HomeMy WebLinkAbout2005-04-25 Regular Meeting, Public Hearing and Worshop Meeting of the La Porte City Council
A
MINUTES OF REGULAR MEETING, PUBLIC HEARING, AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
April 25, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Barry
Beasley, Mike Clausen, Peter Griffiths, Mike Mosteit, Louis Rigby, and Howard Ebow
Members of Council Absent: None
Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Assistant City Attorney Clark Askins, Fire Chief Mike Boaze, Lieutenant Ron Parker, City
Secretary Martha Gillett, Public Works Director Steve Gillett, Municipal Court Clerk Aimee Bird, Director of
Planning Wayne Sabo, EMS Chief Ray Nolen, Judge Mitrano, Parks and Recreation employee Nicole Hatter,
Secretary Shannon Green, Purchasing Agent Susan Kelley, Assistant to the City Manager Crystal Scott, Budget
Officer Shelley Wolney, Assistant City Manager Cynthia Alexander, and MIS Manager Al Owens.
Others Present: Reverend Bingham, Wayne Hammond, Sue Gale Mock Kooken, Janet Cummings, Jim
Cummings, Bill Scott, Rick Dietwiler, Sam Ford, Phil Murray, Brittany Doyd, Samantha Bryant, Jack Christiana,
Clint Tully, Amanda Craver, Carlos Martinez, Kristen Allen, Zarahi Venegas and other citizens and students.
2. Reverend Michael Bingham of Abundant Life Church of delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMA nONS
B. Mayor Porter presented a proclamation in honor of "Public Service Recognition Week".
Members of the Special Events Committee including Nicole Hatter, Alice Hatter, Burney Willis, Shannon
Green, and Crystal Scott were present to accept the proclamation.
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting, and Workshop Meeting held
on April II , 2005.
B. Council to consider awarding bid for automotive parts.
C. Council to consider authorizing an additional $11, 591.00 for repair of water well # 9.
D. Council to consider approval or other action regarding an ordinance authorizing the City Manager to enter
into an agreement with the United Rentals Equipment Corporation to extend the terms of its current Water
Service Agreement through December 31, 2007.
Council member Louis Rigby pulled item B. for discussion.
Motion was made by Councilmember Engelken to approve the agenda as presented. Second by
Councilmember Rigby.
Motion carried.
Ayes: Mosteit, Engelken, Ebow, Clausen, Rigby, Moser, Beasley, Griffiths and Mayor Porter.
City Council Regular and Workshop Meeting - April 25, 2005
Page 2
Nays: None
Abstain: Councilmember Griffiths abstained from item A.
6. 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, addressed Council regarding concerns with the Board of Adjustment and
law violations. In addition, he provided Council with a handout.
Janet Cummings - 11806 N. H Street, La Porte, Texas - Ms. Cummings urged the Council not to approve in favor
of the Chern Coast item #15 on the agenda this evening. In addition, she provided Council with handouts.
Phil Murray - 5528 Patrick Henry Blvd., Bellaire, Texas - Mr. Murray is an owner of Chern Coast and urged
Council to approve item # 15 on the agenda this evening. In addition, he addressed previous safety and health
issues raised by citizens and informed Council that Chern Coast was in compliance with all regulations and had a
favorable safety incident record.
Sam Ford - 11820 North H. Street, La Porte, Texas 77571- Mr. Ford is an owner ofChem Coast and urged
Council to approve item # 15 on the agenda this evening. In addition, he noted Chern Coast would be willing to
work with the City on items in order to get their request approved.
7. Public Hearing - Discuss recommendation for approval by Planning and Zoning for +/- 107 acres ofland located
at the southeast comer of McCabe Road and SH146 (Ord. 1501-KKKK and #SCU05-004).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 15 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on
recommendation for approval by Planning and Zoning for j: acres ofland located at the southeast comer ofMc
Cabe Road and SH 146.
Public Input - None
Recommendation of Planning and Zoning - Unanimously, The Planning and Zoning Commission recommended
City Council consider approval of General Plan and Special Conditional Use Permit # SCU05-004 with the
conditions listed in the SCUP.
The Public Hearing was closed at 6:20 p.m.
8. Council to consider approval or other action regarding Ordinance 1501-KKKK and #SCU05-004.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-KKKK and # SCU05-004- CONSIDER
APPROVAL OF OTHER ACTION OF 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT; BEING:f: 107 ACRE
TRACT OF LAND INCLUDING 31.96 ACRES IN THE 1200 BLOCK OF MCCABE ROAD, AS TRS 8, 8A,
5F, 5F-l, 49, 49A, & 9B, ALONG WITH 75.16 ACRES AS NATURE PRESERVE IN THE W.P. HARRIS
SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING SINGLE-F AMIL Y, TOWN HOMES, MULTI-FAMILY AND COMMERCIAL/FLEX BLDGS.,
IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; 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 Rigby to approve Ordinance 1501-KKKK and #SCU05-004 as presented
by Mr. Sabo. Second by Councilmember Griffiths. The motion carried.
City Council Regular and Workshop Meeting - April 25, 2005
Page 3
Ayes: Ebow, Griffiths, Engelken, Mosteit, Beasley, Clausen, Rigby, Moser and Porter
Nays: None
Abstain: None
9. Public Hearing - Discuss recommendation for approval by Planning and Zoning Commission on zoning
ordinance amendments related to the maximum lot coverage of 40% for single-family detached dwellings (Ord.
1501-LLLL)
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:23 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on
recommendation for approval by Planning and Zoning on Zoning Ordinance amendments related to the Maximum
Lot Coverage of 40% for single-family dwellings.
Public Input - None.
Recommendation of Planning and Zoning - Unanimously, The Planning and Zoning Commission recommended
City Council amending the Code of Ordinances Chapter 106, Section 106-333, Table B, Residential Area
Requirements for changing the maximum lot coverage of 40% for single-family dwellings.
The Public Hearing was closed at 6:26 p.m.
10. Council to consider approval or other action regarding Ordinance 1501- LLLL.
Assistant City Attorney Clark Askins read: CONSIDER APPROV AL OF OTHER ACTION OF 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,
SECTION 1 06-333, TABLE B (RESIDENTIAL AREA REQUIREMENTS) FOR SINGLE-F AMIL Y
(DETACHED) RESIDENTIAL, BY MODIFYING THE MAXIMUM LOT COVERAGE OF 40%
REGULATION FOR STRUCTURES WITHIN THESE ZONING DISTRICTS OF THE CITY LA PORTE
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-LLLL as presented by Mr. Sabo.
Second by Councilmember Moser. The motion carried.
Ayes: Ebow, Griffiths, Engelken, Mosteit, Beasley, Clausen, Rigby, Moser and Porter
Nays: None
Abstain: None
11. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:27 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on
recommendation for approval by Planning and Zoning on Zoning Ordinance amendments related to the Main
Street District, to allow single-family residential detached in the Main Street District.
Public Input - None
Recommendation of Planning and Zoning - Unanimously, The Planning and Zoning Commission recommended
City Council consider approval on Zoning Ordinance amendments.
The Public Hearing was closed at 6:31 p.m.
12. Council to consider approval or other action regarding Ordinance 1501-MMMM.
City Council Regular and Workshop Meeting - April 25, 2005
Page 4
Assistant City Attorney Clark Askins read: ORDINANCE 150 I-MMMM CONSIDER APPROVAL OF OTHER
ACTION OF 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 AMENDING ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT
REGULATIONS, SUBDIVISION 1 GENERALLY, SECTION 106-441 TABLE A, COMMERCIAL USES
AND BY AMENDING SUBDIVISION V. MAIN STREET DISTRICT WITH OVER LAY, SECTION 106-511,
PERMITTED, ACCESSORY, AND SPECIAL CONDITIONAL USES 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 bv Councilmember Moser to approve Ordinance 1501-MMMM as presented by Mr. Sabo.
Second by Counci1member Mosteit. The motion carried.
Ayes: Ebow, Griffiths, Engelken, Mosteit, Beasley, Clausen, Rigby, Moser and Porter
Nays: None
Abstain: None
13. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:33 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview on
recommendation for approval by Planning and Zoning on Zoning Ordinance amendments related to the shipping
containers as temporary material storage facilities for commercial constructions sites allowed in residential zoning
districts.
Public Input - None.
Recommendation of Planning and Zoning - Unanimously, The Planning and Zoning Commission recommended
City Council amending the Code of Ordinances Chapter 106, Section 106-751 to permit shipping containers as
temporary material storage facilities for commercial constructions allowed in residential zoning districts.
The Public Hearing was closed at 6:39 p.m.
14. Council to consider approval or other action regarding Ordinance 1501-NNNN.
Assistant City Attorney Clark Askins read: ORDINANCE 150 1-NNNN- CONSIDER APPROVAL OF OTHER
ACTION OF 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, SECTION 106-751, PERTAINING TO SHIPPING CONTAINER USAGE AS TEMPORARY
MATERIAL STORAGE FACILITIES ON CONSTRUCTION SITES IN RESIDENTIAL ZONING DISTRICTS
OF THE CITY OF LA PORTE 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 bv Councilmember Mosteit to approve Ordinance 1501-NNNN as presented by Mr. Sabo.
Second by Councilmember Ebow. The motion carried.
Ayes: Ebow, Griffiths, Engelken, Mosteit, Beasley, Clausen, Rigby, Moser and Porter
Nays: None
Abstain: None
15. Council to consider Council to consider and take action an ordinance to rezone 2.08 acres ofland located at 11820
North "H" Street from R-l to GC as requested by the applicant. The Planning and Zoning Commission
recommended denial. To overturn recommendation, it would require a ~ vote or 7 of 9 members.
City Council Regular and Workshop Meeting - April 25, 2005
Page 5
Director of Planning and Community Development Wayne Sabo Wayne Sabo presented summary and
recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-IIII AND #R05-003- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONL Y REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL REQUESTED BY THE CHEM COAST, INC. LOCATED AT 11820 NORTH H STREET,
NEAR SENS ROAD, 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 bv Councilmember Engelken made a motion to table the item until additional legal research can
be completed. Second by Councilmember Mosteit. The motion carried.
Ayes: Porter, Ebow, Beasley, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby
Nays: None
Abstain: None
16. Council to consider authorizing the renewal of the BFI Contract, or decline renewal and begin preparation to bid
the contract.
Motion was made by Councilmember Beaslev to begin preparations to bid the contract. Second by
Councilmember Griffiths.
The motion carried.
Ayes: Porter, Ebow, Beasley, Engelken, Moser, Mosteit, Clausen and Griffiths
Nays: Rigby
Abstain: None
17. City Manager Debra Feazelle provided Mayor, Council and Staff with a report of the Legislative Update.
The following legislative bills were discussed:
HB 2833 regarding land use and companion bill 1647. Ms. Feazelle noted TML is seeking our assistance
with this bill.
Assistant City Manager John Joerns provided Council with an overview of the negative impact on the City if
bills were approved. He further stated TML is requesting the City oppose the bills. It was the consensus of
Council to send a letter opposing the bills.
City Manager Debra Feazelle informed Council she was not seeking direction on SB 1198, 1199, HB 1894
and 1198 at this time, but wanted to answer any questions Council might have regarding these bills.
HB 2039 Assistant City Attorney Clark Askins this bill codifies laws that are already in place. He further
noted he thought this bill had already passed.
HB 2958 - Addresses special districts. No action needed at this time, staff researching
HB 1822 - Ms. Feazelle advised staff continues to work on alternatives and is currently waiting on
recommendations from the Police Department. In addition, she further noted she will continue working with
Exel. She will keep council informed.
HB 1006 Revenue caps are on the floor tomorrow. We sent a letter opposing this bill.
City Council Regular and Workshop Meeting - April 25, 2005
Page 6
Appraisal cap is killed at this point.
Councilmember Chuck Engelken requested if staff could research HB 914 and provide Council with a status
report.
18. Fiscal Affairs Chairman Chuck Engelken provided Council with a report on the committee meeting held today
He reported the City had not received the final report from Null and Lairson in a timely manner. They had
informed the City the reason for the delay is due to computer problems.
Mr. Engelken, Mr. Beasley and staff had reviewed the top two firms for Financial Advisors. The
recommendation will be coming forward at future council meeting recommending RBC Dain Rauscher, Inc.
Staff reported they will be sending out RFP's to consider changing bond counsel firms seeking to have more ofa
presence in the Houston area.
He noted legislative updates were covered by Ms. Feazelle at this meeting.
He noted seven of the eight tax properties were approved and the one was declined.
He further noted they received reports on the Investment Report and Credit Card Report with no problems be
found.
19. Close Regular Meeting and Open Workshop at 7:35 p.m.
A. MIS Manager, Al Owens informed Council BEACON was dissolved. As a result of this action, Mr. Jack
Christiana ofERF Wireless has offered to enter into an agreement with the City, School District, and
surrounding municipalities to provide continuous internet services at no cost through 2009, however, the City
will have to maintain the cost of the equipment.
Council member Barry Beasley requested staff provide a report on the current usage of BEACON.
B. City Council discussed the Boards and Commissions appointments. Mayor Porter requested Council be ready
to make recommendations for replacement of vacancies at the May 9th Council meeting.
20. Closed Workshop and reconvened Regular Meeting at 8:05 p.m.
21. Administrative Reports
City Manager Debra Feazelle reminded Council of the 2005 Norman Malone Golf Tournament on April 26, 2005
at Bay Forest Golf Course, the Sylvan Beach Day and Parade April 30, 2005, Early Voting being held at City
Hall in the Council Chambers beginning April 20, 2005 and ending on May 3, 2005 from 8:00 a.m. - 5:00 p.m.
and Saturday April 23, 2005 at City Hall Council Chambers from 8:00 a.m. - 5:00 p.m., Election Day, Saturday
May 7, 2005, City of La Porte Employee Picnic May 14,2005 at the Wave Pool, the Special Called Meeting on
April 16, 2005 to canvass the May 7, 2005 Election and the Memorial Day Holiday May 30, 2005.
In addition, she reported on the San Jacinto Day activities held this past weekend.
It was reported staff will start enforcing sign ordinance with regards to political signs. As of today, staff will pick
them up if they are not in compliance with the current ordinance regulations. They will be held at the City for a
10 day period and then disposed. City Secretary's office will be notified of all activity in order to inform the
candidates.
It was reported the drive in window will continue to open at 7:30 a.m. and close at 5:30 p.m. Additional
announcements will be made to the public in hopes of improving usage.
City Council Regular and Workshop Meeting - April 25, 2005
Page 7
The Bay Area Boulevard groundbreaking was a success.
Ms. Feazelle congratulated staff on Public Service Week and thanked Council for their support.
Ms. Feazelle reported efforts continue towards working with local businesses and the Port of Houston to expand
opportunities for our community.
22. Council Comments
Clausen, Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit, and Porter had comments.
23. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER
551.071 THROUGH 551.076, 551-087, 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)
551.071 - (LEGAL MATTER) - MEET WITH CITY MANAGER AND CITY ATTORNEY ON LEGAL
MATTER
551.074 - (PERSONNEL MATTER) - CITY MANAGER'S EVALUATION AND JUDGE MITRANO'S
EVALUATION
Council retired to Executive Session at 8:24 p.m. and returned to the Regular Meeting and reconvened at 10:40
p.m.
24. There was no action taken during Executive Session.
25. There being no further business to come before Council, the Regular Meeting, Public Hearing, and Workshop was
duly adjourned at 10:40 p.m.
Respectfully submitted,
'ffif1U1JtL tx~
Martha Gillett, TRMC
City Secretary
Passed and approved on this 9th day of May 2005
~L~~
Mayor Alton E.Porter
A
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
~?{
.~
KNOX W. ASKINS
JOHN O. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskins@.aol.com
iohn-a@.swbell.nel
ctaskins@.swbell.net
January 11, 2005
Mayor and City Council
City Hall
City of La Porte
REceIVED
IJAN 12 2005
CITY SECREli\RY'S
OFFIce
RE: Responsibilities of the Planning and Zoning Commission
Dear Mayor and Council:
In light of questions that were raised by several council members at the January
10, 2005 meeting concerning the supermajority requirement for overturning a negative
recommendation from the Planning and Zoning Commission, I am enclosing with this
letter a copy of an opinion letter written by John Armstrong on December 14, 2004,
addressing this issue.
Thank you, and should you have any further questions please do not hesitate to
contact me at my office.
Sincerely,
~A.rr~
Clark T. Askins
Assistant City Attorney
Cc: City Manager
Debra Feazelle
Cc: Assistant City Manager
John Joerns
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281471-1886
TELECOPIER 281471-2047
E-MAIL: kwaskinslIDaol com
iohn-atB>swbell net
ctaskinst!llswbell.net
December 14, 2004
Honorable Mayor and City Council
City of La Porte
604 W. Fairmont Pkwy.
La Porte, TX 77571
RE: Section 106-171 (8), Code of Ordinances, City of LaPorte
Dear Mayor and Council:
I have been requested to provide an opinion regarding the City Council majority required
to affirm or overturn a determination by the Planning and Zoning Commission.
I direct you to Section 106-171(8) of the Code of Ordinances of the City of La Porte,
which states:
Vote to overrule: The affirmative vote of at least 3/4ths of the City Council is
required to overrule a recommendation of the City Planning & Zoning
Commission that a proposed change to this chapter or boundary be denied.
(emphasis added)
This section only applies if the Planning & Zoning Commission has voted to deny a
change to the Zoning Ordinance or zoning boundaries.
In a case where the City's Planning & Zoning Commission votes to approve a proposed
change to Chapter 106 of the Code or a zoning boundary or classification, Section 106-171(8)
of the Code of Ordinances of the City of La Porte does not apply, and all that is required is a
simple majority of City Council to approve or disapprove a change to Chapter 106 of the Code
or of a zoning boundary or classification.
Since Section 106-171(8) of the Code specifically provides for .....The affirmative vote of
at least 3/4ths of the City CounciL.", the question arises as to whether or not this indicates a
required 3/4ths majority of the entire City Council (or 7 votes), or 3/4ths of the Council present
and voting on the question at hand.
Section 1-2(a) of the Code of Ordinances of the City of LaPorte provides in part:
(a) The provisions of this Code shall be liberally construed to effect the purposes
expressed therein or implied from the expression thereof. In case of doubt or
ambiguity in the meaning of such provisions, the general shall yield to the
particular... Words shall be construed in their common and usual significance
unless the contrary is clearly indicated. (emphasis added)
Section 1-2(b) of the Code of Ordinances of the City of LaPorte provides in part:
(b) City Council. The words "council" or "city council" shall mean the city council of
LaPorte, constituting the governing body of the city. (emphasis added)
Thus, when Section 106-171(8) of the Code specifically provides for "...The affirmative
vote of at least 3/4lhs of the City CounciL.", it refers particularly to 3/4ths of the governing body of
the City, and not to a portion of the governing body of the City. .This construction favors a literal
interpretation of the Code over an interpretation that would require the insertion of implied
words to effectuate an alternative meaning, and it also is faithful to the specific definition of City
Council found in Section 1-2(b) of the Code.
To suggest that 3/4ths of a quorum of City Council is all that is required to overturn a
recommendation of the Planning and Zoning Commission that a proposed change to this
chapter or boundary be denied would run afoul of the specific intent of Section 106-171(8) of
the Code. For example, in the case of a bare quorum of Council, Le. 5 present and voting
members, 3/4ths of the "City Council" would be 4 members, which is a minority of the entire
Council. This clearly goes against the specific intent of Section 106-171(8) of the Code, which
requires a .super majority" of City Council to overturn a recommendation of the Planning and
Zoning Commission that a proposed change to Chapter 106 of the Code or a zoning boundary
be denied.
Note, however, that the City Council certainly has the power to amend Section 106-
171(8) of the Code. Of course, such amendment would necessarily be pursuant to the
procedures set forth in Section 106-171 of the Code.
I hope this clears up any confusion on the matter, and as always, I submit this letter,
Xc: Knox Askins,
City Attorney, City of LaPorte
LAND USE & RELATED AC IITIES
lnge of a
"A pawnshop legally operating in a municipality as a permitted use
or as a nonconforming use on March 1, 1989, is entitled to relocate to
another site in the same zoning district or classification in which it is
located on March 1, 1989, provided the relocation is completed before
the first anniversary of the date that the pav;nshop ceased doing
business at the previous location."
nay regu-
~ 211.004. Compliance With Comprehensive Plan
(a) Zoning regulations must be adopted in accor-
dance with a comprehensive plan and must be de-
signed to:
(1) lessen congestion in the streets;
(2) secure safety from fIre, panic, and other dan-
gers;
(3) promote health and the general welfare;
(4) provide adequate light and air;
(5) prevent the overcrowding of land;
(6) avoid undue concentration of population; or
(7) facilitate the adequate provision of transporta-
tion, water, sewers, schools, parks, and other public
requirements.
(b) Repealed by Acts 1997, 75th Leg., ch. 459, ~ 2,
eff. Sept. 1, 1997
Acts 1987, 70th Leg., ch. 149, * 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 458, * 1, eff. Aug. 28, 1989;
Acts 1997, 75th Leg., ch. 459, * 2, eff. Sept. 1, 1997.
~ 211.005. Districts
(a) The governing body of a municipality may di-
vide the municipality into districts of a number, shape,
and size the governing body considers best for carry-
ing out this subchapter. Within each district, the
governing body may regulate the erection, construc-
tion, reconstruction, alteration, repair, or use of build-
ings, other structures, or land.
(b) Zoning regulations must be uniform for each
class or kind of building in a district, but the regula-
tions may vary from district to district. The regula-
tions shall be adopted with reasonable consideration,
among other things, for the character of each district
and its peculiar suitability for particular uses, with a
view of conserving the value of buildings and encour-
aging the most appropriate use of land in the munici-
pality.
Acts 1987, 70th Leg., ch. 149, * I, eff. Sept. 1, 1987.
~ 211.006. Procedures Governing Adoption of Zon-
ing Regulations and District Bound-
aries
(a) The governing body of a municipality wishing to
exercise the authority relating to zoning regulations
::l size of
occupied;
her open
ler struc-
lsidential,
areas of
ance and
ality may
tlteration,
micipality
District
I Pawn-
meaning
I and de-
e govern-
awnshops
IS by the
pter 371,
or more
may not
r any re-
;e permit
censed to
Commis-
'f. Sept. 1,
~ 7.81, eff.
~ 211.006
and zoning district boundaries shall establish proce-
dures for adopting and enforcing the regulations and
boundaries. A regulation or boundary is not effective
until after a public hearing on the matter at which
parties in interest and citizens have an opportunity to
be heard. Before the 15th day before the date of the
hearing, notice of the time and place of the hearing
must be published in an offIcial newspaper or a news-
paper of general circulation in the municipality.
(b) In addition to the notice required by Subsection
(a), a general-law municipality that does not have a
zoning commission shall give notice of a proposed
change in a zoning classifIcation to each property
owner who would be entitled to notice under Section
211.007(c) if the municipality had a zoning commission.
That notice must be given in the same manner as
required for notice to property owners under Section
211.007(c). The governing body may not adopt the
proposed change until after the 30th day after the
date the notice required by this subsection is given.
(c) If the governing body of a home-rule municipali-
ty conducts a hearing under Subsection (a), the gov-
erning body may, by a two-thirds vote, prescribe the
type of notice to be given of the time and place of the
public hearing. Notice requirements prescribed un-
der this subsection are in addition to the publication of
notice required by Subsection (a).
(d) If a proposed change to a regulation or bound-
ary is protested in accordance with this subsection,
the proposed change must receive, in order to take
effect, the affIrmative vote of at least three-fourths of
all members of the governing body. The protest must
be written and signed by the owners of at least 20
percent of either:
(1) the area of the lots or land covered by the
proposed change; or
(2) the area of the lots or land immediately ad-
joining the area covered by the proposed change
and extending 200 feet from that area.
(e) In computing the percentage of land area under
Subsection (d), the area of streets and alleys shall be
'neluded.
(f) The governing body by ordinance may provide
that the affirmative vote of at least three-fourths of all
its members is required to overrule a recommendation
of the municipality's zoning commission that a pro-
posed change to a regulation or boundary be denied.
Acts 1987, 70th Leg., ch. 149, * 1, eff. Sept. 1, 1987.
383
B
Glen Meadows Chronolo2V
There are still blanks that need to be filled in. That information will be
available at or prior to the City Council Meeting.
5/412005
Glen Meadows Chronoloev
07/29/97 City requests developer to meet regarding drainage problems resulting from
Section VII
10/07/97 City requests developer to formulate solutions to drainage problems relating to
Sections VI & VII
11/12/97 City supplies tax roll information to developer for properties north of subdivision
01/05/98 City supplies engineer of Section VI & VII simple survey information to assist in
pursuing solution
02/15/99 City forwards agreement to engineers to review with Mr. Holcomb (developer)
02/23/99 Internal City memorandum - notes phone call between developer, engineer to
discuss drainage issues; several points reviewed a key point being the partnership
being dissolved last March but mentioned potential visit with partners
02/24/99 Letter from law firm WS&M (representing developer) to city refers to a plan of
(Next Day) improvements never agreed upon, denies responsibility, references approval of
utility installations, etc.
03/15/00
07/31/00
08/08/01
/ /
Letter from La Porte City Manager to residents of Section VI
.:. Authorized Director of Planning to engage Civil Engineer to study issues
(blockage of runoff & quality of workmanship on fence)
.:. Hopes for amicable solution - may have to consider suit with participation by
HOA or individuals
Engineer report (Glen Meadows Drainage Investigation) delivered to City of La
Porte
.:. Recommended open ditch system along Section VII
.:. Along Section VI - did not proposed drainage system - provided a proposed
X -Section for fence/retaining wall
City requested permission from owners along Section VI, for a contractor to enter
upon property notes City initiating project to reconstruct wall and fences.
FY 00-01 Budget included funds for drainage work and retaining wall/fence.
City advertised for bids - no bids received
03/14/01
/ /
to
12/12/03
01/14/04
02/23/04
05/19/04
/ /
/ /
01/25/05
5/412005
City requests temporary working easements from property owners to the north of
Section VI. Attempt to allow greater access for contractors. Residents along
North "H" refused and no temporary working easements were executed.
City advertises for bids - no bids received
City secures drainage easements from owners north of Section VII and installs a
shallow drainage system.
NOTE: Does not follow the report's recommendations on the outfall but provides
different outfall to a underground system in Section VII
Letter to residents in Section VI noting Council request that no further action be
taken
Letter to certain residents of Glen Meadows regarding presentation at City
Council meeting stating City will research issues presented
City of La Porte again attempts to secure a temporary construction easement from
property owners north of Section VI - owners refuse
Letter to Section VI property owners (along north line) stating plan to proceed
with drainage work re-building retaining structure (to prevent clogging of
drainage way) and notifying Section VI property owners of need to sign release of
liability
Requested permanent drainage easements from property owners north of Section
VI. Owners refuse to sign easements.
Letter and release sent to property owners along north line of Section VI
.:. Of 12 sent
.:. returned executed
.:. returned executed but modified
.:. refused or not returned
City sent letters to property owners along north line of Section VI - key contents
.:. Notes owners along North "H" refused to grant easements
.:. Not successful in securing releases from residents requesting assistance
.:. Engineer report had no recommended drainage along Section VI and as such
City not in position to condemn
.:. Conclude without legal basis to coordinate repair/reconstruction of fence
~LJ--6
5/9/2005
_ Glen Meadows Chronology
07/29/97 City requests developer to meet regarding drainage problems resulting from
Section VII
10/07/97 City requests developer to formulate solutions to drainage problems relating to
Sections VI & VII
11/12/97 City supplies tax roll information to developer for properties north of subdivision
01/05/98 City supplies engineer of Section VI & VII simple survey information to assist in
pursuing solution
02/15/99 City forwards agreement to engineers to review with Mr. Holcomb (developer)
02/23/99 Internal City memorandum - notes phone call between developer, engineer to
discuss drainage issues; several points reviewed a key point being the partnership
being dissolved last March but mentioned potential visit with partners
.,.-
)2/24/99 Letter from law firm WS&M (representing developer) to city refers to a plan of
(Next Day) improvements never agreed upon, denies responsibility, references approval of
utility installations, etc.
03/15/00 Letter from La Porte City Manager to residents of Section VI
.:. Authorized Director of Planning to engage Civil Engineer to study issues
(blockage of runoff & quality of workmanship on fence)
.:. Hopes for amicable solution - may have to consider suit with participation by
HOA or individuals
07/31/00 Engineer report (Glen Meadows Drainage Investigation) delivered to City of La
Porte
.:. Recommended open ditch system along Section VII
.:. Along Section VI - did not proposed drainage system - provided a proposed
X-Section for fence/retaining wall
02/28/01 City requests temporary working easements from property owners to the north of
Section VI. Attempt to allow greater access for contractors. Residents along
North "H" refused and no temporary working easements were executed.
_ 08/08/01
04/29/02
OS/20/02
02/09/02
To
03/1 0/03
12/12/03
01/14/04
_02/23/04
05/19/04
09/02/04
09/17/04
01/25/05
5/9/2005
City requested permission from owners along Section VI, for a contractor to enter
upon property notes City initiating project to reconstruct wall and fences.
FY 00-01 Budget included funds for drainage work and retaining wall/fence.
City advertised for bids for fence improvements - no bids received
City advertises for bids for fence improvements - no bids received
City secures drainage easements from owners north of Section VII and installs a
shallow drainage system. (Dates are approximate)
NOTE: Does not follow the report's recommendations on the outfall but provides
different outfall to a underground system in Section VII
Letter to residents in Section VI noting Council request that no further action be
taken
Letter to certain residents of Glen Meadows regarding presentation at City
Council meeting stating City will research issues presented
City of La Porte again attempts to secure a temporary construction easement from
property owners north of Section VI - owners refuse
Letter to Section VI property owners (along north line) stating plan to proceed
with drainage work re-building retaining structure (to prevent clogging of
drainage way) and notifying Section VI property owners of need to sign release of
liability
Letter and release sent to property owners along north line of Section VI
.:. Of 12 sent
.:. 8 - returned executed
.:. 4 - returned executed but modified
.:. 0 - refused or not returned
Requested permanent drainage easements from property owners north of Section
VI. Owners refuse to sign easements.
City sent letters to property owners along north line of Section VI - key contents
.:. Notes owners along North "H" refused to grant easements
.:. Not successful in securing releases from residents requesting assistance
.:. Engineer report had no recommended drainage along Section VI and as such
City not in position to condemn
.:. Conclude without legal basis to coordinate repair/reconstruction of fence
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds: NA
Agenda Date Requested:
Account Number: NA
Department:
Planninl!
Amount Budgeted: NA
Report: -X-Resolution: _Ordinance:
Exhibits:
General Plan--Lakes at Fairmont Greens
SUMMARY
In coordination with Arete Development and Brown & Gay Engineering, City Staff is exploring several
options that impact upon the development and General Plan for the Lakes at Fairmont Greens (Golf
Course Development). The primary focus at this point is the design and function of the various detention
areas (Lakes) that will serve as both an amenity for the development and detention for the Subdivision as
well as the City's Golf Course.
The primary intent is to design the Lakes in such a way as to provide:
. the required drainage improvements
. ease of maintenance
. the appearance and design of "Lakes" to enhance the future trail system and
. aspects to assist in the drainage of areas of the Golf Course that are currently problematic.
In order to accomplish this, Staff and the Developer's Engineers conducted an on-site survey of the areas
shared by the Subdivision and the Golf Course. The attached Exhibit shows areas that may be used to
both "round-off" various corners of the Lakes and improve drainage within the Golf Course. To initiate
this concept, a small portion of unused areas of the Golf Course would be excavated and graded to
augment the Lakes of the Subdivision and additional piping and grading would be used to drain other
areas, totally within the Golf Course, to the Lakes. While property lines would be unchanged, the
resulting Lakes would revert to Public use upon completion. Each entity, Developer and City, would
retain responsibility for the maintenance of drainage improvements within their respective boundaries.
Staff views this opportunity as being a mutual benefit to both the development and the City.
Action Required bv Council:
Direct Staff to continue coordination and development of the outlined drainage augmentation
incorporating City property in a joint venture.
s --(j:3 -D5
Date
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Honorable Mayor and Council
City Manager and Staff present.
MAY 1 0 2005
crrv SECH.E.lAH:r'S
OFFICE
At the request of the President of the LaPorte Police Officers Association I am addressing
you concerning a recent memorandum forwarded by ChiefReff concerning an
"anonymous letter" that had been forward to each of you.
The Association finds it important to make the record clear that this letter was not
indorsed, written or reviewed by the membership or the board of directors of the
Association.
Although some interesting issues were pointed out in this letter, the Association has not
talked about or addressed them, as a group, or with Chief Reff.
The Association finds the manner and method used to present the letter to be detrimental
to good order and acts against the legitimate goals of the LaPorte Police Officers
Association, and reflects poorly on each member of the LaPorte Police Department.
The LaPorte Police Officer Association has maintained a good relationship with Chief
Reff and members of council and wish to continue this relationship. As with you, the
LaPorte Police Officers Association goal is to represent the issues of the members of the
Police Department in a professional manner and to guarantee professional and courteous
service to the citizens of LaPorte.
----
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