HomeMy WebLinkAbout2007-03-05 Special Called Regular Meeting of the La Porte City Council Minutes
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A
MINUTES OF SPECIAL CALLED REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
March 5, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6: 42 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow and Chuck
Engelken.
Members of Council Absent: None
Members of City Executive Staff and City Emplovees Present: Interim City Manager John
Joerns, Assistant City Attorney Clark Askins, Parks and Recreation Director Stephen Barr,
City Secretary Martha Gillett, Police Chief Richard Reffand Interim Finance Director
Michael Dolby.
Others Present: Lauren Barr, Marcy Barr, Trent Wise, Kay Scott and other citizens.
2. Mayor Porter delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONS / PROCLAMATIONS
There were no presentation or proclamations presented,
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of City
Council held on February 26,2007.
Motion was made bv Council member Beaslev to approve the consent agenda as
presented, Second by Council member Clausen. Motion carried.
Ayes: Mosteit, Moser, Engelken, Rigby, Beasley, Ebow, Clausen and Mayor Porter.
Nays: None
Abstain: Ebow.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
There were no citizens wishing to address Council.
7. Council to consider approval or other action approving an ordinance establishing an Animal
Shelter Advisory Committee and amending Ordinance Number 2004-2782-R appointing
members to the Animal Shelter Advisory Committee.
City Council Special Called Regular Meeting - March 5, 2007
Page 2
Police Chief Richard Reffpresented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2972 -AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LA PORTE ESTABLISHING AN ANIMAL
SHELTER ADVISORY COMMITTEE IN ACCORDANCE WITH CHAPTER 823 OF
THE TEXAS HEALTH AND SAFETY CODE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Ebow to approve Ordinance 2972 as presented by Mr.
Reff, Second by Council member Engelken. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby, Clausen and Porter.
Nays: None
Abstain: None.
8. Council to consider approval or other action approving an ordinance appointing members to
various boards, commissions, and committees by adding section appointed new members the
Animal Shelter Advisory Committee.
Police Chief Richard Reffpresented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-R -AN
ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Clausen to approve Ordinance 2004-2782-R as
presented by Mr. Reff. Second by Council member Beasley. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby, Clausen and Porter.
Nays: None
Abstain: None.
9. The number nine was inadvertently skipped during preparation of the agenda.
10. Council to consider approval or other action regarding appointment of City Manager
Selection Committee.
Motion was made by Council member Engelken to approve appointment of City
Manager Committee Councilmembers Chuck Engelken. Mike Mosteit. Tommy Moser and
Mayor Porter as presented. Second by Council member Ebow. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby, Clausen and Porter.
Nays: None
Abstain: None,
11. Administrative Reports
City Council Special Called Regular Meeting - March 5, 2007
Page 3
Interim City Manager John Joerns provided Council with the following administrative
reports.
National League of Cities March 10-14,2007 Washington D.C., Industrial District
Agreements Meeting March 6, 2007 9:00 a.m. City Hall Council Chambers, La Porte
"Neighborhood Center" 2007 Gala April 12, 2007 6:30 p.m. at Sylvan Beach Pavilion, 2007
San Jacinto Day Festival, Battle Reenactment April, 21, 2007, Battle of San Jacinto
Triathlon April 22, 2007 7:00 a,m, and Sylvan Beach Day Parade and Festival April 28,
2007.
12. Council Comments
Clausen, Rigby, Moser, Beasley, Ebow, Engelken, Mosteit, and Porter had comments.
13. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSUL T A TION WITH A TTORNEY, 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)
A. SECTION - 551.074 - (PERSONNEL MATTERS)-
EVALUATION OF MUNICIPAL COURT
JUDGE DENISE MITRANO
B, SECTION - 551-072 (PROPERTY SALE OR EXCHANGE)
MEET WITH INTERIM CITY MANAGER,
AND CITY ATTORNEY FOR THE
PURPOSE OF DELIBERATING THE
PURCHASE, EXCHANGE, LEASE OR
VALUE OF REAL PROPERTY
Council retired to Executive Session at 6:56 p.m. and returned to the Regular Meeting and
reconvened at 7:27 p.m.
14. There being no further business to come before Council, the Special Called Regular Meeting
was duly adjourned at 7:31 p.m,
~tfullY subm~/ /;//
Martha~d'M~c
City Secretary
Passed and approved on this 19th day of March 2007
~~7~
Mayor Alton E.Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance: l
Amount Budgeted: N/A
Amount Requested:
Exhibits:
1. Ordinance
2. Exhibit "A" to Ordinance
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
The City has received an application from DNV Petroleum to vacate, abandon and close the West Tyler Street Right-
Of Way located between the North 16th Street and North 15th Street Right-Of-Ways within the Town of La Porte
Subdivision. The applicant seeks closure of this Right-Of-Way to facilitate future development.
In reviewing the application, the Public Works Department has indicated a need for a 30' drainage easement to be
retained along the Northernmost half of the subject right-of-way. Each of the City's franchised utility companies (i.e.
Centerpoint Energy, SBC & Time Warner Communication) has received notification of the closing and each has
submitted letters of no objection.
Representatives from Public Works and PlanninglEngineering have visited the site in question to assess any potential or
future drainage and/or utility concerns and have deemed this closure to be viable.
In accordance with Section 62.35 of the Code of Ordinances, Staff has arranged for an independent appraisal to be
conducted of the Right-Of-Way in question. As a result, the fair market value of the subject property has been assessed
at $1.50 per square foot. The City has received compensation in the amount of$17,955.00 (75% of Fair Market Value
as per the ordinance) from the applicant for the closing, which contains a total of 15,960 square feet.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing the West Tyler Street Right-Of Way
located between the North 16th Street and North 15th Street Right-Of-Ways within the Town of La Porte Subdivision
and retaining a 30' drainage easement along the Northernmost half of the subject right-of-way.
Action Required of Council:
Approve ordinance to vacate, abandon, and close the West Tyler Street Right-Of Way located between the North 16th
Street and North 15th Street Right-Of-Ways within the Town of La Porte Subdivision and retain a 30' drainage
easement along the Northernmost half of the subject right-of-way.
Jht601
Date I
EXHIBIT 1
ORDINANCE
ORDINANCE NO. 2007-
~(l13
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
THE WEST TYLER STREET RIGHT-OF-WAY BETWEEN THE NORTH 15TH
STREET AND NORTH 16TH STREET RIGHTS-OF-WAY, TOWN OF LA
PORTE, CITY OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A 30
FOOT DRAINAGE EASEMENT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record
owner of all of the property abutting the hereinafter described West Tyler Street Right-
Of-Way, Town of La Porte, City Of La Porte, Harris County, Texas, to vacate, abandon,
and permanently close the hereinafter described portion of the West Tyler Street Right-
Of-Way, Town of La Porte, City Of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described portion of the West Tyler
Street Right-Of- Way, Town of La Porte, City Of La Porte, Harris County, Texas, is not
suitable, needed, or beneficial to the public as a public road, street, or alley, and the
closing of hereinafter described portion of the West Tyler Street Right-Of-Way, Town of
La Porte, City Of La Porte, Harris County, Texas, is for the protection of the public and
for the public interest and benefit, and that the hereinafter described portion of the West
Tyler Street Right-Of-Way, Town of La Porte, City Of La Porte, Harris County, Texas,
should be vacated, abandoned, and permanently closed.
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described portion of the West Tyler Street Right-Of- Way, Town of La Porte,
City Of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and
closed by the City of La Porte, to wit:
That portion of the West Tyler Street Right-Of-Way, Town of La Porte, City of La
Porte, Harris County, Texas, located between the easternmost right-of-way line of
North 16th Street projected east to the westernmost right-of-way line of North 15th
Street, and containing fifteen thousand nine hundred sixty (15,960) square feet,
saving and excepting a public drainage easement located across the northernmost
thirty (30) feet of the West Tyler Street right-of-way between the easternmost right-
of-way line of North 16th Street projected east to the westernmost right-of-way line
of North 15th Street, and being a total of two hundred sixty-six (266) feet in length
for a total of seven thousand nine hundred and eighty (7,980) square feet, as
generally illustrated on Exhibit "A" attached hereto and made part of herein.
Section 2.
As a condition of passage and approval of this ordinance, the City of La
Porte hereby retains a drainage easement across the northernmost thirty (30) feet of the
West Tyler Street right-of-way, located from the easternmost right-of-way line of North
Sixteenth Street projected east to the westernmost right-of-way line of North Fifteenth
Street, being two hundred sixty six (266) feet in length and containing a total of seven
thousand nine hundred and eighty (7,980) square feet. The City of La Porte, for itself, its
successors and assigns, shall have the perpetual right, privilege and easement, with
appropriate rights of ingress and egress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace,
restore, repair, and remove public drainage facilities, together with all necessary
3
improvements in, over, under, through, and across the public drainage easement
described in Section 2 of this ordinance.
Section 3.
No building, awning, overhang, or other structure may be placed on, over,
or across the public drainage easement described in Section 2 of this ordinance. Provided,
however, nothing in this paragraph shall prevent the right of the owner of said property to
landscape or otherwise use the surface of said public drainage easement so long as such
use is not inconsistent with the rights of the City of La Porte as described in Section 2.
The City of La Porte shall not be obligated to restore or repair any such landscaping or
other improvements disturbed, damaged, or removed by the exercise of such public
drainage rights and privileges described in Section 2.
Section 4.
The public drainage easement retained in Section 2 and the provisions and
restrictions contained in Sections 2 & 3 of this ordinance may be redefined by mutual
agreement between the property owner and the appropriate franchised utility and or the
City of La Porte.
Section 5. 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.
4
PASSED AND APPROVED, THIS IC~DAY OF n1Cr (C ~ 2007.
CITY OF LA PORTE
~t,~~
By:
Alton Porter, Mayor
ATTEST:
Lf1!ttt/:h4d
Martha Gillett, City Secretary
AP~r~
Clark T. Askins, City Attorney
EXHIBIT "A" TO ORDINANCE
644
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WEST MADISON STREET
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SAC-2006-01
6 8 8 \ 0& V Petroleum -
I Portion of W. Tyler
(ADJ Blk 652)
ADAMS STREET
689
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 19
Source of Funds: NtA
Requested By:
Account Number: NtA
Department: Planniu2
Report: _Resolution: _Ordinance: l
Amount Budgeted: Nt A
Amount Requested:
Exhibits:
1. Ordinance
2. Exhibit" A" to Ordinance
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
The City has received an application from Sally Williams of Clear Creek Equipment to vacate, abandon and
close portions of the South 11th Street Right-of Way and of the Alley in Block 122, Town of La Porte.
The applicant seeks closure of these Right-Of-Ways to facilitate future commercial development. Partial
Right-Of-Way closures are handled on a case-by-case basis, which in this scenario has no effect on the City
of La Porte due to its proximity to State Highway 146. Clear Creek Equipment will share joint access with
KO Sailing on the West "E" Street Right-Of-Way.
In reviewing the application, the Public Works Department has stated they have no objection to this closing.
Each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time Warner
Communication) has received notification of the closing and each has submitted letters of no objection.
In accordance with Section 62.35 of the Code of Ordinances, Staff has arranged for an independent
appraisal to be conducted of the Right-Of-Way in question. As a result, the fair market value of the subject
property has been assessed at $4.00 per square foot. The City has received compensation in the amount of
$45,600.00 (75% of Fair Market Value as per the ordinance) from the applicant for the closing, which
contains a total of 15,200 square feet.
Recommendation:
Staff recommends that City Council authorize the vacating, abandoning, and closing portions of the South
11th Street Right-of Way and of the Alley in Block 122, Town of La Porte as petitioned by the applicant.
Action Required of Council:
Approve an ordinance to vacate, abandon, and close portions of the South 11th Street Right-of Way and of
the Alley in Block 122, Town of La Porte.
ncil Agenda
;j~ohn
S/r;fj020CY7
Date
EXHIBIT 1
ORDINANCE
ORDINANCE NO. 2007-
~q'7~
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
THE SOUTH 11TH STREET RIGHT-OF-WAY, TOWN OF LA PORTE, CITY
OF LA PORTE, HARRIS COUNTY, TEXAS AND A PORTION OF THE ALLEY
IN BLOCK 122, TOWN OF LA PORTE, CITY OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record
owner of all of the property abutting the hereinafter described portion of the South 11 th
Street Right-Of-Way Town of La Porte, City Of La Porte, Harris County, Texas and the
hereinafter described portion of the Alley in Block 122, Town of La Porte, City of La
Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter
described portion of the South 11th Street Right-Of-Way Town of La Porte, City Of La
Porte, Harris County, Texas and the hereinafter described portion of the Alley in Block
122, Town of La Porte, City of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described portion of the South 11 th Street
Right-Of-Way Town of La Porte, City Of La Porte, Harris County, Texas and the
hereinafter described portion of the Alley in Block 122, Town of La Porte, City of La
Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as a
public road, street, or alley, and the closing of hereinafter described portion of the South
11th Street Right-Of-Way Town of La Porte, City Of La Porte, Harris County, Texas and
the hereinafter described portion of the Alley in Block 122, Town of La Porte, City of La
Porte, Harris County, Texas, is for the protection of the public and for the public interest
2
and benefit, and that the hereinafter described portion of the South 11 th Street Right-Of-
Way Town of La Porte, City Of La Porte, Harris County, Texas and the hereinafter
described portion of the Alley in Block 122, Town of La Porte, City of La Porte, Harris
County, Texas, should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described portion of the South 11th Street Right-Of- Way Town of La Porte,
City Of La Porte, Harris County, Texas and the hereinafter described portion of the Alley
in Block 122, Town of La Porte, City of La Porte, Harris County, Texas, is hereby
permanently vacated, abandoned, and closed by the City of La Porte, to wit:
That portion of the South 11th Street Right-Of-Way from the southernmost right-of-
way line of the West "E" Street Right-Of-Way projected south a distance of two
hundred (200) feet to a point for corner and also lying between Lots 25 through 32
of Block 121 and Lots 1 through 8 of Block 122;
And the alley in Block 122 from the southernmost right-of-way line of West "E"
Street projected south a distance of two hundred (200) feet to a point for corner and
also lying between Lots 1 through 8 and Lots 25 through 32 of Block 122, Town of
La Porte, City Of La Porte, Harris County, Texas;
Both tracts totaling fifteen thousand two hundred (15,200) square feet as generally
illustrated on Exhibit "A" attached hereto and made part of herein;
Section 2.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
3
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.
PASSED AND APPROVED, THIS J(~ DAY OF n1 Ct (c H
2007.
CITY OF LAPORTE
~.?~
By:
Alton Porter, Mayor
~:
ldttiwXfu/~
Martha Gillett, City Secretary
APP~
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lark T. Askms, City Attorney
EXHIBIT "A" TO ORDINANCE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 19.2007
f\
Requested By: Wayne J. ~b6Iv1 !/>
Department: Planninl!
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Permit Application
3. Letter of Request
4. Area Map
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
The City has received an application from Enterprise GC, L.P. to install an 18" Natural Gas Liquids Pipeline
generally along the southernmost line in the West Fairmont Parkway right-of-way and lying within an
existing pipeline corridor. The pipeline installation will begin 3413' West of Bay Area Boulevard and 26'
South of Fairmont Parkway, projected North through the northernmost City Limits of the City of La Porte.
There are approximately 40 existing pipelines at the corridor intersecting with Fairmont Parkway and 38
existing pipelines at the corridor intersecting with Spencer Highway. The pipeline will be tested to a
minimum 1850 PSI but will operate at a maximum pressure of 1480 PSI. This pipeline ultimately begins at
the Exxon Mobile property in Webster, Texas and will terminate at the Teppco Terminal in Baytown,
Texas.
In reviewing the permit application and plans as submitted, the City Engineer and Public Works Department
have approved the plans and deem no conflict is anticipated with existing city infrastructure or existing
pipelines.
The request meets all requirements of Ordinance 2004-2755. The application fee of $1000.00 has been
paid. Any future relocation of the pipeline permitted within the City, State, or County rights-of-way shall be
at the sole expense of the permittee. In accordance with Section 102-236 and 102-237, City Council must
review and approve the permit application. If approved, City Council will thereby authorize the Director of
Planning or his designee to execute the permit in duplicate originals, one which shall be delivered to the
permittee and one which shall be retained by the City.
Recommendation:
Staff recommends that City Council authorize the Planning Director to execute the permit as requested by
applicant.
Action Required of Council:
Approve an ordinance authorizing the Planning Director to execute the permit as requested by applicant.
<5hk7
Date /
EXHIBIT 1
ORDINANCE
ORDINANCE NO. 2007-
.J/11 t)
AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755,
BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE
TRANSPORTATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, TO CONSTRUCT AN 18-INCH PIPELINE FOR THE
TRANSPORTATION OF NATURAL GAS LIQUIDS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte has received an application
dated February 5, 2007 from ENTERPRISE GC, L.P., requesting a permit under
Ordinance 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline
Transportation" of the Code of Ordinances of The City of La Porte, to construct and
operate its I8-inch pipeline for the transportation of NATURAL GAS LIQUIDS,
crossing the City of La Porte, all as shown on said application. The application of
ENTERPRISE GC, L.P. has been reviewed by the Director of Planning, who has found
that said application meets all requirements of Ordinance 2004-2755, and has
recommended its approval.
Section 2. The City Council of the City of La Porte hereby approves the
application of ENTERPRISE GC, L.P., dated February 5, 2007, and this Ordinance
authorizes the Director of Planning or his designee to execute the permit as requested by
applicant.
Ordinance No. 2007- 2
Section 3. The City Council officially fInds, determines, recites, and declares
that a sufficient written notice of the date, hour, place, and subject of this meeting ofthe
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 subj ect matter
thereof has been discussed, considered, and formally acted upon. The City Council
further ratifies, approves, and confIrms such written notice and the contents and posting
thereof.
PASSED AND APPROVED TIDS r~i..-DAY OF \"V1C{ (L,~ ,2007.
CITY OF LA PORTE
~L7~
By:
Alton E. Porter, Mayor
ATTEST:
Ld1Jtlif1~ tfJid
Martha Gillett, City Secretary
APPROVED:
tI~ 7: ~
Clark T. Askins, City Attorney
EXHIBIT 2
PERMIT APPLICATION
CITY OF LA PORTE, TEXAS
PIPELINE PERMIT ApPLICATION
........ ........ ......... ...... ..... ...INFORMATION ON OWNER AND ApPLICANT ........................ .....................
Company Name: ENTERPRI SE GC, L. P .
Company Address: P.O. BOX 4324, HOUSTON, TX 77210-4324
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax Email: kwebster@eprod.com
Person Submitting Application: ALLEN WAGERS
Title of Person Submitting Application: RIGHT-OF-WAY AGENT
713-644-3219 ph
Phone and Fax Number. 713-649-0020 fax Email: alwaqers@qulonline.com
Acting for Owner as: PERMIT AGENT
Principal Contact for Submittal Information: KYLE L. WEBSTER
Title of Principal Contact: RIGHT-OF-WAY MANAGER
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax
Email: kwebster@eprod.com
..........................INFORMATION ON TWENTY.FoUR HOUR EMERGENCY CONTACTS..........................
Twenty-Four Hour Emergency Contact: LIQUIDS CONTROL CENTER
Title of Twenty-Four Hour Emergency Contact:
JEFF V. MYERS, REGIONAL MANAGER
Phone and Fax Number: 1 -800-546-3482
Email: ivmyers@eprod.com
Other Numbers for Emergency Contact (pager, cellular, etc.): 71 3 - 8 0 3 - 8730
A1temate Twenty-Four Hour Emergency Contact:
800- number above- 24~HOURS
Title of Alternate Twenty-Four Hour Emergency Contact:
Phone and Fax Number.
Email:
Other Numbers for Alternate Contact (pager, cellular, etc.):
...................... ........ ............... .BASIC INFORMATION ON PiPELINE...... ......................... ...... ...... .......
Size in Diameter. 1 8 . 0 0 0 " 0 . D .
Commodity(s):
NATURAL GAS LIQUIDS
Origin Point: Existing pipeline & EXXONMOBIL property in Webster.
Destination Point: Existinq pipeline & TEPPCO Terminal in Bavtown.
Normal Operating Pressure: 1 0 0 0 PSI G Maximum Operating Pressure: 1 480 PSI G
Maximum Allowable Temperature (if applicable): N / A
City of La Porte - Planning Department
604 West Fairmont Parkway
La Porte, Texas 77571
Phone: (281) 471-5020 - Fax: (281) 470-5005
www.laportetx.gov
March 21, 2007
Enterprise GC, L.P.
P.O. Box 4324
Houston, TX 77210-4324
Attn.: Kyle L. Webster, R-O-W Manager
RE: Pipeline Transportation Permit (PT-2007-001)
Dear Mr. Webster,
Your application for a permit to construct an 18" diameter natural gas liquids pipeline within the city limits of La
Porte was approved by La Porte City Council at its March 19, 2007 meeting. You are hereby authorized to begin
construction within all regulations set forth in City of La Porte Ordinance 2004-2755:
Please note the following:
1. Contact the City of La Porte Planning Department at (281) 470-5059 no less than 48 hours prior to
commencement of construction.
2. Post copies of Permit at all public right-of-way crossings.
3. Per Sec. 102-235, Item (k) of Ordinance 2004-2755: ''the Permittee shall, at any time in the future, where
such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-
way, drainage way or public way existing or projected at the time the permit is issued, reposition such
pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the
Permittee's sole expense, when the City reasonably requires such action incidental to public construction or
public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer
lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior written notice of the
need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to
the Permittee as designated in the application. The Permittee shall have six (6) months to complete such
repositioning.
DrL
W~.J. S~ J)
Planning Director
cc: Finance Department
Planning Department Permit File
.~
CITY OF LA PORTE, TEXAS
PIPELINE PERMIT ApPLICATION
........... ........ ............... .....INFORMATION ON OWNER AND ApPLICANT ............ ...... ...........................
Company Name: ENTERPRI SE GC, L . P .
Company Address: P.O. BOX 4324, HOUSTON, TX 77210-4324
713-803-8206 ph
Phone and Fax Number: 713-803-2801 fax Email: kwebster@eprod.com
Person Submitting Application: ALLEN WAGERS
Title of Person Submitting Application: RIGHT-OF-WAY AGENT
713-644-3219 ph
Phone and Fax Number: 713-649-0020 fax Email: alwaqers@qulonline.com
Acting for Owner as: PERMIT AGENT
Principal Contact for Submittal Information: KYLE L. WEBSTER
Title of Principal Contact RIGHT-OF-WAY MANAGER
713-803-8206 ph
Phone and Fax Number: 713 -8 0 3-2 8 0 1 fax
Email: kwebster@eprod.com
..........................lNFORMATlON ON TWENTY.FoUR HOUR EMERGENCY CONTACTS..........................
Twenty-Four Hour Emergency Contact LIQUIDS CONTROL CENTER
Title of Twenty-Four Hour Emergency Contact:
JEFF V. MYERS, REGIONAL MANAGER
Phone and Fax Number: 1 -800-546-3482
Emat1vmyers@eprod.com
Other Numbers for Emergency Contact (pager, cellular, etc.): 71 3 - 803 - 8730
Alternate Twenty-Four Hour Emergency Contact
800- number above- 24~HOURS
Title of Alternate Twenty-Four Hour Emergency Contact
Phone and Fax Number:
Email:
Other Numbers for Alternate Contact (pager, cellular, etc.):
................................... ........... BASIC INFORMATION ON PiPELINE...... ......... ......... ................ ...... ....
Size in Diameter: 1 8 . 0 0 0 " 0 . D .
Commodity(s):
NATURAL GAS LIQUIDS
Origin Point Existing pipeline & EXXONMOBIL property in Webster.
Destination Point Existinq pipeline & TEPPCO Terminal in Bavtown.
Normal Operating Pressure: 1000 PSIG Maximum Operating Pressure: 1480 PSIG
Maximum Allowable Temperature (if applicable): N / A
If: ZtIR. ppl
EXHIBIT 3
LETTER OF REQUEST
GULLETT & ASSOCIATES, INC.
7705 South Loop East - 77012
P.O. Box 230187 -77223
Houston, Texas
713-644-3219
Fax: 713-644-1547
February 5,2007
Planning Department
Mr. Rodney L. Slaton
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
RE: Permit Application package for ENTERPRISE GC, L.P. to install one 18" pipeline
within the city limits of the City of La Porte, Harris County, Texas.
Dear Mr. Slaton:
ENTERPRISE GC, L.P. a Delaware limited partnership whose address is P.O. Box 4324
Houston, Texas 77210-4324, is hereby requesting a pipeline permit.
The pipeline will be used to transport natural gas liquids (MSDS sheet attached) from an
existing pipeline in Webster to an existing pipeline in Baytown. The route through the
City of La Porte is shown on the attached map, and described in the permit application
form. The 18" pipeline will be installed in an existing pipeline corridor or parallel
existing pipelines the entire route. Plan and profiles are attached showing city streets in
the City of La Porte that will be crossed.
Fairmont Parkway - drawing CA-2702-00l
Spencer Hwy - drawing CA-2702-002
North D Street - drawing CA-2702-003
H Street - drawing CA-2702-004
North L Street - drawing CA-2702-005
North P Street - drawing CA-2702-007
The pipe will be 18.000" outside diameter with a 0.500" wall thickness, and will be API
5L X 60 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 30 mils aro
coating.
The pipeline will operate at a maximum operating pressure of 1480 PSI, will be tested to
a minimum 1850 PSI, and have a minimum yield strength of 60,000 PSI.
The pipeline will be regulated by the Texas Railroad Commission as an Intrastate
Pipeline. All design, materials and construction will, as a minimum, comply with the
following codes, ordinances and standards as applicable:
. The Department of Tninsportation ("DOT") Standard CFR Title 49, Part 195
"Transportation of Hazardous Liquids by Pipeline", and The "Railroad
Commission of Texas, Pipeline Safety Rules, Part IV
. ASME B31.8. "Gas Transmission and Distribution Piping Systems,
. U.S. Department of Labor Regulations Title 29, CFR 1910 and 1925,
"Occupational Safety and Health Standards",
. API 1104, "Standard for Welding Pipelines and Related Facilities".
ENTERPRISE GC, L.P. hereby makes this statement, that it agrees to the conditions and
obligations set out in ORDINANCE NO. 2004 - of the City of La Porte Pipeline
Ordinance; Section 1; Article IV. Pipeline Transportation, Sec 102-235 Application for
Permit 3 (j), 3 (k), and 3 (1), and all sections thereof that apply, regardless if said
section(s) are specifically mentioned in this letter.
The anticipated construction start date is scheduled to begin by March 31, 2007.
Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and
the appropriate insurance certificate. If additional information is required, please contact
Allen Wagers, at (713) 644-3219 or 713-898-5551.
Thank you in advance for your prompt attention to this matter.
Sincerely,
4h/-:i'~
~~~(
Allen Wagers, Manager
Land & Right of Way Department
EXHIBIT 4
AREA MAP
CITY OF LA PORTE
HARRIS COUNTY, TEXAS
HARRIS
COUNTY
.
a
.-
--
LA PORTE
X
"""""""
LA PORTE
-Ii PROPOSED 18" PlPEUNE
l,DOO'flOG' 0'
~W
I_~,
~~.L.P.
PROPOSED 1 S- P\PElJNE
CITY OF LA PORTE: ROUlE MAP
HARRIS COUNTY. TEXAS
,-
......
3,000'
I
o
"""
~...
. ~ru:1702I1A..
~1tUJ111l'1
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Permit Application
3. Letter of Request
4. Area Map
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
The City has received an application from Enterprise GC, L.P. to install a 12" Natural Gas Liquids Pipeline
generally along the southernmost line in the West Fairmont Parkway right-of-way and lying within an
existing pipeline corridor. The pipeline installation will begin 3413' West of Bay Area Boulevard and 26'
South of Fairmont Parkway, projected North through to the northernmost City Limits of the City of La
Porte. There are approximately 40 existing pipelines at the corridor intersecting with Fairmont Parkway and
38 existing pipelines at the corridor intersecting with Spencer Highway. The pipeline will be tested to a
minimum 1850 PSI but will operate at a maximum pressure of 1480 PSI. This pipeline will terminate at the
Teppco Terminal in Baytown, Texas
In reviewing the permit application and plans as submitted, the City Engineer and Public Works Department
have approved the plans and deem no conflict is anticipated with existing city infrastructure or existing
pipelines.
The request meets all requirements of Ordinance 2004-2755. The application fee of $1000.00 has been
paid. Any future relocation of the pipeline permitted within the City, State, or County rights-of-way shall be
at the sole expense of the permittee. In accordance with Section 102-236 and 102-237, City Council must
review and approve the permit application. If approved, City Council will thereby authorize the Director of
Planning or his designee to execute the permit in duplicate originals, one which shall be delivered to the
permittee and one which shall be retained by the City.
Recommendation:
Staff recommends that City Council authorize the Planning Director to execute the permit as requested by
applicant.
Action Required of Council:
Approve an ordinance authorizing the Planning Director to execute the permit as requested by applicant.
iI Agenda
D.tf~/o'1
EXHIBIT 1
ORDINANCE
ORDINANCE NO. 2007- ,~q 17t.t
AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755,
BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE
TRANSPORTATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, TO CONSTRUCT AN 12-INCH PIPELINE FOR THE
TRANSPORTATION OF NATURAL GAS LIQUIDS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte has received an application
dated February 5, 2007 from ENTERPRISE GC, L.P., requesting a permit under
Ordinance 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline
Transportation" of the Code of Ordinances of The City of La Porte, to construct and
operate its l2-inch pipeline for the transportation of NATURAL GAS LIQUIDS,
crossing the City of La Porte, all as shown on said application. The application of
ENTERPRISE GC, L.P. has been reviewed by the Director of Planning, who has found
that said application meets all requirements of Ordinance 2004-2755, and has
recommended its approval.
Section 2. The City Council of the City of La Porte hereby approves the
application of ENTERPRISE GC, L.P., dated February 5, 2007 and this Ordinance
authorizes the Director of Planning or his designee to execute the permit as requested by
applicant.
Ordinance No. 2007- 2
Section 3. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place, and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the 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.
PASSED AND APPROVED THIS IC~AY OF 111d (C ij ,2007.
CITY OF LA PORTE
By:
~7~
Alton E. Porter, Mayor
ATTEST:
/l1~~
Martha Gillett, City Secretary
APPROVED:
{dp-r ~
Clark T. Askins, City Attorney
EXHIBIT 2
PERMIT APPLICATION
CITY OF LA PORTE, TEXAS
PIPELINE PERMIT ApPLICATION
......... ................ ....... .... ...INFORMA TION ON OWNER AND APPLICANT .................. ...... .....................
Company Name: ENTERPRI SE GC, L. P .
Company Address: P.O. BOX 4324, HOUSTON, TX 77210-4324
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax Email: kwebster@eprod.com
Person Submitting Application: ALLEN WAGERS
Title of Person Submitting Application: RIGHT-OF-WAY AGENT
713-644-3219 ph
Phone and Fax Number. 713-649-0020 fax Email: alwaqers@qulonline.com
Acting for Owner as: PERMIT AGENT
Principal Contact for Submittal Information: KYLE L. WEBSTER
TitieofPrincipal Contact RIGHT-OF-WAY MANAGER
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax
Ematkwebster@eprod.com
..........................INFORMATlON ON TWENTY.FoUR HOUR EMERGENCY CONTACTS..........................
Twenty-Four Hour Emergency Contact LIQUIDS CONTROL CENTER
Title of Twenty-Four Hour Emergency Contact:
JEFF V. MYERS, REGIONAL MANAGER
Phone and Fax Number: 1 -800-546-3482
Emalt1vmyers@eprod.com
Other Numbers for Emergency Contact (pager. cellular, etc.): 71 3 - 803 - 8 7 3 0
Alternate Twenty-Four Hour Emergency Contact
800- number above- 24~HOURS
Titie of Alternate Twenty-Four Hour Emergency Contact
Phone and Fax Number.
Email:
Other Numbers for Alternate Contact (pager, cellular, etc.):
....................... ...... ................. BASIC INFORMATION ON PiPELINE...... ......... ...... ............. ................
Size in Diameter. 1 2 . 750" o. D . Commodity(s): NA TURAL GAS LIQUIDS
New pipe begins 3413' West of Bay Area Blvd. and 26'
Origin Point South of Fairmont Parkwav.
Proposed pipeline @ Sam Bertron Power Plant to existing
Destination Pointpipeline (d TF.PPr.O Term; n;d ; n Rnytnwn
Normal Operating Pressure: 1 0 0 0 PSI G Maximum Operating Pressure: 1 4 80 PSI G
Maximum Allowable Temperature (if applicable): N / A
City of La Porte - Planning Department
604 West Fairmont Parkway
La Porte, Texas 77571
Phone: (281) 471-5020 - Fax: (281) 470-5005
www.laportetx.gov
March 21, 2007
Enterprise GC, L.P.
P.O. Box 4324
Houston, TX 77210-4324
Attn.: Kyle L. Webster, R-O-W Manager
RE: Pipeline Transportation Permit (PT-2007-002)
Dear Mr. Webster,
Your application for a permit to construct an 12.750" diameter natural gas liquids pipeline within the city limits of
La Porte was approved by La Porte City Council at its March 19,2007 meeting. You are hereby authorized to begin
construction within all regulations set forth in City of La Porte Ordinance 2004-2755:
Please note the following:
1. Contact the City of La Porte Planning Department at (281) 470-5059 no less than 48 hours prior to
commencement of construction.
2. Post copies of Permit at all public right-of-way crossings.
3. Per Sec. 102-235, Item (k) of Ordinance 2004-2755: "the Permittee shall, at any time in the future, where
such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-
way, drainage way or public way existing or projected at the time the permit is issued, reposition such
pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the
Permittee's sole expense, when the City reasonably requires such action incidental to public construction or
public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer
lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior written notice of the
need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to
the Permittee as designated in the application. The Permittee shall have six (6) months to complete such
repositioning.
D~
Wayne J. Sabo
Planning Director
cc: Finance Department
Planning Department Permit File
CITY OF LA PORTE, TEXAS
PIPELINE PERMIT ApPLICATION
...... ............. ........ .... ........lNFORMA TION ON OWNER AND APPLlCA.NT ......... ......... ...... .....................
Company Name: ENTERPRI SE GC, L. P .
Company Address: P.o. BOX 4324, HOUSTON, TX 77210-4324
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax Email: kwebster@eprod.com
Person Submitting Application: ALLEN WAGERS
Trtle of Person Submitting Application: RIGHT-OF-WAY AGENT
713-644-3219 ph
Phone and Fax Number. 713-649-0020 fax Email: alwaQers@qulonline.com
Acling for Owner as: PERMIT AGENT
Principal Contact for Submittal Information: KYLE L. WEBSTER
Title of Principal Contact RIGHT-OF-WAY MANAGER
713-803-8206 ph
Phone and Fax Number. 713-803-2801 fax
Em~kwebster@eprod.com
..........................INFORMATlON ON TWENTY.FoUR HOUR EMERGENCY CONTACTS..........................
Twenty-Four Hour Emergency Contact LIQUIDS CONTROL CENTER
Title of Twenty-Four Hour Emergency Contact
JEFF V. MYERS, REGIONAL MANAGER
Phone and Fax Number. 1 - 8 0 0 - 5 4 6 - 3 4 8 2
Email: -]vrnyers@eprod.com
Other Numbers for Emergency Contact (pager, cellular, etc.): 71 3 - 8 0 3 - 8 7 3 0
Alternate Twenty-Four Hour Emergency Contact
800- number above- 24~HOURS
Trtle of Alternate Twenty-Four Hour Emergency Contact
Phone and Fax Number.
Email:
Other Numbers for Alternate Contact (pager, cellular, etc.):
... ............ ... .... ....................... .BASIC INFORMATION ON PiPELINE...... ......... ......... ............. .............
Size in Diameter. 12.750"O.D. Commodity(s): NATURAL GAS LIQUIDS
New pipe begins 3413' West of Bay Area Blvd. and 26'
Origin Point South of Fairrnont Parkwav.
Proposed pipeline @ Sam Bertron Power Plant to existing
Destination Poinq;,ipeline (d TF.PPCO Term; nn 1 ; n Rnyrown
Normal Operating Pressure: 1 0 0 0 PSI G Maximum Operating Pressure: 1 4 80 PSI G
Maximum Allowable Temperature (if applicable): N / A
fl: PJfJ!. ()()~
EXHIBIT 3
LETTER OF REQUEST
GULLETT & ASSOCIATES, INC.
7705 South Loop East - 77012
P.O. Box 230187 -77223
Houston, Texas
713-644-3219
Fax: 713-644-1547
February 5, 2007
Planning Department
Mr. Rodney L. Slaton
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
RE: Permit Application package for ENTERPRISE GC, L.P. to install one 12" pipeline
within the city limits ofthe City of La Porte, Harris County, Texas.
Dear Mr. Slaton:
ENTERPRISE GC, L.P. a Delaware limited partnership whose address is P.O. Box 4324
Houston, Texas 77210-4324, is hereby requesting a pipeline permit.
The pipeline will be used to transport natural gas liquids (MSDS sheet attached) from an
existing pipeline in La Porte Bayport Industrial District to a proposed pipeline at Sam
Bertron in Harris County. The route through the City of La Porte is shown on the
attached map, and described in the permit application form. The 12" pipeline will be
installed in an existing pipeline corridor or parallel existing pipelines the entire route.
Plan and profiles are attached showing city streets in the City of La Porte that will be
crossed.
Fairmont Parkway - drawing CA-2702-00l
Spencer Hwy - drawing CA-2702-002
North D Street - drawing CA-2702-003
H Street - drawing CA-2702-004
North L Street - drawing CA-2702-005
North P Street - drawing CA-2702-007
The pipe will be 12.750" outside diameter with a 0.375" wall thickness, and will be API
5L X 52 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 30 mils aro
coating.
The pipeline will operate at a maximum operating pressure of 1480 PSI, will be tested to
a minimum 1850 PSI, and have a minimum yield strength of 52,000 PSI.
The pipeline will be regulated by the Texas Railroad Commission as an Intrastate
Pipeline. All design, materials and construction will, as a minimum, comply with the
following codes, ordinances and standards as applicable:
· The Department of Transportation ("DOT") Standard CFR Title 49, Part 195
"Transportation of Hazardous Liquids by Pipeline", and The "Railroad
Commission of Texas, Pipeline Safety Rules, Part IV
· ASME B31.8. "Gas Transmission and Distribution Piping Systems,
· U.S. Department of Labor Regulations Title 29, CFR 1910 and 1925,
"Occupational Safety and Health Standards",
· API 1104, "Standard for Welding Pipelines and Related Facilities".
ENTERPRISE GC, L.P. hereby makes this statement, that it agrees to the conditions and
obligations set out in ORDINANCE NO. 2004 - of the City of La Porte Pipeline
Ordinance; Section 1; Article IV. Pipeline Transportation, Sec 102-235 Application for
Permit 3 0), 3 (k), and 3 (1), and all sections thereof that apply, regardless if said
section(s) are specifically mentioned in this letter.
The anticipated construction start date is scheduled to begin by March 31, 2007.
Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and
the appropriate insurance certificate. If additional information is required, please contact
Allen Wagers, at (713) 644-3219 or 713-898-5551.
Thank you in advance for your prompt attention to this matter.
Sincerely,
~d~
Allen Wagers, Manager
Land & Right of Way Department
EXHIBIT 4
AREA MAP
CITY OF LA PORTE
HARRIS COUNTY, TEXAS
HARRIS
COUNTY
-'
t
"""'''
I
I
~
-
--
"""""
wWY
..-
-
-
LA PORTE
;;(
"""",-
LA PORTE
It. PROPOSED 1 'L' PlPEUNE
1.000' SOO' o'
I>-<UW
1_..
~.=- LP.
PROPOSED 12" PIPEUNE
CITY Of LA PORTE ROUTE MAP
HARRIS COUNTY, TEXAS
I.....
.....
'-""
I
.....
o
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 19,2007
Requ,,'ed By: wavn/~
Department: Planninl!:
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: ~Resolution: _Ordinance:_X_
Exhibits:
Ordinance 1501 -
Amendments to the Ordinance
Sample Sign
SUMMARY
On January 8, 2007, City Council directed staff to conduct a review of the existing provisions of the Code
of Ordinances Chapter 106 (Zoning) regarding public hearing notification requirements for property
owners located within 200' of the property for which a change in classification is proposed. This request
was made in conjunction with some concerns voiced over the public notification procedures used during
the process for the proposed rezone of property along Canada Road. On January 18,2007, the Planning
and Zoning Commission held a workshop where Staff presented an overview of the procedures mandated
by current State law and City ordinances. The Planning and Zoning Commission's consensus was that
200'ring remains in effect and the posting of a sign on the property shall be required.
Several cities in our area have approached this issue by adopting an ordinance, which defines public
hearing notification sign requirements. The applicant, in any case which requires a public hearing, shall
post a sign on the property in question. The sign shall not be erected in the road rights-of-way or in a
manner that would obstruct vision of motorists or pedestrians. The sign shall be furnished by the City and
must be posted at least 15 days prior to the public hearing at the Planning and Zoning Commission and at
least 10 days prior to the public hearing at the Zoning Board of Adjustment. The sign shall include
information indicating the action proposed and the date, time and place of the public hearing (see sample).
All signs erected under this amendment shall be removed by the applicant and returned to the City within
10 days after the public hearing. Public notice sign shall be II"x 1 7" for residential and sites less than
one-half acre and 24"x36" for sites one-half acre or more.
Staff, with the guidance from the Planning and Zoning Commission, reviewed the proposed amendment
to the Zoning Ordinance (Chapter 106). After a public hearing at the February 15, 2007, meeting, the
Planning and Zoning Commission, by unanimous vote, recommended an ordinance amendment by adding
requirements for on-site posting of public hearing information.
Action Required hv Council:
1. Conduct a Public Hearing.
2. Consider approving an ordinance amending Chapter 106 (Zoning) to add on-site sign posting
requirements to Sections 106-171 and 106-194 of the Code of Ordinances.
A
enda
6j-'-~c7
Date
ORDINANCE NO. 1501-J25
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 II.
"ADMINISTRATION", DIVISION 5, "AMENDMENTS", SECTION 106-171 (2) "NOTICE
OF PUBLIC HEARING BEFORE CITY PLANNING AND ZONING COMMISSION" TO
REQUIRE ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED
CHANGE IN ZONING CLASSIFICATION; AND BY AMENDING DIVISION 6,
"SPECIAL EXCEPTIONS AND VARIANCES", SECTION 106-194 "NOTICE OF
PUBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT" TO REQUIRE
ERECTION OF SIGN ON PROPERTY GIVING NOTICE OF PROPOSED VARIANCE,
SPECIAL EXCEPTION, OR APPEAL OF ENFORCEMENT OFFICER'S DECISION;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th day of February 2007, 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 as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible changes to
Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on February 15, 2007,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, which were the subject of such public hearing. The
ORDINANCE NO. 1501-~
Page 2
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated February 27, 2007, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 19thday of March, 2007, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. There is attached to this
Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing.
Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission to amend
Chapter 106 of the Code of Ordinances by amending Sections 106-171 and 106-194 to
add requirement for posting of outdoor sign giving of notice of public hearing before the
Planning and Zoning Commission and the Zoning Board of Adjustment respectively, to
read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as
if set forth herein verbatim.
Section 7.
The Director of Planning is hereby authorized to promulgate all
necessary written polices governing the construction, erection, and content of signs
ORDINANCE NO. 1501-~
Page 3
placed on property giving notice of public hearings before the Planning and Zoning
Commission and Zoning Board of Adjustment, not inconsistent with this ordinance.
Section 8.
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 the City of La Porte Zoning Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
Section 9.
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 10. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the 19th day of March, 2007.
CITY OF LA PORTE
~y~
ALTON PORTER, Mayor
By:
ORDINANCE NO. 1501- 05
Page 4
ATTEST:
BY:~~~
MARTHA GILLETT, City Secretary
APPROVED:
By ~-r~
CLARK ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of February, 2007, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider an amendment to the Zoning Ordinance of
the City of La Porte, pertaining to notice of public hearing for property owners located within 200
feet of the property on which the change in classification is proposed.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030for further information.
"oo.net) d
~--
-
or con during the public
hearing will be required to
sign in before the meeting
is convened.
PUBLIC NOTICES
THE STATE OF TEXAS
COUNTY OFHARRIS
CITY OF LA PORTE
CITY OF LA PORTE
. Ma.rtha Gillett,
TRMC, CMC
City Secretary
281-471-1234
Fax 281-471-5763
NOTICE OF PUBLIC
HEARING
A quorum of City Council ..
members may.'be present
In accordance with the and participate )f]disc4s-."
provisions of Section sions during this meeting".,'
106-1710ftheCodeof however, no action willbe
ordinances. of the City of t~keh by Council. .. '.'.>,1 .
LaPorte, and theprovi- ...... ....i ..> ....' ......".../ze
. . . f th T ..T T This facility;hasdisability I
:' ,slons 0 . e exa~Ofaacc()nimodations,:!avClil-.>1
,~ . ~ovemme~tCodEl' notice ...able. Re uests Jor.' ac: .,
.": '''Ishereby given that theLa. .... ................8...,. .....~!
..........por:tePIlil.n.riirj9.....an<:l.ZQl)ir!9.~'9PTJ;J:'J'.'!l!~t!~P~~;,'!.f.,w,t~rl?,f~;"t:Ji
"...C.. .' .... ,. ....... ..""'11". '..d.'.ct'. .-. '......,....tlve s. erv.. Ic..e. s. a. t.mee.. tmgs...,.....!1
". ommlSSlonWI con u a":."; ..... ........'. ....... ',' .>
.. ';"'bl" "'h"'. "'t'6 OO,;should be made 481)ouf$'1
. ,iPlj!~ Ela'1l)g.,~_ ~;.:,'piior;i,io;,;;ihe.~m'eefin{j.c!
s;P'i. '.Cl mEl5;1~t~ \~~l,~, Pl'ea.s~ contacjCitySecre~;;:.1
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'"'(City". . '6 ;FairrT16ntli~Z1.;?()?o.".,,pfif,"".JJ2Q";IJIa.€.,,.,
Parkwa . "'f~xas.(281)4!1-5q30toc,t~~her. . . .
.. 'Thep o. ':hearc'.Jnf'!f'r1~t'gp).?;..;~;;,:t;';'?5;:>lgned authonty, on thiS date came and
. ing., i to'" ....rf;:ari:".T;,';;;'..[r.;;'.;~",:';};,;, a duly authorized representative of The
amend en theZonrng , ' ., " . . l
Ordinance of~h~pity .of ~.. 6Ulld'~enll-weekly newspaper published and generally
. La Porte, pertalnrhg tona- . '
: ticeof public Maring for ld in the City of La Porte, Harris County, Texas and who
~ property. owners/located . ,. ,
~. ,~ithin 20() feet.ofthe prop-. ng duly sworn, swears the attached notice was published In
'e 0 llihiphthe cha.l')ge< h S d t d 1"7
S 'ifiditi' .i;,pro-i~,~s ore un a e - 0 J -0'7
~ >W~f~
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f,
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;-. .,.. g~~,;i)t.;a.9I.1) ..~~t,~~~,';~
(~';;"public.hearing jt~rns;an(i .
. L 1;;';,~t~,c~n?~ct,9tl)er<matt~rsjfre Y
~l;r!,p~rtalnlng t<? thEl<::()rnmls:,
.,. 'sion.'. . "
~.:
~ .
t ::
..'
,
,. ',' Citizens Wishing' to ad-
dress the Commission pro
, .
Sworn and subscribed before me this
LrtI~A/i e.h ,2007,
l ~ I-+)
day of
".~~'
arolyn Kellog
Notary Public
Harris County, Texas
1~':AlfVif;~
r~.rg
~~;-....;~~,~
,f..Wi,,'
KAROl.. VN KELLOGG
MY COMMISSION EXPIRES
April 11 , 2010
~
~
My Commission Exprires April 11, 2010
IOO-ftwr,~
City of La Porte
Established 1892
February 27, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Notice of Public Hearing
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on February
15, 2007, held a public hearing to consider amendments to the Zoning Ordinance
(Chapter 106 of the Code of Ordinances), by amending Sections 106-171 and 106-194;
notice of public hearing before the Commission and the Board respectively, and by
adding requirements for posting a sign on the property for which the change in
classification is proposed.
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the zoning ordinance amendments related to the notice of public hearing requirements
within 200' of the subject property.
Respectfully Submitted,
-H
Pat Mu on
Chairperson, Planning and Zoning Commission
c: John Joerns, Acting City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
Zoning Board of Adjustment
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
d~C
ZOA#07-01
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 19th day of March, 2007,
in the Council Chambers ofthe City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider an amendment to the Zoning Ordinance of the City of La Porte,
pertaining to notice of public hearing for property owners located within 200 feet of the property on
which the change in classification is proposed.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further information.
x...,.,. D
PUBLIC NOTICES
~;g~ 'j; before the meeting
is convened.
. , ~-<
ZOA#07~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
CITY OF LA PORTE
Martha Gillett,
TRMC, CMC
City Secretary
1
281-471-1234
Fax 281-471-5763
NOTICE OF PUBLl,C
HEARING
A quorum of City Council .
'members may be present,.
and participate. in disc.us-"
sions during this me~tmg,.,
however, no action Will be
taken by Council.
In . accordance
with the provisions of Sec- . . .
tion106-F10f the Co?eThisfaci/ity has disability
of Ordinaflces of the Clty:accommodationsavall-
of La porte, andth!'l p~ovl-'able. .Reque~ts ... for ac-
sions of}he TexasLO?alcommodations or intef1?re-
Government Code, . nottcetivese,rvices. at meetmgs .
is hereby given that ~he L.a should be. made, 48 ho.urs
Porte ...... City : c~uncll... . ~III .. prior. ....to.. ... the ./lfeetmg.,
cOl')dlJct..a ..pubhc heanng . Please cOhtact.c;,typecre-,
;..at,i);9PJ) ~fIII~..i ()fl.t2hoe071~~~. .tary'$.;..g.ffiSe.. \ . aDt D.. .X2L~ 1e>"
day"o!March, .,1 471-50200rT .. ...... m)
. ;the.Rq~ncn Cha4T~er~a~!..;(?8.U4~t:.5lJ~9J~r!~1~~{;~rsigned authority, on this date came and
the City Hclll, 60 ,.' .;:jnfof"1fi.!19n:.'<'<.i:, " "
mon... ,rkw ,La.Porte.f'i.'.... ..;('~y, a duly authorized representative of The
Te s..: e purpose 0 . ....... ..... ',' "
thish ri. i toooonsider ... ii-weekly newspaper published and generally
an Elme e to ~o.n-. .'. . "C"ty f L P rt H "C ty T d h
ing'" nanc ot 'Ity..,nvU Ifl me loa 0 e, arns oun , ex as an w 0
~b!~~ ~~~~bli hearing f~:eing duly sworn, swears the attached notice was published in
prpp~rty own s locate~ ~yshore Sun dated '5 -'-I~D'7
. within 200 feet. of the. prop:
/K'.j'. .' .h"hthechange\
r..~~.;,.c.~..,.,..'.r..ffit.a.~"".:...J'.... "'.'...._.'....O.~.'.I... \ f'\A
....... ................~~
>< A 'regular meet-.<
ifl9()fthe<::ityqouncil~ill,
'. Jollow . the .Pllbhc heanng,idfrey
for the PH,rpQseof act~I1!Ji
. '.'upon the : public heanng
items and to .conduct other
matters . pe.rtaiflin~ )Om.~.
Council. -:i,.
~~
Citizens wishing
to.address the Coun?i1 P~o~nd
or con during )h~p~bhC
,e //(1/'1 Ch
subscribed before me this
,2007.
$-t-J,
day of
K rolyn Kellogg
Notary Public
Harris County, Texas
KAROLYNKEIl.OGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires April 11 , 2010
..-E
Amendments to the Ordinances
DIVISION 5. AMENDMENTS
Sec. 106-171. Amendment Procedures.
(2) Notice of public hearing before city planning and zoning commission. Written
notice of all public hearings before the city planning and zoning commission on proposed
changes in classification to property shall be sent to owners of real property lying within
200 feet of the property on which the change in classification is proposed, such notice to
be given not less than ten (10) days before the date set for hearing, to all owners who
have rendered their said property for city taxes as the ownership appears on the last
approved city tax roll. Such notice may be served by depositing the same, properly
addressed and postage paid, in the city post office. In addition, any person requesting a
change to the classification of property shall be required to erect and maintain a sign on
the property advising the public of the requested change in classification, not less than
fifteen (15) days before the public hearing. The sign shall be erected and displayed
according to standards established in the City's written guidelines for erection of signs on
property for notice of public hearing before the Planning and Zoning Commission and
Zoning Board of Adjustment, which guidelines shall be on file in the office of the
Director of Planning. Furthermore, at least fifteen (15) days notice of the time and place
of such hearing shall be published once in a newspaper of general circulation in the city.
DIVISION6. SPECIAL EXCEPTIONS AND V ARlANCES
Sec. 106-194. Notice of public hearings before the board of adjustment.
The notice of public hearings provided for in this section shall be given by publication
once in a newspaper of general circulation in the city stating the time and place of such
hearings, which shall not be earlier than ten days from the date of such publication, and in
addition thereto, the board of adjustment shall mail notices of such hearing to the
petitioner and to all owners of property lying within 200 feet of any point of the lot or
portion thereof, on which a special exception or variance is desired, or appeal of the
determination of the enforcement officer, and to all other persons deemed by the board of
adjustment to be affected thereby; such owners and persons shall be determined
according to the last approved tax roll of the city. Such notice may be served by
depositing addressed and postage paid, in the city post office. In addition, any person
appealing the enforcement officer's determination, or requesting a special exception or
variance with respect to property shall be required to erect and maintain a sign on the
property advising the public of the requested appeal or action, not less than ten (10) days
before the public hearing. The sign shall be erected and displayed according to standards
established in the City's written guidelines for erection of signs on property for notice of
public hearing before the Planning and Zoning Commission and Zoning Board of
Adjustment, which guidelines shall be on file in the office of the Director of Planning.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
Amount Requested: NA
Budeet Item: NA
Agenda Date Requested: March 19. 2007
Requested By: Wayne J.~b. JJ',~
/ r
. ,
Department:
Plannine
Report: -X-Resolution: _Ordinance:_
Exhibits: Memo; SCUP Approvals
Ordinance
P&Z Staff Report
Area Map
Public Notice Responses
SUMMARY
This item was tabled at the February 12,2007, and February 26,2007, meetings. A public hearing was opened and closed at the
February 12th meeting. After receiving public input for and against the proposed SCUP, Council tabled the decision until the issue
could be heard before the entire governing body. A memorandum was previously forwarded to claritY the conditions for approval
of a SCUP (Section 106-217) and is included as an exhibit.
On January 18,2007, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 07-001 for Future
Farmers of America (FFA) and 4-H projects facility to be located at 11006 North Avenue P. Allan and Shelly Rankin are seeking
this permit for their son Derrick Rankin, who is an active member of La Porte 4-H Club and La Porte FF A Chapter at La Porte
High School. The subject property is zoned Large Lot District (LL). The Code of Ordinances, Section 106-416 requires a Special
Conditional Use Permit for FFA & 4-H projects to be located in the district.
FFA is an integral part of the school's agricultural science program led by an agricultural science teacher. These projects are
basically educational in nature and not for commercial purposes. Animals will be shown at various rodeo arenas or exhibitions in
different cities throughout the State. All the proceeds will go towards scholarship funds for college education. The FF A program
is designed in such a way to change lives and prepares students for premier leadership, personal growth, and career success.
The applicants are proposing to house animals at the barn located at least 100 ft. away from the principal structure. The facility
appears to be in a good shape and is kept clean per health and safety standards. In addition, the applicants agreed to meet
additional conditions imposed based on specific site constraints necessary to protect the public interest and welfare ofthe adjoining
property owners.
There were approximately 70-75 people present during a public hearing at the Planning and Zoning Commission meeting. By
judging their comments or expressions, all seemed to be in favor except one spoke against the project. Issues/concerns raised at the
meeting were regarding flies, unsanitary conditions, and run-off from the animal wash area to the adjoining properties.
Subsequently, P&Z imposed the following three additional conditions to be included to the draft SCUP; a limit of 8 animals at a
time, permit expire June 2010, and ensure the run-off from the animal wash area stays on the property. By unanimous vote, the
Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU07-00 1
with the conditions as listed in the SCUP.
As required by Ordinance, Eight notices of public hearing were mailed to the property owners within 200' of the site. Seven
responses were received, all opposed. Out of these seven written responses, 4 were from the property owners within 200' and 3
outside the 200' radius circle. As per State Law and Section 106-171 (7) of the City's Code of Ordinances, if a written protest is
signed by 20% of the residents within 200' ring from the proposed site, a vote of % of all the members of the governing body "City
Council" is required to approve the motion.
Action Required bv Council:
Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 07-001 for FF A &
4-H projects 1 to be located at 11006 North Avenue P. This item requires a super majority vote for approval.
enda
;?tA/JOhn Joerns, Interi
J,;P PO, 7
Daie '
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX 77571
www.laportetx.gov
Phone: (281) 471-5020 I Fax (281) 470-5005
MEMORANDUM FOR RECORD
February 14,2007
TO:
Mayor and City Council ~1
John Joerns, Interim City Managerd '~r1
Wayne J. Sabo, Planning Director
THRU:
FROM:
Re:
Division 7, Conditional Use Permits; Chapter 106 (Zoning);
City Code of Ordinances
After the City Council meeting on February 12,2007, Staff was asked to provide information
regarding Section 106-217 pertaining to the approval of Special Conditional Use Permits
(SCUP), as quoted by Mr. Vernon Johnson during the public hearing for SCUP 07-001
(FFA/4-H). The referenced section of the Ordinance is found beginning on Page CD:I06:35-
36 in Chapter 106 (Zoning).
. A question was asked if City Council may alter a SCUP that has been recommended
by the Planning and Zoning Commission. Section 106-216 (c) states: "After a publie
hearing and upon recommendation of the city planning and zoning commission,
the city council may modify the fmal planned unit development and issue a
special conditional use permit containing such requirements and safeguards as
are necessary to protect adjoining property." In essence, the City Council may
approve or deny the permit as written or may approve it as modified as the Council
sees fit.
· Section 106-216 (f) goes on to state: "Every special conditional use permit granted
as provided herein shall be considered as an amendment to the zoning ordinance
as applicable to such property."
. Section 106-216 outlines Conditions for approval:
~ That the specific use will be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity.
~ That the conditions placed on such use as specified in each district have
been met by the applicant.
~ That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints, and necessary to protect the public
interest and welfare of the community.
2
The stated conditions for approval of a SCUP are listed in every Staff Report going before
the Planning and Zoning Commission to remind them about the criteria for recommendations
of approval. There are similar conditions set up for the granting of special exceptions and
variances being reviewed by the Zoning Board of Adjustment.
The first stated condition, regarding specific use being compatible with and not injurious to
the use and enjoyment of other property is, of course, highly subjective and normally the point
of contention in cases under protest. In these situations, the Planning and Zoning
Commission includes additional conditions to mitigate the perceived impact on use and value
of property, as was done for SCUP 07-001. Once again, however, any draft SCUP being
considered may be modified by Council.
ORDINANCE NO. 1501- N S-
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 #SCU07-001 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 1.93 ACRE TRACT OF LAND BEING TR
394A, LA PORTE OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT - 5, LA PORTE, HARRIS
COUNTY, TEXAS FOR THE PURPOSE OF FFA AND 4-H PROJECTS IN A LARGE LAOT DISTRICT
(LL) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1.
The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 18th day of January, 2007, 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 as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3.
On January 18, 2007, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider changes in classification, which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 22nd day of January, 2007, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- N 5
Page 2
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 12th day of February, 2007, at 6:00 p.m., and pursuant to due notice,
to consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6.
The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
1.93 acre tract of land located at 11006 North Avenue P; being TR 394A, La Porte Outlots,
Enoch Brinson Survey, Abstract-5, La Porte, Harris County, Texas.
"Section 7.
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 the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8.
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
ORDINANCE NO. 1501- NS
Page 3
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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the I {'~ day of ~ 2007.
CITY f{ LA PORT~
By: ~~, ~
ALTON PORTER, Mayor
ATTEST:
By: Lfrltud~
MARTHA GILLETT, City Secretary
APPR~
By: ~ T~
C~RK A KINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 18th
day of January, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU07-001, for 1.933 acre tract ofland being TR 394A, La Porte OutIots, City of La Porte, Harris
County, Texas. The property is located at 11006 North Avenue P. Allan & Shelly Rankin, is
seeking approval of a permit for proposed designation of 4-H and FF A project at 11006 North P
Street. A Special Conditional Use Permit is required for the project site to be located within Large
Lot District (LL) as per Section 106-416 of the Code of Ordinances.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
i)~~.ci:, ~ L}'~ .~. F-l
~ &L~J
1111:;.. IltlcUlllg . IS. to consloer
SpecialCQnditionaJ U~e
.:F,>errTlit: ..... ~~.,'~Ul3st
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;f3~<J~, La {P_~~e9lJtll2ts:
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Fax 281-471-5~.'.99.u9%;I~*f\i:'~~'"l)1~-'pr9P~
'.erty .. IS ...Io.cated'at 11 006
f'.J()r'lti,:Av~iii.le""~,}(;~Allah.. .
qmdr :Shelly:Rankinare..
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'W Ject'at:,'11006 i North P
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,-Cod . '. ., inar)ces:
TheB
820 S. 8th Street
La Porte, Texas 77571
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date came
appeared Lisa Godfrey, a duly authorized representative of
Bayshore Sun, a semi-weekly newspaper published and gen'
distributed in the City of La Porte, Harris County, Texas and .'"
after being duly sworn, swears the attached notice was publish:!'~Sg"
The Bayshore Sun dated I ~ ~ 3 J ~o y . gr"
Lisa Godfrey
Sworn and subscribed before me this
?:/>U-,~w'J - ,2007.
cifaJr ~kgP(
Karolyn Kellogg
Notary Public
Harris County, Texas
My Commission Exprires April 11 , 2010
\''lW
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,I",9U?rC![QiWcef! of)he City d ' ,~ ,.
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City of La Porte
Established 1892
January 22, 2007
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU07-001
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on January 18,2007,
considered Special Conditional Use Permit #SCU07-001. The applicants, Allan and Shelly Rankin,
seek approval to allow FFA & 4-H projects to be located at 11006 North Avenue P within the Large
Lot District (LL).
The Planning and Zoning Commission, by a unanirnous vote, recommends that City Council
consider approval of Special Conditional Use Permit #SCU07-001 with the following conditions:
1. SCU#07-001 is specifically limited to FFA, 4-H projects.
2. Project will be limited to eight (8) animals at a time.
3. Project is agricultural in nature and not for commercial purposes.
4. Project site, including barn, is kept clean and sanitized per health and safety standards.
5. On-site records are kept to help ensure proper treatment and timely dissemination.
6. Follow preventive health measures and proper vaccine precautions.
7. Ensure timely manure removal from the facility to control flies and odors, to avoid potentially
harynful residue, which could pose a health hazard to humans.
8. Ensure the run-off from the animal wash area stays on the property and does not flow towards
adjoining properties.
9. Annual Certificate of Compliance with safety standards shall be applicable.
10. This permit will expire June 2010.
II. The Developer shall comply with all applicable laws and ordinances of the City and the State
of Texas
~SpeCtfullY Submitted,
Pat Muston
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
!~lj}f~ r~' f'f
~~"'-; .. , ~)
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the Ith day of February,
2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-001, for
1.933 acre tract of land being TR 394A, La Porte Outlots, City of La Porte, Harris County, Texas.
Allan & Shelly Rankin, are seeking approval of a permit for FFA and 4-H project site at 11006
North P Street. As per Section 106-416 of the Code of Ordinances, a Special Conditional Use
Permit is required for the project to be located within Large Lot District (LL).
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
PUBLIC NOTICES
J. -.. c"_._._ "',. ..,
'-.',:.
U}JVII,_U_lv'", tJu.um';}I~Clflng
'" ' items and to conduct other
..' ....matterspertai~ingtothe
. .Countil. . . . ",,'" ','
..;JHEST~TE OF TEXAS', " .. , ' ,
1~~~~li~t:~~_ktl&~~4~~r:
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, ... . NOTlCEOFPUBLlC '. is.c2rV~!}~9:, ".' '
r~~~~~~~~~'~'!'~~~!,~~~rE"
,.,. i;itior106-171 .'.of ttie,qode,MarthaGHlett, .
. . " S" . . . . . ::of' prdinancesof . the'.. City.:,\,.,,'J;Rty1C,. CM<>;,'
ea . mee IJ,()fla.'f'()rte;and .eprOVi-?:"..;t'i",..;.,21!Y:.:,~~<.;.r~t~!Y:
i~,signs.oJ!he.. ...c;i.sLgcal], ').c..,
~.:'..Goy.el~ent '..()d~,.no.' ..'i........ ..... ...'
E;~o~~Jli9. ...gJ2~h~~xi }\fu~~~
City of La Porte ~COQductpu . ':/1. ci,pa
County of Harris ~,at~:qo the pseiu
l.idaY'(If .'~' ,20 ...Irl Wever,i....
State of Texas rLth~.~-, un(illa ',I'b'J bYJ?t?l.!nciI:::'VI
Before me, the undersigned authority, on I,i:~g!if~ ~~.,:'i!
appeared Ll'sa Godfrey, a duly autho rl"zed ri.......r.'.'_,',..l.,......t~I'oon~...as.'. Ilclu~rs/'e..;;'.PpPe...e...'rm.p.........I~I.t'..t...'R.i;e9q.ouPe'.?.'s!'t.,.,..,..~:"''t,~qijeft~'iof'acpom~,;j
\-: . .... . .'hb(fatio'lf.Ibrolnte,pretivii"'U
Bayshore Sun a semi-weekly newspaper putj,~l;QlJ9'7.;P91,;foL1,933.! s,erYf9(3s.\Lf1t:me,fjti/']gs,:!
., .' " . l'f,acr~ tr,Ciet;9fICirJclb~ifl9 IR ~J:1.ouICl,bfJfJ1ad~ 48ho.ursi
dlstnbuted In the City of La Porte Hams COll3~1A":Wpofte';putlots;pnor 'to the meet,nfl.
" 'l'j; Cltypf.Ll:(.P9rte 'HarrisP1fjas,fJ, COn.tact the. ' CItY
after being duly sworn, swears the attached nC;lc()u/"lW;'/tE3~as,:T7';'AJlan;&i}'~Elc:rfJtCl;y~.~P,"!ce<atT2~1)}i
Th B h S d d j~'9~~Ux..~~l')kin'Clr~~Eleking......,471-g.eg()x,or..r:OPbu;e....,
ci;s ~~e 1-~"-D7 ~;2~"r:~!.~~.c!~t~;,~l!~~~:r~=bl
Lisa Godfrey';""':;:;;]
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1!.il1gio ... lincilwilli
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Th'............... B..........
.' '.
e
820 S. 8th Street
La Porte, Texas 77571
;~;,.;: , '~
,-
Sworn and subscribed before me this
~ 'f/VIA "t'7AA.l ~007"
I
ZU1&'
~14,
day of
arolyn Kellogg
Notary' Public
Harris County, Texas
l""",.Il..
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KAROLYN KElLOGG
MY COMMISSION EXPiRES
April 11, Z.:110
"""-~
I
.
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My Commission Exprires April 11, 2010
.-
City of La Porte
Special Conditional Use Permit # SCU 07-001
This permit is issued to:
Shelly and Allan Rankin. (Derrick Rankin. son)
Owner or Agent
11006 North Avenue P. la Porte TX 77571
Address
For Development of:
FFA & 4-H Proiects
Development Name
11006 North P Avenue
Address
legal Description:
TR 394 A. la Porte Outlots. City of la Porte.
Harris County. Texas.
Zoning:
Laroe lot District (ll)
Use:
FFA & 4-H (Livestock Proiects)
Permit Conditions:
1. SCU#07-001 is specifically limited to FFA, 4-H projects.
2. Project will be limited to four (4) grazing animals at a time.
3. Program is agricultural in nature and not for commercial purposes.
4. Project site including barn is kept clean and sanitized per health and safety standards.
5. On-site records are kept to help ensure proper treatment and timely dissemination.
6. Follow preventive health measures and proper vaccine precautions.
7. Ensure timely manure removal from the facility to control flies and odors, install a fly control system,
trailer will be tarped and limed to avoid potentially harmful residue which could pose a health
hazard to humans.
8. Ensure the run-off from the animal wash area stays on the property and should not flow towards
adjoining properties.
9. Annual Certificate of Compliance with safety standards shall be applicable.
10. This permit will expire June 2010.
11. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Lj)J~ d:L&J
City Secretary
Staff Report
January 18,2007
Special Conditional Use Permit #SCU07--001
Request:
Request Bv:
Requested For:
Present Zoning:
Requested Use:
Background:
Special Conditional Use Permit for proposed Future Farmers of America
Program (FFA).
Allan and Shelly Rankin r/o 11006 North Avenue P.
1.93 acre tract of land being TR 394A, La Porte Outlots, City of La Porte,
Harris County, Texas.
Large Lot Residential (LL)
Continuing education in the ownership and care oflivestock projects.
FF A is a dynamic, student-led leadership development organization for
students of agricultural education. The FF A changes lives and prepares
students for premier leadership, personal growth and career success.
Future Farmers of America is the official name of the organization.
Agriculture is much broader than farming and ranching. Members study
things such as horticulture, aquaculture, food sciences, accounting,
wildlife management, mechanics and engineering. Regardless of an FF A
member's career choice the FF A provides opportunities to build and apply
math, science, technology and leadership skills to their life. The FF A is an
integral part of the school's agricultural science program. Each local
program is led by an agricultural science teacher who works for the
school. FF A members apply what they learn in the classroom in FF A
activities through school activities. FF A activities are an outgrowth of the
classroom and supervised independent enterprises and projects.
Every FF A member must have a supervised agricultural experience
program (SAE). SAE is a project or enterprise that gives members hands-
on training and a chance to apply what is learned in the classroom.
Livestock projects are very popular, but there are a lot of options:
placement in an agricultural job, internships, experimental work in
agricultural science, horticultural projects and crop projects.
The applicant's son, Derrick Rankin, a participant of the La Porte FF A
Chapter at La Porte High School and an active member of the La Porte 4-H
Club, is proposing to house animals for livestock projects at the facility. The
subject property is located at 11006 North Avenue P. A I-story metal
buildinglbarn is located at least 100 ft. away from the principal building.
Approximately a I-acre tract of land is undeveloped with a pond in the rear
of the subject tract.
The zoning designation of the property in question is Large Lot Residential
(LL). FF A & 4-H programs are classified as conditional use per Section
106-416 of the City's Code of Ordinances.
SCU07-001
1/18/07 (P&Z)
Page 2 of3
Analysis:
Conclusion/
Recommendations:
Section 106-217 establishes the following review criteria and conditions for
approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each district, have
been met by the applicant.
. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
The proposed use would have some impact on the surrounding properties.
Traffic flow within and between neighborhoods and throughout the
community should not be affected by the proposed use. Existing roads are
adequate to support the said project.
Staff has reviewed existing facilities and services for each of the component
of the utility system for the proposed development. Existing water is
adequate for potable and fue protection. Sanitary sewer is available to the
property. Storm drainage is not affected by the proposed use. The property
abuts Harris County Flood Control District's drainage channel to the south.
Staff has found the request satisfies applicable Ordinance requirements. The
request is compatible with the goals and objectives of the Comprehensive
Plan. The specific use should be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity.
Staff recommends approval of Special Conditional Use Permit #SCU07-00l
with the following conditions:
. SCU#07-00l is specifically limited to the FFA & 4-H programs.
. Program is agricultural in nature not for commercial purposes.
. Project site including barn is to be kept clean and sanitized per health and
safety standards.
. On-site records are kept to help ensure proper treatment and timely
dissemination.
. Follow preventive health measures and proper vaccine precautions.
. Ensure timely manure removal from the facility to control flies and
odors, so that it does not have potentially harmful residue which could
pose a health hazard to humans.
SCU07-001
1/18/07 (P&Z)
Page 3 of3
. Annual Certificate of Compliance with safety standards shall be
applicable.
. The applicant shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular meeting to
allow additional testimony and further study of this item. This results in
tabling any action on this item.
AMeeting of the La Porte
~:J 18, 2007
ate 0 Meeting)
to Consider
R.' i:. r>L~\tFn
Il.J.J[J ~ -'""
JAN 1 5 2007
P'Lrti,.i.r\\~~\lr~ n;tPT.
t\t'6\;~IiV~d'~~' Ii
pl~nninR & Zo~ Commission
(Type of Meeting)
Scheduled for
Special Conditional Use Permit (SCU#07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
~~
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pbnn;nr. & Zo~ Commission
(Type of Meeting)
Scheduled for
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JAN (l g 2007
~:J 18, 2007
ate 0 1-1eeting)
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Special Conditional Use Permit (SCU# 07-001)
(Type of Request)
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I have receIVed notice of the above referenced public hearing.
I am in FAVOR. of granting this request for the following reasons:
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I am OPPOS to granting this request for the following reasons:
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City, State, Zip
AMeeting of the La Porte
p~nn'nf. Be Zoning Commission
(Type of Meeting)
Schedwed for
W:J 18. 2007
ate Meeting)
to Consider
JA.~ I "1 ''''''''7
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1.._1
Special Conditional Use Permit (SCU# 07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FA VCR of granting this request for the following reasons:
I am OPPOSED to gr.mting this request for the following reasons:
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Pbnninf. & Zo~ Commission
(Type of Meeting)
Scheduled for
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~:J 18, 2007
ate 0 Meeting)
to Consider
JAN 1 7 2007
Special Conditional Use Permit (SCU# 07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of gr.mUng this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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PAGE 211
A~eeting of the La Pone
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JAN 1 7 2007
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PbnninR &. Zo~ Commission
(Type of Meeting)
Schedwed for
JAr~ 1 7 2007
---tt:::J 18, 2007
ate Meeting)
to Consider
Special Conditional Use Permit (SCU# 07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR. of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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AMeeting of the La Porte
Pbnninp; &. Zo~ Commission
(Type of Meeting)
Scbeduied for
------1and 18, 2007
--U:>ate Meeting)
to Consider
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.. ~ 2007
Special Conditional Use Permit (SCU# 07-001)
(Type of Request)
I have received notice of the above referrnced public hea:wg.
I am in FA VCR of gr.utting this request for the following reasons:
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\, / I ~~ting this request for the following reasons:
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 19.2007
(jf2
Appropriation
Requested By: Ale'!" Olimond
Source of Funds:
Department:
A.dmiDiitntioD
Account Number:
Report:
Resolution:
Ordinance:XXX
Amount Budgeted:
Exhibits: Ordinance No. 2007-
Amount Requested:
Exhibits: Work Shop Aeenda ( February 26. 2007)
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
This is an ordinance change for the City of La Porte's Bay Forest Golf Course.
Staff is recommending decreasing the senior resident annual green fee membership from $1000.00 to $900.00.
Staff is also recommending adding an annual green fee membership for City Of La Porte employees (full time and
part time) for the sum of$900.00.
Paragraph ( 5 ) has been added on page #2 to give the Golf Course Manager authority to implement marketing
promotions to enhance revenue.
Action Required bv Council:
Approve ordinance changes for the City of La Porte's Bay Forest Golf Course.
A
JI:Fbo7
Date '
ORDINANCE NO. 2007- d.. ~ ,3'7- D
AN ORDINANCE AMENDING nAPPENDIX A, FEEs,n CHAPTER 50, npARKS AND
RECREATIONn, ARTICLE II, nGOLF COURSEn, OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, CONTAINING
A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Sec tion 1.
"Appendix A, Fees," Chapter 5 0 , "Parks and
Recreation", Article II, "Golf Course", of the Code of Ordinances
of the City of La Porte is hereby amended and shall hereafter read
as follows. The amendments contained in this ordinance shall be
effective April 1, 2007.
Section 2. Chapter 50, "Parks and Recreation," Article II.
"Golf Course", subchapter (d), is hereby amended and shall
hereafter read as follows, to-wit:
"(d) User fees for annual membership holders
(1) Residents
50-32
a. Cash...................... 1,100.00
b. Payment plan, $500.00 down, and 11
monthly payments of $57.31 each,
including interest at the rate of
ten percent per annum, for a total
of $1,130.39 for the year.
(2) Resident senior citizens
a. Cash........................ 900. 00
b. Payment plan, $500.00 down, and 11
monthly payments of $38.38 each,
including interest at the rate of
ten percent per annum, for a total
of $922.18 for the year.
(3) Nonresidents
a. Cash...................... 1,250.00
b. Payment plan, $500.00 down, and 11
monthly payments of $71.64 each,
including interest at the rate of
ten percent per annum, for a total
of $1,288.02 for the year."
(4) City of La Porte employees
(full time and part time)
a. Cash........................ 900.00
b. Payment plan, the sum of $35.00 will
be deducted from each employee pay-
check, based on 26 paychecks per
year.
(5) The Golf Course Manager shall have the
authority to market the golf course by
using various promotions, such as daily,
hourly, and/or price specials, and other
promotions which he may deem desirable
to enhance revenue at the Bay Forest
Golf Course."
Section 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 4. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 5.
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
2
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be in effect from and after
its passage and approval.
The fees in this ordinance shall be
effective April I, 2007.
PASSED AND APPROVED, this 19th day of March, 2007.
By:
CITY OF LA PORTE
~~~
Alton E. Porter
Mayor
ATTEST:
~t?c44
Mart a A. Gillett
City Secretary
APP~ 2J ~
Knox W. Askins
City Attorney
3
Golf Course Workshop
February 12, 2007
Senior Resident Memberships
We would like to increase the incentive of being a Senior Resident Member. At
this time we only have 4 active senior resident members that pay $1,000 annually. We
would recommend a price reduction of $1 00 for resident seniors making their yearly
commitment $900. This would take an ordinance change.
Emplovee Memberships
We get requests from employees that play golf for employees' discounts or
memberships. We could offer to full time employees the same rate as our Senior
Resident Memberships. We feel like this would be an incentive for employees to use the
facility more and also an incentive for employees to take up the game at an affordable
price. We also could offer employees payroll deductions to spread out the cost over 12
months. This would require an ordinance addition.
Senior Rate Time Restructure
We would like to lift the 11 :00 time restriction for senior discounts on weekdays
with the exception of Fridays. Most golf courses offer the senior rates all day. We start
weekend rates on Fridays at 11 :00. Rates for seniors (60 and older) are: Resident (La
Porte only) $10.50, Non Resident $13.50. No ordinance change would be needed.
Credit Card Fees
Years ago, when we started taking credit cards for payment, we instituted a credit
card fee of 5% to overcome the processing fees of the vendor. Our percentage of credit
card users then was approximately 10%. Now it is 30%. This fee is also charged on the
usage of debit cards.
We receive complaints from customers on a daily basis. It makes the cashiers
uncomfortable to try to explain the reason of the charge. We would like to be user
friendly at our job. If possible, we would like to discontinue the 5% processing fee. It
would also help us be more precise when we quote rates on the phone and internet. No
ordinance change would be needed.
Promotional Fees / Marketing Specials
The rate ordinance sets the green fee and cart fee rates. The general manager sets
the time. In this day and time, we now have to market golf by using several promotional
tactics. Daily specials, mternet times, holiday specials, etc. Can we put more language in
the ordinance to allow the general manager to set rates and manage these marketing
promotions? This would be an ordinance addition.
S:\Golf Course\2007 W orkshop.doc
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 19,2007
Appropriation
- ~quested By: Alfred Ownes
Source of Funds: na
Department: IT
Account Number: na
Report: XX Resolution:
Ordinance:
Amount Budgeted :na
Workshop Presentation
Amount Requested: na
Exhibits:
Exhibits:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Receive workshop report on fiber optics.
Action Required bv Council:
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What is IT'S purpose
. To provide a quality of service in the
area of information technology that
keep our citizens informed and our
city up to date with the latest
technological developments.
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What is needed to continue
QoS (Quality of Service)
. Introduction into Fiber Optic and its
Benefits
. Fiber Optic - technology that uses
glass threads to transmit data. The
glass thread transmit messages
modulated onto light waves.
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Benefits
. Fiber optics travel with greater
bandwidth than metal/wireless
connections. More data carried
quickly.
. Fiber less susceptible than other
connections to interference.
. Data can be transmitted in a digital
rather than analog format. (Natural
form for computers)
What can Fiber do for the
City of La Porte
+ Improve our connectivity issues
. Become less dependent on other
entities for its connections
. Improve speed of information
transferred by upgrading the
infrastructure
. Provide growth potential for future
IT developments
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Who can provide the OoS
. Vendors that have the equipment and
connectivity to provide the City of La Porte
with the services we require.
. Vendors willing to do all construction,
setup,& installation costs for this project.
. Vendors that have a 24/7 monitoring
operation.
. Vendors that offer a redundancy backup
to another location in case of
communication failure at our La Porte hub.
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Other advantages
. Better support and maintenance on IP
phones system
. Efficient video streaming on IP cameras
. Performance enhancement for remote
administration on computers for
maintenance and diagnostics
. Assist in establishing better
communication with other agencies
(Federal, State, and Local)
IT's Purpose
. IT to provide the City of La Porte
employee's and its citizens a quality
of service that extend beyond the
basic capabilities on distributing
electronic information, but to become
a fore front leader in achieving
information with all the latest tools
that are available with cost saving
reasons in mind.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested March 19,2007
Mayor Porter
. A~ropriation
folliE ,tllJn-/; ietl I>y COunciL
Source of Funds:
Requested By
Department:
HaYQr all.Q Ci1?,' CQ11gdl
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance and Contract
Amount Requested:
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
I am recommending we enter a new contract with Debra Feazelle to continue working on economic development
projects for a period of time agreed upon by Council. Compensation to be determined and agreed upon by Council
and Ms. Feazelle.
Action Required bv Council:
J j,zJ:;tJo 7
Date
if
ORDINANCE NO. 2007-2979
AN ORDINANCE APPROVING AND
BETWEEN THE CITY OF LA
APPROPRIATING NOT TO EXCEED
MAKING VARIOUS FINDINGS AND
FINDING COMPLIANCE WITH THE
EFFECTIVE DATE HEREOF.
AUTHORIZING A CONSULTING AGREEMENT
PORTE AND DEBRA BROOKS FEAZELLE,
$15, 000 . 00 , TO FUND SAID AGREEMENT,
PROVISIONS RELATING TO THE SUBJECT,
OPEN MEETINGS LAW, AND PROVIDING AN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The Mayor is hereby authorized to execute
such document and all related documents on behalf of the City of
La Porte.
The City Secretary is hereby authorized to attest to
all such signatures and to affix the seal of the City to all such
documents. The City Council of the City of La Porte appropriates
'\
the sum of not to exceed $15,000.00, from General Fund Account No.
00160605105004, to fund this agreement through balance of the
fiscal year ending September 30, 2007.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code i and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 19th day of March, 2007.
CITY OF LA PORTE
By:
~t~~
Alton E. Porter
Mayor
ATTEST:
~4tda /! ~~
Martha A. Gillett
City Secretary
APP~-zU~
Knox W. Askins
City Attorney
2