HomeMy WebLinkAbout2003-10-27 Regular Meeting and Workshop MeetingNIINiJTES OF ~RKSHOP MEETING AND THE REG~i.AR MEETING
OF THE LA PORTE CITY COUNCIL
OCTOBER 27, 2003
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howazd Ebow, James Wan en, Charlie
Young, Barry Beasley, Mike Mosteit, Bruce Meismer and Norman Malone
Members of Council Absent: Peter Griffiths
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Fire Chief Mike Boaze, Assistant City Attorney Clazk Askins, Interim Planning
Director Nick Finan, City Secretary Martha Gillett, Police Chief Richazd Reff, Assistant City Manager
Cynthia Alexander, Assistant Finance Director Michael Dolby, Public Works Director Steve Gillett, Parks
and Recreation Director Stephen Barr, Emergency Medical Services Chief Chris Osten, Assistant Police
Chief Aaron Corrales, Director of Emergency Services Joe Sease, IA Detective Jerome McKown and
Assistant City Secretary Shazon Hams
Others Present: Alex Osmond, Rachel Poppa, Floyd Howazd, Logan Towery, Rachel McPeazson, Daniel
Castadon, Ricky Turner, Ryan Binkley, Jana Joerns, Adam Solis, Dave Turnquist, Elizabeth Riveria, Tommy
Moser, J. D. Nance, Marty Croft, Cazlos Martinez, Veronica Contreras, Timothy Hanna, Adrian Anderson,
Adrian Nova, Georgie Narvale, Johnny Narvale, "Houston Chronicle's This Week" Cazol Christian, Bobby
Grisham, Joyce Sease, Spero Pomonis, Colleen Hicks, Delia Claus, Roy Myers, Ashley Webb, Kristyn
Williams, Bill Scott, Mrs. McKown, Dottie Kaminski, Dave Turnquist, Jana Joerns and a number of citizens.
2. Reverend Danny Wayman of the First United Methodist Church of La Porte delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAIVIATIONS
A. Pazk Place Commandry Number 106 Knights Templaz was scheduled to perform a flag presentation for
the City; however, due to illness of members, there was no flag presentation.
B. Mayor Malone presented the Red Ribbon Week Awazeness Proclamation to Joyce Sease and LPISD
students.
C. Mayor Malone read the proclamation in honor of RSDS Awazeness Week.
5. CONSENT AGENDA
A. Council to consider approving Minutes of the Regulaz Meeting and Public Hearing held on October 13,
2003.
B. Council to consider approval of a resolution certifying Bill Hang to serve as a member of the Board of
Directors of Harris County Appraisal District as presented by Mayor Malone.
RESOLUTION 2003-26 - LA PORTE CITY COUNCIL TO APPROVE A RESOLUTION
CERTIFYING BILL HARRY, NOMINEE TO SERVE AS A MEMBER OF THE BOARD OF
DIRECTORS OF HARRIS COUNTY APPRAISAL DISTRICT.
C. Council to consider approval or other action regazding a contract with Hunter Allied of Texas, Inc. in the
amount of $34,905.00 and further authorizing $1,745.25 (5%) contingency to facilitate construction as
presented by Interim Planning Director Nick Finan.
City Council Workshop and Regular~ieeting -October 27, 2003 -Page 2
6.
7.
ORDINANCE 2003-2670 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND HUNTER ALLIED OF TEXAS, INC. FOR
CONSTRUCTION OF SYLVAN BEACH EXTERIOR REPAIIZS PROJECT; APPROPRIATING
$34,905.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
D. Council to consider approval or other action regarding an ordinance authorizing the City Manager to
execute an Agreement with Linda Witt for concession operations at the Sylvan Beach Fishing Pier as
presented by Parks and Recreation Director Stephen Barr.
ORDINANCE 2003-2671- AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND L1NDA DARNELL WTTT TO OPERATE
AND MANAGE THE SYLVAN BEACH PARK PIER; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAID CONCESSION AGREEMENT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
E. Council to consider approval or other action of the City Manager to execute a contract with ABC
(Association of Bayport Companies) for the City of La Porte EMS Division as presented by EMS Chief
Chris Osten.
ORDINANCE 2003-2672 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES,
INC., FOR EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Warren to simultaneously vote and approve all items of the
Consent Agenda. Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Mosteit, Wan en, Young, Ebow, Beasley and Malone
Nays: None
Abstain: Meismer
PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Bill Scott -1802 Lomax School Road, La Porte, Texas 77571- Mr. Scott wished to continue exposing his
facts of public statements made by a councilmember regarding a permitted City feedlot 50 feet upwind of Mr.
Scott's home. Mr. Scott claims the councilmember attempted quoting the Board of Adjustments statement;
Mr. Scott quoted the full statement. Mr. Scott presented physical evidence to the Board of Adjustments
proving the Board's statement to be false. Photographs were shown, of manure, a muddy feedlot, cattle, plus
aerial photos proving the feedlot was not there when the Scott's moved in their home in 1990. The Board
was provided documentation, proving the Blackwell's purchased the land after Lomax's annex, therefore not
pre-existing within feedlot operation. The Blackwell's provided physical evidence including documentation
and photos; Mr. Scott claiming Blackwell's statements being completely false. Mr. Scott plans to continue
exposing the Blackwell's false statements, as well as the Board of Adjustments actions. Testimony is part of
the evidence. Mr. Scott would like to know when Council will begin correcting this corruption.
Council to consider appointment of additional committee members and approval of the Ad Hoc Code
Recommendation Committee Ordinance.
Interim Planning Director Nick Finan gave summary and recommendation and answered Council's questions.
City Council Workshop and Regular fleeting -October 27, 2003 -Page 3
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2664-B - AN ORDINANCE APPOINTING
UP TO THREE ADDITIONAL MEMBERS TO THE AD HOC CODE RECOMMENDATION
CONIlVIITTEE OF THE CITY OF LA PORTE; PROVIDING A SEVERABII.TTY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enselken to approve Ordinance 2003-2664-B appointing Robert Ortiz
to the Ad Hoc Code Recommendation Committee as presented by Mr. Finan. Second by Councilmember
Young. The motion carried.
Two slots were left vacant and staff will bring back in the future if Council provides a directive.
Ayes: Mosteit, Young, Ebow, Meismer, Beasley, Malone, Engelken and Warren
Nays: None
Abstain: None
8. Council to consider approval or other action regarding an ordinance appointing alternate members to the
Planning and Zoning Commission.
Interim Planning Director Nick Finan gave summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2673 - AN ORDINANCE APPOINTING
ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION, OF THE CITY OF LA
PORTE, PROVIDING A SEVERABILTTY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Beasley to appTOVe Ordinance 2003-2673 appointing alternate
members to the Planning and Zoning Commission - Alternate A -Hal Lawler - Alternate B - R_ o_ ss T.
Morris. Second by Councilmember Warren. The motion carried.
Ayes: Mosteit, Young, Ebow, Meismer, Beasley, Malone, Engelken and Warren
Nays: None
Abstain: None
9. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute
a contract with Vintage Contracting, Inc. for the construction of the Bay Area Boulevard Trunk Sewer Project
in the amount of $1,00,176.00, and authorize a 5% contingency in the amount of $50,000.00.
Public Works Director Steve Gillett gave-the summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2674 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND VINTAGE
CONTRACTING, INC., FOR THE BAY AREA BOULEVARD TRUNK SEWER PROJECT;
APPROPRIATING THE SUM OF $1,000,176.00, PLUS A CONTINGENCY OF $50,000.00, TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young to approve Ordinance 2003-2674 as presented by Mr. Gillett.
Second by Councilrnember Ebow. The motion carried.
Ayes: Engelken, Mosteit, Warren, Young, Ebow, Meismer, Beasley and Malone
Nays: None
Abstain: None
City Council Workshop and Regular~ieeting -October 27, 2003 -Page 4
10. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute
Assignment Letter No. 2 with Wayne Smith and Associates, Inc. dba SCL Engineering to provide project
representation in an amount not to exceed $65,000.
Public Works Director Steve Gillett gave summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2675 - AN ORDINANCE APPROVING
AND AUTHORIZING ASSIGNMENT LETTER N0.2, TO AMEND THE ORIGINAL DESIGN
CONTRACT BETWEEN THE CITY OF LA PORTS AND WAYNE SMITH AND ASSOCIATES, INC.
DBA SCL ENGINEERING, FOR ENGINEERING SERVICES FOR THE BAY AREA BOULEVARD
TRUNK SEWER PROJECT; APPROPRIATING THE SUM NOT TO EXCEED $65,000 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Young to approve Ordinance 2003-2675 as presented by Mr. Gillett.
Second by Councilmember Meismer. The motion carried.
Ayes: Engelken, Mosteit, Warren, Young, Ebow, Meismer, Beasley and Malone
Nays: None
Abstain: None
11. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute
Contract Change Authorization No. 1 with Freese and Nichols, Inc. to provide design, bidding and
construction phase services for water and sewer facilities along Canada road, as well as bidding and
construction phase services for paving and drainage, for an additional authorization of $81,275.00.
Public Works Director Steve Gillett gave summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2003-2676 - AN ORDINANCE APPROVING
AND AUTHORIZING A SUPPLEMENTAL PROPOSAL AND CONTRACT CHANGE
AUTHORIZIATION NO. 1 BETWEEN THE CITY OF LA PORTS AND FREESE AND NICHOLS, INC.,
FOR THE CANADA ROAD IMPROVEMENT PROJECT; APPROPRIATING THE SUM NOT TO
EXCEED OF $81,275.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to approve Ordinance 2003-2676 as presented by Mr. Gillett.
Second by Councilmember Mosteit. The motion carried.
Ayes: Engelken, Mosteit, Warren, Young, Ebow, Meismer, Beasley and Malone
Nays: None
Abstain: None
12. The Regular Meeting closed and the Workshop Meeting opened at 6:42 p.m.
A. Public Works Director Steve Gillett provided City Council with an update on this project and provided an
outline as backup in the agenda packet.
B. Assistant City Manager Cynthia Alexander provided City Council with an overview of the funding of
Canada Road and Bay Area Boulevard.
C. City Manager Debra B. Feazelle provided City Council with additional options to provide Emergency
Services and Fire Services. Due to just receiving information this evening, they would like to discuss
further at a future meeting.
City Council Workshop and Regular~Ieeting -October 27, 2003 -Page 5
13. The Workshop closed and the Regular Meeting reconvened at 7:20 p.m.
14. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle announced the Chamber Annual Steak Cookout on Thursday, October 30,
2003, at the DuPont Employees Recreation Building at 6:30 p.m.
Ms. Feazelle announced the Council Retreat scheduled for Friday and Saturday, November 7 and 8, 2003, at
the La Porte Community Library.
Ms. Feazelle distributed a flyer for a Town Hall Meeting to discuss issues in District 4.
15. COUNCIL COMMENTS
Councilmembers Engelken, Ebow, Malone, Warren, Meismer, Beasley, Young and Mosteit had comments.
16. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE,
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
551-072 -Land Acquisition
Meet with City Manager and City Attorney to discuss the sale or exchange of property.
Council retired to Executive Session at 7:30 p.m.
17. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
18. There being no further business to come before Council, the Workshop Meeting and Regular Meeting was
duly adjourned at 7:56 p.m.
Respectfunlly, submitted,
Martha Gillett
City Secretary
Passed and approved on this 10th day of November 2003
~~ ~1
Norman Malone, Mayor
'• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 10.2003
Requested By: Steve Gillett
Department: Public Works
Report: ,~_Resolution: Ordinance:
Eibibita: Bid Recap Sealed Bid #0898
Ezbibits: Bidders List
Eahibita•
Annronriation
Source of Funds: General Fund
Account Number: 001-7072-532-2015
Amount Budgeted: $141.000.00
Amount Requested: $65.850.00
Budgeted Item: X YES NO
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0898 for the supply of plastic garbage bags for the February, 2004 bag handout were
opened and read on October 27, 2003. Bid requests were mailed to eleven (11) vendors with four (4) returning bids.
Low bid meeting spexificmtions was submitted by Dyna-Pak Corp. in the amount of $0.439 per pound This
represents a decrease of one-qua<ter of one percent (0.25%) from the last bid This contact would be for 150,000
lbs for a toml cost of $65,850.00.
Staff recommends award of the bid for supply of the February, 2004 bag handout to Dyna-Pak Corp. in the amount
of $65,850.00. Funds for this purchase were budgeted in the 2003-04 Solid Waste Operating Budget.
Action Required by Council:
Award bid for plastic garbage bags to Dyna-Pak Corp, low bidder meeting specifications, as recommended by Staff.
Apuroved for City Council Agenda
W ~~ -
Debra Feszelle, City Manager ~ Date
O
Q
0
m
y
Q
m
m
Q
~0
0
m
•
J
a o c
~~ m m
yQ z z
W m
y a
~a D
m D
m
mp z z
V
O ~ rn ~ °o,
O °
Q
Qa r~ ti
a
~~o ~ o
a~a
a ~
~+
~ o
~ °o,
°
V Z.
~ o
~
G . o
Y
a a M
~' °o,
o
~V m
o "'
0
0
o
C1 0
`~
J
Q
O ~ O
a 0°
v
~ ~
o ~
..
r~
~.I
•
BIDDER'S LIST
SEALED BID #0898 -PLASTIC GARBAGE BAGS
ALL AMERICAN POLY ALPHA BAGS & SUPPLIES CO
40 TURNER PLACE 42-3811T" STREET
PISCATAWAY, NJ 08854 LONG ISLAND CITY, NY 11101
APOLLO PAPER CO ARROW INDUSTRIES
10000 W. SAM HOUSTON PKWY N. PO BOX 810489
HOUSTON,TX 77064 DALLAS TX 75381
BEMIS COMPANY DYNA-PAK CORPORATION
1350 N FRUITRIDGE AVE _ P.O. BOX 967..
TERRE HAUTE IN 47804 LAWRENCEBURG TN ~ 38464
JADCORE, INC LONE STAR PLASTICS
300 N. FRUITRIDGE AVE 12023 BROWNING LANE
TERRE HAUTE, IN 47803 DALLAS, TX 75230
NOW PACKAGING COMPANY
5602 COUNCIL GROVE COURT
HOUSTON, TX 77088
RESOURCEFUL BAG ~ TAG
6420 WEST 127T" STREET, SUITE 212
PALOS HEIGHTS, IL 60463
EIP INC.
1321 WHITEHERON LANE
VERO BEACH, FL 32963
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE TX 77572-0996
BAYSHORE PUBLISH DATES:
OCTOBER 12, 2003
OCTOBER 19, 2003
MEETING HANDOUTS
r. •.
• •
Eddie V. Gray, Trastee
P.O. Box 638
Baytown, Texas 77522
281 422-3677 ext 10
November 6, 2003
Re: City of LaPorte Code of Ordinances, Article I, Sec: 74-2(a), as it relates to 4.7792
acres Hi. 225 Feeder at Strang Road
To the LaPorte City Council:
This letter concerns the 4.7792 acres that I own at the intersection of Hi. 225
Feeder at Strang Road in the City of LaPorte. The property is bounded on the north by
Hi. 225 Feeder, on the east by Strang Road and on the south and west by the Union
Pacific Railroad line. A survey of the property and a metes and bounds legal description
are attached. There is no water utility service to this tract by the City of LaPorte and due
to its location, there is little possibility of water service being extended to this area.
The legal title on the acreage is held in my name as trustee and the property is not
encumbered by any mortgage liens. The tract is zoned Light Industrial. It :is
undeveloped now, but I have a potential long-term lease pending on the tract. The lease
tenant plans to build a trucking yard. The operation will have a portable office. and the
only need for water is to operate the restroom and run the fire protection sprinkler system
in the portable office. The water from the well will be potable. ~ There are no other
requirements for water for this business use. The lease tenant has proposed drilling a
water well on the tract to serve its needs. The well will be of ample size to provide water
to the restroom and to provide fire protection to the portable office. No other use. will be
made of the well on the property and no other tract other than the 4.7792 acres w~71 be
served by the well. Wastewater from the site will be hauled from the site by a licensed
wastewater disposal company.
I request that the City Council grant a variance from City of LaPorte Code of
Ordinances, Article I, Sec. 74-2, to permit the drilling of a water well on this tract for
purposes of serving only the 4.7792 acres. This variance shall be conditioned on the fact
that in the event the City of LaPorte ever provides City water service to the property that
the use of the water well will be discontinued and that the owner/user of the tract will
immediately make application to connect to City of LaPorte water service tb this tract.
The need for the granting of this variance is urgent due to the impending lease of
the tract. The lease tenant needs to begin construction on the lease premises as soon as
possible and no later than thirty (30) days from today.
This variance will be subject to obtaining a water well permit from the Harris
County and Galveston County Subsidence District. Discussion indicates that the well
permit described above will be obtainable. Thank you for your consideration of this
matter. Please contact me with any questions.
Yours truly,
l/
Eddie V. Gray, Trustee
r
~r
•
A
..~.
i •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Nov. 10 2003
Requested By:
Department:
Report: X Resolution: Ordinance:
Ezhibits:
Letter from Eddie Gray
Memo from John Joerns
Map of Water & Sewer Location
Ordinance 1168-A (1984)
Plat of Land Under Consideration
Building Comments
1994 Fire Code Amendments
Aaaroariation
Source of Funds: N/A
Account Number• ~s
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Eddie Gray has requested to utilize a water well and bottled water for a trucking yard to be located at the feeder of
SH 225 and Strang Rd. Currently, there is no water and sewer adjacent to this property. Water and sanitary sewer is
available approximately 385 and 450 feet, respectively, to the southwest. It would be necessary to bore under the
rail line located to the south of this property. It is believed that there is a non-conforming well currently being
utilized to the east of this property; Staff is investigating this.
Ordinance 1168-A (1984) prohibits the drilling of any new wells. There are no variance procedures listed with it. It
appears the City Council would not be able to grant a variance, but must amend the ordinance or create a new
ordinance that would allow this docation.only, but prohibit other locations or the rest of the City.
The Subsidence District regulates permits for water wells for non-residential use. If the City states water is not
available, the Subsidence District would most likely grant a permit.
See the attached memo, map, and material for more information on the current location of water and sewer services
and background on this item.
This is a workshop item and not set for action. Staff has no specific n„commendation at this time, but the following
is a list of concerns: fire protection from a sprinkler system only is typically inadequate (City Fire Code requires a
fire hydrant within 300 feet of a commercial building; requires variance from Fire Code Review Committee or a
special exception from the Fire Marshal and Fire Chief for other consideration); difficult to grant water wells in only
one section of the City without reviewing other similar concerns; subsidence; and a site plan has not been submitted,
so we may be granting something that may have other items of concern or may not be permissible.
Action Required by Council:
Discuss and provide direction on request by Eddie Gray.
A roved for Ci Council A enda
I~J.3 -d ~
De eazelle, ity nager Date
Q~yrec'r~ 1~~3~f~s
. ~ /
Eddie V. Gray, Trustee
P.O. Box 638
Baytown, Texas 77522
281 422-3677 ext 10
October 28, 2003
City Council
City of LaPorte
P.O. Box 1115
LaPorte, Texas 77571
Re: City of LaPorte Code of Ordinances, Article I, Sec. 74-2(a), as it relates to 4.7792
acres Hi. 225 Feeder at Strang Road
To the LaPorte City Council:
This letter concerns the 4.7792 acres :that I own at the intersection of Hi. 225 .
,....
Feeder at Strang Road in the City of LaPorte. The property is bounded on the north by
Hi. 225 Feeder, on the east by Strang Road and on the south and west by the Union
Pacific Railroad line. A survey of the property and a metes and bounds legal description
are attached. There is no water utility service to this tract by the City of LaPorte and due
to its location, there is little possibility of water service being extended to this area.
The legal title on the acreage is held in my name as trustee and the property is not
encumbered by any mortgage liens. The tract is zoned Light Industrial. It is
undeveloped now, but I have a potential long-term lease pending on the tract. The lease
tenant plans to build a trucking yard. The operation will have a portable office and the
only need for water is to operate the restroom and run the fire protection sprinkler system
in the portable oflYCe. There are no other requirements for water for this business use. The
lease tenant has proposed drilling a water well on the tract to serve its needs. The well
will be of ample size to provide water to the restroom and to provide fire protection to the
portable ofl"ice. No other use will be made of the well on the property and no other tract
other than the 4.7792 acres will be served by the well. Wastewater from the site will be
hauled from the site by a licensed wastewater disposal company. Bottled water will be
used for any drinking water used on the site.
I request that the City Council grant a variance from City of LaPorte Code of
Ordinances, Article I, Sec. 74-2, to permit the drilling of a water well on this tract for
purposes of serving only the 4.7792 acres. This variance shall be conditioned on the fact
that in the event the City of LaPorte ever provides City water service to the property that
the use of the'water well will be discontinued and that the owner/user of the tract will
immediately make application to~ connect to City of LaPorte water service to this tract:
The need for the granting of`this variance is urgent due to the impending lease of
the tract. The lease tenant needs to begin construction on the lease premises as soon as
possible and no later than thirty (30) days from today.
• •
This variance will be subject to obtaining a water well permit from the Harris
County and Galveston County Subsidence District. Discussion indicates that the well
perrrut described above will"be obtainable.
Thank you for your consideration of this mafter.~Plea§e contact me with~any ~ - ~ - ~ ~~
questions. .....- _._ ...._ _ .. ... .... ..... ... _ .. _ _. _ .. _ ..
Yours truly,
t
~, /
Eddie V. Gray, Trustee
• •
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
October 31, 2003
TO: Mayor and Council
Debra B. Feazelle, City Manager
FROM: John Joems, Assistant City Manage
SUBJECT: Request from Eddie Gray
Eddie Gray delivered this letter addressed to City Council to the Planning Department.
It was then brought to my attention. When I checked with the City Secretary's office,
Mr. Gray had not provided copies for distribution to Council.
Mr. Gray's request cannot be considered a variance. The existing ordinance (1168-
A/1984) is a policy that essentially outlaws the drilling of riew wells inside the city limits
of La Porte and prohibits use of water originating from any other source than the City of
La Porte. If Council wishes to assist Mr. Gray in his request there will need to be a new
ordinance passed that would have several provisions created to allow it here and
prevent the proliferation of wells in other areas of the community.
t seem to recall that the tract next to Mr. Gray's has an existing well on it. If so, it would
be preferable if the two parties could reach an agreement for use of that well with the
City then granting an easement to cross the City right-of--way with a line. I called Mr.
Gray this morning to discuss this but was not able to reach him.
There are other sections of the City's codes that also need to be checked before
assuming this is Mr. Gray's only hurdle. There could be other locations in the City's
codes/policies that require public utilities for issuance of a building permit or
development approval.
We will place this on the next Council meeting agenda as a workshop item for Council
discussion and further direction.
Of A
~ 9~
v~ ~
,.x,,.
JJ/ml .
c: Cynthia Alexander, Assistant City Manager
Nick Finan, Interim Dire_c_tor_of_P_I.anning.~
Q •
x
~ ~
~ <
b D
rn
CITY OF LA FORTE
.c
~ ~
n
3
m
Q Oy
• ~
8 O
O ~
J
~~ rs
W
W
•
0
'~
0
rn
v
rn
rn
X
CITY OF LA FORTE
~"~ ~ STRANG ROAD
'11 ~ w
~ ~ ~ C S
~ N ~ .rn.
~ C
C j' n
W p ro
~ O g
•
ORDINANCE NO. 1168-A
AN ORDINANCE AMENDING ORDINANCE NO. 1168, AN ORDINANCE REGULATING
THE DRILLING OF WATER WELLS WITHIN THE CITY; REGULATING THE USE
AND SALE OF WATER WITHIN THE CITY; PROVIDING EXCEPTIONS; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00);
CONTAINING A SEVERABILITY CLAUSE; .FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Fran and after the effective date hereof, it
shall be unlawful for'any person to drill a water well to provide
water for human consumption, or, for residential or commercial
purposea~within the City of La Porte.
Section 2. From and after the effective date hereof, it
shall be unlawful for any person to use, sell, barter, give away
or offer for sale, offer to barter, or offer to give away, for
human consumption, or for residential or commercial purposes,
water originating from any source other than the Water Department
of the City of La Porte, to any other person within the City of
La Porte, except such City.
Section 3. The provisions of this Ordinance shall not be
applicable to the sale of distilled water, or other bottled water
approved for human consumption, by the Texas Department of Health.
In addition, the provisions of this Ordinance shall not be appli=
cable to the collection of rain water for use to water vegetation.
Section 4. This Ordinance shall be.effective fourteen (14)
days after its passage. and approval. The City Secretary shall
give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper in .the .
City of La Porte at least twice within ten (10) days after the
passage of this ordinance.
Section 5. 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
•
Ordinance No. 1168-A, Page 2.
shall not affect the remaining portions of this Ordinance, and
•it is hereby declared to be the intention of this City Commission
to have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact. that any other section, sen-
tence, phrase~or clause, or part thereof, may be declared invalid.
Section 6. Any person, as defined in Section 1.07(27),
Texas Penal Code,. who shall violate any provision of this ordi-
nance, shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed Two Hundred Dollars
($200.00). Each day any violation of this ordinance shall con-
tinue shall constitute a separate violation.
Section 7. 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 Statutes Annotated; 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. .
PASSED AND APPROVED this the 18th day of April, •1984.
CITY OF LA PORTE
By
inia ine, Mayor
i t
Ordinance No. 1168-A, Page 3.
ATTEST:
~,~~ n i
City Secretary
APPROVED: .
.~7
City At orney
. o
~. w ~ - ~
'. n
~ ~ c. ~ ~
a ~ . I ~ . ` . .+'4 ~ y
~_ • ~. ~
• ~
q ;,,
` *:_ ~ yov
~ ~r .
' x ~. Wwm~
,\ T ~ NOO.
':
~ ~'.
M ~~. ~ •
ion, e ~ .t
t
~'+. ~~Z
.. c .~~, ~
• ~ \
~ ~.
w ~~ ~ O ~~
$
al
~
~ 1
ifd
wa
~ ~
~ yg
a i3
~ 3
~ ~v
~~
0
m
~ (n
a
a .
~
~
70 ~ r
s~ ~ ;~
a ~ ~
• m
. 01.
V 4.
~ ~
e
`, A
t0 < O
O
ro
~
.~
r
~
A
~ A
N
D!
m
~~
r
.T ~
- ~i
~ii ~
o b
~ ~m
mo
I m
'i 3
~
~
~ D
~
ro ~ p
• ~
~
,. ~ ~ ~ .~
i•
. , M ~ ~ ~ ~~
c s: ~ e
. ...., .
. •,
..
~~•~ ~~ ~ •
~~~y r ~ ~'
N'x•0 ~~ ~ cp
~~.. $a
pA d,++. ' ' ~ ~ • ~ is . • .
.a ~ ~~~ /
• ~. 'i
11/03/03
BUILDING COMMENTS
Proposed Use: Office Building -Trucking Companv
Zoning: SIC# 421 or 423 Allowable Use: Y or N
(Use permitted in LI and HI zones)
Certified Site Plan Required? Yes (S 106-141 of City's Code of Ordinances)
Zoning Permit Required? Yes (S 106-142 of City's Code of Ordinances)
Building Permit Required? Yes (S. 104.1 of '94 Ed. Standard Bldg. Code)
Trailer must be a state certified "Industrialized Building".
(S. 106-521, Table A -City's Code of Ordinances)
Based on Use (Trucking Company), site to be located on designated "Truck Route".
(S. 70-237 of City's Code of Ordinances)
Utility Issues:
Can a water well be drilled? No (S 74-2(a) of City's Code of Ordinances)
(not for human consumption or for residential or commercial purposes)
Solution: Trailer is fitted with water holding tank
Can Alternate Sewer System be utilized? Yes (S 74-3(a) of City's Code of
Ordinances)
(Only if properties are not within 200' of city sewage system)
Solutions: a) Trailer has sewage holding tank; company handles waste
b) Septic system installation complies with State regulations. Texas
Commission on Environmental Quality (TCEQ) (previously TNRCC)
Restrooms Required?
i •
Yes (S. 407.1 of '94 Ed. Standard Plbg. Code)
Industrial Waste Permit Required? No (S. 74-72 of City's Code of Ordinances)
(Permit required if discharging into the city sewage system)
Fire Protection:
Building use/size would not require a sprinkler system.
Solution: In past, fire department has approved installation/maintenance of an on-site water
tank (city specifies gallons). This would allow water availability for both building and on-site
situations.
S:\CPShare\INSPECTION DIVISION\Inspections\Gray Trucking Co Info.doc
. 1994 STANDARD FIRE CODE AMENDMENTS cont. ~ PAGE 13 OF 28
EXCEPTIONS:
A When in the opinion of the fire chief and fire marshal a water main and/or
fire hydrant is not necessary due to the existence of built-in fire protection system(s);
or
B. When the Fire Chief and Fire Marshal have been notified in writing that
pending water mains and fire hydrants are being installed in the vicinity, consistent with
the terms of this code.
2. Commercial and industrial area fire hydrants shall be installed .on an 8-inch or
larger approved water main and shalt be placed so that no part of any building is over
300 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb
line and/or access corridor.
EXCEPTIONS:
A. When in the opinion of the fire chief and fire marshal a water main and/or
the fire hydrant is not necessary due to the existence of built-in fire protection .
system(s); or ~ ~ ~ .
B. When the fire chief and fire marshal have been notified in writing that
.. pending water mains and fire hydrants are being installed .in that vicinity, consistent
. ~ with the teens of this code. ~ _ _.._ ,. . _ .... ... .
(ORD. NO.98-2222, $ 2-9-98) ~ .
603.6 Smoke Detectors
Revised to read:
603.6.1 Deleted.
(ORD. N0.98-2222, $ Z-9-98)
603.6.2 Deleted.
(ORD. NO.98-2222, § 2-9-98)
603.6.3 Deleted.
See Section 38-126 et seq of the Code of Ordinances of the City of La Porte.
(ORD. NO.98-2222, § Z-9-98)
~ •
i 4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 10 2003
Requested By:
Department: ~iuman Resoarce
Report: X Resolution: Ordinance:
r:ahibits:
Exhibits:
Exhibits:
Aaaroariation
Source of Funds:
Account Number•
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City of La Porte Personnel Policy Manual has not been revised in the past 10 years. In
order to accurately communicate City policies to our employees, the City Manager requested
staff to revise the manual.
A City of La Porte Personnel Policies Handbook containing revised City policies was developed
in accordance with the following process:
• Sample policy manuals from various cities, organizations, and legal publications were
studied to be used as a guide for revising City policies
• Staffprepared a draft of each City policy that contained revised changes when appropriate
• Each revised policy was reviewed with the Executive Staff. No changes were made without
Executive Staff approval.
• The Executive Staff draft was reviewed with the City Attorney's office
• The City of La Porte Personnel Policies Handbook will be submitted to Council in
November, 2003 to allow ample time for review prior to Council consideration to adopt the
handbook in December, 2003.
Action Required by Council:
Discuss the process used to revise City of La Porte Personnel Policy Manual.
Aunroved for Citv Council Agenda
.~
Debr // '
a Feazelle, City snag Date