HomeMy WebLinkAbout1997-08-11 Regular Meeting of City Council
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MINUTES OF THE REGULAR
MEETING OF LA PORTE CITY COUNCIL
AUGUST 11, 1997
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, Council persons
Guy Sutherland, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, and Jack Maxwell.
Members of Council Absent: Councilperson Jerry Clarke.
Members of City Executive Staff and City Employees Present: Assistant City
Manager John Joerns, City Attorney Knox Askins, Director of Administrative
Services Louis Rigby, Police Chief Bobby Powell, Director of Public Works
Steve Gillett, Assistant Finance Director Cynthia Alexander, City Manager's
Secretary Carol Buttler, Purchasing Agent Susan Kelley, Paul Hickenbottom,
Fire Marshal, Lt. Ron Parker, City Secretary Martha Gillett, Planning
Director Guy Rankin, Crime Prevention Officer Jerome McKown, Assistant
Fire Chief, Champ Dunham, M.tS. Manager Larry Mabe, Lt. Aaron Corrales,
Lt. Steve Deardorff, E.M.S. Chief Chris Osten, Assistant Fire Chief, District
Chief Mike Boaze and Humane Ofticer Clarence Anderson.
Others Present: Lou Lawler, Spero Pomonis, Colleen Hicks, Charles Miller,
Theresa Miller, Helen McFerren, Mrs. Pam Mabe and family, Ed Wolf,
Madalye Wolf and a number of La Porte Citizens.
2. I.NVOCA TION - BY MAYOR NORMAN MALONE
Mayor Norman Malone delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JULY
28, B'97.
Motion was made by Councilperson McLaughlin to approve the minutes of July
28.1997 as presented. Second by Councilperson Howard Ebow. The motion
carried, 6 ayes, 0 nays and 2 abstain.
Ayes: Councilpersons Engelken, Ebow, McLaughlin, Porter, Gay, and Mayor
Norman Malone.
Nays: None
Absta~n: Councilpersons Sutherland and Maxwell
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Minutes Regular Mtleting
La Porte City Council
August 11, 1997, Page 2
4. PRESENTATIONS:
AMERICAN LEGION POST 428, LA PORTE - COMMANDER BUFORD
LEONARD PRESENTATION TO POLICE OFFICER, FIRE FIGHTER,
AND PARAMEDIC OF THE YEAR
Amer:ican Legion past Commander Bill White announced the winner of the
award for Paramedic of the Year, Chris Osten. Presenting the plaque and medal
were Post Commander Buford Leonard and Dan King. The award for Police
Officer of the year was presented to Chief Bobby Powell. The award for Fire
Fighter of the Year was presented to Mike Boaze, District Chief.
5. PROCLAMA TIONS:
MR. AND MRS. EO WOLF - Mayor Malone
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCI.L.
There were no citizens or tax payers wishing to address Council.
7. CONSIDER AUTHORIZING PURCHASE OF COMPUTER OPERATING
SYSTEM UPGRADE FROM IBM, A SOLE SOURCE VENDOR - L.
Rigb)'
Director of Administrative Services Louis Rigby addressed Council regarding
the summary and recommendation to purchase a computer operating system
upgrade from IBM, a sole source vendor, for $35,880.
Motion was made by Councilperson Sutherland to approve the purchase of the
computer operating system. Second by Councilperson Porter. The motion
carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell and Mayor Malone.
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING
AWARDING BIDS FOR STREET MATERIALS TO GULF STATES
ASPHALT AND SHEPLER EQUIPMENT CO. - S. Gillett
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Minutes Regular Meeting
La Porte City Council
August II, 1997
Page 3
Public: Works Director Steve Gillett reviewed the summary and recommendation
to award bids for street materials to Gulf States Asphalt and Shepler Equipment
Compan y.
Motion was made by Councilperson Maxwell to approve bids awarded as
recommended by staff. Second by Councilperson Engelken. The motion
carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell and Mayor Malone.
Nays: None
9. WORKSHOP - DISCUSS AN AMENDMENT TO ORDINANCE 1501 -
THE ZONING ORDINANCE, RELATING TO NON-CONFORMING
USES, STRUCTURES, AND LOTS RECORD
Mayor Norman Malone opened the workshop at 6: 16p.m.
PRESENTATION BY STAFF
Assistant City Manager John Joerns reported to Council that this item was tabled
at a January 1997 meeting. He also advised this issue dates back to May, 1996,
when the City Council suggested the Planning and Zoning Commission review
the City procedures on how non-conforming structures, uses and lots of record
are handled. The Planning and Zoning Commission met at least four times and
received input at a Public Hearing regarding this subject. After the Public
Hearing, a presentation Was made to City Council and they scheduled a
workshop meeting for January 1997. It was reported there are slight differences
in the old and new material. The differences are in the text. The reason for the
differences are due to the input received by City Council at the first meeting in
which it was presented.
Planni.ng Director Guy Rankin stated the City of La Porte has about 50 non-
conforming uses. The proposed Ordinance was developed to address non-
conformities within residential districts. Areas were also reviewed for
commercial, industrial or heavier uses in those zones. The Planning and Zoning
Commission and staff looked at non-conformities to see how they affected
various La Porte neighborhoods. It was determined that several businesses,
both small and medium size located inside residential districts were looking to
expand. Those businesses are not able to expand under the current Ordinance,
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Minutes Regular Meeting
La Porte City Council
August 11, 1997
Page 4
and if they are destroyed by more than 50% they could not be allowed to be
rebuilt under the current Ordinance.
Mr. Rankin explained the extended use life period of the new Ordinancwould
allow businesses to register and to possibly expand with the overall goarto
return to the underlying land use, i.e., residential neighborhoods would return to
residential uses.
STAFF RECOMMENDT.ION
Mr. Rankin presented proposed Ordinance change based on Council's and
Planning and Zoning's recommendations for non-conforming structures, lots and
uses. Mr.Rankin stated the Planning and Zoning Commission was charged
with developing a strategy for non-conforming uses, while providing and
maintaining neighborhood protection.
Mr. Rankin addressed several of Council's previous concerns with the Zoning
Ordinance, explaining how such changes are addressed in the amended Zoning
Ordinance. In addition, he advised that the current Zoning Ordinance does not
have specific guidelines for addressing non-conforming goals of the
Comprehensive Plan. The amended Ordinance would address such issues.
Mr. Rankin addressed questions and concerns from Council members.
CLOSE WORKSHOP MEETING
Mayor Malone closed Workshop Meeting at 7:05 P.M.
10. ADMJN.ISTRA T.lVE REPORTS
Assist.:j.nt City Manager John Joerns reported on the City Auction held on
Augus.t 2, 1997. Total sales minus commission were $43,137. In addition,
Mr. Joerns reported on the selection process to appoint a new Medical Director.
A formal appointment Ordinance will be presented at the next meeting. He
reminded Council of the Budget Workshop meetings which will begin on August
18,1997.
11. COUNCIL ACT.ION
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Minutes Regular Meeting
La Porte City Council
August 11,1997
Page 5
Coundlpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell and Mayor Malone brought items to Council's attention.
1.2. EXECUTIVE SESS.ION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENVCE WITH EMPLOYEES
DELIBERA TION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAM.lNA TJON OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. Section 551.074 - (PERSONNEL)
CITY COUNCIL PROCEDURES
Council retired into executive session at 7: 19 p. m. under Section 551.074
(Personnel), City Council Procedures. Council returned to the table at 7:59
p.m. with no action taken.
13. CONSlDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
.IN EXECUTIVE SESSION.
There was no consideration for this item.
14. ADJOURNMENT
There being no further business to come before Council, the meeting was duly
adjourned at 7:59 p.m.
Respectfully submitted,
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111 t1ffJt~ (j, .;{d/al
Martha A. Gillett, City Secretary
P sed and Approved on this the 2501 clay of August, 1997
Ofman~~~ -
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REQua FOR CITY COUNCIL AGENDA~
Agenda Date Requested:
Administrative Services
Requested By: _
Report
Ordinance
Exhibits:
Interoffice Memorandum
m:M Correspondence
SUMMARY & RECOMMENDATION
The City has a technology strategy to maintain the City's computers with current operating
systems. The Police Department's IBM AS/400 operating system needs to be upgraded to the
most current available, This computer acts as the department's main frame and all of the usn
applications are used through this hardware,
The operating system requested would make the AS/400 a model 400, The current system is
an "E" series and ffiM has announced that these machines will no longer be eligible for upgrades
after November, This upgrade should last five (5) years.
Since the computer is manufactured by IBM, the operating system must also be furnished by
ffiM, making this a sole source, "captive replacement II , and exempt from the state's bidding
laws,
Business Computer Logistics, an IBM business partner, has quoted a price of $35,880 for this
upgrade. A total of $44,000 was budgeted in this year's computer fund.
Action Required. by Council:
Authorize purchase of computer operating system upgrade from mM, a sole source
vendor, for $35,880.
Availability of F'unds:
__ General Fund
__ Capital Improvement
-2~ Other
Water/Wastewater
_ General Revenue Sharing
Account Number:: 023-5252-580-8011
Funds Available: X Yes
No
Approved for Cilty Council Aeenda
~~ 1l_~
Robert T. Herrera
City Manager
0..\.'.,). . 19 i l tt tt 1
Date
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City of La Porte
Memo
To:
From: Larry Mabe, MIS Manager
cc: Jeff Litchfield, Assistant City Manager
Date: August 6,1997
Re: ISM's Withdrawal of PD's AS/400 from upgrade list
The Police Department's AS/400 computer is an "E" series computer, (model 9404-E25). On
May 20, ffiM announced withdrawal of the model E and F series of AS/400 computers from
the list of machines eligible for upgrading. This withdrawal will become effective November
4, 1997.
MIS budgeted $44,000 for upgrading this machine in the event that ffiM announces its
removal from the upgrade list. Now that this has happened, we have completed the following
items:
. Obtained the cost ofthe upgrade, which is $35,880.
· David Wood verified that the U.S. T .I software applications would function on the
latest version of the ffiM operating system.
· Confirmed with ffiM the ability of the upgraded machine to function as a server in
event PD converts to applications that work in a client/server environment. This will
require a file server feature to be added when we are ready.
. David Wood will coordinate with the Police Department and ffiM to select the best
time to upgrade after delivery.
. Worked with ffiM on availability and delivery times of the AS/400 upgrade. Shipment
to take place before 8/29/97.
I have attached a copy of the quote from Business Computer Logistics, the IBM Business
Partner.
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FROK. BeL
FAX HO.' '4898353814
B7-22-97 18'89 P.82
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Bel
July 22, J 997
Mr. La1ry MJIbe
City ofLaPolrte - Pollee Departmmt
604 W. PaimlOld Partway
LaPorte, 'IX "77571
Dear Mr. Malbe:
TbaiIk you f<ll' mkIDg 1he tImD to speak wt1Illennlfer Parv1s regmJiDg your speci11c requircmeIIt8 far the
upgmdc af1be I32S tar the LaPonc Police DepDnmeat:
Um:d below is CJ1D'revised coufiJUl'lliou aDd priclne:
Cam:Dt System:
9404-B25
400/2354
CPW 11.8
40 MB Memory
4 GB DASD
525 MB 1/4" Tape
B1heruet ~pter
8mm Tape Drive
Upple Option:
9404-400
400a131
CPW 20,6
128 MB Memory
8 GD DASD wIRAJD S (11 GB Total)
2.5 GB 1/4" Tape Drive
Etbemet Adapter
Base CD ROM
*.*1J!'8S PURCBASR DISCOtJNT*** - S'1,95
Upgnde TOTAL
$30,780
IBM MigratiDn Services
$5,100
TOTAL
535,880
Other IBM Stmc:es to _!lida' for your Upgrade:
lBMB~d )ira1nt_lIn~ 0pti.aD (3 yrs. estimate )
$4,400
SI,260
lBMAS/400 Support Line (12 months)
BUllneu Computer I.c~istia " P. O. Bale 14223. Monroe, LA 71207 · S000840-9939 or (318) 32A-0484 · FAX (918) 324-0512
FRO" I BeL
FAX NO.1 4B9B333B14
87-22-97 18189 P.83
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20(2
AddltiDDal pl. iDfODDadon:
7852-400 BxtmW V.34 DldalPu Modem
SS2S
9910-B09 65Q-1S00VA U.:P.9.
$1,635
We appeda1~ the opportImi1y to work witb 100 8Dd your smtfin Ihia aJdeBvor. Please Berte 1bat the
parclwe diac:oDlll1lstec1 iJ a limited oft'edq. To qualify for 1IJe stated di.scouDt., your Upgrade onla'
must be placed by ADgmIt IS, 1997 and sbipmllllt must occur 011 arbefore Augu8t 29, 1997, Prices iR IS
of July 18, 1997_ subject to cbanp.
P!ease can me at 1-800-925-9409 or .Jc:DDifer P'II(Yis ar 1-800-340-9939 if you me my quesdODS.
s~
~L~
Pamela W'UII
IBM Markr:ting Affiliate
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IREQUE. FOR CITY COUNCIL AGEN. ITEM
Agenda Date Requested: August 11, 1997
Requested By: steve Gillett ~ Department: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bids #0713 - street Materials
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0713 for the annual supply of Street
Materials were opened and read on July 28, 1997. Bid requests were mailed
to nine (9) vendors with five (5) returning bids and one (1) no-bid.
Low bid meeting specifications for Section 1 - Cutback Asphalt Picked
up was submitted by Gulf States Asphalt at a price of $0.90 per gallon.
This is the same price as bid last year. Using estimated yearly
quantities, this item would cost $4,500.00.
Low bid meeting specifications for Section 2 - Liquid Asphalt Cement
was submitted by Gulf States Asphalt. This represents a 7.1% decrease over
the last year's bid. Using estimated yearly quantities, this section would
cost $21,420.00.
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Low bid meeting specifications for Section 3 - Joint & Crack Sealer,
Delivered~ was submitted by Shepler Equipment Co.at a cost of $0.26 per
pound. This repre!sents a 10.4% decrease over last year's bid. Using
estimated yearly quantities, this section would cost $10,400.00.
Staff recomnlends award of the bid for Sections 1 & 2 to Gulf States
Asphalt, low bidder meeting specifications. It is recommended Section 3 be
awarded to Sheple!r Equipment Co., low bidder meeting specifications.
Adequate funds for this purchase are budgeted in the Street Division's
Operating Budget for FY 96/97 and FY 97/98.
Action Required by Council: Award bid for Sections 1 & 2 to Gulf States
Asphalt, low bidder meeting specifications. Award bid for Section 3 to
Shepler Equipment Co., low bidder meeting specifications.
Availability of Funds: N/A
xxx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-7071-531-4015
Funds Available:
XX YES
NO
Approved for City Council Agenda
G~ l, t~
Robert T. Herrera
City Manager
a.u~. l.) l ~.'l1
DAT
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BID TABULATION - STREET MATERIALS
1. CUT BACK ASPHALT - P/U 5000 $0.90 NO BID NO BID NO BID NOBIDI NO BID
TOTAL ITEM #1 $4.500.00 NO BID NO BID NOB!D NOB!D NO BID
2. LIQUID ASPHALT CEMENT
A. AC-5 DEL. (5000 GAL OR MORE) 10000 $0.52 $0.57 NO BID NO BID NO BID NO BID
B. AC-10 DEL. (5,000 GAL OR MORE) 30000 $0.50 $0.57 NO BID NO BID NO BID NOBID
C. AC-5 P/U (LESS THAN 1,500 GAL) 1000 $0.62 $0.55 NO BID NO BID NO BID NO BID
D. AC-10 P/U (LESS THAN 1,500 GAL) 1000 $0.60 $0.55 NO BID NO BID NO BID NO BID
TOTAL ITEM #2 $21,420.00 $23,900,00 NO BID NO BID NO BID NO BID
3. JOINT & CRACK SEALER DEL 40000 NO BID NO BID $0.26 $0.29' $0.34 NOBID
TOTAL ITEM #3 NO BID NO BID $10,400,00 $11,600.00 $13,600,00 NO BID
@IWjmlmf:WW@mmtimmiMW$aA"~J~tt~T.lg [~mI:mlU m;[$.I$.I~~ID:P;QI l@@lg:~~lQ:o.UIQl U*ili[$1:~fj:Qa,lQJhlla$J.:jl$a.Ql~J~jlH!t.m*:I$i1~j~:pj).nnu @1.ffmIBlp.
"--- --- -.-------
DELIVERY AFTER ARO 24 HOURS 24 HOURS 3-5 DAYS 5 DAYS 15 DAYS
LOCATION OF PLANT SOUTH HOUSTON FORT SAN CHEYENNE
HOUSTON WORTH ANTONIO WYOMING
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BIDDER'S LIST
. SEALED BID 0713
STREET MATERIALS
CHEMLlNE
801 NORTH 16TH STREET
LA PORTE TX 77571
PRIME MATERIALS
600 CENTURY PLAZA DR SUITE 100
HOUSTON TX 77587
CRAFCO TEXAS INC
105 TOWER DRIVE
SAN ANTONIO TX 77587
SEALANT SYSTEMS
PO BOX 1135
HOUSTON TX 77469
GULF STATES ASPHALT
PO BOX 508
SOUTH HOUSTON TX 77587
SHEPLER EQUIPMENT COMPANY
9103 EAST ALMEDA
HOUSTON TX 77054
KATY WAREHOUSE
9020a RULAND RD
HOUSTON TX 77055
SUNBEL T ASPHALT & MATERIAL
PO BOX 4608
HOUSTON TX 77210-4608
NESTEJVVRIGHT ASPHALT PRODUCTS
704 SHELDON RD SUITE B
CHANNEL VIEW TX 77530-3538
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JULY13,1997
JULY 20, 1997
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. CITY OF LA PORTE e
August 7, 1997
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City ManagUit~
Workshop Item - Proposed Amendments to the Zoning Ordinance (Article 4)
SUBJECT:
Mayor Malone, Councilmember Porter, and Councilmember Engelken requested the
attached workshop item.
This subject matter has been discussed at previous workshops by the Planning and Zoning
Commission, as well as by City Council. Due to the lapse of time since the last overview,
staffwill brief Council with the status of this topic.
A review of this draft ordinance by staff, with assistance from the Planning and Zoning
Chairperson, resulted in a different direction for the ordinance from what you last read.
The newer ve:rsion may be less complicated and less obtrusive.
I certainly hope this tool will provide you the assistance you may need in the near future
as you contemplate what policy decision you will make in addressing non-conforming uses
and structure:s throughout the City.
If you should have any questions, please contact Mr. Joems.
RTH:cjb
c John Joerns
Guy RanlIcin
REOJtT FOR CITY COUNCil AGENDA 1&
Agenda Date Requested: August 11. 1997
Requested By: Guy Rankin Department:
X Report Resolution
Exhibits:
1, Proposed Amendments to the Zoning Ordinance (Article Four)
Planning
Ordinance
......~ .. .. . , .... -..,..."...... ... - . lUMIViARV.{"RtCOMMENDATIQN' - -- . .. "..".. ". . ..."..
Summary
The Planning and Zoning Commission, during its May 16, 1996, meeting, held a public
hearing to receive citizen comment regarding a proposed amendment to the City's
Zoning Ordinance regarding a zone change request for Block 64; lots 17-32; Town of
la Porte, The applicant requested the expansion of a pre-existing, non-conforming
use, The Planning and Zoning Commission recommended against the expansion of
the non-conforming use and City Council upheld the recommendation of the Planning
and Zoning Commission. However, the City Council suggested the Planning and
Zoning Commission review our procedures on how we should handle non-conforming
structures, uses, and lots of record in the future,
Since the initial charge to review the Non-Conforming section of the Zoning Ordinance
for possible recommendations. to the City Council, the Planning and Zoning
Commission has held at least four meetings regarding the subject, After a
comprehensive review by the Commission, a public hearing was held during the
regular scheduled meeting, October 17, 1996, to receive citizen comment regarding
the proposed changes to the Ordinance, The Planning & Zoning Commission
recommended changes to the Zoning Ordinance. At the January 27, 1997 Council
meeting Mr, Herrera reported that some Council Members had placed a memorandum
before them asking Council to table this workshop, He indicated that staff was
prepared to present the requested information, however a motion was made to table
the matter. -
Since January 1997, Staff has received input from Council, P&Z, and staff
recommending additional revisions to the ordinance. The attached represents the
proposed ordinance changes.
Recommendation
Review and provide direction,
Action Required by Council:
Report Only"
..."....,~_.--._-- ...-.. - .~..;
Availability of Funds: N/A
General Fund
Capital Improvement
Account Number: _ Funds Available:
. '....... On "'.....-..,. -."'........... ........... ...__...... .iIl
I.....~_.......'-'"- ....,._,_......__.
VVatertvVastewater
General Revenue Sharing
_YES _NO
~JL"''''iIl..~.-..."",,",..,,~.
Approved for City Council Agenda
C;>~ T. \-\ ~
~-Co-4"l
Robert T, Herrera
City Manager
DATE
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ARTICLE FOUR: GENERAL PROVISIONS
Section 4 - 100 Certified Site Plan Required
Any person desiring to ...J~p.~9.Y~......E~9.E.~;r~y.......~p:?.~.~.....~~mit to the
Enforcing Officer ~~P,Mf~ltmlillgg~~ffig*"IQ~~i:lillii~~; a certified
site plan of said prem1ses and 1nformat10n eft 9.m~n.g the location
and d~mensions of existing and p,roposed buildings:-:':<and.:,R.~;;~~~~g,,~~~~g~E,~,f~l
locat1on of easements cross1ng the property, ~~E%M~4.t%t~~
encroachments, and iH'lY' other information which may be....iie..ce.ss.ai}/'.Eo
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, T~i$, pursuant to the provisions
of Sect~9g~~2.07 of the Development~brdinance of the City of La
Porte, W~~.
Section 4 - 102 All buildings shall be Be placed Be ffi.1&lu!&%~
~~~ that they will not obstruct future streets which..........rnay'......be
-~~~:!~
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 connnon, 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.
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Section 4 - 105 Except in a Planned Unit Development, no building
shall be located closer than ten feet (10') from any existing or
proposed street right-of-way.
Section 4 - 200 Non-Conforming Buildings, Structures. and Uses
The general nublic, the Planning ~llali3.8 Commission and the
Board oflUiiilJ!$1Hi.e1it are directed to 't"aket.note...*that non-conformities
in the::"'uset';:.and::::'deve:lopment of land and buildings are to be avoided,
or eliminated where now existing, wherever and whenever possible,
except when necessary to preserve property rights, specific
structures, lots, or uses established prior to the date these
regulations became effective as to the property in question, and
when necessary to promote the general welfare and to protect the
character of surrounding property. It shall be the responsibility
of the Pla~i~g ~1MI~~~ ~ommission and. t~e Doard,to assis~ the
City Counc~l ~n ach~ev~ng th~s goal by adv~s~ng the C~ty Counc~l of
their recommendations thereon. As necessary, the City Council may
from time to time, on its own motion or upon cause presented by
interested property owners, inquire into the existence,
continuation or maintenance of any non-conforming use within the
City,
It:=::::::::::::~~;::::,.t1t':::'~'1Ir~<:::':<<:::::liiir<::;'::;::;IB::::~;::~ElI::%::i:.A:::?i:::~:afi:::;:;;'::':;:'i'::'il:i::::;:m::::<::::~::IQ.lei:::::::<:::::::::;::i::::;::::::<:~<<::<:ii::'~::::::<:;::;:'$:~.:>E
{,:~:;mmt.ltjilii~m~~\Pi_a~~~~__'~~~liii.:..,.:Jjt::.:'::...:::.:~.::..:::~~a::;:j:.::.,.....D.::!:::::::~t.::
[g[]~~rill{ml.l~~~~g:::~~~i~~i:~!:~~~q~H~
Section 4 - 201 Non-Conforming Structures
1, Limitation on Regulation
No structure, otherwise in accordance with the prov~s~ons of
these regulations or an amendment hereto, shall be rendered or
be deemed a non-conforming structure solely for a failure to
comply with provisions relating to Section 10 Special
Regulations, of this Ordinance,
2. Continuance of Non-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
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structure shall be enlarged or extended unless the enlargement
or extension can be, and i3, made in compliance with all of
the pro.."i3ion3 herein e:Jtablished for structure:] in the
district in which the non conforming structure is located.
(The provi:]iono of Section 4 201(G) and Section 11 GO:(2) of
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
~,~g5~..P~ ~ I~JtllR~ conform with provisions herein Si1~tt#&J
Qmi_l...'~~:tii"...tfie case of partial destruction bytTie"'.'''"o.r
other'fficauses, not exceeding fifty percent (50%) of its value,
i~~~l~alj;~$%iliiMm~ftiiaa~~il_i~re~~y t~~s~~f O~C~egr::iftf i~~~
:re>~on:E~iUcti\3il":::~'~'~~~ff:z<greate:~:<.:than<<<.frfty percent (50%) and less
than total, the Board ~I~~all~~ may grant as a Special
Exception, a permit for....rep.alr!"...Dut not for enlargement or
reconstruction of the building.
4. Obsolescence of Structure
The right to operate and maintain any non-conforming structure
shall terminate and shall cease to exist when the
non-conforming struct;.};;.E~......J?.~S.9~~w., obsolete .pr sub-standaES!
under an - a licable tilie:Hetide.til\ua ordinanceS. of the Cit 0i1
.tt:.~~Jf;~.li~ and:'>>the>>>>cq:~F~'>>ol>>> placing such stry.,ctur~ I~
law~uf'~c~ipl>iance with the il applicable ordinance!l exceeds
fifty percent (50%) of the replacement cost of such structur~
as determined by a licensed appraiser, on the date that the
Bnf ore ing Of f i cer 4.s,t...f...~.!..~.~..~...,....t,~,f!..~.,w.f!..l!.fh......,'~..~~S..~.p.X.f:<..,:>~.~$.8R.~9,tS!;..f,
Eb:e"""fitroc't\ire'i's.'..'re'p.aIr cost does not exceed fifty percent
(50% )of the rem.+..?-cement cost of "ffi:ieft structure rests upon the
owner of "ffi:ieft HDj structure.
5. Determination of Replacement Cost
In determining the replacement cost of any non-conforming
structure, there :]hall be inc~uded therein the cost of land or
~;;'y,.".~.~.~.~9.~~L...9.~h~.:r:::....~.h.an the non-conforming structure itself;}.;
mH:!$Wn(!I~~:lI!M;m$*!!gg . .......
6. Repairs and Alterations
Repairs and alterations may be made to............e.w...,non-conforming
p.~~~9.~~g or structure, provided however, ~hge. no 3tructural
.@~ alterations shall be made except.......El1ose required by
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law or ordinancc, unless the building is changed to a
conforming use and pro"",;idcd 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. The Doard of
AdjustffiCnt may grant aG a Gpecial ~ccption, an application to
extcnd or cnlargc a building occupied by a non conforming usc
of the lot occupied by such. building, provided such grant doe~
not 13en"c to prevent the return of such propcrty to a
conforming use.
li~1~~*11$a1@!g~I@~?I.!ti.R_.!:D!ii!.i
.:tI. Abandonment of Non-Conforming I.~:~I~:.IE~~~ Structures
A non conforming structure, when abandoned, shall not rcsumc.
A non conforming structure is abandoncd when the Gtructurc
cca3es to be used for a period of one hundrcd eighty (100)
consccutivc calendar daYG, and it is detcrmined that an intcnt
to abandon thc non conforming structurc occurred as cvidcnc~d
by an m,ert act or a failurc to act on thc part of thc
non conforming structure's landowner or his occupant.
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Whether or Bot a non conforming Btructure hao been abandoned
is a queBtion that ahall bc determined by the Doard of
AdjuBtment. The property owner or biB repreBentati7e seeking
to maintain the existing non conforming Btructure Bhall have
the burden of proving to the Doard of A~juatment that thc
structure haB not been vacatcd or used for a period of one
hundred eighty (180) consecative calendar days, and/or that
the owner or his representative did not intend to abandon the
non confonRing Btructure during the period of cessation of use
of the non conforming structure.
Section 4 - 202 Non-Conforming Uses
1. Continuance of Non-Conforming Uses
Any non conforming use may be continued in operation on the
BatRe land area and on the safflC floor in a 3tructure or
structures which were occupied by the non conforming usc on
the cffective date of any amendment by ~hich the use became
non conforming, but such land or floor area Bhall not be
increaBed, except that Buch limitation shall not apply for
farming UBCS.
2. Registration of Non Conforminq Use
It shall be the right of thc tenants and owner3 of a non
conforming UBC to regi3tcr same by 3ecuring a Certificate of
Occupancy a3 provided in Cection 11 of tRia Ordinance.
~~. Chanqing a Non-Conforming Use
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Any non-conformi~.g useBlr;l1~m:.iIYE~ may be changed t<:.....,..~.w':"~i:.~..~
conforming ~ ~~ the regulat~ons here~n established :~4j{M;;w~$.
ii&:nEaa for th:e"'~district in which the non-conformin~:r"us:et"oj
~~IIlQ~_i was ~ffil located; pro7ided however, that a noi'l":'x,
4. Abandonment of Non Conforminq Use
A non conforming U3e, when abandoned, 3hall not re3UffiC. A
non conforming U3e is abandoned when land used for an
c3tabli3hed non conforming usc ceases to hc uscd for a period
of ninety (90) con3ccuti.v.c calendar days, and it i3 determincd
that an intent to abandon the non conforming U3e occurred, as
evidenced by an ovcrt act or a failurc to act on the part of
the non conforming U3e landowner or hi3 occupant.
Whether or not a non conforming usc haB heen abandoned is a
qucstion that shall be determined by thc Doard of Adjustment.
Thc propcrty owner or his representati7c seeking to maintain
thc existing nOR conforming use shall ha7e thc hurden of
pro~ing to the Doard of Adjustment that the use has not been
di3continuedfor a period o.f ninety "("90) consecuti-Je calendar
daY3, and/or that thc owncr or his rcpresentati -.:e did not
intend to abandon thc non conforming usc during the period of
cessation of. use of the non conforming use,
Section 4 - 203
Notification of Non-conforming Use Status
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;~~-"'..,....,..." '.. . --.".."6_lr... .s
~a~:~~~iii~~~.. ~~..:v...y'A~ ~ :~tH '.~... '\.~'\~.:., .
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Section 4 - 300 Non-Conforming Lots of Record
4 - 301 Continuance of Non-Conforming Lots of Record
Subject
to all
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.
4 - 400 Zoning of Annexed Property
1. All territory annexed hereafter to the City of La Porte shall
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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.
3 .
~~ t~h~l:~~~g a~lli~~iiin~o~i~~~~ v~~h~~~ ~~ ~;:~~;~~B.~:S.h~E.,
specifies a partl.cular land use, t e Plannl.ng ~1.tZtm:)$.9
. . " ~:::;:::;::::::::':::'~~:~~~::::::;;::;;;;::::~:':::t.::.::::::....v
Comml.SSl.on may recommend zonl.ng categorl.es to the Cl.ty
Council, after hearing, so that permanent zoning may be
considered simultaneously and in conjunction with the
annexation proceedings,
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 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.
2 .
.::~;-~~: ~.~~ :,>.,:-:~.~ ," *{\..~:-:~:'~x,,"":::- ':-'''~~:-':~'''~''rr';,~;; Wt:}: ;"':: .~:~.:-.~;.~:t~..;~:?~..~: .:}':-:-.u.....'"
.'''r,,,,,,.,lt'igL,,,,,W;''''j.'''m''''''''''''',,"'''l'''''~''''..'''''''''..;'''.."m"'<<.."'''".'''''''',~,,,,,,,,,m,,,,,,".,,,,,,,,,,,..,,,,,,,,,,+J~€L,;~:..,.",,,.,;.,,;~,,,
.
RESERVED FOR FUTURE USE
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1m - 7 1991
ASST. CITY MANAG~ '.
OFFICE DL.\
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City of La Porte
Emergency
Medical
Service
CCB
Mr. John Joems, Assistant City Manager
Ray Nolen, Paramedic Supervisor ~
Chris Osten, EMS Chief
Joe Sease, Fire Chief
08107/97
IJIY 8\A\1
. -'I?{ ~.
.t ~~/
r()~ -t V-
Rqo"'~. Rd~
~lt~
~nteroffice Memo
To:
FIIWIlIl:
~
Ib: Newly Appointed Medical Director
On August 1 lit Chris and myself selected Dr. Oscar Boultinghouse for the position of City of La
Porte EMS Medical Director (See CV attached). This decision was arrived at on the grounds that we
felt that Or. Boultinghouse would better blend with our current management practices compared to the
other physicians that applied.
In the past with our former medical director (Dr. Beny) we were in constant competition for Dr.
Beny's time with Fort Bend County EMS. Or. Boultinghouse is currenUy serving as an Associate
Professor in the Emergency Medicine Division at the University of Texas Medical Branch in Galveston.
Most of his medical direction experience has been as the director of the U.T.M.B. Lifeftight program,
which is scheduled to dissolve effective October 1, 1997. This will hopefuHy give Or. Boultinghouse
ample time to attend to our medical direction as needed.
Should you have any further questions please caD me.
o Page 1
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CURRICULUM VITAE
OSCAR W, BOULTINGHOUSE, MD January t997
PRESENT POSITION:
Emergency Fhysician
Assistant Proressor
The University of Texas Medical Branch
Division of Emergency Medicine
301 University Blvd.
Galveston. Texas 77555.1173
ilIOGRAPHICAL:
Date of BIrth: March 7, 1955
Place of Birth: San Antonio, Texas
Citizenship: United States
Address: 1210 Arbor Lane
Friendswood, Texas 77546
EDUCATION:
1982 Fellowship Department
Community Medicine Baylor
RIpley House-3 montlls
1982 Ba,'1or Associated Hospitals
Houston, Texas
Internship-flexible
1981 MD Degree
Baylor Medical School
Texas Medical Center
Houston, Texas
1976 Bachelors of Science, with Honors
Tulane University
New Orleans. Louisiana
PHI BETA KAPPA
PROFESSIONAL_AND IEACHING EXPERIENCE:
19S9-Present Emergency Physician
Clear Lake Regional Medical Center
Webster, Texas
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1!51
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OSCAR W. BOULTINGHOUSE, MD
Page 2
PROFESSIONAL AND TEA WU IENCE (cont,)
1997- Present Medical Advisor LifeFlight
Tne University of Texas Medical Branch
Galveston. Texas
1995-1997 Medical Direclor lIfeFlIght
The University of Texas Medical Branch
Galveston, Texas
1984-1996 Emel';lency Physician
Roth Emergency Associates
81. Mail's Hospital
Galveston. Texas
1983.1924 Emergency Physician
SOuthwest Emergency Associates
Fort Bend Community Hospital
Missouri City, Texas
1983-19S4 E:mergency Physician
Alvin Community Hospital
Alvin, Texas
1982-1984 Emergency Physician
Medical Networks
Gulf Coast Hospital
Bay town. Texas
1982-1984 Emergency Phys!clan
Orange Memoria! Hospital
Orange. Texas
COMMITTEE RESPON_SIBI ~
1989 Medical Staff Executive Commiltee
St. Mary's Hospital
TEACHING RESPOI S AT UTMB:
Clinical instruction in Emergency Medicine to
Residents, Interns, and Students
MEMBERSHIPS
1983-Present ACEP Member
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OSCAR W, BOULTINGHOUSE, MD
Page 3
CERTIFIC, IOIll URE
1991 Fellow American College Emergency Medicine
1S90 Board Certlfted emergency Medicine
Texas Medical License 1IG2256
Expires: 8/31/97
ADDITION
1987 Co-Founder Progressive Care Services, PC
1982-1984 International Marathon Swimming Circuit
Varsity Swimming- TUlane University
August 11, 1997
City Council Workshop
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Staff proposal based upon Council
input received on Planning & Zoning
Commission's Recommendation
for Non-Conforming Structures,
Lots and Uses
1
The Cllrrent zoning ordinance prohibits cl'Ranges to non-
conforming uses. The Planning and Zoning Commission was.
charged on Jllne 10, 1996 with developing a strategy for non-
conforming uses, while providing and maintaining neighborhood
protection.
Page
Overview
On November 11, 1996 the Planning Department forwarded the
Plallning and Zoning Commission's Recommendation on Non-
Conforming Issues to Council. The following outline summarizes e
proposell changes which address neighborhood protection and
provides for continued economic development opportunitiese
Page 2
Concerns Expressed by Council
e Exemption Period
e Residential Non-Conformities e.
e Amortization / Extended Useful Life
e Revocation / Procedure to intiate revocation
e Non-Conforming Uses
e
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Definitions
Amelioration
PvtAndAA , -if'A = C'f'hAdule a
L.J ^- L'" 11 '" U L.J I .1. '" J '" II '"
A permit to continue as a non-conformity.
or Lot that does not
to move closer to conformity.
rn A .cor cnnf'n"t"m
111'" .1.1 VII.1.Vlll
.
Improve,
to
t-i
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To make better,
To
;ty of'l T C'AS or St"t"Uf'tn"t"AS
I 1. '-'.:J'" I '" LU.1 '"
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meet the specific
on
N.on-Conforming - A .U.se, Structure,
requirements of the zoning ordinance.
Exempti
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A Use that does not meet the requirements of the
Commercial use in Residential Zone
. N.on-Conforming Use -
zoning ordinance. Example
Non-Conforming Structures - A building that does not
of the zoning ordinance. Example Proper Setbacks,
meet the requirements
.
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Lot
Non-Conforming Lots A Lot that does not meet the requirements of the
zoning ordinance. Example- Driveway widths, Dumpster locations
Spot Zoning- The intent behind a zone change; A. Zone change that benefits a
specific tract, not being in accordance with comprehensive plan..
Coverage
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Non-Conforming Structures & Lots
Section 4-301
Non-Conforming Lots
Section 4-201
Non-Conforming Structures
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Proposed Chan
may cOl1tinue & may be
provided that;
es
may be repaired, but not
when
nlay continue,
altered except
.
zed or developed
util
.
New uses or Change in occupancy may occur
subject to review by Planning Depal1ment
.
180 days, abandonment
may not be re-occupied
may not be
If unoccupied for
occurs & stmcture
.
Review for purposes of achieving maximum
compliance with Ordinance i.e., parking,
landscaping, setbacks, driveways, etc.
.
If destroyed more than 50%,
repaired or replaced
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may be
Decisions of Planning Department
appealed to Board of Adjustment
.
Proposed Changes
May be enlarged subject to Board of
Adjustment Review & Approval of a
schedule of elimination or substantial
reduction of the nO!l-conformity
.
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Two Major Functions
Board of Adjustments
Regarding Non-Conforming Uses
--
Zoning Board of Adjustment
.
Residential
Granted Exemption
by Ordinance.
Use Is
There are three specific paths for addressing Non.Confonning Uses
The Current Zonin~ Or~inance ~oes not ~ave s~eciflc ~ui~elines for
a~~resssin~ ~oals of Com~re~ensive Plan to eliminate or ameliorate Non.Conform~ies
'e
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Board of A~justment ~ears cases
Elten~ed UsefUll~e
.
The Revocation Process
.
u~on s~o~n~ of no a~verse in~act to ne~~bor~oo~
exem~t~n and im~oses con~~ions as neccessa~.
80ar~ of Mjustment
~rants
The Revocat~n Process
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Non-Conforming Uses
Identification, Registration, & Process
.
Section 4-203 Notification of Non-Conforming Use Status
Non-Conforming Uses Identified by City
Property Owners Notified
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Planning Department
registers
Non-Conforming Uses
~
Non-Conforming Uses
in Residential Districts
to be processed 1 st
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Non-Conforming Uses
n Commercial Districts
to be processed 2nd
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Non-Conforming Uses
in Industrial Districts
to be, processed after
Residential and Commercial
Page 7
Application for Exemption from Amortization
Application for Exemption from Amortization
Submitted to the Planning Department
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Owner does not respond
to notice or does not seek
Exemption from Amort~ation
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Owner seeks Exemption status
based on no impact
to surrounding property owners
holds
...
Zoning Board of Adjustment (ZBA)
public hearings to consider
Exemption from Amort~ation
.J
ZBA does not grant
Exemption
Recommends Extended Useful Ue
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ZBA places
conditions for amelioration
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ZBA finds
no material adverse impact
on community
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ZBA Sets Hearing
Extended Useful LWe
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Appeal to District Court
Section 211.011
Texas Local
Government Code
on non-conforming use
Exemption Granted
Revocat~n Process can be inttiated by
Staff or ZBA
.
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Exemption Granted
Revocation Process can be inftiated by
Staff or ZBA
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Extended Useful Life and
Termination
Zoning Board of Adjustment sets hearings
for determination of Extended Useful Life of
specific non-conforming uses
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Public Hearing on
determination of Extended Usefu Life
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Extended Useful Life Set Extended Useful Life Set
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Appeal to District Court City and Applicant Implement Plan
.11
ZBA sets
Extended Useful Life schedule
based on applicable law, owner input
rt apprasial testimony and community input
Page 9
Revocation of Non-Conforming Status
Exemption or Extended Useful life set by
Zoning Board of Adjustment
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A Pemion for the Revocation of a Non-Conforming Use Status
may result if the Property begins to adversely affect the neighborhood.
ne Revocation of a Non-Conforming Use Status may
be intiated in one of two ways.
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Planning Department
Staff may initiate revocation procedures at an~ime
The Zoning Board of Adjustment holds Public Heanngs.
There are required nndings and standards in the Board
Determination on the Revocation
of Non-Conforming Use Status
Zoning Board of Adjustment
ZBA may initiate revocation procedures at anytime
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Appeal to District Court Extended Useful Life Extended Useful Life
.. Revised I T errninated
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