming Use Status The Planning Director shall mail written notice, prior to or concurrently with, the notice of public hearing pursuant to 4 ... 205, to all persons having an interest in the property as shown by the tax ro\ls of the City of La Porte where the property is located and to the occupant of each non'-confom'iing use in the City of La Porte by regular and by certified mail, retum receipt requested. The notice shall state that the use is subject to amortization and shall specifY the procedUres for obtaining an exemption from the amortization and termination requirements of 4 ;. 204 and 4.., 205., Section 4 - 204 Application for Exemption from Amortization Requirement (a) Application Requirements. An owner or qualified applicant of a non-conforming use may seek an exemption from the amortization and termination requirements of Sectien 4 - 205. The grounds fef: to. seek such an exemption shall' be that the non-conformiDg use has no adverse impact upon allOWed land uses in the district in, which it is located or can be rnade compatible with such, use upon compliance with specified conditions. Such owner or qualified 'applicant shall submit an application to ,the', Planning Director, on a form provided by the Plannihg Director; no less than 10 working days prior to the date schedl:lled for the public hearing being conducted pursuant to Section 4 - 205. (b) Board Review and Decision. ' The Board of Adjustrnent ,shall hold the public, hearing pursuant to. Sectien 4 - 205, folloWing the procedures for hearings, before the Zoning Board of Adjustmente,stablished'in 11,'604 of the Zoning: Ordinance; and shall cCJnsider the application f6i"anexemption fforn, the amortization and termination requirements of Section 4 -205" The owner or qualified applicant shall have the burden of proving' the grounds for the exemption. Upon conclusion of the hearing, if the Board of Adjustment finds that the use of the property has no material adverse impact upon the land uses permitted in the district in which it is located or can be made reasonably compatible With such uses through the imposition of specified conditions, it shall,ey motion, exempt the non-conforming use frornthe amortization and termination requirements of Section' 4 -205; and impose such conditions as it finds necessary to ensure reasonable compatibility; including, but not Ib'nitedto:'(i) required i/11provementofi (pr modifications to,)existing improvements on the property; or (ii) limitations on hours or nature of operations; and (iii) a specified term e e of years for which the exemption shall be granted. If the Board of Adjustment does not authonze an :exernption from the amortization and termihation requirements of Section 4 - ,205, it shall after considering applicable ,law ,informationpresented at the hearing and other factors deemed relevant by it, establish an amortization period for the non:-conforming use .ih accordance. with Section 4 - 205. (c) Appeal. Any person aggrieved by the decision of the Board of Adjustment or a taxpayer or an officer,'departlTlent, board or bureau of the City, may appeal the decision in accordance with Section 211.011 ofthe Texas Local Government Code. UnleSs properly appealed within 10 days of the date the decision is filed in the Board of ,Adjustment's office, the decision of the Board of Adjustment is final and incontestable. Section 4 - 205 Amortization and T erli1ination (a) Amortization of Specific Non.,conforming Uses. Non'-conforming uses shall be terminated at the end of an amortization period established by the Board of. AdjUstment in accordance with this Section. The amortization period to be established shall not. be less tharl 5 years, nor 1110re than 30 years, from the effective date of the Order of the Board of Adjustment. The Board of Adjustment, shall hold a public hearirig; as required by Subsection (b) below, to establish an amortization period or to consider an application by the non-conforming user for exemption from the amortization and. termination requirements set forth in this Section 4 - 205. If the Board of Adjustment grants ah exemption, the use shall be known as an "exempted noh-conforming use." If the Board of Adjustment does not grant an exemption, it shall establish an amortization period pursuant to Subsection (b). If an application for exemption from amortization Is not submitted,the Board of Adjustment shall establish an amortization period pursliant to Subsection (c). (b) Public Hearing. (1) The Board of Adjustment shall hold a pUblic hearing to establish an amortization period for each non oomplying conforming Use subject to notification pursuant to Section 4 e e - 203 , or to consider an application for an exemption from the amortization and termination requirements of this Section. purcu~nt to as allowed in Section 4..204 and this Section, b~t subject to the following notification requirements: (A) Written notice of the time and place of a public hearing, by certified niail, return receipt requested and postage prepaid, to the owner ahd occupant of the non... conforming use.. at least 30 .days prior to the date of such public hearlhg; (B) Publication at least 30 days prior to the date of public heating 6f a notice of the tirne and place of the hearing . in at.least one newspaper of general circulation iri the City; and (C) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to Sectloh11 - 608, of the lot line of the land subject to the application, ihclusive of streets, alleys and rights"of-way; and to civic associations registered with the Planning Director, Whose boundaries are wholly or partly within tAe said 200 foot area (2) Upon notification of the time arid place of the public hearing; the owher or occupant of the nOrl-,conforming use to be amortized may apply to the Planning Director for an exemption from amortization and terminationpurstJant to. Section 4 " 204' and include written information ahd documentation supp6rtiriga claim for an exemption from any amortization period. .In the event the. Board of Adjustment does not grant the. exemption applied for, it shall establish an amortization period based on (i) applicable law, (ii) evidence submitted with the application; (iii) evidence presented at the hearing and (iv) other factors consistent with the purpose of this Zoning Ordinance to allow the owner to recoup actual investment in the use made prior to the effective date of this Zoning Ordinance. The owner's or applicant's failure to submit evidence to support an amortization period shail be considered a waiver by the owner or applicant of any right to contest at the Board of Adjustment the length of any amortization period that the Board of Adjustment establishes. e V. (c) Amortization Period. In the event the owner, or qualified ,applicant does not apply for exemption from amortization, the Board of Adjustrnent, at the public, hearing, shall ,establish ,an amortization period, based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed rel~vant by the Board of Adjustment, to allow the owner or qualified' applicant to recoup a ct'-I al :investment in the use made prior to the effective date of this Zoning Ordinance. in no event shall the amortization be for less than 5 years nor more than 30 years from the effective date of the Order of the Board of Adjustment establishing the amortization period. (d) End of Amortization Period. At the end of the amortization period established by the Board of Adjustment for a particUlar use, tms the use shall terminate. (a) Initiation of Revocation Procedure. The Board of Adjustment shall undertake a review of any Revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under 4 - 206(d) exist; (ii) a report from the Planning, Director recommending revocation of thc statcs of such Revocable Use, which shall be based upon' a determiriati6nthat a reasonable probability of one or more grounds for termination under 4 - 206(d) exist for such recommendation; or (iii) valid petition of property owners conforming with Subsection (b) below, provided after due consideration of the petition, the Planning Director pursuant to (ii)i recommends revocation to the Board of AdjlJstrnent. In the event that the Planning Director, upon investigation, declines to recommend action by the Board of Adjustrnent, the Planning Director shall inforrn e e the petitioners in writing of that decision. The Planning Director's decision regarding the petition shall be appealable to, ,the Board of Adjustment under the procedures contained, in, 11 ;.,604 and 11.0608 of this Zoning Ordinance. (b) Petition of Property Owners. A petition may be submitted to the Planning Director only with respect to a request for revocation of the status of a Revocable Use, on a form provided by or otherwise submittedina manner prescHbed by the Planning Director. The petition shall be filed with the Planning Director and signed by the owners of at least twenty percent (20%) of the total number of .record owners as determined, by the most recently approved City tax roll, of land in the City, within 200 feet of the lot lines of the Revocable Use (as determined in 11-608), but inclusive of streets; alleys and rights~of-Way. and shall set forth the grounds for the revocation. Once a petition for revocation has been filed for a particular Revocable Use, another such petition rnay hot be filed by adjacent property owner concerning such Revocable Use for a period of _ years. (c) Board Notice. Review and Decision, Upon its own motion, receipt of the Planning Director's, report recommending the revocation, of the status of the Revocable Use or a decision by the Board of Adjustment to consider a revocation requested in a petition of pr()p~rty owners pursuant to 4 - 206(a), the Board of Adjustment shall hold a public hearing to consider revocation of a Revocable Use pursuant to tho proOdduroG i,n'11 004. Prior to holding such hearing, the Board of Adjustment shall. provide public notice as follows: (1) Written notice of the time and place of a publiC hearing, by certified mall, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the Harris County deed' records and to the occupant or occupants of the property containing said Revocable Use at least 30 days prior to the date of such public hearing; (2) Publication at least 30 days prior to the public hearing 6f a notice of the time and place of the hearing in at least one newspaper of general Circulation in the City; and (3) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to 11 . 6048, of, the lot line of the e e land subject to the application, inclusive of streets, alleys and rights-of~way, and to civic associations registered with the Planning Director, whose boundaries are wholly or party within the 20b foot area. Upon the conclusion of the public hearing, the Board of Adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the Revocable Use should be revoked and the use amortized or termil1ated; In, making its determination whether or not to revoke, the Board of Adjustment shall consider the standards set forth in 4 .. 206(d), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with, the purpose of this Zoning Ordinance, establish an amortization period, f()r the owner to recoup the aqtual investment in the use made by the owner prior to the time the use became non-conforming. The Revocable Use shall terminate at the end of the amortization period or the termination date, as the case may be, established by the Board of Adjustment. (d) Required Findings and Standards ,in. Board-Determination on Revocation. To support, a finding and conclusion ,that revokes the status, of a Revocable Use based on written findings of, faCt and conclusions, the Board of Adjustment must find any. (jfthe following (i) a violation of any 'condition Imposed by the Board <;>f Adjustment pursuant to 4 - 204(b); (ii) that the continuation of the Revocable Use materially and continuously interfere,s in an adverse, manner with the, implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences 6f one or more of the following with respectto the Revocable Use: (1) Noise above the maximum permissible limits, as set forth in the Zoning Ordinance, or in any other City ordinance; (2) Traffic generation bf more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent' edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; (3) Noxious or annoying emissions, of odor, smoke, wastewater, light or other matters; (4) Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as ,such. exacerbate general nbise or e e traffic; (5) Lack af substantialcampliance with applicable City cadesand ardinances; (6) Palice reparts an alleged criminal activity assaciated with the nan-canfarming use; ar (7) Similar factors. (e) Non-conforming Uses Not Subiect to Revocationaf Status. Notwithstanding any provisions of this Division or this Section 4 .. 206 that could be construed to the contrary; a residential use that is non-conforming in the particular district in which such use is located shall not be subject to. revocation underthis Section 4-206. . (f) Conditions for Continuation. In making a decision not to revoke the status of a Revocable Use pursuant to Section 4 - 2Q6(c), the Baard of Adjustment may impose conditions on the use that ate necessarY to accamplish the purpases af this Division section, including, but nat limited. to. required improvement of, or modifications to, existing improvements an the praperty or limitations on hours or nature of aperations. (g) Appeal. Any person aggrieved by the decisian of the Board af Adjustment~ ar a taxpayer,ar an officer, department, baard .or bureau af the City may appeal the decision in accordance with Section 211.011 af the. Texas Local Government Code. The decisiOn af the Board of Adjustment is final and incontestable unless appealed to. the district caurt within 10 :days after the date the decision is filed in the Baard of Adjustment's office. Section 4 - 300 Non-Conforming Lots of Recard Section 4 - 301 Continuance of Non-Conforming Lots af 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 regulationc. as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the . e lot is located. No new use or change in occupancy may be undertaken on non-conforming lots ofreeord, unless said change in use or occupancy is first submitted to the Planning Director for review. The PlannihgDirector shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this ordinance, taking into account. the particular restraints irllPosed by the degree of noh-conformity of said n6h-conforming lot of record. The Director's review shall include; but not be. mriited to. p,arking, loading; vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this ordinance. Decisions of the Planning Director made pursuant to provIsions contained in this section are subject to appeal to the Board of Adjustment as provided in Section 11-604 of this ordinance. Section 4 - 302 Discontinuance of Non-Conforming 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 Zoning 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 annexation. 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. 3. In an area temporarily classified as R-1 Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by . e 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. Section 4 - 500 Termination of Liquor Sale Establishments Bars. Lounges and Taverns in Residential or NeighborhobdCommercial Districts. All liquor sale establishments, bars, lounges and taverns in operation in Residential Districts or Neighborhood Commercial, as of the effective date of this Zoning Ordinance, shall not have a 'non-confbrmihglise status as of that date with respect to the use. of the land or structure as a liquor sale establishment; bar, lounge or taVern. Such use shall be terminated on the date of expiration, revocation. or termination of such establishment's valid State alcoholic beverage license or permit in existence on the effective date of this Zoning Ordinance, provided that such termihationdate shall not be extended by any renewal or extension of such . license or permit if such renewal or extension is issued on or after the effective date of this Zoning Ordinance. . . RESERVED FOR FUTURE USE