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HomeMy WebLinkAbout07-14-2003 Regular Meeting and Public Hearing and Addendum to meeting . .' STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( CITY COUNCIL AGENDA NOTICE IS HEREBY GIVEN OF A REGULAR MEETING AND PUBLIC HEARING MEETING OF LA PORTE CITY COUNCIL TO BE HELD JULY 14, 2003, AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 604WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACGORDING TO THE AGENDA LISTED BELOW , 1. CALL TO ORDER Next. Ord. 2003.2641 Next Res. 2003-20 , 9. ~- \ 2. INVOCATION - REVEREND WAYNE SPEARS - FAIRMONT PARK BAPTIST CHURCH 3. PLEDGE OF ALLEGIANCE 4. ' CONSIDER APPROVAL OF MINUTES OF REGULAR MEETING HELD ON JUNE 23, 2003 5. PETITION~, REMONSTRANCES, COMMUNICATIONS., AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL 6. PROCLAMA TIONSJPRESENTA TIONS , A. PROCLAMATION - GROVER SALSBURY - DONATION OF MONUMENT MODEL B. PROCLAMATION - RICHARD BRICKER - DONATION OF ARTWORK FOR CITY HALL C. PROCLAMATION -"BETTY STOMBAUGH .;:-DONATION OF ARTWORK FOR CITY HAU D. LETTER OF RECOGNITION FROM THE GATORADE COMPANY FOR KERRON CLEMENT E. DISTINGUISHED BUDGET PRESENTATION AWARD CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION OF THE CITY OF LA PORTE, AUTHORIZING THE TEMPORARY TRA!'JSFER OF CANDADA ROAD TO THE HARRIS COUNTY ROAD LOG (Res. 2Q03-20) - S. Gillett ' 7. 8. , PUBLIC HEARING':' DISCUSS REZONE REQUEST OF 13.7 ACRES FROM R-1 TO PUD LOCATED SOUTH OF MC CABE ROAD AND THE EAST~RL Y RIGHT-OF-WAY LINE C?F STATE ,HIGHWAY 146 - G. Good~n OPEN PUBLIC HEARING REVIEW BY STAFF , PUBLIC INPUT RECOMMENDATION OF PLANNING AND ZONING/STAFF CLOSE PUBLIC H,EARING ,CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAPORTE; CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED - (Ord. 1501-AAA - # R-03-OO5) G. Goodwin - e 10. CONSIDER APP~OVAL OR OTHER-ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.769 ACRES ALONG EAST BARBOUR'S CUT BOULEVARD, BEING LOTS 17-32 BLOCK 438, LOTS 1-32 BLOCK 439 AND ADJOINING ALLEY, LOTS 1-16 BLOCK ' 974, LOTS 1-32 OF BLOCKS 975 THRU 979, AND ADJOINING AUEYS WITHIN THESE BLOCKS AND PORTIONS OF 10TH, 11TH, 12TH A VI:NUES, BROWNELL, NUGENT, HOLMES AND CARROLL STREETS, OUT OF JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPiUF DEVELOPING A ' TRUCK PRE-CHECK FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE - (15~\~ SCUP #03-001) - ' G. Goodwin -This Item was previously tabled at the June 9, 2003 Regular Meeting and'Pubic Hearing and,June 23, 2003 Regular Meeting , / _ . ,11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN ,BLOCK 439; TOWN OF 'LA PORTE AND PORTION OF THE NORTH IDAHO STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS . (Ord. 2003-2635) - G. Goodwin. This item was previously tabled at the June 9, 2003 Regular Meeting and Pubic Hearing and June 23, 2003 Regular Meeting 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE ADOPTING NEW PERMIT AND/OR INSPECTION FEES BY AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; AMENDING APPENDIX A 'FEES,' BY ADDING CHAPTER 82 'BUILDING AND BUILDING REGULATION,' ARTICLE II , !3UILDING CODES PERMIT FEE SCHEDULE'; AMENDING ,APPENDIX A 'FEES,' BY ADDING CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE III 'PLUMBING CODE PERMIT FEE SCHEDULE'; AMENDING APPENDIX A 'FEES,' BY AMENDING CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE IV, DIVISION 5 'INSPECTION FEES'; AMENDING APPENDIX A 'FEES,' BY ADDING CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE V 'FUEL GAS CODE PERMIT FEE SCHEDULE'; AMENDING APPENDIX A 'FEES,' BY ADDING CHAPTER 82 'BUILDINGS AND BUILDINGS REGULATIONS,' ARTICLE VII 'MECHANICAL CODE PERMIT FEE SCHEDULE'; AMENDING APPENDIX A 'FEES,' BY AMENDING CHAPTER 82 'BUILDING REGULATIONS', ARTICLE XI 'SWIMMING POOLS', PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHAU BE FINED IN A SUM NOT TO , EXCEE'D FIVE HUNDRED DOLLARS; AND PROVIDING AN E~FECTIVE DATE HEREOF. (200~2641) -: D. Wilmore 13. ' CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORD,INANCE ADOPTING NEW BUILDING CODES BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE'CITY OF LA PORTE; BY AMENDING CHAPTER' 82, 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE II 'BUILDING CODES,' SECTION 82-31 'ADOPTION'; , SECTIONS 82-32 AND 82-33 'AMENDMENTS'; CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' SECTION 82-34 'USE OF TERM BUILDING OFFICIAL'; CHAPTER 82 'BUILDINGS AND BUILDING REGULA liONS,' SECTIONS ~2-35 AND 82:.36 'INSURANCE REQUIREMENTS' CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE III'PLUMBING,CODE~ SECTION 82-66 'ADOPTION' AND SECTION 82-67 'AMENDMENTS'; CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' SECTION 82-68 'USE OF TERM PLUMBING OFFICIAL', CHAPTER 82 ,'BUILDINGS AND, BUILDINGS REGULATIONS'; ARTICLE IV 'ELECTRICAL , CODE' DIVISION 1 'GENERALLY,' DIVISION 2 'LICENSES' AND CERTIFICATIONS,' DIVISIONS 3 'PERMITS,' DIVISION 4 'INSPECTIONS,', DIVISION 5 'STANDARDS,' SECTION . 82-336 'ADOPTION' AND SECTIONS 82-337 - 82-350 'AMENDME;NT.S'; CHAPTER 82 'BUILDINGS AND BUILDING REGULATIONS,' ARTICLE V.'FUEL GAS CODE' SECTION 82-381 'ADOPTION' AND SECTION 82-382 'AMENDMENTS'; CHAPTER 82 'BUILDINGSAND,BUILDING REGULATIONS,' ARTICLE VI'~NERGY CONSERVATION CODE' ADDING SECTION 82-411 'PURPOSE,' SECTION 82-412 'ADOPTION,' AND SECTION 82-462 'AMENDMENTS'; CHAPTER '82 'BUILDINGS AND BUILDINGS CODE REGULATIONS,' ARTICLE VII 'MECHANICAL CODE' SECTION 82-441 'ADOPTION,' AND SECTION 82-442 'AMENDMENTS'; ,PROVIDING A.REPEALlNG CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT A~ PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE,QEEMED GUILTY OF A MISDEMEANOR AND ,UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE, , HUNDRED DOLLARS; AND PROVIDING. AN EFFECTIV,E DATE HEREOF.- (Ord. 96-2079B-),... D. Wilmore , , , , 14. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE APPROVAL OF TWO ORDINANCES CONDEMNING TWO (2) SUBSTANDARD StRUCTURES- (Ord. 2003-261O-C - & Ord. 2003- 2610-F) - D. Wilmore - These items were tabled at the February 10, 2003 City Council Meet!ng. 15. CONSIDER APPROVAL OR OTHERACTION REGARDING A PROPOSED RATE INCREASE OF 2.61 % FOR COLLECTION OF CONTAINERIZED COMMERCIAL SOLID WASTE BY BFI WASTE'SYSTEMS, INC. - S. Gillett e 'e 16. RECEIVE REPORT FROM BAYPORT EXPANSION REVIEW COMMITTEE AND APPROVE A POSSIBLE RECOMMENDATION IN RESPONSE TO THE FINAL ENVIRONMENTAL IMPACT STUDY -Engelken, Mosteit, and Griffiths 17. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY CITY COUNCIL FOR DISCUSSION A. CONSIDER AWARDING BIDS FOR PURCHASE OF CHEMICAL AND FERTILIZERS- D., Hlavaty B. CONSIDER AWARDING BID FOR PURCHASE OF PLASTIC GARBAGE BAGS - S. Gillett 18. ADMINiSTRATIVE REPORTS - D. Feazelle SAY AREA TRANSPORTATION PARTNERSHIP MEETING PROGRAM FEATURING SYLVIA GARCIA - JULY 17, 5:00-7:00 P.M. - LAKEWOOD YACHT CLUB AMCC CONFEREN~E - JULY 25-26 ~ AUSTIN, TX. TML REGION 14 - AUGUST 8-9 - GALVESTON, TX. '. , 19. COUNCIL COMMENTS 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551;076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERAtiON REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING , EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.072 (LAND ACQUISITION) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS LAND ACQUISITION FOR PUBLIC PARK PURPOSES 21. CONSIDERATIONS AND POSSIBLE ACTION 'ON ITEMS CONSIDERED IN EXECUTIVE SESSION 22. ADJOURNMENT, If during ,the course of the'meeting cOvered by this agenda the Council should determine thai a dosed or executive meeting or session of the Council should be held or is required in relation tQ an item noticed in ttiis agenda, then such closed or executive ' meeting or sessions authorized by the Open Meetings Law, Chapter 551, !exas Government Code; will be held by the Council at that date, hour al)d place given in the meeting notice or as soon after the commencemen,t of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session conceming any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076; and 551.086 of said Open,Meetings Law, including, but not limited to: ' Section 551.071 - For the purpose of a private consultation with the Council's attomey on any subject or matter authorized by law. , . Section 551.072 - For the purpose of deliberating the purchase, exchang~, lease or value of real property. , Section 551.073'7" For the purpose of deliberating a negotiated contraCt for a pros~ve gift or donation to the City. , ' ~on 551.074 - For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. unless the officer or employee requests a public hearing. ' Section 551.075 - for the purpose of conferring with an emplQyee or employees of the City, only for the purpose of receiving , information from the employee or employees or to ask questions of the employee or employees; provided, hQwever, that no discussion of public business or City policy that affects public business shall take place between the members ,of the City Council during the conference. Section 551.076 - To consider deployment, or specific occasions for implementation, of security persoonel or"devices.' , ' Section 551.086 - To discuss or deliberate regarding commercial or financial information that the govemmental body has received from a business prospect'that the govemmental body seeks to have locate, stay, or expand in or near the territory of the I e e governmental body, and with which the govemmental body is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). THIS FACIUTY HAS DISABILITY ACCOMMODATIONS AVAILABLE: REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 4B HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICEAT281-471.S020 OR TOO UNE 281471.5030 FOR FURTHER INFORMATION. ' Approved: LfY/atffidJ. &ffi:tI Martha A. Gillett, TRMC City Secretary Posted: , e ,e, ADDENDUM TO MEETING NOTICE The following item will be added to the Regular Meeting and Public Hearing Meeting to be held July 14,2003, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The Regular Meeting and Public Hearing is scheduled to begin at 6:00 P.M. Receive Report from Fill Dirt Review Committee - Mosteit, Beasley, and E~gelken I hereby certify that I posted this Notice on the bulletin board located at a place convenient to the public in the City Hall of the City' of La Porte; 5:00 P.M. on the 12th day of July, 2003, and that (1) said Notice was posted for ,at least 72 hours preceding the scheduled time of the meeting; or (2) ifthis Notice was posed less than 72 hours but more than 2 hours before the meetine: convened. I hereby certify that said meetine: was called because of an emergency or urgent public necessity limited to imminent threats to public health and safety or reasonable unforeseeable , situations reauirine: immediate action bv the City Council. Witness my hand and the Seal of the City of La Porte, Texas, this the 12th day of July 2003. CITY OF LA PORTE Martha Gillett, TRMC City Secretary