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HomeMy WebLinkAbout2000-07-10 Regular Meeting! ~ • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 10, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howazd Ebow, Alton Porter, Deotis Gay, Chazlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: Griffiths Members of .City Executive Staff and Citv Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike Dolby, Director of Pazks and Recreation Stephen Barr, Director of Administrative Services Louis Rigby, Police Chief Richazd Reff, Planning Director Doug Kneupper, Administrative Assistant Carol Battler. Others Present: Spero Pomonis, Sib Carpenter, Mr. and Mrs. Nick Barrera, Howard Bright, Ron and Rhonda Barrage, Betty Cerrone and a number of citizens. 2. Reverend Oliver Stillwell -Assembly of God Church delivered the Invocation. 3. Council considered approving the minutes of the Regulaz Meeting and Special Called Workshop Meeting on June 26, 2000. Motion was made by Councilperson Clazke to approve the minutes of the Regular Meeting and Special Called Workshop Meeting of June 26, 2000 as presented. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Porter, Gay, Young, Clarke, and Malone. Nays: None Abstain: Ebow 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. The following citizens addressed City Council. Hazold C. Bright, >'eazland Texas - Mr. Bright addressed Council regazding concerns about journeyman license issued by the City of La Porte's Building Division. Ron and Rhonda Barrage - 1409 Bayou Glen Dr., La Porte, Texas - Mr. and Mrs. Barrage addressed council about concerns with the City of La Porte's Building Division. They advised council they were given verbal approval to proceed forward with a building on their property. They were later informed by an inspector that they could not continue because of set back restrictions. They further informed Council they were seeking a variance on the set back requirements for their property. • • 7/10/00 City Council Minutes -Page 2 Betty Cerrone - 9414 Cazlow, La Porte, Texas 77571- Ms. Cerrone informed City Council of a recent sewer problem at her home. She requested Council to inform her what sewer services were included in the sewer fees she paid. Mr. Herrera informed Council that Ms. Cerrone had filed a claim with the City's insurance carrier Texas Municipal League and the claim had been denied. Nick Barrera - 9510 Cazlow, La Porte, Texas 77571- Mr. Barrera informed Council he had the same concerns about sewer service as Ms. Cerrone. He requested a schedule of sewer maintenance so he would be able to view the work being done. 5. PRESENTATIONS A. La Porte Soccer Club/Moorhouse Construction Company Inc. Duector of Pazks & Recreation Stephen Barr presented plaques to James Crowley, Vice President Moorhouse Construction Company, Neal Kinard, President La Porte Soccer Club and Randy Sayers, Past President, La Porte Soccer Club. In addition the City presented the La Porte Soccer Club with a $15,000 check to pay for the City's share of the construction costs. B. Retirement -Robert Alan Svoboda -Police Chief Richard Reff recognized the retirement of Robert Alan Svoboda and presented him with a watch. 6. Council considered approving an ordinance authorizing a contract between the City of La Porte and La Porte Independent School District ,for the City of La Porte to provide the tax collecting operation of the La Porte Independent School District Director of Finance Cynthia Alexander presented summary and recommendation. City Attorney read: ORDINANCE 2000-2417 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 7. Council considered approving an ordinance amending Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte, by adding an area at a restaurant where wine and/or beer for consumption on the premises maybe sold, Texas Grill. • • City Council Minutes 7-10-00- Page 3 City Secretary Martha Gillett presented summary and recommendation to approve an alcohol permit for Texas Grill and answered Council's questions. City Attorney read: ORDINANCE 1000-1-H - AN ORDINANCE OF THE CITY OF LA PORTS, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Ebow to approve the Ordinance 1000-1-H as presented by Ms. Gillett. Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone.. Nays: None Abstain: None 8. Council considered approving an ordinance appointing members of the Board of Directors of City of La Porte Reinvestment Zone Number One. City Attorney Knox Askins presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2000-2418 - AN ORDINANCE APPOINTING MEMBERS OF THE BOARD OF DIRECTORS OF CITY OF LA PORTS REINVESTMENT ZONE NUMBER ONE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Clarke to approve the Ordinance 2000-2418 as presented by Mr. Askins and leave Position 5 vacant until recommendations could be made by City Council members and approved at a future meeting. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 9. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. CITY AUCTION WITH THE CITY OF LA PORTS AND THE CITY OF DEER PARK -JULY 22, 2000 In addition, Mr. Herrera informed City Council the budget workshop meetings will be held August 14 through 18, 2000. He informed Council if they wanted to attend their Mayor and Council Association Meeting on Thursday, August 17, 2000 that they would cancel budget sessions that evening and continue on Friday, August 18,2000. Lastly, he • • City Council Minutes 7-10-00 -Page 4 advised City Council there would be a regular Council Meeting on Monday, August 14, 2000 before the workshop budget session begins. 10. COUNCIL ACTION Councilperson Porter, Ebow, Sutherland, Engelken, Gay, Clarke and Mayor brought items to Council's attention. Mr. Engelken arrived at 6:45 p.m. 11. EXECUTIVE SESSION -PURSUANT TO PROVISION OF TAE 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, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.072 (CONSULTATION WITH ATTORNEY) Meet with City Attorney and City Manager to discuss land acquisition. B. 551.074 (PERSONNEL MATTER) Meet with City Manager to discuss upcoming evaluation process for City Manager. Council retired into Executive Session at 6:49 P.M. under Section 551.071 (Consultation with Attorney) and Section 551.074 (Personnel Matter). Council adjourned Executive Session at 7:56 P.M. Council returned to the table at 7:58 P.M., with no action taken. 12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 13. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:00 P.M. Respectfully submitted, ~G~~fii~.~~2'~~/ Martha Gillett City Secretary City Council Minutes 7-10-00 -Page 5 Passed and approved on this 24th day of July 2000. i~~~~ ~~- rman Malone, Mayor • • • A • • ~~ 1 L~ :1l Z,1 _~ L , ~r ~ i~ . ~~ ~' ;1; ~+ , ~ .~ ~ '' ~~ ~'~ 1 f ~.. .`~ t` ~ ~-~ ~~ 1 s L. .ter ~~ ,~ ~ ~ ~ 1,1 ., ~~ •~ :~ ~ i1 01.1 +"'1 ~~ ~ ~ ~ 0 0 0 +r O .N O O m °~ ~ s L Q~ C O N ~ ~_ ~ t N ~ U "d 'D ~ .O .~ ~ a .a ~ o ~ 3 U ~ 3 ~° a~ ~ ~ 'o o- U s ~ L 1 ~ ~ }p 0 ~ V ~ ~ i~ ~ U ~ _~ ` N U ~ o L '' ^^ V! ~ ~ ~ ~ a y cv a N 3 J 'C N N O ~ Z o. ~ ~ t 'p ~ _ o o°. .~ ~ 0 J 'v ~ `~ ~ E~ o ,~ ~ ~ o 0 U o ~ ~ ~ 'o I- ~ o- Q V 3 O z c~ s .o a~°i rn co .a C 'O d a N C ~. 0 c c U '~ C U L V/ L rr U a~ c N a~i c N N rn N a L 7 O c~ 3 N 'o a a~ r H C •~ ~ U a ~ L J C 8 '`'' o ~ o s U c~ o 0. 0 O ,~ C_ D ~ a0 ~ a ~ ~ N ..-. U ~ .o ~, o O v~ a U >, o o ~ ~ n. J O +r t+ g o 0 'rn ~3 ~ 3 ~ 3 ~' U a ~ a~i N C 8 od pNp N C~ C .O O O th o ~ c L ~ ~ ~"' ~ ~ ~ U o a~ o ~ ~ ~~~., ca ~ .~ ~ '~ C c d c~ L 0 O 3 0 0 s c c~ N L c U 0 O O O d N -v c Ri aU c~ r=-+ L d a~ .a m U c .N .O a c ai L a~ s :~ .~ N s .N C ~r= 0 :~ 3 0 s c 0 N ~+ ~ L C N ~ .C ~ O ~ 8 O•~~ o ~ -~ a° ~ ~ 3 ~ ~.d. L ~ r C O ~- O Y ~ O ` _ ~ O ~O ~ V to ~ ~ L ~ c 3 ~ o ~U O ccs ~ ~ a ~ .~ L U ~ v ~ o ~- ~ a~i C O J ~ ~ :° o m ~ o Q~ (~} ~ Q ~ 0. ~ ~ 0 (~ J ~ C ~ Y ~ ~ c o ~ ~ N s 7 ~ ~ ~ U ~ ~ ~ ° o ~ v U 3 a~ c~ ~; a~ E N ~ ~ ~OO O ~ U ~ ~ ~ ~ ~ .~ J ~ d +~ ~ .°c o ~ ~ ~ ~ C~ .' ~ ~ ~ ~ o ~ ~ ~ o n .-, a~ o = L a a~ N ~" ~ ~ ~ p~o ~ ~ C O U ~ ~ c ~, N ~ o '> o- rn ~ ~3 ~ ° ~ U • • B Cit of La Porte • Y Administrative Services Department Human Resources Division Interoffice Memorandum July 5, 2000 To: Martha Gillett, City Secretary From: Lorie Doughty, Human Resources Manager Subject: Council Agenda Item, July 10"' 2000 Retiree: Robert Alan Svoboda Please include the following employee retirement presentation on the Agenda for the Council Meeting scheduled on July 10'h, 2000. Robert Alan Svoboda: 11 years Alan began his career with the City as a Patrol Officer in January of 1989. In January of 1998 he was transferred to the DOT program. Over the years as an Officer for the City of La Porte Alan continually received excellent reviews. It was noted that Alan was a very dedicated, aggressive, valuable asset to his team whose abilities are greatly appreciated by his supervisors. Alan was also rated as consistently one of the top performers and has an excellent attitude toward his profession, with his public presence being a credit to the Department. When Alan transferred to the DOT program, again he was rated consistently the high performer in the DOT Unit whose abilities are such he would excel at any assignment he was given. Good luck Alan, we wish you the very best in your future endeavors! Cc: Louis Rigby Chief Richard Reff Assistant Chief Aaron Corrales Personnel File • • RE~EST FOR CITY COUNCIL AGENDA~M AGENDA DATE July 12, 2000 REQUESTED BY: Cynthia Alexander, Director of Finance REPORT RESOLUTION XXX ORDINANCE; In July 1994, the City entered into a contract with the LaPorte Independent School District to assume it's Tax Collection operations. Under the terms of this contract, the City collects current and delinquent ad valorem taxes for the District through our Tax Assessor/Collector and the LaPorte Tax Office, and performs all related duties. The services performed include, but are not limited to: (1) Receipt of the Certified Appraisal Roll from the Harris County Appraisal District(HCAD); (2) Receipt and processing of all Correction and Supplemental Tax Rolls, (3) Provision of Tax Roll and payment data to mortgage companies, property owners and tax representatives; (4) Truth in Taxation calculations and public notices; (5) Deposit of Taxes collected into District account; and (6) Compilation and mailing of Tax billing notices. This relationship has worked out extremely well, and we believe it to be a tremendous benefit to our citizenry. Not only do they get the convenience of paying both their City and School taxes in one place, they also get the added benefit of having their tax dollars support only one Tax Collection operation. Staff is recommending that we renew this contract for a three year period, to continue on a year to year basis thereafter. The City currently receives $3.60 for each separate assessed item on the Districts certified roll, as reported by the Harris County Appraisal District on its first roll. There are approximately 19,500 accounts, and the City currently receives approximately $70,000 per year for these services. This contract increases the compensation by twenty-five cents ($0.25) per item per year, with a cap of four dollars and thirty-five cents in the third year of the contract. Fiscal Year 2000-01 $3.85 Fiscal Year 2001-02 $4.10 Fiscal Year 2002-03 $4.35 The City expects to receive approximately $75,000 in Fiscal Year 2001, $79,000 in Fiscal Year 2002, and $84,000 in Fiscal Year 2003. ACTION REQUIRED BY COUNCIL: Approve and authorize a contract between the City of La Porte and La Porte Independent School District for Tax Collection Operations. FUND N/A ACCT NUM: APPROVED FOR CITY COUNCIL AGENDA ROBERT T. HERRERA, CITY MANAGER FUNDS AVAILABLE: "7 -to - OJ DATE • • ORDINANCE NO.00 - a'F ~ n AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE. WITH THE OPEN MEETING LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein .by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretazy is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statues Annotated: and that this meeting has been open to the public as required 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. • • ORDINANCE NO 00- ~l~ PAGE 2 Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, THIS 1Q.th DAY OF July, 2000. City of La Porte. B ~l ~v~ Y• Orman L Malone, Mayor ATTEST: "~~1a...,rd~.~~cG~. Martha Gillett, City Secretary W. Askins, City Attorney • • STATE OF TEXAS COUNTY OF HARRIS TAX COLLECTION AGREEMENT THIS AGREEMENT for tax collection is entered into between the City of La Porte, Texas, a municipal corporation, hereinafter called "City", and the La Porte Independent School District, hereinafter called "District", acting hewn by and through their governing bodies; and it is hereby agreed as follows: I. GENERAL SCOPE OF SERVICE The City hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for the District through its tax collector and tax office, and to act as the collection agenry for the district, performing all such duties related thereto. The services performed shall include, but not be limited to: receiving information from the Hams County Appraisal District (HCAD) for purposes of the Certified Appraisal Roll and monthly changes thereto; providing tax roll and payment data to mortgage companies, property owners and tax representatives; providing aIl necessary assessments of taxes and Tn3th in Taxation calculations; and periodic deposits of payments into Districts account II. BILLINGS The City will send billing notices to die District's accounts in accordance with applicable state laws. The City will mail original b~71s on behalf of the District in October followed by delinquent bills mailed is February and May. The City will take necessary steps to assure that billings are timely and accurate. Both the City and the District recognize the accurary and timeliness of billings is dependent upon information received from the HCAD. III. DEPOSIT AND REFUND OF FUNDS Funds collected by the City on behalf of the District will be made on a dady basis into an account specified by the District City assumes no responsibility for the funds once they have been deposited into the Districts account The District recognizes its responsibility for assuring its bank balances are fully collateralized in accordance with appropriate state laws. City will notify District of such deposit amounts via telephone or fax each day a deposit is made. Refunds of previously paid funds caused by changes in the tax roll as reported by the HCAD will be made is accordance with applicable state laws. Refunds of previously paid funds will be offset against future funds deposited. Funds that have been deposited in the District account as collected that later are deemed uncollected by the City's bask will be offset against future funds deposited. The City will perform the collection of such funds in the same manner the City follows to collect similar funds it is due. • • N. REPORTS The City will provide the District the following reports: Periodic: Billing amounts created by the original roll or monthly updates from HCAD. Weekly. Summary totals of the previous week's collections/deposits Monthly: Summary totals of all monthly transactions with recondliations to previously reported balances. Annual: Paid Tax Roll Delinquent Tax Roll The City will provide the District with any specialized reports the District might require, if requested in writing. City will provide said specialized reports for the District at a cost of $40.00 per hour spent compiling said specialized reports. v. AUDIT The City will provide to the District auditor necessary explanation for all reports and access to the District records kept and maintained by the City. Ia addition, if requested. in writing by the District, City will pmvide audit schedules for the District at a cost of 940.00 per hour spent compiling said schedules. In performing the services required wader this 'Agreement, the City shall comply with all applicable federal; and state statues, case law, opinions of the Texas State Attorney General, Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the City shall immediately notify the District of that fact and the reasons therefor. vII. DELINQUENT COLLECTIONS The City shall assess and collect the )?fifteen percent (15%) collection fee pursuant to Section 33.07 of the Property Tax Code, when permitted by law. The City wi71 disburse the amount du+ectly to the flan the District has contracted with for it Delinquent Tax Collections. The City and the District currently utilize the same firm as their individual Delinquent Collection Attorney. Upon expiration of the Attorneys contract, continuance with the firm or selection of a new firm can be made separately by the respective governing bodies of the City or the District. However, recommendations for selection of one firm to provide tax collection services for both the City and the District may be made by a committee consisting of two City Council Members and two District Trustees. Staff will recommend the aforementioned committee qualified candidates. ~!_ _ _+-~- • - -~ _~ - u _ .~ Ill • • This agreement shall be for a bean of three (3) years, commencing on August 1, 2000 and continuing through July 31, 2003. Either party may cancel this agreement by providing 180 days written notice to the presiding officer of the governing board of the other party. After the expiration of the three-year term, the agreement will automatically renew on a year to year basis unless terminated pursuant to this provision. IX. COMPENSATION The City hereby agrees to accept as compensation and the District hereby agrees to pay to the City as fiill compensation, the sum of Three Dollars and Eighty-five Cents (;3.85) for each separate assessed item on the Districts certified roll, as reported by the HCAD on its first roll and includes both those accounts certified and uncertified, for the 2000-O1 District fiscal year. The compensation shall increase each year by twenty-five cents ($0.25) for each separate assessed item with a cap of four dollars and thirty-five cents ($4.35) in the third year (2002-03 fiscal year) of the contract. City shall invoice District, and District shall pay City by Febnaary 28~ for the tax year just billed. City may retain all bees received for issuance of such District tax accounts, to compensate for the cost of the issuance of such tax certificates. WITNESS OUR HANDS, this 13thiay of .tune .2000. i Mr. Gordon Westmoreland, President Mrs. Henrietta Allen, Secretary Board of Trustees Board of Trustees ~~ ~ LGt17]~•~/~~~ Mayor Norman Malone, City of La Porte Mrs. Martha Gillette, City Secretary • REOUEST~R CITY COUNCIL AGENDA ITEl~ Agenda Date Requested: Ju1~+ 10 2000 Requested By: M. CnllettD/ep~a ent: Administration -City Secretary Report Resolution X Ordinance Exhibits: Ordinance 1000-1-H SUMMARY & RECONIMENDATION Ordinance 1000-1-H, if approved, would allow a new applicant to sell beer on-premise. The City has processed the new application of Texas Grill and has determined that it meets qualifications as outlined in Ordinance 1000-1. The permit will be issued in the name of Melvin Walker -Texas Grill. Ordinance 1000-1-will be amended by adding the following: STREET ADDRESS OF THE PROPERTY: 2219 B. Underwood Road, Harris County, Texas 77571. LEGAL DESCRIPTION OF THE PROPERTY: TRACT 490-A. La Porte Outlot, Town of La Porte, Harris County, Tx. PROPERTY OWNER: Abu-Sada Mahmoud NAME OF APPLICANTS: Melvin Walker ADDRESS OF APPLICANT: 2126 Whatley Drive, Deer Park, Harris County, Texas 77536 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: B + M Group, Inc. d/b/a "Texas Grill" Action Required by Council: Consider approval of Ordinance 1000-1-H. Availability of Funds: _ General Fund_ Water/Wastewater Capital-Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Aaproved for Citv Councilfor Citv Council Agenda Robert T. Herrera Date City Manager • • ORDINANCE N0. 1000-1-H AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; and WHEREAS, a new applicant desires to sell wine and/or beer at a location not previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; Ordinance No. 1000-1-~ • Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions ~ of the Texas Alcoholic Beverage Code, and all other applicable federal; state, and local laws and ordinances, including other provisions of this ordinance and the Code of Ordinances of the City of La Porte; STREET ADDRESS OF PROPERTY: 2219 B Underwood Road, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: ~ TRACT 490-A. La Porte Outlot, Town of La Porte, Harris County, TX PROPERTY OWNER: Abu-Sada Mahmoud NAME OF APPLICANT: Melvin Walker ADDRESS OF APPLICANT: 2126 Whatley Drive, Deer Park, Harris County, Texas 77536 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: B + M Group, Inc., d/b/a "Texas Grill" Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City Ordinance No. 1000-1-~ • Page 3 of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Ordinance No. 1000-1-_~ • Page 4 Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. PASSED AND APPROVED this the ~ day of ~ ( , 2000. CITY OF LA PORTE rman L. alo ,Mayor ATTEST: Mart a Gillett, City Secretary • • PUBLIC NOTICE ORDINANCE 1000-1-H AN ORDINANCE OF THE CITY OF LA PORTS, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAYBE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.. CITY OF LA PORTS s/Norman L. Malone, Mayor ATTEST: s/Martha A Gillett, City Secretary APPROVED: s/Knox W. Askins, City Attorney • • • • ORDINANCE NO. 2000-a~ll~ AN ORDINANCE APPOINTING MEMBERS OF T8S BOARD OF DIRECTORS OF CITY OF LA FORTE REINVESTMENT ZONE NOMBER ONE; FINDING COMPLIANCE WITS THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council of the City of La Porte hereby nominates and appoints the following persons to serve as members of the Board of Directors of the City of La Porte Reinvestment Zone Number One, for the term beginning on the effective date hereof, and expiring on the date opposite their names, or until their successor shall have been duly appointed and qualified, to-wit: Position 2 Position 4 Position 5 Position 6 Position 8 Position 9 - Deotis Gay - Horace Leopard - V/4CRtil ~ - Lindsay Pfeiffer Chester Pool July 12, 2002 July 12, 2002 July 12, 2001 July 12, 2002 July 12, 2002 Section 2. John Black July,12, 2001 (Harris County Appointment) The City Council officially finds,~determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of July, 2000. ATTEST: ~ (it . Martha A. Gil ett City Secretary CITY OF LA PORTE By: o an a ne Mayor 2 City Attorney .,., , . 1' 4::' 61 ,y. •jt~T ii:•i~' f'• ~1 :~h..i:r~~ i~'~r~/tn~+ ~~P pa ~~.Y? tu• het i~.y' DIY ,L r• ' ' cl .~ "bq ' i1i ~.}r.y', .~Pq~'IL {`' •rt•~~i l.i d. ~/i~.. ~~ ~6 i~,r ~l ,L ln~ _ `' .wi. ~aL {jYa IIj. .~,~js{; h, 1R'' I'a.~lyF`~,.i:r /['y ~'',~ .d~.la ~J~I '. ~~/~ i~ lH.i ~/{~ ,~: .'i , ~•"'9ih'". :~' ,~Il ~, 1 1 li.t' ~hf d' 1 :~'~i'N7i~:l h~ 57J~! ~ ~C"'. ~~[1~°~{~',~,•i 4NP'f ~~TnT iMi'f~~ ~i 4 I~(y~~^ ~~~~!fYI~~I,`~~• '•11;.1 .,4 ~ .~~: (M~ ~ I~ II"+ ,h .IE. pi ~'141•tt-ia.: i. r_~6 J;iJgp;{~.( ..~~~fS ~f. ~ ".riFYL;p~... '~'Li~l ry,. ~y '~~~l7r,p..~'~~~''IIlI L1., 'EC ilia' i. 1 ": G IA'i• . - •. { 71~i:. ~f. r~ h aY 17. .hh rel. .{l' .i~~l~i.. ~P~~~.,,.,, `r YI,. ~~I~..11 '' `191. "L' t;• June 9, 2000 TO: Mayor and City Co - FROM: John Joerns, SUBJECT: Tax Increment Reinvee$t Zone Boazd (TIRZ) Re: Memos June 7 and une 12 At the Mayor's request, I informed City Council of 4 TIRZ positions that will expire July 12, in addition to a resignation received from Guy Rankin. Expiring Position No. Current Appointee Position 2 Deotis Gay Position 4 Horace Leopazd Position 6 Lindsay Pfeiffer Position 8 Chester Pool Resignation Position No. Position 5 New Expiration Date July 12, 2002 July 12, 2002 July 12, 2002 July 12, 2002 Expiration Date July 12, 2001 The June 7 memo asked that Council advise either my office or City Secretary's office of recommendations by June 19. To date, we have received only one response for appointment to the Boazd. Councilman Guy Sutherland suggested Jeff Litchfield for the vacant position. I contacted Mr. Litchfield on behalf of the Mayor to see if he was interested in serving. Mr. Litchfield declined at this time. Of the 4 current Boazd members 3 have expressed a willingness to serve. Mr. Pfeiffer is on vacation until this Wednesday. We will contact him when he returns. Based on conversation with Mayor Malone we will prepare, for Council's consideration, an ordinance reappointing the current Board members since no other recommendations were received. At this time, Council still needs to consider an appointment for the vacant position. ~`" ~Lj t C~.. ~Z~s /Yl ~ rn ~ lv~GS lU~i f/C rt u'~' ~tl ~~ d~e_ i.s ct I ~c Gc.~~ t l ~ ,1 c~ -~, ,~~,~;,~ . c: Robert T. Herrera, City Manager Martha'Gillett, City Secretary ~~~c rr•e ~~vn~~t ~ ~i~7i~5~L J /~~;,~fe~` ~~~~~n • • MEETIl~TG HANDOUTS Date: ~ /~o /a o Name: (~ ~~ ~ 7 Address: City, State, Zip: Subject on which I wish to speak: `TA's T .~"~ ~ ~v ~ ~.ti~~°y ~~ ~-~ ~~..~~-~ ; ~ ~C~~ ~ • • Date: ¢ e: ~ a ~ `. Ott ~~. ~ P~-1~.:~~ Address: l~c~~ ~~ ~~ City, State, Subject on which I wish to speak: • • i RON aad RHONDA BURRAGE 1409 Bayou Glen Drive La Poste, Texas ?7571 (281 867-1151 W: Rhonda (281( 333-4177, Roa (?13( 616-6244 July 9, 2000 Dear City of La Porte City Council Members: On Apri128, 2000, we purchased (from the City) a little over 3 acres of land off D street in Lomax. The property has a pipeline running right through the middle of it. It had three dilapidated barns, a horse corral, a "Morgan" building that had the roof blown off of it and was standing in the air almost twenty feet, weeds and trees so thick and tall that you could not even see these other structures. Immediately upon closing, we were told (by the Fire Marshall) that we had to remove the barns as they were a safety hazard. We found out that kids had been loitering on the property and several fires had been started. We immediately hired a demolition company to remove the structures and we began clearing the land of the monster weeds and trees. We worked nonstop to make the property civilized. After being told we only needed to put the tree limbs, etc at the curb on certain days and the city would pick them up (from an employee in the waste department), we found out that the City did not pick up trash from vacant lots. Once we finalized our plans, we were given permission to start excavating on a building and then told after the fact that the plans were not acceptable. These are just a few of the contradictory encounters we have had with the City while trying to get our "plan" underway. We now own three properties in La Porte -all of which we pay utilities and taxes on. Our plan was to build a home on this acreage that would accommodate our needs so we could sell the other properties. Our plan will greatly improve the property on D street as it will eventually have meandering gardens, a stocked catfish pond, a home, garage and an "accessory" building. The accessory building will house a couple of "classic" cars, a tractor, boat, four wheeler, lawn mowing equipment, etc -just like any other garage. Our first plan was to build an accessory building that would house the equipment and materials needed to build the house and garage (for security purposes). However, we were told we would have to build the house first or at least obtain a permit for it all at once. We began the permitting process the end of May. After MANY revisions to our plan to conform to City standards, Ron met with James Lanor in the City of La Porte Inspections Department (at 2:00 p.m.). He submitted our final survey and building drawings of the proposed site locations for the home, garage and accessory building. Mr. Lanor reviewed the drawings and gave permission to start excavation. He told Ron that the permit would be ready on Monday, July 3rd. Construction was started; beams dug, forms erected, sand leveled, plastic liner laid out and rebar steel installed -ready to pour the concrete. ~. • • On Monday, July 3rd, Ron received a call from Mr. Lanor at 10:00 a.m. and was told that after further review of the submitted plans, work had to stop and the location of the accessory building had to be changed because (even though garages can go six feet from the property line) accessory buildings had to be thirty feet from the property line and our building was about ten feet to close! Keep in mind that the pipeline running through the middle of the property limits our building space. A meeting was set for 2:00 p.m. to discuss "alternatives" to moving the proposed building. No agreement could be reached so Ron filed a residential variance request in hopes that we could resolve this matter without having to remove what had already been put into place. We were told that the City Council had to approve all variance requests. Therefore, we are requesting that the City Council grant a variance to us for the setback requirement of thirty feet. We were given permission to begin the work so in an act of good faith, we spent a lot of money and performed back breaking labor in an effort to get the process rolling. This was PRIOR to being notified that "after further review" the plans were actually "not acceptable". We will be glad to meet with any council members who are interested and show them the planned improvements and how this variance will not impact anyone. As a matter of fact, throughout the area you can see many deviations from City code - some too new to be "grandfathered". We are willing to conform to city requirements on any further construction but in the case of the accessory building, we honestly feel we were led to believe our plan was fine, began construction and told "after the fact" that our plan required changes. Thank you for your time and consideration on our behalf. We truly believe that we have acted in good faith and have taken the word of City officials in good faith. Regardless of the additional expense and labor involved in moving the building, the pipeline presents another dilemma if are required to move it. Should you have questions or need additional information, please feel free to give either one of us a call at the numbers listed above. Sincerely, Ron and Rhonda Burrage • Date: Name: • 3 Address: City, State, Zip: ~~ Subject on which I wish to speak: Date: Name: ~ ~ ~~1~ ~~ v ~%K l~`/zec2~ Address: /y~jD ~~~~ ~ `z ~r ~~ City, State, Zip: 1 L,~ Pd~~~-~ ~x, Subject on which I wish to speak: ~i'~/V ~Gli/2 7a? .