HomeMy WebLinkAbout1997-11-10 Regular Meeting of City Council
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
NOVEMBER 10, 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, Councilpersons
Guy Sutherland, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, Jack Maxwell and Jerry Clarke.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager
Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell,
Director of Public Works Steve Gillett, City Secretary Martha Gillett, Planning
Director Guy Rankin, Director of Administrative Services Louis Rigby,
Purchasing Agent Susan Kelley, City Manager's Secretary Carol Buttler.
Others Present: Spero Pomonis, Lou Lawler, Ramona Gatsberry, Bill Scott,
Marlin Finn, David Angel, Glen Angel, Alan Buttler and a number of La Porte
Citizens.
2. INVOCATION - REVEREND MARLIN FINN - FIRST UNITED
METHODIST CHURCH.
Reverend Marlin Finn delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING
OCTOBER 27, 1997.
Motion was made by Councilperson Sutherland to approve the minutes of
October 27. 1997 as presented. Second by Councilperson Engelken. The
motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Mclaughlin, Porter, Gay,
Clarke, and Mayor Norman Malone.
Nays: None
Abstain - Councilperson Maxwell.
4. PRESENTATIONS:
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City Council Meeting Minutes November 10, 1997
Page 2
City Manager Robert T. Herrera presented the Employee of the Quarter for
July, August and September, 1997. The recipient was Ms. Carol Buttler, City
Manager's Secretary.
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAXPA YERS WISHING TO ADDRESS COUNCIL.
Glen Angel, President Legna Land Development, addressed the Council with
two requests. (1) Mr. Angel wants to close the right-of-way to Can iff Road
where it dead-ends into his property. The developer stated he felt he was
replacing the existing Caniff Road with like, or better streets than what are there
now. He advised Council there would be 272 homes, which will increase the
tax base up to Twenty Seven Million Dollars. (2) Mr. Angel also advised
Council that if the City determines Legna mllst buy the right-of-way, they would
like to offer their calculation, which is less than what the City staff calculated.
Bill Scott, 1802 Lomax School Road, La Porte, Texas, addressed the Council
regarding a proposed road to go in west of 1702 Lomax School Road. Mr.
Scott stated this road would supply access to some overflow parking at the
stated. He advised Council that Mr. Herrera directed Mr. Barr to meet with
adjacent homeowners to gauge their response to the proposal. He further stated
that Mr. Barr did not do that. He informed Council that Mr. Barr spoke with
Ms. Nichols who is not the homeowner but a renter. Mr. Scott advised she was
the only one who was contacted that gave positive response to the road going in.
Mr. Scott advised his wife was the homeowner of the property and she objects
to the road, as well as other homeowners. He advised the property owners feel
this road will decrease property values in that area.
6. CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA PORTE CASTING ITS SA LLOT FOR THE ELECTION OF A
PERSON TO THE BOARO OF DIRECTORS OF HARRIS COUNTY
APPRAISAL DISTRICT (Res. 97-13) - Mayor N.L. Malone
Mayor Normal L. Malone presented summary and recommendation requesting
City COllncil cast its ballot for the election of a person to the Board of Directors
of Harris County Appraisal District.
City Attorney Knox Askins read: RESOLUTION 97-13 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LA PORTE CASTING ITS
BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF
DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. THE
BALLOT IS CAST FOR BILL HARRY.
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City Council Meeting Minutes November 10. 1997
Page 3
Motion was made by Councilperson Gay for Resolution 97-13 to be approved as
read by the City Attorney. Second by Councilperson Clarke. The motion
carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None
7. CONSlDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE V ACA TING, ABANDONING AND CLOSING A PORTION
OF CANIFF ROAD (WEST "H" STREET) RIGHT-OF-WAY, LA PORTE
OUTLOTS, HARRIS COUNTY TEXAS (Ord. 97-2200) - G. Rankin
Planning Director Guy Rankin presented summary and recommendation to
Council. Mr. Rankin advised Council that on November 21, 1996, Pecan
Crossing received a preliminary plat approval for Section II. Subsequently, on
September 23, 1997, Mr. Glen Angel, Developer of Pecan Crossing, petitioned
the City to close the right-of-way of Caniff Road. Mr. Rankin advised the fair
market value of this right-of-way in question has been determined to be twenty-
seven cents per square foot. He further advised the staff is recommending the
HCAD value times a factor of 1.75 be collected for the future development of
Caniff Road. Mr. Rankin stated Mr. Angel has requested the new subdivision
be received as fair market compensation, or he requested that part of Caniff
Road not be considered in the calculations since he is not building homes on that
right-of-way. Mr. Rankin stated Mr. Angel was requesting the 70,241.25
square feet of closing be reduced to 48,326.55 square feet. Staff requested it be
closed at 70,241.25 square feet, but Mr. Rankin advised Mr. Angel he would
bring his request before City Council. Questions by City Council were
addressed by Mr. Rankin.
City Manager Robert T. Herrera advised Council if they want to make this
change from the current way the City does business, this will be something new
for the City. In addition, he advised if we do take this route, a notation will be
made that future issues relating to subdivisions will be handled in the same
manner.
City Council authorized the closing of said portion of Caniff Road, with the
closing fee calculated on that portion of Caniff Road which will not be utilized
as either streets or rights-of-ways in Pecan Crossing, Section n, for a net area of
48,326.55 square feet. This amount, multiplied by $0.2698, results in a closing
fee of $13,038.50.
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City Council Meeting Minutes November 10, 1997
Page 4
City Attorney read: ORDINANCE 97-2200 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF THE CANIFF ROAD
(WEST "H" STREET) RIGHT-OF-WAY, LA PORTE OUTLOTS, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Maxwell to approve the fee of $13.038.50
and to approve Ordinance 97-2200 an Ordinance to close. vacant and abandon
the right-of-way of Can iff Road (West "H" Street) lying between outlots 704
and 705 of the La Porte outlots. Second by Councilperson Porter. The motion
carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING
AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND
ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDITS" FOR SERVICES PERFORMED BY QUALIFYING
MEMBERS OF SUCH SYSTEM WHO ARE PRESENTLY IN THE
EMPLOYMENT OF THE CITY OF LA PORTE (Ord. I 875-E) - L. Rigby
Director of Administrative Services presented summary and recommendation to
City Council and requested Council to consider adopting ordinance authorizing
updated service credits for current employees, and increased annuities to current
ret.irees. Mr. Rigby noted the total cost to the City for both items will be
$77,466 and will be amortized over twenty tive years.
City Attorney Knox Askins read: ORDINANCE NO. 1875-E - AN
ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE
TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN
THE EMPLOYMENT OF THE CITY OF LA PORTE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
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City Council Meeting Minutes November 10, 1997
Page 5
Motion was made by Councilperson Gay to approve Ordinance I 875-E as read
by the' City Attorney. Second by Councilperson Engelken. The motion carried,
8 ayes, 0 nays. Councilperson Maxwell excused himself from considering or
voting on this item because he is a City of La Porte retiree.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Clark and Malone.
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AMEDING CHAPTER 6, ALCOHOLIC BEVERAGES,
ARTICLE II, LICENSE OR PERMIT, SECTION 6-36, OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 97-2201) - K.
Askins
Mayor Malone noted item nine will be taken to Executive Session.
10. CONSENT AGENDA - ANY ITEM MAYBE REMOVED BY A
COUNCILPERSON FOR DISCUSSION
A. CONSIDER A WARDING BID FOR THE PURCHASE OF
PLASTIC GARBAGE BAGS TO ARROW INDUSTRIES, LOW
BIDDER MEETING SPECIFICATIONS AT A COST OF $0.38
PER POUND - S. Gillett
B. CONSIDER DELARI.NG B&G CHEMICAL A SOLE SOURCE
AND AUTHORIZE PURCHASE OF 65 GALLONS OF SCOURGE
AT A COST OF $18,304.00 AND 880 GALLONS OR ORCHEX AT
A COST OF $3,520.00 FOR A TOTAL COST OF $21,824.00 - S.
Gillett.
Motion was made by Councilperson Clarke to consolidate both consent agenda
items to one motion. Second by Councilperson Gay. The motion carried, 9
ayes.. 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None
Public Works Director Steve Gillett presented summary and recommendation on
Consent Agenda items. In addition, Mr. Gillett addressed Council questions.
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City Council Meeting Minutes November 10, 1997
Page 6
Motion was made by Councilperson Clarke to approve Consent Agenda Items
A and B. Second by Councilperson Maxwell. The motion carried 9 ayes, 0
Nays.
Ayes: Councilperson Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nays: None
"II. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera requested Council to forward any nominations
they have for Appraisal Review Board Appointment to City Secretary Martha
Gillett.
12. COUNCIL ACTION
Councilpersons Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell and
Clarke brought items to Council,'s attention.
13. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LA W, 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, CONFERENCE WITH EMPLOYEES
DELIBERA TION REGARDING SECURITY DEVICES, OR
EXCLUlllNG A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. S"lE.CTION 551.075 - (CONFERENCE WITH EMPLOYEES)
MEET WITH CITY MANAGER, CITY ATTORNEY AND AIRPORT
MANAGER ON AIRPORT MATTERS
B. SECTION 551.072 - (REAL PROPERTY)
CONSULT WITH CITY MANAGER, CITY ATTORNEY AND STAFF
REGARDlNG ACQUISITION OF REAL PROPERTY - FIOI DRAINAGE
PROJECT (LOMAX)
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City Council M~ting Minutes November 10, 1997
Page 7
Council retired into executive session at 6:47 p.m. under Section 551.075
(CONFERENCE WITH EMPLOYEES), and Section 551.072 (REAL
PROPERTY), to discuss airport matters with City Manager, City Attorney and
Airport Manager. In addition Council met with City Manager, City Attorney
and staff regarding acquisition of real property, F 101 Drainage Project
(Lomax). Council returned to the table at 7:57 p.m. with no action taken.
Council brought item 9 back to the table for a vote.
14. CONSIDERA TION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION.
CONSIDER AN ORDINANCE AMENDING CHAPTER 6. ALCOHOLIC
BEVERAGES. ARTICLE II. LICENSE OR PERMIT. SECTION 6-36. OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 97-
2201) - K. Askins
Motion was made by Councilperson Clarke to approve Ordinance 97-220 I.
Second by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nays: None
15. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting
was duly adjourned at 7:59 p.l11.
Respectfully submitted,
0Y1~tkJ a. ~ AJ1iA
M~~tha A. Gillett
City Secretary
Passed and approved on this 241h day of November, 1997
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City of La Porte
Administrative Services Department
Human Resources Division
Director, Loui. Rigby
Mllnllger, Kimberly Melsmer
Secretllry, She'; Hllymlln
Interoffice Memorandum
From:
October 13, 1997
Martha Gillett. City Secretary .~ /
Kimberly Meismer. Human Resources Manag~
To:
Subject:
Council Presentation - Employee of the Quarter
Please place the following on the City Council Agenda for the meeting on
November 10,1997.
Carol Buttler, City Manager's Secretary, was chosen as Employee of the Quarter
for July, August, and September 1997. She was nominated by City Manager,
Robert T. Herrera.
On the nomination form Mr. Herrera stated, "Carol is professional, politically astute,
business minded, and unselfish. She is a model employee who instills and
promotes enthusiasm in the work place. Her professional demeanor reflects her
positive attitude in all of her job duties. She tackles complex projects in the way
that she addresses the minor responsibilities that come across our office. She is
always pleasant and represents the City in the best light. Her creativity and
innovation is refreshing. She is a team player and is recognized by other
departments for her 'can do' attitude."
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Harris County Appraisal District
Interoffice Memorandum
OFFICE OF CHIEF APPRAISER
TO: PRESIDING OFFICERS OF TAXING UNITS
SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT
FROM: JIM ROBINSON, CIllEF APPRAISER tr-- "'""3-l:"--'
SUBJECT: ELECTION OF BOARD OF DIRECTORS OF THE
HARRIS COUNTY APPRAISAL DISTRICT
DATE: OCTOBER 17, 1997
The nomination period for board candidates representing the small cities, school districts, and
conservation & recl4ulai.luu di~iric~ ciosed October is, i997. The names of aU candidates
officially nominated to me on or before that date are reflected on the enclosed "Certification of
Ballot" forms.
Candidates for contested positions are listed alphabetically on the ballot in the manner required by
the Texas Tax Code.
To assist you in the election procedure, I have enclosed a Cenification of Ballot and a suggested
form of resolution for casting your vote for the candidate representing your type of taxing unit.
Ballot forms for all three types of units are enclosed to make you aware of all nominees, even
though only taxing units of a panicular type may vote in the election applicable to that type of
unit. The governing body of each taxing unit is entitled to one vote for the candidate of its choice
from the names appearing on the appropriate Cenification. of Ballot.
Before November 15, 1997, each governing body must cast its vote for one of the nominees,
formally adopt a resolution naming the person for whom it votes, and submit a certified copy to
the chief appraiser. The vote must be by resolution. The resolution, or a certified copy thereof,
together with the completed Certification of Ballot, must be delivered to Jim Robinson, Chief
Appraiser, 2800 North Loop West, Houston, Texas 77092, or mailed to P. O. Box 920975,
Houston, Texas 77292-0975 before Wednesday, November 15, 1997. The outside of the
envelope should be marked "Ballot for Board of Directors. "
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Presiding Officers
October 17, 1997
Page 2
On November 16, 1997, the chief appraiser will count the votes, declare the results, and notify
the winners, the nominees, and the presiding officers of each taxing unit. A tie vote will be
resolved by a method of chance chosen by the chief appraiser.
These procedures do not apply to Harris County, the City of Houston, or the Houston
Independent School District. Those units will select their board member by adopting a resolution
appointing such member before November 15, 1997, and delivering an original or certified copy
to the Office of Chief Appraiser on or before December 1, 1997.
If you have questions about the board selection process, please call me at 713/957-5291.
Attachments
c: HCAD Board Members
Tax Assessors
Taxing Unit Attorneys
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RECEIVED
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NOTE
OCT 2 4 1997
CITY SECRETARY'S
The memo dated October 17, 1997, regarding the election
the Harris County Appraisal District, contains an error in the last paragraph of the
first page, second line from the bottom. The word "Wednesday" should be
"Saturday." The deadline for submitting the ballot is before November 15,
1997.
We'regret any inconvenience this may have caused.
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RESOLUTION NO. 97.-13'
A RESOLUTION OF THE CITY COUNCn.. OF THE
CITY OF La Porte, Texas
CASTING ITS BALLOT FOR THE ELECTION OF A PERSON
TO THE BOARD OF DIRECTORS OF THE
HARRIS COUNTY APPRAISAL DISTRICT
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WHEREAS, the chief appraiser of the Harris County Appraisal District, Harris
County, Texas, has delivered to the mayor of this city the names of those persons duly
nominated as candidates to serve in that position on the board of directors of the Harris County
Appraisal District, representing and to be filled by the cities other than the City of Houston
participating in said appraisal district; and
WHEREAS, this city deems it appropriate and in the public interest to cast its vote for
the candidate of its choice to fill such position; now, therefore
BE IT RESOLVED BY THE CITY COUNCn.. OF THE CITY OF La Porte, Texas
Section 1. That the facts and recitations set forth in the preamble of this resolution be,
and they are hereby, adopted, ratified, and cc..nflI'IIled.
Section 2. That the City of La Porte cast its vote, and it does
hereby cast its vote, for Bill Harry to fill the position on the
board of directors of the Harris County Appraisal District, r~presenting and to be filled by the
cities, other than the City of Houston, participating in the appraisal district.
Section 3. That the mayor be, and he or she is hereby, authorized and directed to
deliver or cause to be delivered an executed or cenified copy of this resolution to the chief
appraiser of the Harris County Appraisal District before November 15, 1997.
PASSED AND APPROVED this ,off..- day of '-1lCU~IJ/11 iu~J
,1997.
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ATTEST:
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City Secretary, Martha A. Gillet
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Knox Askins, City Attorney
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(For Use by Cities Other 7'Ium the City 01 Bouon)
CERTIFICATION OF BAllOT
FOR BOARD OF DIRECTORS
HARRIS COUNTY APPRAISAL DISTRICT
I, M"'11l"\1'" ?}n.,.",,,,n T. M",l nn,:> , certify that on the 10th day of
November. 1997, the City Council of the City of La Porte did
by resolution cast its ballot for the following nominee to serve as a member of the Board of
Directors of the Harris County Appraisal District:
(place an "X" in the square next to the candidate of your choice.)
Bill Harry lKl
I further certify that a true and correct copy of the resolution casting such ballot is attached
hereto.
WITNESS MY HAND this lOth day of November , 1997.
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.. ~~rman L. Malone
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City Secretary, Martha A. Gillett
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 10.1997
Requested By: Guy Rankin Q,1A Department: Planning
Report Resolution X Ordinance
Exhibits:
1.
2.
Ordinance
Area Maps (Exhibits "A" & "B")
. , "SUMMARY 'S:'RECo'MMENDATION
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On November 21, 1996 Pecan Crossing received preliminary plat approval for Section
Two of Pecan Crossing with one condition; "Formal submittal of a complete street and
alley closing application to close the 80 foot right-of-way, Caniff Rd. ("H" Street) and
subsequent payment of fair market value for the right-of-way would be required prior to
final plat approval. "
Subsequently, on September 23,1997, Mr. Glenn Angel, developer of the Pecan
Crossing Subdivision petitioned the City to close the right-of-way of Caniff Road (West
"H" Street) lying and situated between Outlots 704, 705, 714 & 715 of the La Porte
Outlots for development of Section Two of the Pecan Crossing Subdivision. The
Planning and Public Works Departments have reviewed this request and have
detennined that the City has no immediate or future plans to utilize the right-of-way in
question. Staff has solicited comments and received letters of no objection from its
franchised utility companies.
In accordance with Article II, Section 62-358 of the Code of Ordinances, the fair
market value of the right-of-way in question has been detennined to be $0.27 per
square foot. This process utilizes the average HCAD appraised value of adjacent,
comparable properties and multiplies by a factor of 1.75. The right-of-way to be closed
contains 70,241.15 square feet resulting in a total payment of $18,954.53 to be
received by the City. State Law & Local Ordinance requires cities to obtain fair market
value for public rights-of-way.
Nonnally a street and alley closing application takes a minimum of 90 days to process
and could take up to 180 days, usually because of the time it takes to obtain franchise
utility letters. Mr. Angel assisted the City in obtaining the franchise letters to expedite
his application for the closing. We have received "no objection" letters from the
franchise utility companies serving the subdivision.
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It has been City policy to receive compensation in one of several ways, money, off-site
improvements, or exchange of land. Traditionally we have not allowed a
developer/subdivider of land using public rights-of-ways to use the new subdivision as
fair market compensation.
Although, 272 new homes will increase the tax base of the community, it does not
address either the fair market compensation for the public r-o-w or the off-site impact
of the development. Please note the developer is creating off site demand on
additional services, i.e. road improvements. It would be prudent for the developer to
share in those cost through these closing fees, development agreement or
impact/capital recovery fees (which we currently do not have in place).
Staff recommends using the HCAD x 1.75 fee collected for the future development of
Caniff Road. This would directly improve the overall development of the subdivision
and have a positive impact on the overall public safety and welfare of this subdivision.
Recommendation
Staff recommends vacating, closing, and abandoning of the Caniff Road (West "H"
Street) right-of-way to facilitate future development of Section 2, of the Pecan Crossing
Subdivision.
ActIon Required by Council:
Consider approval of an ordinance to close, vacate, and abandon the right-of-way of
Caniff Road (West "H" Street) lying and situated between Outlots 704 & 705 of the La
Porte Outlots.
Availability of Funds:" ". ,.or. ,. -..
General Fund
Capital Improvement
Account Number:
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Water /Wastewater
General Revenue Sharing
Funds Available: YES NO
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Approved for City Council Agenda
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Robert T. Herrera
City Manager
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DATE
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ORDINANCE NO. 97-2200
AN ORDINANCE VACATING, ABANDONING AND CLOSING A
PORTION OF THE CANIFF ROAD (WEST "H" STREET) RIGHT-OF-
WAY, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described right-of-way of Caniff Road (West "H" Street),
La Porte Outlots, Harris County, Texas; to vacate, abandon, and
permanently close that portion of Caniff Road (West "H" Street), La
Porte Outlots, Harris County, Texas; a,nd
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of, Caniff Road {West "H" Street),La
Porte Outlots, Harris County, Texas, is not suitable, needed, or
beneficial to the public as a public road, street and alley, and the
closing of the hereinafter described portion of Caniff Road (West "H"
Street), La Porte Outlots, Harris County, Texas, is for the protection
of the public and for the public interest and benefit, and that the
hereinafter described portion of Caniff Road (West "H" . Street), La
Porte Outlots, Harris County, Texas, should be vacated, abandoned,
and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE:
Section 1. Under and by virtue of the power granted to the City
of La Porte under its home rule charter and Chapter 253, Section
253.001, Texas Local Government Code, the hereinafter described
portion of Caniff Road (West "H" Street), La Porte Outlots, Harris
County, Texas, is hereby permanently vacated, abandoned and
closed by the City of La Porte, to-wit:
Ordinance No. 97- 22_
CC~y
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That portion of the right-of-way of Caniff Road (West "H" Street),
in the La Porte Outlots, Harris County, Texas, lying and being
situated between Outlots 704, 705, 714, and 715 of the La Porte
Outlots, Harris County, Texas, and containing 70,241.25 square
feet, as shown on Exhibit "A" and Exhibit "B" attached hereto
and made a part hereof for all purposes.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of. the date, hour, place
and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open
Meetings Law, C.hapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. This ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, THIS 10th DAY OF NOVEMBER,-'1997.
CITY OF LA PORTE
By: Jly~~
(~ari L. Malone'; Mayor
ATTEST:
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Ma ~9-.Gillett, City Secreta~/
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AP O\1ED: . ...... r
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Knox W. Askins, City Attorney
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EXHIBIT "A"
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SCALE: 1" = 100'
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H.C.F.C.D. UNIT
8109-00-00
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FAlRMONT PARKWAY
PROPOSED CLOSING '~
(70,241.15 SQ FT.)
N.T.S
697
698
717
SAC-97 -10
e
City of La Porte
Interoffice Memorandum
oo~v
To: Robert T. Herrera, City Manager
From: ~litchfield, Director of Finance/ACM
Date: D November 4, 1997
Subject: Street Closing Value for Can iff Road
Street Closing application SAC 97-10 is to close a portion of Caniff Road.
Using the HCAD method of calculating the closing fee, the average cost per square
foot is 26.98 cents. . On first ~Iush, this amount is lower than what we normally see.
However, when looking at the location, I can understand the logic behind the value.
The property is located in an undeveloped area 1,700 feet from Underwood Road and
900 feet from Fairmont Parkway. With this information in mind, I do not have a problem
agreeing to close the property for 26.98 cents per square foot, which is equivalent to
$11,750 per acre.
Using this figure, the total amount due the City for closing 70,241 feet of Caniff Road is
$18,954.53.
. e
REtEST FOR CITY COUNCIL AGEND8EM
Agenda Date Requested: November 10. 1997
Requested By:
Louis Riabv
Department: Administrative Services
Report
Resolution
x
Ordinance
Exhibits:
Updated Service Credits Ordinance
SUMMARY & RECOMMENDATION
The Texas Municipal Retirement System allows cities to adopt an ordinance allowing
updated service credits and increased annuities to current retirees. Council has asked that
we review this provision on an annual basis.
Updated Service Credits allow a current employee's estimated retirement to be calculated
from the last three years' wages. Current retirees may have their monthly annuity
increased up to 70% of the CPI-U. Cost to the City for both is $77,466, amortized over 25
years.
Action Required by Council:
Adopt ordinance authorizing updated service credits and increased annuities to current
retirees.
Availability of Funds:
General Fund
_ Capital Improvement
Other
WaterlWastewater
_ General Revenue Sharing
Account Number:
Funds Available:
Yes
No
ADDroved for City Council Aaenda
~T~
Robert 1. Herrera
City Manager
u. ~. q,..,
Date
. ORDINANCE NO. 1875 - E '<<J) lPV
AN ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED, BY QUAUFYlNG MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; FINDING COMPUANCE 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. Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Sedions 853.401 through 853.403 of Subtitle G
of Title 8, V.T.C.A, Government Code, as amended (hereinafter referred to as the "TMRS Ad"),
each member of the Texas Municipal Retirement System (hereinafter referred to as the "System")
who has current service credit or prior service credit in the System in force and effect on the 1 st
day of January of the calendar year preceding such allowance, by reason of service in the
employment of the City, and on such date has at least 36 months of credited service with the
System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in
subsection (d) of Sedion 853.402 of said title) in an amount that is 100% of the "base Updated
Service Credit" of the member (calculated as provided in subsedion (c) of Sedion 853.402 of said
title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior
service credit, special prior service credit, or antecedent service credit previously authorized for
part of the same service.
(b) On th,e terms and conditions set out in Sedion 853.601 of said title, any member of the
System who is eligible for Updated Service Credits on the basis of service with this City, and who
has unforfeited credit for prior service ancllor current service with another participatfng municipality
or municipalities by reason of previous service, and was a contributing member on the 1 st day of
January of the calendar year preceding such allowance, shall be credited with Updated Service
Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said
853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the
deposits required to be made to the System by employees of the several participating departments
on account of current service shall be calculated from after the date aforesaid on the full amount of
such person's earnings as an employee of the City.
Section 2. Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, v.T.e.A.,
Government Code, as amended, the City hereby elects to allow and to provide for payment of the
increases below stated in monthly benefits payable by the System to retired employees and to
beneficiaries of deceased employees of this City under current service annuities and prior service
annuities arising from service by such employees to this City. An annuity increased under this
Sedio~ replaces any annuity or increased annuity previously granted to the same person.
(b) The amount of annuity increase under this Section is computed as the sum of the prior
and current service annuities on the effective date of retirement of the person on whose service
the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for
All Urban Consumers, from December of the year immediately preceding the effective date of the
person's retirement to the December that is 13 months before the effedive date of this ordinance.
ORDINANCE NO.
PAGE 2
1875-'
CC~~y
(c) An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an increase in the amount of an annuity,
the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the System.
Section 3. The City Council finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that.
this meeting has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. Subject to approval by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and increases in retirement annuities granted hereby shall be
and become effective on the 1st day of January, 1998.
PASSED AND APPROVED, this the 10th day of November, 1997.
CITY OF LA PORTE
B~n.,,:;;0/~
Norman L. Malone, Mayor
ATTEST:
//
I .
. .
/ I
APPROVED~. /
Cl . . ~
~n' ~7-
Knox W. Askins
City Attorney
e e
REOUES~OR CITY COUNCIL AGENnA ITEtt
. I", , Ill, I 1
Agenda Date Requested: November 10., 1997
Requested By: Knox Askins Department: City Attorney
_Report ____ Resolution
X Ordimmce
Exhibits: Ordinance
, I I' II ' I ,
SUMMARY & RECOMM-ENDA TION
The Council, when considering the permitting or licensing of a beer and wine permit or license, requires the owner to be
current with their taxes to both the City and school district. Staff recommends that the applicant of any alcoholic
beverage permit or license be treated the same as one who seeks a bccr and wine permit or liccnse, cspecially in
maintaining their fiscal accounts current with the City of La Porte.
Action Required by Council:
Approve the attached Ordinance, which would require the City Secretary's Oftice to deny the certification of an
application for any alcoholic beverage pennit or license if past due property taxes are owed.
I. 'I . I: I. I I I : f
Availability of Funds:
General Fund WaterM'astewater
_ C~lpitall.mprovement_ Geneml Revenue Sharing
Other
Account Number:
Funds AV~lihlhle:
YES NO
Armroved for City Council A2end~1
~ ~ T, ~ ll-(,-\'1
Robert T. Herrera
City Manager
D~lte
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(C(Q)~V
ORDlHAHCE NO. 97-2201
AN ORDINANCE DENDING CHAPTER 6, ALCOHOLIC BEVERAGES, ARTICLE II, ,
LICENSE OR PERMIT, SECTION 6-36, OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPDI MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
Chapter 6, Alcoholic' Beverages, Article II,
License or permit, Section 6-36, of the Code of Ordinances of the
City of La Porte, is hereby amended, and shall hereafter read as
follows, to-wit:
"Sec. 6-36. Required.
It shall be unlawful for any person to manufacture,
brew, distill, sell or distribute any alcoholic beverage
within the city, or to engage in any other activity for
which a license or permit is required by the state
Alcoholic Beverage Control Act, without first paying the
fee levied in section 6-37 to the city. No license or
permit shall be issued or renewed by the city Secretary
unless all City of La Porte and La Porte Independent
School District ad valorem taxes have been paid by the
applicant and by the owner of the real property covered
by the application, and the applicant and the property
owner are current on their real and personal property
taxes located or to be operated within the City of La
Porte."
section 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
e
t(Q)(Flf
. ORD:INANCE NO. 97- 2201
PAGE 2
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which.this ordinance and the subject,
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance, shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of November, 1997.
By:
CITY OF LA PORTE
/7:71/74,' ~4",L~
Norman L. Malone '
Mayor
ATTEST:
~tl/Ltlfl(lj o. ):Ull{tt
Martha A. Gillett
City Secretary
!
~-. ~
APPROVED: ,/
ih~'-oJ~~
knox W. Askins \
City Attorney
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[::::::::::.::::~:-:.:-:.;R~-;_~;~;-;U:;:S;;.T~-:-;~;.o;:====-I
__......................,.._.....~~...!:l~.~""~......... LW_"""""""'_"""'*'''"'....''"'''"'..........,.................".~,_/~
Agenda Date Requested: November 10, 1997
Requested By:S. Gillet~ Department: Public Works
XXXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bid #0722 - Plastic Garbage Bags
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0722 for plastic garbage bags were
opened and read on November 3, 1997. Bid requests were mailed
to eight (8) vendors with two (2) returning bids.
Low bid meeting specifications was submitted by Arrow
Industries at a cost of $0.38 per pound. The total price of
160,000 pounds of bags would be sixty thousand, eight hundred
dollars ($60,800.00). This price is the same as the last
purchase of garbage bags.
HGAC currently has a contract with Beemis Company for a
price of $0.399 per pound. Including the administrative fee,
the final cost through HGAC would be $65,765.20.
Staff recommends award of bid for the purchase of Plastic
Garbage Bags for the first Bag Handout of 1998 to Arrow
Industries, low bidder meeting specifications. Funds for this
purchase are budgeted in the Solid Waste Division's 1997/98
Operating Budget.
Action Required by Council: Award bid for the purchase of
Plastic Garbage Bags to Arrow Industries, low bidder meeting
specifications at a cost of $0.38 per pound.
Availability of Funds:
Water/Wastewater
General Revenue Sharing
xxx
General Fund
Capital Improvement
Other
Account Number:001-7072-532-2015Funds Available:XX YES___ NO
~~iA;.~.~--
~~T~ --1L"C,..V1
I Robert T. Herrera Date
l~r;~~~~____....____
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
NOVEMBER 3, 1997
TO:
FROM:
STEVE GILLETT, PUBLIC WORKS DIRECTOR
SUSAN KELLEY, PURCHASING AGENT.;I~
SEALED BID #0722 - PLASTIC GARBAGE BAGS
SUBJ:
Advertised, sealed bids #0722 - plastic garbage bags were opened and read on
November 3, 1997. Bid requests were mailed to eight (8) vendors with two (2) returning
bids.
Arrow Industries submitted low bid meeting specifications. The total price for 160,000
pounds of bags at $.38/lb is $60,800.
This is the same price as the last garbage bag purchase in May 1997.
HGAC currently has a contract with Bemis Company for a price of $.399 per pound.
Including an administrative fee of $1,915.20, the final cost through HGAC would be
$65,755.20.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
. ....
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BID TABULATION - GARBAGE BAGS
..\
1IIIIIIIIIIIIIIIIIIIjlllllllllllllllllllllllllllllllll !IIIIII! !1111111111~1I!!iiI!ijtl~~~2~~ ..,.. ',.,".. OW,lU .. WR"
111111111111!lllIi1iii:!II[~li!ti~i!I~~!
:::......:.......::......:.:..::...::..::.::::..::= ..,.",:,.",JrUU4S]RU:;,$"
GA RBA G E SA G S I 1 6 0 0 0 0 I SO 3 8 0 $ 0 439
iJtiI~J}tIjJl){IitIt~fJffiQT#W ~~~m~tm~~tf~tJ1~~ftf~I1; ., ".."".'....'..$60. 'RmfOO!'" II!iiJ{i:$.Z.qa4.p'~qqt:
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BIDDER'S LIST
SEALED BID #0722 - PLASTIC GARBAGE BAGS
ARROW INDUSTRIES
PO BOX 810489
DALLAS TX 75381
B'EMIS COMPANY
PO BOX 5724
TERRE HAUT~ IN ~7808-0905
DYNA-PAK CORPORATION
112 HELTON DRIVE
LAWRENCEBURG TN 38464
FOUR SEASONS AG PRODUCTS
DIV/A TLANTIS PLASTICS
RR 15 BOX 344
BRAZIL .IN 47e34 '
HUCKSTER PACKAGING & SUPPL Y.CO.
PO BOX 262327
HOUSTON TX 77207-2327
- .
JONES PACKAGING, INC.
505 EAST TRAVIS SUITE 205
MARSHALL TX 75670 -
. ,
BOREN SAFETY INC
8941 KNI}3HT RD
HOUSTON TX 77054
RESOURCEFUL BAG & TAG
'PO BOX 220. .
,PALOS HEIGHTS IL 60463
C~AMBER OF COMMERCE
. PO BOX 996 .
. LA PORTE TX 77572-0996
BAYSHORE SUN - PUBLISH DATES:
OCTOBER 19,199.7
OCTOBER 26. 1997 '
- --.
- .
...:P,
~
REQ~T FOR CITY COUNCIL AGENDA~TEM
Agenda Date Requested: November 10,1997
Requested By: Steve Gill';-t~epartment: Public Works
XXX Report Resolution Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
Scourge Mosquito Control Agent is used by the city in mosquito control.
This material is more efficient and is environmentally safe compared to
malathion. Most mosquito control agencies have switched to this material
due to the inherent problems of malathion.
B & G Chemical is the sole authorized distributor of Scourge for this
area. The cost of Scourge at this time is $281.60 per gallon. A total of
65 gallons is needed for the next mosquito-spraying season. This would be
a cost of $18,304.00. A total of 880 gallons of Orchex Oil, the
distributing agent, is needed at a cost of $4.00 per gallon for a cost of
$3,520.00. The total cost of the contract would be $21,824.00. This
represents a 7% increase over last year's bid price.
Staff recommends declaring Scourge a sole source item from B & G Chemical.
It is recommended that the Council authorize the purchase of 65 gallons of
Scourge Mosquito Control Agent at $281.60 per gallon for a cost of
$18,304.00 and 880 gallons of Orchex, the distributing agent, at a cost of
$4.00 per gallon for a cost of $3,520.00. The total cost of the contract
would be $21,824.00. Funds for this purchase are available in the Street
Division Operating Budget.
Action Required by Council: Declare Scourge Mosquito Control Agent a sole
source item and authorize the purchase of 65 gallons of Scourge at a cost
of $18,304.00 and 880 gallons of Orchex at a cost of $3,520.00, for a total
cost of $21,824.00.
Availability of Funds:
xxx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-7071-531-2007
Funds Available:
XX YES
NO
Approved for City Council Agenda
nA""\\ ........._ _
~--
Robert T. Herrera
City Manager
J"L-o/1
DATE
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B&G CO. HOUSTON TX
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439 PI1I1 OCT 3111 '97 11: 48
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CHEMICALS" EQUIPMENT CO., INC.
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1225 North Post Oak Road
: .Ho~ton, Texas 7l05S
(713) 682-441'1 or (800) 345-9387
, Fax (113) 682-4374
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Date: f (-'/0 - 9-:?
Name:. ~
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Address:
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City, State, Zip:
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Subject on which I wish to speak:
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Date:
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Name:
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Address:
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City, State, Zip: ~ /
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Subject on which I wish to speak:
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CITY OF LA PORTE
- UI ......r_..
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~ 0 December 13, 1994 ....0 c- J . I
<v Ylv~"k.,C:;~. ~
TO: ~ Robert T. Herrera, City Manager . / J.. ~ I........-q'j
FROM:.. Stephen L. Barr, Parks and Recreation Director V / c::::r
SUBJECT:
Rodeo Association Parking Proposal
As you are aware, the La Porte Livestock Show and Rodeo Association has proposed to use the vacant lot
in the 1600 block of Lomax School Road (belonging to the City of La Porte) to provide an access road for
overflow parking into the east portion of Northwest Park. You suggested that I meet with the adjacent
homeowners to gauge their response to the proposal. I met with Ms. Marilyn Nichols, who lives at 1702
Lomax School Road which is the adjacent property on the south side of the subject prope~, and explained
the proposed project to her. Ms. Nichols indicated that she did not have a problem with the proposal as
outlmed.
I then met with Mr James Adams, who lives at 1606 Lomax School Road which is the adjacent property
on the north side of the subject property. Mr. Adams expressed some concern regarding the project as
follows:
he is concerned about traffic passing through the area when the proposed parking lot is not
being used for any event; and people gathering behind his house to drink and "raise hell".
he is concerned about the excessive speed of traffic in the area and is afraid that there will
be a serious accident if pedestrian traffic is allowed to cross Lomax School Road late at night.
he is concerned that people will park in the access lane area because it is closer to the arena,
rather than walking from the back parking lot.
he is concerned that there will be an increase in the existing litter problem that he is currently
experiencing due to the wind blowing litter from the park mto the ditch in front of his house.
I proposed the following steps to Mr. Adams that would allow us to continue with the project and address
hIS concerns at the same time:
that a 'gate be placed at the entrance to the access lane on Lomax School Road and that the
gate be kept locked, except when an event is scheduled.
that dual solid white lines be painted across Lomax School Road (similar to school crossings)
and that Pedestrian Crossing signs be posted in each direction. As an immediate response
to this concern, that the Police Department be notified of the traffic control problem at this
location so they can take appropriate measures.
that no parking signs be placed along the access road to deter parking in the area. Most
events where overflow parking will be required will have security officers present. We will
stipulate that traffic and crowd control will be a part of the officer's duties as security for
special events at the arena, including this area.
that the Rodeo Association and the caretaker that we provide for special events take measures
to assure that the area is policed for litter during and after events.
Mr. Adams a~reed that tIiese measures, if taken, would increase his "comfort level" with the proposal and
should make It a workable one. I believe Mr. Adams has made some valid observations and that the steps
outlined above will make the proposal a better as well as safer one for the participants, if the proposal is
approved. Please advise as to how you wish me to proceed. .
a.
b.
c.
d.
a.
b'.
c.
d.
/SB
xc: Melton Wolters