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Home My WebLink About1997-08-11 Regular Meeting of City Council . . 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 . . 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 e e 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, . . 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 . . 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, . 111 t1ffJt~ (j, .;{d/al Martha A. Gillett, City Secretary P sed and Approved on this the 2501 clay of August, 1997 Ofman~~~ - .. . 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 . . 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. . Page 1 FROK. BeL FAX HO.' '4898353814 B7-22-97 18'89 P.82 . . . 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 . e 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 - - 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. . 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 ,e 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 -- . e 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 e e . 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 e e 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. e e 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 . e 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 . - 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$a1@!g~I@~?I.!ti.R_.!:D!ii!.i .:tI. Abandonment of Non-Conforming I.~:~I~:.IE~~~ Structures A non conforming structure, when abandoned, shall not rcsumc. A non conforming structure is abandoncd when the Gtructurc cca3es to be used for a period of one hundrcd eighty (100) consccutivc calendar daYG, and it is detcrmined that an intcnt to abandon thc non conforming structurc occurred as cvidcnc~d by an m,ert act or a failurc to act on thc part of thc non conforming structure's landowner or his occupant. '. e Whether or Bot a non conforming Btructure hao been abandoned is a queBtion that ahall bc determined by the Doard of AdjuBtment. The property owner or biB repreBentati7e seeking to maintain the existing non conforming Btructure Bhall have the burden of proving to the Doard of A~juatment that thc structure haB not been vacatcd or used for a period of one hundred eighty (180) consecative calendar days, and/or that the owner or his representative did not intend to abandon the non confonRing Btructure during the period of cessation of use of the non conforming structure. Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Any non conforming use may be continued in operation on the BatRe land area and on the safflC floor in a 3tructure or structures which were occupied by the non conforming usc on the cffective date of any amendment by ~hich the use became non conforming, but such land or floor area Bhall not be increaBed, except that Buch limitation shall not apply for farming UBCS. 2. Registration of Non Conforminq Use It shall be the right of thc tenants and owner3 of a non conforming UBC to regi3tcr same by 3ecuring a Certificate of Occupancy a3 provided in Cection 11 of tRia Ordinance. ~~. Chanqing a Non-Conforming Use . - Any non-conformi~.g useBlr;l1~m:.iIYE~ may be changed t<:.....,..~.w':"~i:.~..~ conforming ~ ~~ the regulat~ons here~n established :~4j{M;;w~$. 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 . e . . )""'''''':''')'''';l~''~'.'''",.',\'''''',\''''''''''''''''...'\'......',"'..,,.,... ;~~-"'..,....,..." '.. . --.".."6_lr... .s ~a~:~~~iii~~~.. ~~..:v...y'A~ ~ :~tH '.~... '\.~'\~.:., . e e e e . e .z. ~J~.ll;[qf}JI1i1Ji.Biit.qat!~tIEig~l.lit1 ~~&*EI~'J!< . e g~~:::g~€~!m9.i!;:: :ml~~!t1::;:;t;::_il 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 . e 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 e . e ~ . rnm@uwmm 1m - 7 1991 ASST. CITY MANAG~ '. OFFICE DL.\ I 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 ~; Cl OC ...... Cl ~ ...... fD ~ Cl OC I-' Cl) cD IS Cl Cl N _I -- 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 " o Oll ...... o .... ...... CQ .... o Oll .... .... ~ 1!51 o o c" el - 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 c 00 ...... c -..j ...... cc -..j c 00 I-' cc ~ ~ c c ... 01, . - e 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 e e 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 Page 3 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 LI To make better, To ;ty of'l T C'AS or St"t"Uf'tn"t"AS I 1. '-'.:J'" I '" LU.1 '" - meet the specific on N.on-Conforming - A .U.se, Structure, requirements of the zoning ordinance. Exempti . . (j . 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 . - 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 . . Page 4 Non-Conforming Structures & Lots Section 4-301 Non-Conforming Lots Section 4-201 Non-Conforming Structures - 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 . e 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 . Page 5 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 . 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 L ... - - - Page 6 Non-Conforming Uses Identification, Registration, & Process . Section 4-203 Notification of Non-Conforming Use Status Non-Conforming Uses Identified by City Property Owners Notified e' ~ Planning Department registers Non-Conforming Uses ~ Non-Conforming Uses in Residential Districts to be processed 1 st - ~ Non-Conforming Uses n Commercial Districts to be processed 2nd ~ 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 - Owner does not respond to notice or does not seek Exemption from Amort~ation .J ~ 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 ~ ZBA places conditions for amelioration ~ ZBA finds no material adverse impact on community e .. ZBA Sets Hearing Extended Useful LWe "- 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 . .J Exemption Granted Revocation Process can be inftiated by Staff or ZBA e'. Page 8 Extended Useful Life and Termination Zoning Board of Adjustment sets hearings for determination of Extended Useful Life of specific non-conforming uses . - . - Public Hearing on determination of Extended Usefu Life - . 'e I I . .. Extended Useful Life Set Extended Useful Life Set --- --- 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 ~ e\ 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. " - 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 '" Appeal to District Court Extended Useful Life Extended Useful Life .. Revised I T errninated , .J .J