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Home My WebLink About01-12-2004 Regular Meeting and Public Hearing~ r 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 TO BE HELD JANUARY 12, 2004 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW Next. Ord. 2004-2690 Next Res. 2004-01 CALL TO ORDER 2. INVOCATION -MICHAEL GINGHAM -ABUNDANT LIFE 3. PLEDGE OF ALLEGIANCE 4. PROCLAMATION/PRESENTATIONS CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING - GFOAT Representative 5. CONSENT AGENDA -ITEMS ARE CONSIDERED TO BE ROUTINE, HOWEVER, ANY ITEM MAYBE REMOVED FOR DISCUSSION BY A COUNCILMEMBER. AFTER DISCUSSION ANY ITEM MAY BE PULLED FOR SEPARATE VOTE. A.. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND LUBRIZOL CORPORATION., FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND EXPIRING ON DECEMBER 31, 2007 - (Ord. 2004-2690) - N. Finan B. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L.P. FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND EXPIRING ON DECEMBER 31, 2007 - (Ord. 2004-2691) - N. Finan C. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND EXPIRING ON DECEMBER 31, 2007 - (Ord. 2004-2692) - N. Finan D. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GOODYEAR TIRE & RUBBER COMPANY FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND EXPIRING ON DECEMBER 31, 2007 - (Ord. 2004-2693) - N. Finan E. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND ~~ ~~~ AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR FIRE SUPPRESSION SERVICES - (Ord. 2004-2694) - D. Feazelle F. CONSIDER APPROVAL OF REGULAR MEETING AND WORKSHOP MEETING MINUTES HELD ON DECEMBER 8, 2003 - M. Gillett 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA - (LIMITED TO FIVE MINUTES) BILL SCOTT- BOARD OF ADJUSTMENT FINDING OF FACT AND CONCLUSION OF LAW BILL FENNELL - GLEN MEADOWS FENCE ISSUE SIB CARPENTER -GLEN MEADOWS FENCE ISSUE DALE GOLTER - GLEN MEADOWS FENCE ISSUE JENNY HALL - GLEN MEADOWS FENCE ISSUE -. PUBLIC HEARING -DISCUSSION ON THE APPROVAL OF REZONE REQUEST LOCATED IN THE 10000 BLOCK OF SPENCER HIGHWAY (Ord. 1501-GGG and R-03-007) - N. Finan OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF STAFF CLOSE PUBLIC HEARING 8. CONSIDER APPROVAL OR OTHER REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL (Ord. 1501-GGG and R-03-007) - N. Finan 9. PUBLIC HEARING -DISCUSSION ON THE APPROVAL OF REZONE REQUEST LOCATED AT 310 N.1ST STREET (Ord. 1501-HHH and R-03-009) - N. Finan OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF STAFF CLOSE PUBLIC HEARING 10. CONSIDER APPROVAL OR OTHER REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL (Ord. 1501-HHH and R-03-009) - N. Finan 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION ADOPTING A PORTION OF THE "PUBLIC IMPROVEMENT CRITERIA MANUAL" (PICM") CALLED FOR IN ORDINANCE 1444 RELATING TO PAVING DESIGN CRITERIA AND IMPROVEMENTS- (Res. 2003-27) - N. Finan Previously tabled at the November 10, 2003 Meeting 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING RESTRICTION CONTAINED IN DEED FROM THE CITY OF LA PORTE TO ROBINSON CAPEN AND WIFE, MARIAN V. CAPEN, DATED SEPTEMBER 11,1995, ON A PORTION OF LOT 5, BLOCK 3, SHADY RIVER, SECTION 2, TO PROVIDE THAT THE RESTRICTED PROPERTY MAY BE USED AS A DRIVEWAY EASEMENT, AND AS AN EASEMENT FOR PUBLIC UTILITY SERVICE, FROM OAK LEAF AVENUE TO THE • • ADJOINING PROPERTY ON THE SOUTH - (Ord. 2003-2679) -Young, Griffiths, and Meismer Previously tabled at the November 10, 2003 Meeting 13. CONSIDER APPROVAL OR OTHER ACTION IN CONNECTION WITH ORDINANCE 1168-B, AN ORDINANCE PROVIDING ALTERNATIVE PROVISIONS OF WATER TO PROPERTY LOCATED MORE THAN 300 FEET FROM THE EXISTING CITY WATER SYSTEM (Ord. 1168-B) - N. Finan 14. CONSIDER PAYMENT OF $172,000.00 TO THE HARRIS COUNTY TREASURER IN EXECUTION OF THE INTERLOCAL AGREEMENT SIGNED BY THE CITY OF LA PORTE ON OCTOBER 20, 2002 TO FACILITATE CONSTRUCTION OF THE FAIRMONT PARKWAY LEFT TURN AND DECELERATION LANES - N. Finan 15. ADJOURNMENT 16. ADMINISTRATIVE REPORTS - D. Feazelle CHAMBER ANNUAL MEMBERSHIP AND INSTALLATION BANQUET -JANUARY 22, 2004 -SYLVAN BEACH PAVILION BAY AREA HOUSTON ECONOMIC PARTNERSHIP 2004 ANNUAL BANQUET -JANUARY 23, 2004 - SOUTH SHORE HARBOUR RESORT 17. COUNCIL COMMENTS-Meismer, Young, Warren, Beasley, Griffiths, Ebow, Engelken, Mosteit, and Mayor Malone 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071- (LEGAL MATTER) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS POTENTIAL CLAIM 551.071- (PENDING LITIGATION) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS PENDING LITIGATIONS 19. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION 20. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will beheld by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning 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 attorney on any subject or matter authorized bylaw. Section 551.072 -For the purpose of deliberating the purchase, exchange, lease or value of real property. Section 551.073 -For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. ~ ~ Section 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 employee 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, however, 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 personnel 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 governmental body seeks to have locate, stay, or expand in or near the territory of the govemmental body and with which the governmental 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 FACILITYHAS DISABIUTYACCOMMODAflONS AVAILABU?. REQUESTS FOR ACCOMMODATIONS OR INTERPRETNE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471- 5020 OR TDD UNE 281471.5080 FOR FURTHER INFORMATION. ~A~pp~groved: . fi'r' l f'ik~~l~~~~.C,a(~ ~ G~ Martha A. Gilley TRMC / City Secretary Posted: