HomeMy WebLinkAbout2004-01-12 Regular Meeting, Public Hearing, and Workshop Meeting1VIINIJTE~F REGULAR MEETING AND PU)BLARING
OF THE LA PORTE CITY COUNCIL
January 12, 2004
1. CALL TO ORIDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Charlie Young, Bang
Beasley, Mike Mosteit, Peter Griffiths and Norman Malone
Members of Council Absent: James Warren and Bruce Meismer
Members of City Executive Staff and Cit~ployees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Assistant City Attorney John Armstrong, Interim Planning Director Nick Finan, City
Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Assistant City Manager/Finance Director
Cynthia Alexander, Assistant Finance Director Michael Dolby, Assistant to the City Manager Crystal Scott
and Assistant Police Chief Aaron Con ales
Others Present: Sue Gale Mock Kooken, Spero Pomonis, Bill Scott, Marc Clarke, Bob Capen, Marion
Capen, Dave Turnquist, Bill Fennell, Sid Carpenter, Dale Goltier, Jenny Hall, Mike Calais, Chris Cates,
Andrew Shidds, Jeremy Smith, Renee Bartlett, Larry Bartlett, Rosa Johnson, Norma Martinez, Gabby
Martinez, Veronica Contreras, Zendy Ornelas, Nick Carmona, Lexie Denby, Jenny Hall, Rob Rinpler, Dick
Gregg, Decker McKim, Guy Sutherland, Reverend Michael Bingham, Delia Claus, Jim Zoller, Louise Zoller,
Glen Windsor, Carol Christian of "The Houston Chronicle's This Week" section, Carlos Martinez, Colleen
Hicks and a number of other citizens.
2. Reverend Michael Bingham of Abundant Life Church of La Porte delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
The Certificate of Achievement for Excellence in Financial Reporting was presented to the Finance
Department, with Assistant City Manager/Finance Director Cynthia Alexander and Assistant Finance
Director Michael Dolby accepting the award from Glen Windsor of the Govenunent Finance Officers
Association and City of La Porte City Manager Debra Feazelle.
5. CONSENT AGENIDA
A. Council to consider approval or other action regarding an ordinance authorizing the City Manager to enter
into an agreement with the Lubrizol Corporation to extend the terms of its can ent Water Service
Agreement through December 31, 2007.
B. Council to consider approval or other action regarding an ordinance authorizing the City Manager to enter
into an agreement with Dolima Properties, L.P., to extend the terms of its current Water Service
Agreement through December 31, 2007.
C. Council to consider approval or other action regarding an ordinance authorizing the City Manager to enter
into an agreement with Southern Ionics, Inc. to extend the terms of its current Water Service Agreement
through December 31, 2007.
D. Council to consider approval or other action regarding an ordinance authorizing the City Manager to enter
into an agreement with Goodyear Tire & Rubber Company to extend the terms of its current Water
Service Agreement through December 31, 2007.
City Council Regular NYeeting and ~ic Hearing -January 12, 2004 -Page 2 •
E. Council to consider approval or other action regazding an ordinance authorizing the City Manager to
execute a contract with the City of Shoreacres for Fire Suppression Services.
F. Council to consider approval of the Minutes of the Regulaz Meeting and Workshop Meeting held on
December 8, 2003.
Motion was made by Councilmember Griffiths to simultaneously vote and approve all items of the
Consent Agenda. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, CONEVIiJNICATIONS, AND CITIZENS A1V19
TAX PAYERS WIS]~1G TO ADIDRESS COUNCIL, ON ANY ITEM POSTEID ON THE
AGENDA
Bill Scott of 1802 Lomax School Road, La Porte, Texas, chose not to speak on an item posted on the agenda.
Bill Fennell of 5210 Glen Pazk Drive, La Porte, Texas, Vice President of Glen Meadows Homeowner's
Association, voiced his concerns with Glen Meadows subdivision drainage, retaining wall and fencing. Mr.
Fennell provided Council with a handout.
Sib Carpenter of 5234 Glen Park Drive, La Porte, Texas, listed the actions taken by the developer/builder and
the City of La Porte for the Glen Meadows subdivision: Glen Meadows Developer James R. Holcolm and
Glen Meadows partners accept responsibility for future fence failure for any reason other than normal weaz
and tear; Robert T. Herrera, fonmer City Manager of La Porte, acknowledged the problem with retaining wall
and fence, instructed former Planning Director Doug Kneupper to engage a civil engineer to conduct a study
of the problems, with Claunch & Miller Engineering submitting a report with recommendations; Mr.
ICneupper issued a letter to effected residents; and current City Manager Debra Feazelle issued a letter
explaining there is not a cost effective way to repair the failing wall and fence. The homeowners issued a
handout with the problems, complaints and suggested solutions to the problems.
Dale Goltier of 5242 Glen Pazk Drive, La Porte, Texas, reviewed necessary solutions for problems in Glen
Meadows: the retaining wall needs to be rebuilt/redesigned, requiring both Glen Meadows and Lomax
property; new fence needs be erected, Lomax drainage needs to be re-routed. Mr. Goltier listed the
suggestions to execute actions, which aze on the handout.
Jenny Hall addressed how the retainer wall has to be repaired in order for the fence to stand-up correctly. The
wall needs to be repaired in its entirety, not in sections. Ms. Hall provided photos and questions for Council
to consider.
Dick Gregg of 16055 Space Center Blvd, Houston, Texas, represents Bob and Marian Capen regazding an
ordinance to cure the Capen's problem with restrictions on their property. The City Attorney has done an
effective and admirable job in drafting this ordinance.
Bill Scott of 1802 Lomax School Road, La Porte, Texas, questioned and suggested that Council is treating
Bob Capen's circumstances as privileged, compazed to other citizens, in asking for an ordinance to be
revised, whereas it was not revised when voted on in the past.
7. Open Public Hearing -Mayor Malone opened the Public Hearing at 6:30 p.m.
Council to consider approval or other action regarding Rezone Request #R 03-007.
City Council Regular Meeting and ~lic Hearing -January 12, 2004 -Page 3
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Public Input -There were no citizens wishing to provide public input.
Planning and Zoning Staff recommends Council approve Rezone Request #R -3-007.
The Public Hearing was closed at 6:34 p.m.
8. Council to consider approval or other action regarding an ordinance amending the Code of Ordinances of the
_ City of La Porte, Chapter 106, more commonly referred to as the Zoning Ordinance of the City of La Porte,
by changing the zoning classification of that certain parcel of land.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 1501-GGG and R-03-007 - AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTS, BY
CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN
DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Beasley to approve Ordinance 1501-GGG and R-03-007 as presented
by Mr. Finan. Second by Councilmember Engelken. The motion carried.
Ayes: Griffiths, Engelken, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
9. Open Public Hearing -Mayor Malone opened the Public Hearing at 6:35 p.m.
Council to consider approval or other action regarding a Rezone Request #R 03-009.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Public Input -There were no citizens wishing to provide public input.
Planning and Zoning Staffrecommends Council approve Rezone Request #R 03-009.
The Public Hearing was closed at 6:42 p:m.
10. Council to consider approval or other action regarding an ordinance amending the Code of Ordinances of the
City of La Porte, Chapter 106, more commonly referred to as the Zoning Ordinance of the City of La Porte,
by changing the zoning classification of that certain parcel of land.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Anmstrong read: ORDINANCE 1501-HHH and R-03-009 - AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTS, BY
CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN
City. Council Regular Meeting and l~ic Hearing -January 12, 2004 -Page 4
DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 1501-HHH and R-03-.009 as presented
by Mr. Finan. Second by Councilmember Young. The motion carried.
Ayes: Griffiths, Engelken, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
11. Council to consider approval or other action regarding consideration to hold a public hearing to receive any
citizen input on the proposed Paving Design Criteria and consider approving a resolution adopting the Paving
Design Criteria Chapter of the Public Improvements Criteria Manual. (previously tabled at the November
10, 2003 Council Meeting)
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions. regarding.
Assistant City Attorney John Armstrong read: RESOLUTION 2003-27 - A RESOLUTION ADOPTING A
PORTION OF THE "PUBLIC IMPROVEMENT CRITERIA MANUAL"("PICM") CALLED FOR IN
ORDINANCE 1444 OF THE CITY OF LA PORTE (THE DEVELOPMENT ORDINANCE OF THE CITY
OF LA PORTE), RELATING TO PAVING DESIGN CRITERIA AND IMPROVEMENTS; MAKING
CERTAIN FINDINGS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETING LAW; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilmember Ebow to approve Resolution 2003-27 as presented by Mr. Finan.
Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
12. Council to consider approval or other action regarding lifting the limitation of consent of the City; Council
may deny the request; or Council may grant only certain improvements be allowed. (previously tabled at the
November 10, 2003 Council Meeting)
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2003-2679 - AN ORDINANCE AMENDING
RESTRICTION CONTAINED IN DEED FROM THE CITY OF LA PORTE TO ROBINSON CAPEN AND
WIFE, MARIAN V. CAPEN, DATED SEPTEMBER 11, 1995, ON A PORTION OF LOT 5, BLOCK 3,
SHADY RIVER, SECTION 2, HARRIS COUNTY, TEXAS, TO PROVIDE THAT THE RESTRICTED
PROPERTY MAY BE USED AS A DRIVEWAY EASEMENT, FROM OAK LEAF AVENUE TO THE
ADJOINING PROPERTY ON THE SOUTH; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young to approve Ordinance 2003-2679 granting_permission for
driveway consent only as presented by Mr. Finan.
Second by Councilmember Beasley. The motion carried.
City Council Regular Meeting and l~ic Hearing -January 12, 2004 -Page 5
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None - -
13. Council to consider approval of or other action regazding Ordinance 1168-B in directing the Fire Chief and
Fire Mazshal to assist Mr. Gray, if possible, in providing alternatives to a fire hydrant within 300 feet;
Council may take no action on the ordinance and direct staff to work with Mr. Gray in the extension of a
water line and possible district for assessing the cost, or; Council may take no action, in which Mr. Gray, to
develop water to the site, would have to extend water service at his own expense: -
.. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Planning Staff recommends establishing a PID to develop the azea.
Assistant City Attorney John Armstrong read: ORDINANCE 1168-B - AN ORDINANCE AMENDING
ORDINANCE NO. 1168, SAID ORDINANCE REGULATING THE DRILLING OF WATER WELLS
WITHIN THE CITY; PROVIDING EXCEPTIONS; REGULATING THE USE AND SALE OF WATER
WITHIN THE CITY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED A SUM OF NOT MORE~THAN FIVE HUNDRED DOLLARS($500.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SAVINGS CLAUSE AND A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Beasley to table Ordinance 1168-B indefinitely in order to review
developing a PID as presented by Mr. Finan. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
14. Council to consider approval of or other action regazding payment of $172, 000.00 to the Harris County
Treasurer in execution of the interlocal agreement signed by the City of La Porte on October 20, 2002 to
facilitate construction of the Fairmont Parkway left turn and deceleration lanes.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Motion was made by Councilmember Griffiths to approve payment of $172,000 to the Hams County
Treasurer as presented by Mr. Finan. Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None - -
Abstain: None
15. Council to consider approval or other action regazding an ordinance appointing two alternate members to the
City of La Porte Audit Committee.
Mayor Malone presented summary and recommendation and answered Council's questions.
Councilmember Ebow nominated Councilmember Beasley, and Councilmember Mosteit nominated
Councilmember Griffiths.
City Council Regular Meeting and lic Hearing -January 12, 2004 -Page 6
Motion was made by Councilmember Beasley to approve appointing Barry Beasley and Peter Griffiths as
alternates to the City of La Porte Audit Committee. Second by Councilmember Young. -The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley and Malone
Nays: None
Abstain: None
16. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle reminded Council of the Chamber of Commerce Annual Membership and
Installation Banquet on January 22, 2004 at Sylvan Beach Pavilion and the Bay Area Houston Economic
Partnership 2004 Annual Banquet on January 23, 2004 at South Shore Harbour Resort.
17. COUNCIL COMMENTS
Councilmembers Engelken, Ebow, Griffiths, Malone, Beasley, Young and Mosteit had comments.
18. 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 E%CLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
551-071- (Legal Matter) Meet with City Manager and,City Attorney to discuss potential claims.
551-071- (Pending Litigation) Meet with City Manager and City Attorney to discuss pending litigation.
Council retired to Executive Session at 7:26 p.m.
19. CONSIDERATIONS AND POSSIBLE ACTION ON IT_ EMS CONSIDERED IN EXECiJTYVE
SESSION
There was no action taken during Executive Session.
20. There being no further business to come before Council, the Regular Meeting and Public Hearing Meeting
was duly adjourned at 8:48 p.m.
Respectfully submitted,
Martha Gillett
City Secretary
Passed and approved on this 26th day of January. 2004
~~~~
G~~~
N rman Malone, Mayor
1i8~~~JIE~~'- }F®~ cCg~'ZY ~®~t~~IL AtGIEI~t~ ~~'IEI~
Agenda DDate ]Requested: Manua 26 2004 Annronriation
IIiequested ]By: Stephen Y.. parr
Department:
Yteport: X Ildesolution: ®rdinance:
~ahibits: IIdeport
Sofirce of Ilrunds:
Acct Plumber:
Amount Eudgeted: PI/A
Amount Htegaested: PI/A
l~xhibits•
]Exhibits:
~Nl~][t~Y ~ l[8~~®I~IElVDA7CII®1~
The attached report outlines the requirements and steps necessary for inclusion in the Tree City, U.S.A.
Program sponsored by the National Arbor Day Foundation. Membership in the Tree City, U.S.A. program
will involve changing some of the things we do, particularly in the area of Parks & Recreation.
Administratively, if Council directs, there will be an additional Board and/or a new PBcRD division to
manage and monitor. The program participation requires re-approval annually to assure that each
requirement is continually met. In the long run, the benefits of such a program such as beautification,
establishment of greenways, future development control, and others, far outweigh the costs and effort
involved in its implementation. Staffrecommends that the City pursue participation in the Tree City, U.S.A.
program.
coon eceu~re v ounc
Give staff direction regarding the City of I,a Porte's participation in the Tree City, U.S.A. program
sponsored by the National Arbor Day Foundation.
A¢~wroved ffor City Council Agenda
~-~o-d~
Debra Feazelle, City anager Date
The National
'Arbor Day Foundation.
free ~i~r u.S.A.
~rr~r~rft~ fir L~ P~~
•
ovenrioar of eenefit~
Tree Gty, U.S.A. is a program established by the National Arbor Day Foundation. Becoming a Tree City
U.S.A. provides initial direction for an urban or community forestry program. Like the first rungs on a
ladder, the standards help get a community started sward annual, systematic management of its tree
resources.
• Education begins with discussion of the standards and getting organized th apply for Tree City
U.S.A. status. It continues as the desire for Tree Gty U.S.A. recognition leads to contacts with
the state forester's staff. In tum, this can set in motion aid from a variety of .professionals in the
form of technical advice, literature, films, and other assistance.
® A cpmmunity's Pu~iclmage is a very real phenomenon and important in many ways. Being a
Tree Gty U.S.A. helps present the kind of image that most citizens want to have for the place
they live or conduct business. The Tree City U.S.A. signs at community entrances tell visitors that
here is a community that cares about its environment. It is also an indication th prospective
businesses that the quality of life may be better here.
m Pride is sometimes a less tangible benefit. Gaining and retaining Tree Gty U.S.A. recognition is an
award th the tree workers, managers, volunteers, and others who work on behalf of better care
of a community's trees. Non-involved citizens, too, often share a sense of pride that theirs is a
Tree City U.S.A. This may translate to better care of trees on private property or a willingness do
volunteer in the future.
• Finanva/Assis7ar~ Pnference is somel~mes given bo Tree Gty U.S.A. communities over other
communities when allocations of grant money are made for trees or forestry programs. The
reason is that there are invariably more requests than available funds when grants are available
through state or federal agencies. If r~uests are equally worthy, some officials tend do have
more confidence in communities that have demonstrated the foresight of becoming a Tree Gty
U.S.A.
• Presentation of the Tree City U.S.A. award and the celebration of Arbor Day offer excellent
publicity opportunities. This results not only in satisfaction for the individuals involved and their
families, twt also provides one more way do reach large numbers of people with information
about tree care.
l~eauirremeetts for Membership
To qualify for Tree City U.S.A., a town or city must meet four standards established by The National
Arbor Day Foundation and the National Assoaation of State Foresters. These standards were established
tJO ensure that every qualifying immunity would have a viable tree management plan and program. It is
important to Hobe that they were also designed so that no community would be excluded because of
size.
A Tree Board ~ll~parimen~ Someone must be legally responsible for the care and management
of the community's trees. This may be a professional forester or arborist, an entire forestry
department, or a volunteer tree board. Often, both a professional staff and advisory tree board
are present, which is a good goal for most communities. A tree board, or commission, is a group
of oonc~rred volunteer citizens charged by ordinance with developing and administering a
wmpreher~ive tree management program. Balanced, broad-based community involvement is
encouraged. Boards function best if not composed entirely of tree-related professionals such as
forestry professors, nursery operators, arborists, etc. Citizens add fresh ideas and different
perspectives with an interest in trees that is entirely avocational. Limited, staggered terms of
service will prevent stagnation or burnout, while at the same time assuring continuity.
o A Tree Care Ordinance. The tree ordinance must designate the establishment of-a tree board or
forestry department and give this body the responsibility for writing and implementing an annual
community forestry work plan. Beyond that, the ordinance should be flexible enough to fit the
needs and circumstances of the particular community. A tree ordinance provides an opportunity
do set good policy and back it with the force of law when neossary. Ideally, it will provide clear
guidance for planting, maintaining and removing trees from sheets, parks and other public
places.
o A Foresby Program with an annua/ budget ofat /east $2,raer capita. Evidence is required that the
community has established a cemmunity forestry program that is supported by an annual budget
of at least $2 per capita. At first, this may seem like an impossible barrier do some communities.
However, a little investigation usually reveals that more than this amount is already being spent
by the municipality on its trees. If not, this may signal serious neglect that will cost far more in
the long run. In such a case, working toward Tree City U.S.A. recognition can be used to re-
examine the community's budget priorities and re-din~,t funds to properly care for its tree
resource before it is too late. ideally, this standard will be met by focusing funding on an annual
work plan developed after an inventory is completed and a report is approved by the city council.
Such a plan will address species diversity, planting needs, hazardous trees, insect and disease
problems and a pattern of regular care such as pruning and watering.
o An Arbor Dray Observance and Pradamation. This is the least challenging and probably the most
enjoyable standard to accomplish. An Arbor Day celebration can be simple and brief or an all-day
or all-week observation. It can be a simple tree planting event or an award ceremony that honors
leading tree planters. For children, Arbor Day may be their only exposure to the green world or a
springboard to discussions about the complex issue of environmental quality. The benefits of
Arbor Day go far beyond the shade and beauty of new trees for the next generation. Arbor Day is
a golden opportunity for publicity and to educate homeowners about proper tree care. Utility
companies can join in to promote planting small trees beneath power lines or being careful when
digging. Smokey Bear's fire prevention messages can be worked into the event, as can
conservation education about soil erosion or the need bo protect wildlife habitat.
The process of becoming a Tree City, U.S.A., should Council choose to pursue this endeavor, will take
about a year.
i. The first step would be to establish either a Tree Board or a separate Forestry Department. Since
our city is too small to have a dedicated forestry department or a professional forester, we could
incorporate a "Forestry Division" into the Parks & Recreation Departrnent, and move the tree
expenditures we already make, into that Division. Or, as an alternative, the city could establish a
Tree Board. As discussed earlier a Tree Board, made up of citizens appointed by Council, staff
and possibly even Council members, can write and implement an annual community Forestry
Work Plan for the Gty. Another option is to do both; add a division and create a Tree Board.
2. This Forestry Work Plan can then be the guide for development of a comprehensive Tree
Ordinance that will guide the~City's efforts in tree preservation, planting, beautification efforts,
education, and other beneficial uses of trees for La Porte. Using the input of local citizens, our
community can select provisions and develop language that will yield an ordinance that is
uniquely suited to our needs and desires.
.~ _
3. We already approach a per capita expenditure of $2 when our current work with trees is -
aon5idered: - - .
o Annual tree pruning in parks and on Fairmont Parkway
. - o Tree farm costs, irrigation, re-potting, planting, ebc.
o Special landscaping (i.e. City Hall, Little Cedar Bayou, etc.).
Tree removal costs _ _ .
o .Public Works tree work (on street rights of way, etc.)
o Golf Course tree work (removal,. pruning, and planting)
We will identify an approximate value of expenditures for the current fiscal year and adjust next
year's budget, if needed, to meet the required budget number of approkimately $66,000.
4. The celebration of Arbor Day (last Friday in April which is April 20, 2004) can be accomplished
with ease through the Parks & Recreation~Department. We can schedule for a seedling give-
away again in conjunction with the La Porte Garden Club, and other activities to promote trees. A
Proclamation can be issued by the Mayor to. meet this part of the requirements
If City Council wishes ~ proceed with implementation of this program, we would join .fifty-i~ree other
Texas cities that are already in the program:- Membership in the Tree City, U.S.A. program will invdve
changing some of the things we do, particularly in. the area of Parks & Recreation. Administratively, if
Coundl directs, there will be an additional Board and/or a new P&RD division to manage and monitor.
The program participation requires re-approval annually to assure that each requirement is ~ntinually
met. In the long run, the benefits of such a program such as beautification, establishment of greenways,
future development control, and others, far outweigh the costs and effort involved in its implementation.
Staff recommends that the City pursue participation in-the Tree saty, U.S.A..program.
IlB~E~~JIE~~ ~®R ECg'~'~Y cC®~TcCgIL A1~lEI`~A~ ~'1C}EI~
Agenda Bate ]requested: ~auuarv 26.2004 / /~ Annrnnriation
Requested ay: Stephen 1;.. aa~.~Gl Source of IIhands:
Bepartment: Parlks der lEResreatiaed ~ ~ Acct PTumber:
yteport: X ][desolation: ®rdinance:
lrahibits: Report
Eahibits•
]Eahibits• .
Amount l$udgeted: Pi/A
Amount Requested:
lei/A
S ~ ~ ~C®l~l`~A7CH®RT
The attached report outlines the benefits and requiremetrts necessary to become an affiliate of the Keep
Texas Beautiful program. The Keep La Porte Beautiful program as a part of Keep Texas Beautiful, will
involve getting the community, businesses, and corporations involved in our beautification efforts.
Administratively, this program will require participation by the City in the form of gaining, volunteer
coordination and community involvement initiatives. The program participation requires an annual report on
progress and an annual affiliation fee. The Keep La. Porte Beautiful program dovetails nicely with the Tree
City, U.S.A. program in that they both emphasize environmental issues as well as beautification. In the long
run, the benefits of such a program far outweighs the costs and effort involved in its implementation. Staff
recommends thatthe City pursue participation in the Keep La Porte Beautiful program for our city.
coon eawre v ounc
Give staff direction regarding the City of La Porte's participation in the Keep Texas Beautiful program.
Aonroved for Citv Council Agenda
~ o ... O
1Debra lFeazelle, City l~[anage Date
~-~ -
:;~~,
Keep La Porte Beautiful
Program for La Porte
In 1967 a group of Texas leaders had a vision th make Texas the cleanestr most beautiful state in the nation. The
vision is alive and vrell today in the statewide network of partnerships that are the heart and soul of Keiep Tema
6iea~ilri~ /Cegv T~s Beauhf"ri/achieves its goad through a unique synergy that involves government, business,
civic groups and wlunteers to address litter prevention, solid waste managemen#, recycling, composting,
beautification, and general community improvement. Clean communities boost tourism. More than 180 million
people visit Texas every year, with a $40.3 billion impact on the Texas economy. As of this year, 335 towns, cities,
and counties in Texas have become affiliates of Keep Texas Baaulifu/in an effort to make their communities more
appealing to tourists and potential businesses and residents.
Last year, member support helped Keep Texas Beautiful accomplish the following:
o n 26,808 miles of highway, 58,990 miles of streets, 1,161,608 acres of parts, and 3,204 miles of
waterway
® Serve as the grassroots arm of the Texas Department of Transportation's Don't Mess with Texas litter
prevention campaign and Adopt~a-Highway program
® Train 2,175 educators with the Waste in Place curriculum for grades K-8
® Reform $10.26 in donations and serrvis for every public dollar provided th the KEEP TEXAS BEAUTIFUL
affiliate r>~work
a ll~ucabe Texans, young and old, about the value of proper solid waste management and recycling
• aVorir with the Texas Commission on Environmental Quality th administer the Lake and River Cleanup
Program, and with the Texas Forest Service th sponsor the Arbor Day poster contest
• Reo~n~e individuals, businesses, and civic organizations for their commitment th a cleaner, healthier
environment through the Keep Texas Beautiful awards
• Revdard communities for environmental excellence through the Governor's Community Achievement
Awards in cooperation with the Texas Departrnent of Transportation
Kegv T~Beaublr~/designates the title of "affiliate" to qualifying tides and ceunties that scek to improve their
communities through litter prevention, beautification of their environment and waste reduction. Affiliates receive
free resouroes and materials th hold cleanup and beautification events, services and training, and access th other
affiliates in the network and state agency partners.
Kegp T~ Beauli/u/, tfie nonprofit state affiliate of Keep America Keautiful, strives to empower Texans
through education to take responsibility for enhancing their community environment. Kew Texas ~ubyri/work
with volunteers, elected officals, businesses and state and federal agencies to ensure that every Texan has the
opportunity to take ind'nridual responsibility for malting Texas the cleanest, most beautiful state in the nation.
The /'Ce~gv Texas S~ulilu/s affiliate program has three major goals:
1. to increase an affiliate's interest in litter prevention, slid waste management and beautification
2. to enable affiliates already involved in the KEEP TEXAS BEAUTIFUL program to fulfill their oommitrnent
3. to encourage and help affiliates apply th the Keep America Beautiful system
The programs KEFP TFXASBEAUTIF[/L promotes, such as the Great American Cleanup (GAC) and Dons Mess with
Texas Trash-Off, are primarily volunteer-driven. At many cleanups, one hundred percent of the worl~orce is made
up of volunteers. This high rate of volunteerism results in an average of $10 in services returned for every public
dollar donated to KEEP TEXAS BEAUTIFUL and its affiliates. Many cities see this return as So beneficial that they
make KEEP TFX45BEAUTIRIL programs part of the city budget. The program offers grants and awards to affiliate
communities that promote beautification initiatives and recognition throughout Texas.
To implement the Keep Texas Beautiful program in La Porte, the following requirements are nece~ary:
Submit an application with an infial entry fee of $75
o Pay annual $75 Affiliate dues
o Complete a short annual report
o Attend a KEEP TEXAS BEAUTIFUL training session annually: local or regional training or annual rnnference
The Keep La Porte Beautiful program as a part of /Ce~ev Texas Beaul/fu/, will involve getting the
community, businesses, and corporations involved in our beautification efforts. Administratively, this
program will require partiapation by the City in the form of training, volunteer coordination and
community involvement initiatives. The program .participation requires an annual report on progress. The
Keep La Porte Beautiful program dovetails nicely with the Tree City, U.S.A. program in that they both
emphasize environmental issues as well as beautification. In the long run, the benefits of such a
program far outweighs the costs and effort involved in its implementation. StafF recommends that the
City pursue participation in the Keep La Porte Beautiful program for our city.
C
Agenda IAate Requested:
Requested ]By: Stephen ][.. ]Barr
-Department:
Report: X Resolution: ®rdinance:
Ea6ibits:
Eahibits•
Exhibits:
•
Q:~g. L~~u~~~~ ~~~~
of II~ands:
Acct Number:
ADDCODI'latlOn
Amount Budgeted: N/A
Amount Requested:. N/A
S~JR~l[8X ~i ][tE~®l~IERTDDAT][®1~T
The attached report outlines the benefits and requirements necessary to implement a Voluntazy Contribution
Plan to benefit beautification and trails initiatives for the City of La Porte. The Voluntazy Contribution Plan
can be a tangible asset to the City of La. Porte, funded by people who care about making I.a Porte a better
place to live. The real advantage of this program is that it is strictly voluntary. Residents can choose to
participate or not, much like the campaign contribution block on the U.S. tax returns. It's relatively painless
and can make a tremendous difference in funding the quality of life issues such as Keep La Porte Beautiful,
and Tree City U.S.A., and our trail system that were so important to our resideirts as indicated in the Pazk
IVlaster Plan and the City's Comprehensive Plan Update. Residents, businesses, and anyone who pays a water
bill can participate, and by doing so, contribute to the improvement of these quality of life issues for our city.
Staff recommends that the City Council consider implementation of the Voluntary Contribution Plan for
Beautification and Trails Initiatives for La Porte.
coon l[aeceuired v ouncil:
Give staff direction regarding the City of La Porte's participation in the voluntary utility :billing program to
benefit beautification and trails initiatives in La. Porte.
Ae~uroved for Citv Council Agenda
ebra ]Feazelle, City Ah[anager
_~.0 - ~
Date
• ~
Voluntary. Contribution Plan
~o Benefit Beautification and Trails -Initiatives
for L-a Porte
In 1 g8i tits CEty~oflrving impVemented a Vo%ntary ~~or~tyrib P/aEi fig Land e~aq -Ir~r-the
aty. Sinae that time, ~ ta-ty has ~eived over $620,000 that has been used to acquire additrona/
parkland forthe aty. - The,wngram is a very simple one. Residents who choose to, mark a biox on their
uti%ity by%% to pay a voluntary $1 [~iribubon help tv expand p~an~ spade tfiroughout tfie a-ty. Ab~vut
$15,000 is a~//eefeoo- eaidi year from r~aeer~is rvtio either dbnala° $i, or dioa~ to rofirid tip it~r uli/itji
-bier-m -the next~do/ra~ mat money is cad ~tn expand ~exisGrng,aar~k~spacae ~or purchase /and ~~r new pares
Thane who dmeoae not in participati° can ignore the ~i donation on tfieir bi//. Residents who wou/d
rathermund up d~irbi//s to ifie next do//ar can avntact ifie city's custnmers~vic~ of/ic~ and they wi//
,wogram their a+arounts ta7 auinmatica//y rr~und up and o~aost die dil9~renc~ to tfie Park aarount=.
Other Texas cities, such as .Euless, have implemented .similar programs to .bereft .beautification or trails
or other special parks projects that have been earmarked for special funding. The City of Huntsville
offers voluntary oontributwns for youth scholarship programs, the City of Galveston offers a voluntary
contribution program for EMS services for their ]amaica Beach station, and the City of Raleigh, North
Carolina offers a voluntary contribution plan do fund trees along street rights of way in the city. These
are examples of other uses for this type of program in other sties.
The amount contributed by individuals or businesses can vary based on how the program is set up.
Several boxes can be inserted into the utility bill giving participants the choice of whatever contribution
they dtoose bo give. Ms. Alexander has indicated that, except for the rounding up portion, the Finanoa
Department has the capability to implement this program without the need for any additional equipment
or software. ~ ~ -
Should the City Council choose do implement the Voluntary Contribution Plan for Beauiafication and Trails
in La Porte, the following steps would be appropriate:
o Develop and pass an Ordinance authorizing the program
o~.. Set up procedures in the Finance Department th establish voluntary participation in the program.
' Exoerptied from tl~e Dla//as Pibming /l~rvs; Wednesday November 26, 2003.
r:
•
o Promote the program through newspaper or utility billing inserts to introduce the public to the
idea and to promote .its use as a tool to improve La Porte's image as a great place to live and
play.
o Use the resulting fund to implement the Tree City U.S.A. and Keep La Porte Beautiful programs
as well as supplemental funding for new trail segments for the city.
The Voluntary Contribution Plan can be a tangible asset to the City of La Porte, funded by people who
care about making La Porte a better place to live. The real advantage of this program is that it is strictly
voluntary. Residents can choose to participate or not, much like the campaign contribution block on the
U.S. tax returns. It's relatively painless and can make a tremendous difference in funding the quality of
life issues such as Keep La Porte Beautiful, and Tree City U.S.A., and our trail system that were so
important to our residents as indicated in the Park Master Plan and the City's Comprehensive Plan
Update. Residents, businesses, and anyone who pays a water bill can participate, and by doing so,
a~ntribute to the improvement of these quality of life issues for our city. Staff recommends that the City
Council consider implementation of the Voluntary Contribution Plan for Beautification and Trails
Initiatives for La Porte.
I~Q~T FOR CITY COUNCII. A~A Il'A'EA~Y
Agenda Date Requested: Janua 2 2 4
Requested By: Nick Itinan
Department: Plannin
Report: Resolution: ~ Ordinance:
Exhibits:
Ordinance
Letter from Planning Director to the Assistant City
Attorney
Response from the City Attorney's Office
Draft Letter
Aoorooriation: N/A
Source of Eunds: N/A
Account Number: N/A
Amount itudgeted: N/A
Amount Requested: N/A
I;udgeted Item:
SiJMI'VIARY & RECO1dI1V~1VDA~®l~I
City Council directed the staff to assess and make recommendations on which portion of the amended
zoning ordinance regulations relating to the outside storage of shipping containers were immediately
enforceable. Recently, staff researched this item and gathered some information to determine
enforceability of the ordinance. Staff reviewed the ordinance and forwarded comments to the City
Attorney for his review. A copy of the letter is attached. The City Attorney's response is also attached in
this regard. At this time, staff wants to present to City Council an outcome of the review before it
proceeds with its enforcement.
Action Reaaaired by Cou®cil:
Staff is presenting this workshop item for direction on enforcing the shipping containers ordinance.
A®aroved foa~ Cflty Council Agenda
/-~v- ~
IlDe n~a ~roo&s Feazelle, Caty anager I9ate
•
ORDINANCE NO. 1501- `~'T....
AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-521, TABLE A-
INDUSTRIAL USES, SECTION 106-522, TABLE B-INDUSTRIAL AREA
REQUIREMENTS, SECTION 106-751, SHIPPING CONTAINTERS, AND SECTION 106-
800, LANDSCAPING, OF THE CODE OF ORDINANCES OF THE-.CITY OF LA PORTS,
AS SAID SECTIONS PERTAIN TO SHIPPING CONTAINERS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A~ SUM OF
NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION;
FINDING COMPLIANCE WITH. THE OPEN MEETINGS LAW; PROVIDING A SEVERA-
BILlTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE lT~ORDAINED ~BY THE CITY COUNCIL OF
THE CITY OF LA PORTS:
SECTI®N 1. The City Council of the City of L.a Porte hereby finds, determines and
declares that heretofore, to-wit, on the 17 day of February, 2000, at 6:00 p.m., a public
hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice, to consider the question of the possible amendment of the
Zoning Ordinance as herein described. There is attached to phis Ordinance as, Exhibit "A",
and incorporated by reference herein and made ~ a part hereof for all purposes, the
publisher'saffidavit of publication of notice of said hearing. ~ ~.
SECTIOi~ 2. ~ The. City Council of~ the City of La Porte is in receipt of .the written
recommendations of the City of L.a Porte Planning ~ Zoning Commission, by letter dated
March 15, 2000, a ~ true copy of which letter is attached hereto as Exhibit "B," and
incorporated by reference herein, and made part hereof for all purposes.
SECTION 3. The Ciiy Council of the City of La Porte hereby finds, determines and
declares that on the 27~' day of March, 2000, a public hearing was held before the .City
Council .of the City of La Porte, Texas, pursuant ~ to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
-
ORDINANCE NO. 1501= ~--~-
- PAGE 2
attached to this Ordinance as Exhibit "C"., and incorporated by reference herein and made
a part hereof for all purposes, the publishers affidavit of. publication of notice of said
hearing. ~ ~ ~ ~ ,
SECTION 4. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied; and hereby determines and
declares that the. amendments to Sections 106-521, Table A-Industrial Use, and 106-522,
Table B-Industrial Area Requirements, 106-751, Shipping Containers, and 106-800,
.Landscaping, of the Code of Ordinances of the City of La Porte are desirable and in
furtherance of the goals-and objectives .stated in the City of La Porte's comprehensive
plan. ~ ~~
- SECT101V 5. Section 106-521 of the Code of Ordinances of the City of La Porte, Texas. is
hereby amended to read as follows, to-wit -~ -
"DIV1S10N 4. INDUSTRIAL DISTRICT REGULATIONS -
Subdivision L. Generally
Sec. 106-521. Table A, industrial uses.
(a) Table A, industrial uses.
P (ABC) -Permitted uses (subject to designated criteria established in section 106-523). - -
P -Permitted uses.
A -Accessory uses (subject to .requirements of section 106-741).
C -Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-523). - ~ ~ --~
* -Not allowed. -~ ~ ~ ~ ~ ~ ~ - -
ORDINANCE NO. 1501- 1-~
. PAGE 3
Uses (S1C Code #)
Zones
B! ~ LI .
All uses permitted or accessory in the GC
. zone, except residential ~ ~ P ~ P
All uses conditional ~ ~ C . C
in the GC zone, ~ .~
except residential
Nonmanufacturing Industries:
HI
P
C
Adult oriented business ~ ~ . *~' P(G)
Air transportation (451-458) ~ ~ p p ~ p
General contractors, heavy construction - P P ~ ~ P
(161, 162, 1541) ~ ~ .
Highway transportation terminal and ser--. ~ ~ . P ~ P ~. ~ ~ . p
. Vice facilities (417)
Motor freight transportation and ~ _ . p p ..
And warehousing (421,423) ~ ~ . ..
Farm product warehousing and storage ~ ~ p . p
(4221) ~ ~ ~ ~ ~ _ ~ ~ ~ .
Public warehousing (4222-4226) p _ ~ p ~ P
Railroad transportation (401) ~ ~ * ~ ~ P ~ .
Shipping container, or fabricated plate work
(3~) ~ ~ ~ -
Storage inside .. ~ P.(ACDE) :P(ACDE) ~ ~ P ~~
Storage outside (refer to Section 106-d44(b)) .. ~ P(ACDE) .
Wholesale trade:
Durable goods-light (502, 504, 507, 5082, ~ ~ ~ P ~ P P
5087, 5094) ~ ~ ~ ~ -.
ORDINANCE NO. 1501=~.~
PAGE 4
Uses (S!C Code #)
~
=. ~ ~ ~ Zones ~
. ~ BI ~ U ~ ~ HI
Durable goods-medium (501) P P P
Durable goods--heavy (503, 5051, 5082- * ~ C P
5085, ~ 5088) ~ . ~ ~ . .
Durable goods-heavy (5052, 5093) ~` * p
Wholesale trader
. Nondurable goods-light (511-514, 518) P P ~ ~ ~ P
Nondurable goods-medium (5172, 5191- .C
~ P~ P
5199) ~ ..
Nondurable goods-heavy (515, 516, 5171) * ~ P
Manufacturing Industries:
Chemicals and allied products (282-285) P(ACDE) : P
Electrical and electronic equipment _ ~ . ~ . ~ .
and supplies
Light{361-365, 367) ~ P(ACDE) P(ACDE) ~ P~ .
Medium (361, 366, P(ACDE) P(ACDE) . P
.369)
Fabricated metal products and machinery ~ ~ ~~
Light (341.-345, 358, 3592) ~ ~ ~ P(ACDE) P(ACDE) P ~ ~ .
Medium (3493, 3498, 351-353, 356) ~ P(ACDE}. P
Heavy (346, 347, 354, 355, 357) ~ ~ ~" ~ ~ P(ACDE)~ . P
Heavy (348) * ~~ - * . P.
.Food .and kindred products ~. ~ ~ ~ . ~ ~ ~ ..
Light (202, 205; 2065-2067) ~ P(ACDE) P(ACDE). ~ P
ORDINANCE NO. 1501-Z~
PAGE 5
Uses (S!C Code #)
Medium (2086, 2087, 2092-2099)
Heavy (201, 203, 204, 2062, 2063, 207,
2082-2085)
Leather and leather products (311.-319)
Welding shops (7692) .
Lumber products, furniture and fixtures
Light (251-259)
Medium (243-245) ~ ~ ~ .
Heavy~(249) ~ .
Measuring, analyzing and controlling. ~ .
Instruments (381-387) .
Miscellaneous manufacturing
(391--396)
.Machine shops (3599)
Miscellaneous manufacturing industries
(3991-3995)
Off-premises freestanding signs ~ .
On-premises freestanding signs
Paper and allied products (265-267)
Printing and publishing (271-279)
Rubber and miscellaneous plastics (301,
302, 304, 306, 307)
Stone; clay, glass and concrete (321-325,
3261, 327-329)
Zones
8l L1 ~ ~ HI
C P(ACDE) .P
C ~ P
C ~ ~ P(ACDE) P~.
P(ACDE) ~ P(ACDE) ... ~ P
P(ACDE) P(ACDE) ~ ~. P
C ~ P(ACDE) ~ P
C.. .
P
P(ACDE) P(ACDE) ~~. P
. P(ACDE)- P(ACDE) P
P(ACDE) P(ACDE) P .
P(ACDE) ~P
See article VII of this chapter
See article VII of this chapter
~P
P(ACDE) P(ACDE) P
C ~ P
. ~ ~C~ . P
.~
ORDINANCE NO. 1501-~3:Z
PAGE 6
Uses (SIC Code #)
Zones
Tank truck cleaning
Textile mill; and finished products
Light (224, 225, 231-239)
Medium (222; 223, 226, 229)
Tobacco manufacturers (21.1-214)
Loading berths at the front or sides of~
buildings adjacent to .R.O.W. .
Industrial PUD (refer to section 106-636)
Facilities in excess of height restrictions
imposed in section i 06-522 ,
Bl~ LI ~ Hl
* * ~ .
P.
P(ACDE) P(ACDE)
Unlisted uses, similar to uses listed above
* P(ACDE)
P(ACDE)
C ~ C
C ~. C
* *
C ~C
P
P
P
C
C~
C
C
(b) Interpretation: and enforcement. Property uses,- except as provided ~inr by
section 106-521(a), Table~A, are prohibited and .constitute a=violation of this chapter.
(c) .Footnotes. All permitted uses .in industrial zones must meet the following
minimum ~ performance standards: If requested by the enforcement ~ officer; ail
applications .for building permits must include a certification from a registered engineer
that verifies compliance with these performance standards. Where appl'tcabie; all
permitted uses in industrial zones must meet and be in compliance.with the appropriate
federal, state, or local regulations.
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light
away from any adjoining residential zone or from public streets. Direct or
sky-reflected glare, where from floodlights or from high temperature
processes such as combustion or welding shall not be directed onto any
adjoining property. The source of .lights shall be hooded or controlled in some
manner so as not to ~ light adjacent property. Bare incandescent light bulbs
~~ shall not be permitted in view of adjacent property or public right-of--way, Any
light or combination of lights which cast light on a .public street shall not
exceed one footcandle (meter reading) as measured from the centerline of
such. street. Any light or combination of lights which casts light on residential
property. shall not exceed 0.4 footcandles (meter reading} as measured' from
such property.
ORDINANCE NO. 1501-'~~
PAGE 7~
B. Radiation and electrical emissions. No activities shall be permitted that emit .
dangerous radioactivity beyond enclosed areas. There shall be no electrical
.disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
C. Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the appropriate federal, state or local agency.
D. Dust or other particulate matter The emission of dust, -fly ash or other
. particulate matter by any use shall be in compliance with. and regulated by the
appropriate federal, state or local agency..
E. Odors. The emission of odor by any use shall be in compliance with and
regulated by the appropriate federal, state or local agency. "
F. Explosives. No activities involving the storage, utilization, or manufacture of
materials or products such as TNT or dynamite which could decompose by
detonation shall be permitted except such as are specifically licensed by the
city council.
G. Noise. All noise shall be muffled so . as not to be objectionable due to
intermittence; beat frequency or shrillness and as measured at any property
. line, shall not exceed the following intensity in relation to sound frequency: .
Octave Band Frequency Maximum Sound L~ve/s -Decibels ~.
. H
Cycles per ~ Residential.
Second Lot Line _ District Boundary
20 to 75 ~ ~ 78 ~ 63
75 to 150 74 ~ 59 .
150 to 300 . 68 ~ 55 .
. 300 to 600 61 51
600 to 1,200 ~ ~ 55 ~ ~ 45 -
1,200 to. 2,400 49 38
2,400 to 4,800 43 ~ ~ 31
Above 4,800 ~ . ~41 ~ 25~
Impact Noise ~ 80 55
.Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels
beyond residential district boundaries (both Column II and.lmpact) shall be six ~.
decibels less than shown above.
ORDINANCE NO. 1501-
PAG E 8
In distances where it is determined that a proposed land use may generate a
level of noise that will impact on surrounding land uses, the planning and
zoning commission and city council may require that efforts to reduce the
potential noise impact be undertaken. These efforts may include screening,
landscaping and site planning techniques.
(Ord. No. 1501 CJ, § A(art. B), 9=23-96) ~.
Cross reference-Sexually oriented businesses, § 90-31 et seq."
SECTION 6. Section 106-522 of the Code of Ordinances of the City of La Porte, Texas is
hereby amended to read as follows:
"Sec. 106-522. Table.B, industrial area requirements. _ ~ ,
(a) Table B, industrial area requirements.
Adjacenf_fo
Residential
Uses
BI business-industrial park;
all permitted or conditional
LI light industrial district;
all permitted or conditional
HI heavy industrial district;
all permitted or conditional
Loading docks
Outside storage
Shipping Containers
On- and off-premises free-
standing signs
Freestanding on-premises
signs located in controlled ac-
cess highway corridors
"Minimum Maximum
Landscaping Lot
Requirements ~ Coverage
(percent) . (percent)
6 50
Minimum Minimum
Yard ~ Yard
Setbacks Setback
F.R.S. F.R.S. Maximum
1, 3, 5 2, 5 Height
(feet) (feet) ~ ~ (feet) .
50-40-30 50-40-30 45
6 70 20-10-10 30-50-50 ~ 45
6. 30 50-50-30 .100-150-150 456
N/A N/A 130-130-130 Same as N/A .
principal
use plus
130 ft.
N/A N/A 20-10-5 Same as Section 106-
. ~ principal ~ 444(b)
use
6 ~ N/A 50-50-30 100-150-150 36'' 6 .
See article VII of this chapter
See article VII of this chapter
ORDINAN -~~
CE NO. 1501 .
PAGE 9
(b) Foofnofes.
1~. A minimum landscape setback of 20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas; loading docks,
outside storage, and refuse containers will not be allowed in such. setback
areas. These areas are to be landscaped with trees, shrubs, and ground cover, .
with a planting plan required to be submitted and approved by the enforcement
.officer. Required landscaping must be maintained by the property owner and/or .
occupant.
2. No buildings, parking .areas, loading docks, outside storage; or refuse
containers will be allowed in such setback areas. These areas are to be
landscaped with trees, shrubs and ground cover, with a planting plan required
to be submitted and approved by the enforcement officer.:
3. Side and rear yard .setbacks may 'be reduced to zero if adjacent to railroad
right-of-way, or rail service spurs. ~ ~ ~ .
4. See article V, division 4 of this chapter for additional requirements.
5. No sign shall be located in a required sight triangle in such a manner as to
obstruct traffic visibility at a level between three feet and six feet as measured
above adjacent road grade.
6. Height restrictions may be modified as a Conditional Use, provided that no~
modification of~ height restrictions ~ may occur adjacent ~ to property zoned
residential or commercial. Provided further that no modification shall be
permitted if said modification would pose a danger to life or property. ~ _ .
7.: Shipping containers are permitted to~ be stacked up to four (4) containers
in height. ~ ~ .~
8. Shipping containers will be stacked in a `pyramid' appearance along the
front of the site. The initial row shall not exceed two (2) containers in
height, with each successive interior row gaining one container in .height
to a maximum of four (4) containers in height. For the sides beyond the
front area --`- "- ~ ---- ~^^, the `pyramid' appearance shall not be
required. ~ ~ . .
(Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-BB, § 6, 9-15-98)"
SECTION 7. Section 106-751, Shipping Containers, of the Code of Ordinances ~of the City
of La Porte, Texas is hereby amended to read as follows: ~ ~ ~ ~ ..
~. i
ORDINANCE NO. 1501 i 1
PAGE 10 ~ .
"Sec. 106-751. Shipping Containers:
Shipping containers may be used as temporary material~storage facilities
on construction sites in all zoning districts except residential (R-1, R-2, and R-3)."
SECTION 8. Section 106-800, Landscaping, of the Code of Ordinances of the City of La
Porte, Texas is hereby amended to read as follows: ~ ~ .~ ~ ~ ~~
"Sec. 106-800. Landscaping
(a)~ Landscaping is required in percentages specified in sections 106-333,'
106-443; . and 106-522. ~ Site .plan and/o[~ separate plans shall be submitted in
conjunction with building permit applications. Approval of landscaping requirements is
a condition of building permit approval.Total area of required landscaping shall be
computed by the following. method: .
(1) Total developed site area shall be computed..
(2) Total area, of roofed over improvements shall be computed and then
deducted from the developed site area. ~ .
(3) The area of required landscaping shall be based on the .total remaining
developed site are.
(b) Public right-of-way may be used for landscaping purposes. ~ However,
right-of--way used for landscaping wi(I riot contribute towards a total
.required landscaping percentage for parking and open-space areas.
Landscaping on public property or .easements is at .owner's risk and
subject to the requirements of section 106-794.
(c) Landscaping plans shall be developed using the following criteria: . .
(1)~ ~ ~ .Location.
a. Required landscaping shall be located in the front and .side yard. .
b. Landscaping located in sight triangles shall be .maintained in a
. manner that maintains an area of clear visibility between three and
six feet as measured vertically from the adjacent prevailing grade.
(2) Types of plants 'and materials. Grass, ground cover, flowering and non-
flowering plants, shrubs and trees, wood, timber, stone, fountains, ~ and
-ponds may be used for required landscaping. ~ ~ .
ORDINANCE NO. 1501=1:1_ _ ~,
PAGE 11
(3) ~ Mainfenance. Required landscaping must be maintained by the property
owner and/or occupant.
(d) Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This
will be accomplished in one of three ways.
a. Leave in place existing trees,. vegetation, .underbrush,. etc. ~to
provide a thorough, continuous and effective opaque visual
screening of the shipping container development.
. ~. b. Construct earthen berms with a combination of trees, shrubs,
.. and ground cover that after three (3) years will bet at leasat
. twenty. (20) feet in height and creates a continuous visual
screen. ~ ~ ~ ~ ~ ~ .
- c. Develop a screening, plan that would be approved by the City
. that includes a combination of trees, shrubs, ~ and ground
cover that after three (3) years will be at least twenty. (20) feet
in height and creates a continuous visual screen
(2) The property owner or tenant will provide screening along the.
. ~ frontage of the site and along the side yards for a distance of fifty .
(50) feet. In the advent that the site is adjacent to a commercial or
. residential use, the screening shall be required for the entire length .
. of the adjacent yard area. ~ ~ ~ .
(3) All required screening shall be adjusted away from overhead power .
lines to allow for full maturity of the trees without unnecessary
trimming or topping of the trees." .
SECTION 9. Any .person, as defined in~ Section 1.02(27) Texas Penal Code; who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation. ~ .
~. SECTION 10. 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
ORDINANCE NO. 1501=~ ~ ~.
PAGE 12
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of 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 11. 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 12. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
the caption to be published in the official newspaper of the City _of La .Porte at least twice
within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE DAY OF ~~I'1kCj-4 , 2000.
CITY OF LA PORTE
•I
.~
~`~
N~3RMAN MALONE,~Mayor ~ .
ORDINANCE NO. 1501-~~~
. PAGE 13
. ,
ATTEST:
By: ~ .
M RTHA G1 LETT,
City Secretary
APPROVED:
.~
ARMST~ONG,
Ciiy.Attomey '
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
. ~~®1Ce
re Sun
C~ 1~~`~~
City-of La Porte
County fo Harris:
State of Texas ~ ~ ~~
.• Before me the undersigned authority, on this. date .
came and appeared ~Karolyn_Kellogg; a. duly authorized
representative of The Bayshore Sun a semi-weekly .
. newspaper. published and generally distributed in-the
~~ ~ City of La Porte, Harris County, Texas, and who after
being duly s~,x~rn, swears the attached notice was
published in The 3ayshore Sun data3 01/30/2000
` r. ~r ! (•
~i ~ t ~ ~"7 1 ~~ 1 F
1 r .
Karolyn Kellogg
~a~thorized Representative ~ •
Sworn and subscribed before me this /~ 'f day of
x'11 ~tic.~~ 2000.
- ~~ ~ % f ..
. •rr- \
• SancL a E . Butttgarner
• ~ .Votary Public ~ .
. Ha171S COUntV, '.i'exaS
•• ~.~1!!!!!!!!!!!!l!!!!!!!t!~
,~ ~o~~'"~ °~4 ~ SANDRA E. BUMGARNER ~ ~ - .
(e®e NOTARY PUBLIC, STATE OF TEXAS
~' m~ ~ MY COMMISSION EXPIRES
`fi 'fe.oFtE} .FEB. 19, 2002 ~ •
O~1!!!!!!!!!1!!!!!!!1!!!!l~ -
~.
THE STATE OF TEXAS ;:
COUNTY OF HARRIS
CITY OF LA PORTE.
N~TI((~EE OF PUBLIC
l FARING
~ In. ~ acco ce
with the cons c-
oon 10 -17_ ode
of Ordi antes f the City
of La PoRe,.a~fti the provi-
sions of ~ the Texas Local
Government Code, notice
is hereby given that the l:a -
Porte Planning and Zoning
Commission will conduct a
public hearing'at 6:00'P.M.
on the 17th day of Febru-
ary, 1000, in the Council
Chambers of the City. Hall,
604 West Fairmont Park-
way, La Pone, Texas. The
purpose of this hearing is
to consider amendments
to the Zoning Ordinance of
the City of La Porte, per-
taining to location and/ or
outside storage of shipping
containers; and to consid-
er amendments to •Zoning
Ordinance- concerning re-
quirements established for
all .outside .storage of
equipment and other ma-
terials.
A regular meet-
ing , of ~ the Planning and
Zoning Commission wilt
follow the public hearing
for ffle purpose of acting
upon the public hearing
'items and to conduct other
matters pertaining to the
Commission. •
Citizens wishing
to address the Commis-
sion pro or con during the
.-Public. Hearing will be re-
quired to sign in before the
meeting is convened. .
CITY OF LA PORTE
Martha Gillett
City Secretary
•
March 15, 2000
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its February 17,.2000,
meeting, considered a proposed amendment to Chapter 106 of the Code of
Ordinances regarding the outside storage of shipping containers..
The Planning and Zoning Commission has, by a unanimous vote, recommended
that City Council consider approving this amendment to the Code of Ordinances.
Respectfully. Submitted,
..~,
Betty T. Waters
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
. John Joerns, Assistant City Manager .
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
I' ~, !, li~i~ 1 j ~ i o ~..I ~,~~I'I:. 1 •. ..~ ~ .~ _ . . ~ ~ s i, i ! ~ .... - ~E /iL~ i
~.
1200 Hwy. 146
Suite 150
P.O. Box 1414
La Porte, Texas 77571
1°l~e ~
`~oYCe.
281-471-1234
Fax: 281-471-763
E-mail: baysun r' swbell.net
re Sun
ce 1949'
THE STATE OF TEXAS
COUNTY OF HARRIS
City. of I,a Porte .
County~~~fo Harris
State ~of Texas
Before'me the undersigned. authority, on this date
came and .appeared Karolyn Kellogg, a.duly authorized
representative of The Bayshore Sun. asemi-weekly
newspaper published and generally distributed in the
City.~of La Porte, Harris County, Texas, and who after
being duly sworn, swears the attached notice was
published in The Hayshore Sun dated March 12, 2000
' /~ t.
~ r
(~ ~,
..: ~ ,
T .v ~ V '
Carolyn Kellogg
z~iithorized Representative
Sworn and stibscr• ibed befor• a me this J ~ "'- day of
~7'1~~ ~ 2000.
Pll!!lllllllllflllrl11lll~
l~ a.-'" °~.~ SANDRA E. BUMGARNER l~
l1 f®~ NOTARY PUBLIC, STATE OF TEXAS i
,1 m,, ~ MY COMMISSION EXPIRES `l
1 'r afs~} -FEB. 19, 2002 1
!!/l111111! 11111111111
~' ~,
t..,.-emu ~t*~s~lv}...~e,~
Sandra E . Bur garner
~lotary Pt~bl is ~ .
Harris COUnty, TexxdS
CITY OF LA PORTE
OF
_ n ~ acconiance
with prov of Sec-
tio . 06-1 1 ~of e
of rdin es ~ City
of La Porte and the provi-
sions of th .Texas Local
Government Code, notice
is hereby given that the La
Porte City Council will con-
dUCt apublic hearing at
6:00'P.M. on'the 27th day
of March, 2000, in the
Council Chambers of the
• City Hall, 604 West Fair-
moot Parkway, La Porte,
Texas..The purpose of this
hearing . is to consider
amendments to the Zoning
Ordinance of the City of La
Pone, pertaining to loca-
tion and / or outside stor-
age of shipping ~ntainers:
and to consider amend-
ments to the Zoning•Ordi-
nance.'conceming: require-
ments established .for all
.outside storage of equip-
ment and other materials.
A regular rpeet-
ing of City Council will [ol-
low the .public hearing for
the purpose of actlng, upon
the public hearing items
and to~ conduct gther mat-
ters pertaining . ~ to the
COUnCII.
Citizens wishing
to address the Council pro
or con. during the .Public
. Hearing will be required to
.sign in before the meeting
is convened. ~. .
.: CITY OF LA PORTE
''-• Martha~Gillett ~ : ~'
. City Secretary
. 1~~ s e • r r. a. ..,
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11Aemo
. Ta .John Armstrong, Assistant City Attorney .
rFe~ Nicholas Firian, Interim Planning Director ~ ~ .
~ Debra Feazelle, City Manager
John Joems, Assistant City Manager
December 15, 2003
~ ~ Shipping Containers
You asked that I speak to the new sections of .the Zoning Ordinance with respect to shipping
..containers. You wanted my thoughts on which aspects of the ordinance~are directly health and safety
so as to determine which sections could be immediately enforced versus those sections which ooukl
only be enforced on new or expanding businesses.
The first change in Section 10621 through 106-800 is Section 10622, Table B, Industrial Area
Requirements. The addition of shipping containers requires setbacks of 50 feet front and rear, and 30
feet side, and maximum height of 36 .feet
In my opinion, the setbacks assist in protection of. falling containers, provide emergency vehicle
maneuvering, maintain lighting and open air sparing; all life, health, safety issues.
Footnotes 7 ~ 8 to this section added the stacking requirements. I believe the height and pyramiding
effect are definitely safety related given the danger of the containers falling, their structural integrity, etc.
The last section, Section (d) under landscaping could also be considered safety. The requirements for
trees and berms help serve as obstacles or containment of the containers should they fall. While not
required on all sides, the .landscaping is required where more public is likely to be in contact or within a
close distance to the containers. Also, given the uniqueness of the containers, they could be
considered a distraction to the driving public partkxilarly if stalked several containers high.
I hope this assists you in preparation of your opinion. Attached is a draft letter we planned on sending.
Regardless of your findings, this first letter only seeks compliance voluntarily.
Attachments
_ •.
~®o Nick Fi I eri nning Director, City of La Porte
~e~u~a Jo rang, Asst. City Attorney, City of La Porte
E~~° ezealle, City Manager, City of La Porte
John ms, Asst. City Manager, City of La Porte
~: January 19, 2004
~~. Shipping Containers
From your memo to me dated December 15, 2003, my understanding is that you
desire my opinion concerning enforcement of our shipping container ordinance.
Under Ordinance 1501-II, the Planning & Zoning Commission and City Council
adopted three new restrictions in connection with the placement of shipping
containers. These restrictions are:
o Setback;
o Stacking;
® Landscaping.
As you so appropriately note in your memo, all aspects of regulation of shipping
containers mentioned above directly relate to health and safety concerns. As such,
immediate enforcement of violations of setback, stacking, and/or landscaping by
shipping container companies would be indicated, as the City is able.
Enforcement tools include issuance of citations in our municipal court; seeking an
injunction for an enforcement of our ordinance from State district court; or adopting a
new enforcement mechanism, i.e. a Building and Standards Commission, which
would permit the City of La Porte to summarily abate the nuisance after notice and a
hearing, and bill the owners of the properties for the cost involved in the compliance
(Obviously, this would not apply to landscaping, just the setback and stacking
requirements).
If you have any questions or comments, please do not hesitate to call or write.
® Page 1
January 16, 2004
Container Plus Sales & Services
102 E. Barbour's Cut Boulevard
La Porte, TX 77571
Subject: Shipping Container Ordinance
Dear Sir/Madam,
As you may or may not be aware, the City adopted an ordinance regulating the stacking,
landscaping/screening, and placement of shipping containers within the City limits of La
Porte. A copy of Ordinance No. 1501-II, dated 03-27-2000, is attached for your convenience.
Please take a moment to review the ordinance and determine if you are in compliance. If
you are not in compliance, at this time, we are requesting your compliance with the
requirements of this ordinance.
Once you are in compliance, please notify our oi~ice in writing so that we may schedule
an inspection to issue a certificate of compliance.
If you have any questions, I may be reached at (281) 471-5020, ext. 232. I will make
myself available to assist you. Thank you.
Sincerely,
Nicholas J. Finan
Interim Planning Director
/attachment
•
• i
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~~~~~up ~®~ required f®r ~ho~ stern
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MEETING HANDOUTS
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. , ..._ ~ I b:,li~r;l~~~llil~~~ll.~~l
A~IbT ~ul~®~~a: 12345
P include account number oa. ~........
CYCLE: 0 2 - 2 7
BILL DATE ~ 01/19/04
DUE DATE ~ 02/03/04
' OTAL DUE ~ 45.84
a '~ ~ r before due date
Pay 50.35
After 02/03/04
Amount Enclosed: $
A 10%i+ penalty will be assessed on balance it payment
is not received on or before the tlue date.
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
RETAIN THIS PORTION FOR YOUR RECORDS
PO BOX 184
LA PORTE, TEXAS 77572-1849
281-470-1403
,d n ;.
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.,
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.. ,
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o -o 0 0 0
17511-16670 12/03/03 1/06/04 34
COUNCIL DISTRICT #5
•DD- D'QQ
123 Anywhere UB 02 - 2 7 01 / 19 / 04
Service Curr Read Prev Read Usage Description Of Charges Amount
WA HGAL 9071 8993 78 WA WATER 18.06
SW SEWER 17.00
GB RES GARBAGE 10.00
SALES TAX .78
Voluntary Contribution for Beautification & Trail Systelrn Projects in La Porte
(PLEASE CHECK THE APPROPRIATE BOX, AND INCLUDE THE AMOUNT IN YOUR TOTAL PAYMEN'1~
O $1
^ $2
^ OTHER $
02/03/04 45.84
o _ .00
0 0 45.84
Pay 50.35 After 02/03/04
FAILURE TO RECEIVE BILL DOES NOT WAIVE PENALTY
In times of emergency, please tune in to 83'0 am radio for updated
information from the City of La Porte.
UN~-TER IS PIRECIOU$ 1132" LEAK WASTES UP TO 1116" LEAK WASTES UP TO 1!8" LEAK WASTES UP'TO
USE IT, BUT DONT WASTE IT! 175 GALLONS IN 24 HOURS 970 GALLONS .IN 24 HOURS 3600 GALLONS~IN 24 HOURS