HomeMy WebLinkAbout2009-01-26 Regular Meeting, Public Hearings and Workshop Meeting of the La Porte City Council
MINUTES OF A REGULAR MEETING, PUBLIC HEARINGS, AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
January 26, 2009
1. Call to order
The meeting was called to order by Mayor Pro-Tem Clausen at 6:00 p.m.
Members of City Council Present: Mayor Pro-Tem Mike Clausen, Council members
Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Georgia Malone and Chuck
Engelken
Members of Council Absent: Mayor Alton Porter and Howard Ebow.
Members of City Executive Staff and City Emplovees Present: City Manager Ron
Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief
Kenith Adcox, Assistant City Manager John Joerns, Director of Public Works Steve Gillett,
Finance Director Michael Dolby, Purchasing Manager Susan Kelley, Director of Planning
Tim Tietjens, City Planner Masood Malik, Building Official Debbie Wilmore, Court
Administrator Linda Kilgore, Deputy Court Clerk Lisa Cysdek, Deputy Court Clerk Marion
Harris and a number of other employees
Others Present: Barry Beasley, Carlos Martinez, Ted Powell, John Kerbey, Dottie
Kaminski, David Janda, Katherine Aguillar, Tommy Harman, Mike Henry, Pat Clark,
Colleen Hicks, Adam Yanelli of the Bayshore Sun, and a number of other citizens.
2. Reverend Michael Davis of the First Assembly of God delivered the Invocation.
3. Mayor Pro-Tem Clausen led the Pledge of Allegiance.
4. Presentations/ Proclamations
There were none.
5. Consent Agenda
A. Council to consider approving minutes of the Regular Meeting, Public Hearing
and Workshop Meeting for La Porte City Council held on January 12, 2008 - M.
Gillett
B. Council to consider approval or other action of an ordinance vacating, abandoning,
and closing the West "F" Street Right-of-Way from the west Right-of Way line of S.
H. 146 to 310 West - (Ord. 3124) - 1. Tietjens
Minutes of Regular Meeting, Public Hearing and Workshop Meeting held on January 26, 2009
Page 2
C. Council to consider approval or other action authorizing the purchase of a
replacement cab and chassis through H-GAC with the re-mount of existing bed -
S. Gillett
D. Council to consider approval or other action authorizing a contract with Jimmy
Crowder Excavation for $121,500 to load and haul approximately 50,000 cubic
yards of ground vegetation - S. Gillett
E. Council to consider approval or other action authorizing the purchase of a Type I
Frazer Ambulance Module through H-GAC's cooperative purchasing program - S.
Gillett
F. Council to consider approval or other action of an ordinance calling the 2009
Regular Annual Election of the City of La Porte, calling a run-off election , if
necessary, and providing for all matters related to preparation for said election -
(Ord. 3125) - M. Gillett
Motion was made bv Councilmember Enqelken to approve the consent aqenda as
presented. Councilmember Mosteit seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone and Engelken
Nays: None
Abstain: None
Absent: Ebow and Porter
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council - (Limited to five minutes)
John Kerbey - 3802 Marlin, La Porte, Texas 77571 - Mr. Kerbey advised Council of
concerns with arson at his home.
7. Public Hearing - Council to consider recommendation of Planning and Zoning Commission
regarding the use of a portion of the Donaldson Ave. Right-of-Way for the City of Morgan's
Point hike/bike trail - T. Tietjens
Open Public Hearing - Mayor Pro Tem Clausen opened the Public Hearing at 6:14 p.m.
Planning Director Tim Tietjens presented summary and overview.
Mr. Tietjens informed Council the request from the City of Morgan's Point was to extend
their hike and bike trail on Donaldson street. Mr. Tietjens advised Council the best solution
would be to move the trail two blocks over next to Tom Brown park. He noted this was a
more feasible option and the most cost effective. He also noted there would be no cost to
the City of La Porte. The trail is being funded by the City of Morgan's Point.
Public Comments:
Minutes of Regular Meeting, Public Hearing and Workshop Meeting held on January 26, 2009
Page 3
Robert Brazil - 1611 East E, informed the Council he was opposed to having the trail near
Blackwell street.
Mike Henley - 201 S. Blackwell, informed council he was opposed to a trail near Blackwell
Street. He further noted if it could be moved he would be willing to pay for culverts. He
also noted concerns with short notice on the notification letters to citizens.
The Public Hearing was closed at 6:33 p.m.
At this point, Mayor Pro Tern Clausen requested Drainage Chairman Mosteit provide
a report from the Drainage Committee prior to moving to the next item.
Chairman Mosteit provided a report on the recent Drainage Committee meeting. The
committee received the final report outlining the recommendations for drainage. The cost
of the projects are estimated at $988,000.00.
Councilperson Engelken noted he supports the final study but would like staff to further
look at the Brookglen area.
8. Council to consider approval or other action authorizing the City Manager to complete
drainage relief swale and/or outfall pipe upgrade projects, and to enter into agreements
with qualifying contractors as necessary for same, relating to the following site: Pinegrove
Valley; Brookglen; Fairmont Park West; Glen Meadow; Meadow Park; Creekmont Sec. 1;
Fairmont Park East; Spencer Hwy.; Villa Del Rancho; Battleground Estates; Original La
Porte; authorizing the expenditure of funds not to exceed $988,000.00 - T. Tietjens
Planning Director Tim Tietjens presented summary and recommendations and answered
questions.
Motion was made by Councilmember Enqelken to approve the recommendations as
presented by Mr. Tietiens for $988,000.00. Councilmember Malone seconded the motion.
Motion carried.
Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone and Engelken.
Nays: None
Abstain: None
Absent: Porter and Ebow
Council directed staff to bring back regular updates on these projects.
9. Mayor Pro-Tem Clausen closed Regular Meeting and opened Workshop Meeting at 6:53
p.m.
A. Police Chief Adcox provided a report in regards to 8-liner machines within the City
of La Porte and asked City Council for direction.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting held on January 26, 2009
Page 4
Council directed Chief Adcox to move forward in the direction of the City of La
Porte not permitting 8 liners.
B. Director of Public Works Steve Gillett provided an updated list of proposed streets
for overlay for the upcoming year.
C. Director of Planning Tim Tietjens provided a report of recently approved and
ongoing projects in La Porte.
D. Chief Building Official Debbie Wilmore provided a list of dangerous buildings
identified by the Building Department, and asked Council for direction.
Council directed staff to move forward with this process. Councilmember Malone
also requested staff look at some homes in the Garfield/Bayshore area.
E. Court Coordinator Linda Kilgore presented an update of the 2009 State-wide
Warrant Roundup to City Council.
Ms. Kilgore requested Council provide her direction on publicizing names in the
paper. Council was opposed to this at that time but had no problem with a
statement on the notice advising that names may be published in the paper for
persons with outstanding warrants.
10. Mayor Pro-Tem Clausen closed Workshop Meeting and reconvened to Regular Meeting at
8:02 p.m.
11. Receive report from Drainage and Flooding Committee.
This item was discussed prior to number 8.
12. City Manager Ron Bottoms provided Administrative Reports for the following
Battleship Texas Foundation Campaign Breakfast - January 30, 2009 - Monument Inn
Restaurant - 7:30 a.m.
Fiscal Affairs Meeting - February 9, 2009 - 5:00 p.m.
City Council Meeting - February 9, 2009
Records Management Day - February 16, 2009
Drainage and Flooding Committee Meeting - February 16, 2009
Commissioner Garcia's "Swing Thing" 2009 - February 23, 2009 - Timber Creek Golf Club
City Council Meeting - February 23, 2009
Minutes of Regular Meeting, Public Hearing and Workshop Meeting held on January 26,2009
Page 5
13. Council Comments: - Malone, Engelken, Mosteit, Rigby and Moser
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff requiring a statement of specific factual information for a recitation
of existing policy
14. Executive Session. pursuant to provision of the open meetings law, chapter 551.071
through 551.076, 551-087, Texas government code (consultation with attorney,
deliberation regarding real property, deliberation regarding prospective gift or donation,
personnel matters, deliberation regarding security devices, or excluding a witness during
examination of another witness in an investigation, deliberation regarding economic
development negotiations)
A. 551.072 (Deliberation regarding purchase,
exchange, lease or value of real property)
Meet with City Manager and City
Attorney to discuss Block 1032
and 1149, Town of La Porte
B. 551.072 (Deliberation regarding Real Property)
Meet with city Manager and
City Attorney to discuss
Happy Harbor site
Council retired to Executive Session at 8:08 p.m.
Council returned to the table at 8:50 p.m. with no action taken in Executive Session.
15. Considerations and possible action on items considered in executive session.
There was no action taken.
16. There being no further business, the meeting was duly adjourned at 8:51 p.m.
Respectfully submitted,
CJYZ !W/JtLl1A$/
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 9th day of February 2009.
~y~
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: N/A
Requested By:
Account Number: N/A
Department: Plannin2
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: L
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Navin Patel to vacate, abandon and close a portion
of the West "F" Street Right-of-Way from the west right-of-way line ofS.H. 146 to 310' west,
containing 24,800 square feet. The applicant desires to close the subject right-of-way to facilitate
the future development of a Super 8 Motel.
City Staff and the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast)
have each reviewed the applicant's request and have expressed no o~jection to the closing as
requested.
In accordance with Section 62.35 of the Code of Ordinances, StatT has ordered an independent
appraisal conducted of the right-of-way for which fair market value has been established at $5.00
per square foot. The City has subsequently received payment from the applicant in the amount of
$93.000 (75% of Fair Market Value per the ordinance).
As pm1 of the negotiation, the developer has agreed to allow the City an ingress/egress easement to
access a trail head location on our adjacent F216 (Little Cedar Bayou) regional detention poncl.
Recommendation:
Staff recommends vacating. abandoning, and closing the West "F" Street Right-of-Way as
requested by the applicant.
Action Required of Council:
)rove an ordinance vacating. abandoning. and closing the West "",:" Street Right-of-Way from
the est right-of-way line ofS.H. ]46 to 3 ]0' west.
Council Agenda
Date
Ron Bottoms, City Manager
ORDINANCE NO. 2009- ~L~~
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
WEST "F" STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of che City of La Porte has been
requested by the record owners of all o~ the property abutting
the hereinafter described portion of the West "P" StreeL Right-
of-Way in Town of La Port.e, Harr'is County, Texas; to vacate,
abandon, and permane~tly close the hereinafter described portion
of the West "E''' 8t. Right-of-Way in Town of La Porte, Han:is
Cou~ty, Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter desc:::-ibed portion of the West "F/1 S-::reet Rigtt-of-
Way in Town of La Porte, Harris County, Texas, is not suitable,
needed, or beneficial La ~he public as a public road, street, or
alley, and the closing of hereinafter described porLion of the
West "F/1 Street Right-of-Way in Town of La ParLe, Harris County,
Texas, is for Lle proLection of t.he public and for the pub1ic
interest and benefit, and that the hereinafter described portion
of the West \\F'1 Street Right-af-Way in Towrl o~ La Porte, Harris
Coun~y, Texas, should be vacated, aba~do~ed, 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
t.he City of __,a Porte under its home rule charte.t: and Chapter'
253,
Section
253.001,
Texa~j
Local
Govern.ment
Code,
the
hereinafter described portion of the West.
"~,,
StreeL Right-of-
2
Way ~n Tow~ of La Porte, Harris County, Texas,
is t,ereby
permanently vacated, abandoned, and closed by the City of I,a
Porte, to wit:
Beginning at a point being the northeast corner of Lot
I, Block 143, Town of La Porte, said point also being
the southeast corner of the intersection of West "F"
Street Right-of-Way and State Highway 146;
Thence in a westerly direction along the south right-
of-way line of West "F" Street to the northwest corner
of Lot 32, Block 144, Town of La porte; a distance of
310.00 feet;
Thence in a northerly direction along a line projected
between the northwest corner of Lot 32, Block 144,
Town of La Porte and the southwest corner of Lot 17,
Block 121, Town of La Porte; a distance of 80.00 feet;
Thence in an easterly direction along the north right-
of-way of West "F" Street to the southeast corner of
Lot 16, Block 122, Town of La Porte; said point being
the northeast corner of the intersection of West "F"
Street Right-of-Way and State Highway 146; a distance
of 310.00 feet;
Thence in a southerly direction along a line projected
between the southeast corner of Lot 16, Block 122,
Town of La Porte and the northeast corner of Lot I,
Block 143, Town of La Porte; a distance of 80.00' to
the point of Beginning; and containing a total of
24,800 square feet as illustrated on the diagram
attached hereto as Exhibit "A" and incorporated by
reference herein.
Section 2.
The City Council officially finds, determines,
reci.tes, and dec~_are:3 that a sufficient wr.it~ten 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: r.he
Ci t V Hall of the Ci ty for the time required by la\" preceding
this meeting, as required by the Ooen Meetings Law, Chapter 551,
Texas Government Code; and that this meetinq has been open t.o
the public as required by law at all t.imes during which this
,.,
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ordinance and the subject matter thereof has been d~scussed,
considered, 2H1d formally acted upon.
'rhe C_~ty Council further
raU_f les, approves, and cont irms such \'-Iri c ten notice dnd 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 26TH DAY OF JANUARY 2009.
CITY OF LA PORTE
By:
Alton Porter, Mayor
ATTEST:
Y71Jdi,dw /tall
Martha Gillett, City Secretary
APPfZOVED:
?t~( //~~'/&/l~
Clark T. Askins, City Attorney
4
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EXHIBIT "A" TO ORD. NO. 2009-
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EXHIBIT 2 - AREA MAP
KO SAILING
PROPOSED CLOSING
OF vv. "F" ST. 80' R-O-W
(24,800 SQ. FT.)
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SAC-2008-10
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested Januaf; 26 2009
Requested By: M. Gillett/Clar Askms
Appropriation
Source of Funds:
Date:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
. . . I
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for the regular Annual election of the City of La Porte to be
held on May 9, 2009, and calling for a Run-Off Election, if necessary.
Council A enda
J~I ~
D te
askins
& askins P.c.
ATTORNEYS and COUNSELORS
Knox w. Askins
Clark T. Askins
November 12, 2008
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for January 26, 2009, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling the regular annual
election of the City of La Porte.
The schedule for the annual election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Early voting begins:
Early voting Saturday:
Early voting
two 12-hour weekdays:
Early voting ends:
Election date:
Canvass election:
Runoff election,
if necessary:
Saturday, February 7, 2009
5:00 p.m., Monday, March 9, 2009
Monday, April 27, 2009
Saturday, May 2, 2009
Wednesday, April 29, 2009
Tuesday, May 5, 2009
Tuesday, May 5, 2009
Saturday, May 9, 2009
Special meeting of City Council on
Monday, May 18, 2009
Saturday, June 13, 2009
Yours very truly,
?We r; ~
Clark T. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Ron Bottoms, City Manager
Knox W. Askins, City Attorney
702 W. Fairmont Parkway, P.O. Box 1218, La Porte,"TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
ORDINANCE NO. 2009 -,J IJ.:J-
AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA
PORTE, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF
VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR
METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING
BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
An election shall be held within the corporate
limits of the City of La Porte, Texas, on the 9th day of May,
2009, such day being the second Saturday in May, 2009, between
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the
purpose of electing the following City officials:
Mayor, for a 3 year term
Councilperson--District 2, for a 3 year term
Councilperson--District 3, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
June 13, 2009, between the same hours.
Sect ion 2.
Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #2
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
2
Election Precinct #3
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont sUbdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont sUbdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #4
Polling Place: La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St.;
THENCE northeasterly along East "GIf st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St.;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St.;
THENCE northeasterly along East "E" st. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "Elf St.;
THENCE west along North "Elf St. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Place: La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte City Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of state Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St. ;
THENCE northeasterly along East "G" St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" st. ;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" st. ;
THENCE northeasterly along East "E" st. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
5
THENCE north along South Broadway to the southern City Limit
Line of City of Shoreacres being the POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Early Voting Place:
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Bilingual Election Clerk:
Barbara Eldridge
Section 3. Voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early Voting Ballot Board.
At least two (2) other
members of the Early Voting Ballot Board shall be appointed by the
Presiding Judge, in the same manner as the precinct election
clerks.
Early Voting by personal appearance shall begin on the 12th
day and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early Voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
7
applications and ballots voted by mail may be mailed. Early
Voting by personal appearance shall begin on the 12th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8:00 a.m. to 5:00 p.m., except
for Wednesday, April 29, 2009, and Tuesday May 5, 2009, from 7:00
a.m. to 7:00 p.m.; and on Saturday, May 2, 2009, from 8:00 a.m. to
5:00 p.m.
Section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
Station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting Station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting Station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The City Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting
Station.
Section 6. That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
8
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election to be published one time
in the weekend edition of the BAYSHORE SUN, which is hereby found
and declared to be a newspaper of general circulation in said
City, not less than ten (10) days nor more than thirty (30) days
prior to the date of the said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such
candidate all information relative to the qualifications for the
office being sought; the method of placing the candidate's name on
the ballot; the amount of the required filing fee; and any other
pertinent information concerning said election;
Section 9. Each candidate for the office of Councilperson-
at-Large must be a resident elector of the City. Each candidate
for the office of District Councilperson must be a resident
elector of the City, and must also be a resident of the district
for which he files.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot ~or such election, is
hereby designated and established as 5: 00 0' clock P. M., Monday,
March 9, 2009. No application shall be accepted for filing prior
to February 7, 2009. The filing fee for each candidate for the
office of Councilperson is hereby established as Fifty Dollars
($50.00) . The filing fee for each candidate for the office of
9
Mayor is hereby established at One Hundred Dollars ($100.00). The
filing fees shall be used to defray the cost of the election, and
said fees shall be prorated and any surplus shall be refunded to
said candidates. As an alternative to paying a filing fee, a
candidate may obtain a place on the ballot by filing a petition as
provided for in City of La Porte Home Rule Charter, Article 2.04
c.3.
Section 11. Said election shall be held in accordance with
the provisions of the City Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the City Council of the City of La Porte, and the City
Council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election. The Mayor shall immediately
thereafter deliver to the candidate for whom the majority of votes
has been polled for each respective office, a certificate of
election. Such elected officials shall assume their duties within
ten (10) days thereafter, Sundays excluded, upon their taking the
oath of office.
Section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
10
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
section 14.
This Ordinance shall be in effect immediately
upon its passage and approval.
Section 15.
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 26th day of January, 2009.
By:
~
Mayor
ATTEST:
'-:t!lr.~ tl. A-PtI
ar ha A. Gillett
City Secretary
APPROVED:
~-r~
C ark T. Askins
Assistant City Attorney
11
7
#'
REQlJEST FOR CITY COlJNCIL AGENDA ITEJ\1
Allllropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:.2L
Amollnt Requested:
Exhibits:
I. A,'en Map
2. Master Parks Phm Overlay Map
Budgeted Item: _YES -X....NO
SlJMMARY & H.ECOMMENDA TION
At its December 8, 2008, meeting, Council conducted a \vorkshop on a request from the City of
Morg<Ul's Point to utilize a portion of the Donaldson Ave. Right-or-Way (SO' wide) as the
westernmost leg of its proposed hike and bike trni!.
As a result of that workshop, Council indicated that public input should be sought on the matter
and directed stair to schedule a public hearing.
Action RC{lukcd of Council:
duct a public hearing 1()r the purpose of receiving input from the public regarding the use of a
port on of the Donaldson Ave. Right-or-Way I\)r the City's oCMorgan's Point's hike/bike trail.
/
.' ty Council Agmda
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested:
Budeet
Source of Funds:
Fund 015
Department: Plannine
Account Number: 015-9892-957-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $1,000,000
Amount Requested: $988,000
Exhibits: Table ES-l
Budgeted Item: YES -X- NO
Exhibits: Phase One Drainaee Implementation Plan
Exhibits
SUMMARY & RECOMMENDATION
On January 19, 2009, the Drainage and Flooding Committee received the final report of the City-wide
Comprehensive Drainage Study. While the report identified long-term and short-term drainage projects, those that
were most capable of being implemented quickly were also cited as having impact on the greatest amount of
property owners, in the most cost-effective manner. Staff is recommending using the first 12 projects on the attached
Table ES-l as the implementation plan for this first phase of improvements.
This action would allow the city to fast-track the design engineering and construction of these 12 drainage relief
swale and/or outfall pipe upgrade projects in the following subdivision areas: Pinegrove Valley; Brookglen;
Fairmont Park West; Glen Meadow; Meadow Park; FairmontPark;Creekmont Sec. 1; Fairmont Park East; Spencer
Hwy.; Villa Del Rancho; Battleground Estates; Original La Porte.
The construction of these improvements is estimated at $744,000. The city anticipates engineering six of the projects
in-house while outsourcing the remaining six projects for an estimated engineering/surveying cost of $106,000. In
certain projects, easements will be necessary for the drainage improvements. It is estimated that $58,000 will be
potentially needed to acquire the appropriate easements. Construction, engineering/survey, and easement
acquisition costs total $908,000, and an additional $80,000 is requested as contingency.
Action Required bv Council:
Consider authorizing the City Manager to complete drainage relief swale and/or outfall pipe upgrade projects, and to
enter . agreements with qualifying contractors as necessary for same, relating to the following sites: Pinegrove
V ey, ookglen; Fairmont Park West; Glen Meadow; Meadow Park; Fairmont Park; Creekmont Sec. 1; Fairmont
k East Spencer Hwy.; Villa Del Rancho; Battleground Estates; Original La Porte; authorizing the expenditure of
ds no xceed $988,000.
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A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Kenith Arlcox
1-26-09
"f.-^- ~
Bud2ct
Agenda Datc Requested:
Source of Funds:
Department:
pglke
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Letters sent to area business in regard
to the operation of 8-liners
Amount Requested:
Exhibits:
Budgetcd Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Report to City Council all actions taken in regard to 8-liner operations within the City of La Porte. Review letter
that was mailed to business owners explaining the law in regard to the operation of the machines. Summarize the
course of action taken by the City in regard to 8-liner operations and review the plan of action to help achieve the
goal of ceasing the operation of the machines within the City.
l;>~ 8. ~. r. ..;
J~ r fn 6';; fi'{l 1 9
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El.l'
La Porte Police Department
30tH NOl'tll 23'11 Street
La Porte, TexlIs 77571
281-471-3810 Fax: 281-470-1590
DATE: September 9,2008
TO: Owners/Operators of Coin Operated Machine Businesses,
In response to opinions issued by the Attorney General of Texas, and clarifications by the
Ranis County District Attorney's Office we are offering this document to address potential
issues that may involve your establishment.
Owners, operators, and patrons of game rooms that have illega18-liner game machines
and similar devices may be subject to prosecution for:
1. Gambling promotion;
2. Keeping a gambling place
3. Possession of gambling device, equipment or paraphernalia
4. Violations of va do us other laws and ordinances.
Such offenses may be punishable by up to a year in the county jail and/or a fine of up to
$4,000. The devices, all associated monies, and financial accounts are subject to seizure and
forfeiture provided the evidence supports the charge.
The enforcement and investigation of these laws falls within the jutlsdiction of the La
Porte Police Department. The Harris County District Attorney's Office will prosecute cases
against those establishments that this depElliment finds sufficient evidence to support a charge.
Certain violations may also be addressed in municipal COUli. We have included copies of certain,
specific laws and ordinances related to this issue. For a detailed listing of offenses you may refer
to the Texas Penal Code, Chapter 47, as well as the City of La Porte Code of Ordinances.
The La Porte Police Department is committed to enforcing gambling laws, as well as
violations of city ordinances, and all violations will be addressed. You may contact Assistant
CmefRon Parker at 281-842-3158 if you have any questions.
Sincerely,
~
Ron Parker
Assistant Chief of Police
ROJ/ 801l0l1ls
Cil)' Manager
Keni/" Adco.T
C"i~r 0/ Pollee
B
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Januarv 26. 2009
sftJdf
Appropriation
Requested By: S. Gillett
Source of Funds:
Department: Public Works
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Updated Street Overlay List
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits
SUMMARY & RECOMMENDATION
The 2008-2009 included a list of proposed streets for overlay for the coming year. The list was
prepared early in 2008 by the former Street Superintendent, who retired in June 2008. Since that
time, the new Street Superintendent has performed a detailed analysis of the list, and has
discovered that five (5) of the thirty five (35) streets listed are not suitable for overlay due to the
extensive repairs 01' reconstruction needed to bring them up to standard. One (1) street is
recommended to be added.
Most of the streets recommended to be removed were in the flooding zone from Hurricane Ike
and were damaged by water and/or large trucks engaged in debris removal. The deleted streets
will be added to this year's reconstruction list and will be considered for overlay in future
programs.
Additionally, two (2) of the proposed streets were overlaid in last year's program. Two (2) new
streets in the immediate area are recommended to be added to the list.
Action Required bv Council:
2006-2009 OVERLAY PROGRAM
STREET NAME LIMITS OF PAVING LINEAR FEET RECOMMENO NOTE
1. S. Idaho E. Main to Park 3,280 YES
2. S. Holmes Main to E. E 2,205 NO 1
3. Andricks Underwood to Carlow 2,570 YES
4. Montgomery Underwood to Ridgefield 2,115 YES
5. Catlett Underwood to Andricks 1,325 YES
6. Belfast Underwood to Clarksville 1,830 YES
7. Crandall Catlett to Carlow 675 YES
8. Bois O'Arc Robinson Rd. to Santa Anna 2,165 YES
9. Houston Robinson Rd. to Highway 225 3,155 YES
10. Santa Anna Houston to Bois 0' Arc 1,170 YES
11. S. 7th W. Main to Fairmont 4,435 YES
12. S. Blackwell Park to Roscoe 780 NO 2
13. Roscoe S. Blackwell to S. Lobit 400 YES
14. S. Lobi! Roscoe to Park 790 YES
15. Roscoe S. Carroll to S. Nugent 800 YES
16. S. Carroll Park to Roscoe 790 YES
17. S. Nugent Park to Roscoe 790 YES
16.N11th W. Main to Barbour's Cut 2,660 YES
19. S 11th We. Main to W. C 1,390 YES
20. S. Virginia E. Main to Park 3,630 YES
21. Oakhurst Broadway to dead end 775 YES
22.S. Y West View to dead end 595 NO 2
23. Bay West View to dead end 435 NO 2
24. West View Oakhurst to dead end 430 NO 2
25. Crescent View Broadway to dead end 845 YES
26.W.1 S. 2nd to S. 6th 1,510 NO 3
27.W.H Broadway to S. 8th 2,405 YES
28. W. Adams Broadway to 146 2,940 YES
29.Flinllock Battle View to west end 485 YES
30. BatUe View N. 0 to dead end 625 YES
31. Buchanan N. H to dead end 528 NO 2
32. Monument Santa Anna to Houston 1,450 YES
33. San Jacinto Robinson to Santa Anna 2,170 YES
34. N 1st Main to Tyler 2,690 YES 4
35. N 2nd W. Polk to W. Madison 1,315 NO 5
36. Daaf Smith Robinson Rd. to Santa Anna 2,165 YES 6
TOTAL LINEAR FEET 58,318
TOTAL SQUARE YARDS 126,540
TOTAL ESTIMATED COST ($7.50/SY) $ 949,050
NOTES
1 Street condition requires major work. Recommend substitution S. Nugent - E. Main to Park
2 Street condition requires major work. No substitution Recommended
3 Street substituted last year for E. G. Recommend E. G from San Jacinto to S. Broadway
4 Tyler to Barbours Cut - Street condition requires major work due to commercial construction
5 Street paved last year. Recommend substitution W. Tyler - N. Broadway to SH 146
6 Street inadvertantly left off list. This will complete overlay of entire neighborhood.
c
REQU EST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: .Januarv 26, 2009/) I
/ I \A'
Requested By: Tim Tietjens (\\ c),j (\)~~~'
Department: Planninl! .
ApllrOpriation
Source of Funds:
N/A
Account Numbe..:
N/A
Report: X Resolution:
Ordinance:
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Development I-lighlights
Development Location Map
Budgeted Item:
YES
NO
See attached development highlights of recently approved and ongoing projects in I,a Porte.
Action RCQuil.cd by Couucil:
c'ceive report from Staff
Ron Bottoms, City Manager
{ 41 ({)~
,
Date
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D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
01/26/09 ~
D. WUrn... G~ _
Planning Department
Budl!et
Agenda Date Requested:
Requested By:
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Dangerous Buildings Memo Update
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In 2008 Inspection Services staff handled the demolition of the final (3) structures from the 2007 group of
condemnations by City Council. In addition, staff arranged for the demolition debris clean~up for the 9kl
Garfield Apartments at 200 Garfield.
Prior to and in response to Hurricane Ike, staff continued efforts to identifY unoccupied, substandard
structures in town. During this recovery period, Ike continues to have a big impact on staff's nonnal
workload; however, some owners we have spoken with have told us they may be interested in signing a
voluntary consent to demolish form.
A memo is attached to identifY the locations being considered by staff.
Staff anticipates coordinating with the Fire Marshal and Fire Chief in February. Once all departments are
in agreement on them, we would then initiate written contact with the property owners. The preliminary
review meeting with Council (to request a public hearing date) could occur in March.
enda
( tt lo~
Dale '
Planning Department
Inspection Services
Memo
To: Mayor and City Council
From: Debbie S. Wilmore, Chief Building Official
CC: Ron Bottoms, City Manager, John Joerns, Assistant City Manager,
Tim Tietjens, Director of Planning, Spring 2008 Dangerous Building
File
Date: January 21,2009
Re: Dangerous Building Update Memo
The following list of substandard buildings were identified by the Inspection Services
Division. You will note that folloWing staff's contact, some of the owners have
already addressed the matter while others are CQtlSidering si!Wing a possible
voluntary consent to demolish and allowing the city to handle the demolition.
Demolition Completed by City
202 So. Blackwell (Jan. 2(08)
210 Pine Bluff (Feb. 20(8)
10215 Hillridge (Jan. 2008)
200 Garfield (Demo debris clean-up Nov. 2008)
Demolition Completed by Owner
701 W. Main (Horace Leopard)
201 Bayshore Dr. (TeodoroHuerta)
(Dec. 2008)
(July 2008)
1
Dangerous Building Upadate Memo
Possible V olWltary Consent to Demolish:
138 Pine Bluff (Dwayne Steele) (Ike Damage)
3811 Sailfish (Dan Havers) (Ike Damage)
626 N. Shady Lane (Christina Williams) (Ike Damage)
406 S. Shady Lane (Ali Cook) (Ike Damage)
523 S. Shady Lane (Lloyd Cyr) (Ike Damage)
603 S. Shady Lane (Cecil Rood) (Ike Damage)
607 So~ Iowa (1. W. Carpenter)
617 So. Iowa (J. W. Carpenter)
Substandard Structures to Consider:
611 So. Shady Lane (Henry Veltkamp)
819 So. Brownell (Annie Rose)
III So. Blackwell (Zepbra Reinitz)
111 So. Carroll St. (Ray Munn)
704 So. Holmes (Tim Gomez - Burn House)
816 Patti Lane (Joe Bill- Burn House)
201 Garfield (Antonio Deleza)
108 W. Polk (S M Apts., LP)
307 N. 4th 81. (Trudie Thomas)
401 N. 6th S1. (George Riley - Burn House)
201 N. 11th S1. (Estate ofJack Cook)
208 So. 11th (Vilma Cruz)
1907 SensRd. (Gordon Westergren)
ePage2
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Januarv 19. 2009
Budl!et
Requested By: T ynclrt Ki]rore
Source of Funds:
Department: MUllkiplll C<~urt
Account Number:
Report: - Resolution: - Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Presentation to council in a work session updating Mayor and
council on the 2009 State-wide Warrant Roundup.
,jJ{ t~
Date L