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Home My WebLink About08-23-2004 Regular Meeting and Public Hearing . . STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( I CITY COUNCIL AGENDA NOTICE IS HEREBY GIVEN OF A REGULAR MEETING AND PUBLIC HEARINGS TO BE HELD AUGUST 23, 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. 1. CALL TO ORDER Next. Ord. 2004-2761 Next Res. 2004-13 2. INVOCATION - REVEREND MICHAEL BINGHAM - ABUNDANT LIFE CHURCH .- 3. PLEDGE OF ALLEGIANCE 4. PRESENT A TIONS/PROCLAMA TlONS CERTIFICATE OF APPRECIATION TO CLARK ASKINS FOR FIVE (5) YEARS OF SERVICE- Mayor A. Porter 5. CONSENT AGENDA -ITEMS ARE CONSIDERED TO BE ROUTINE, HOWEVER, ANY ITEM MAY BE REMOVED FOR DISCUSSION BY A COUNCILMEMBER, AFTER DISCUSSION ANY ITEM MAY BE PULLED FOR SEPARATE VOTE A. CONSIDER APPROVAL OF SPECIAL CALLED MEETING MINUTES HELD ON AUGUST 2, 2004, AND SPECIAL CALLED REGULAR MEETING AND BUDGET WORKSHOP MEETINGS HELD ON AUGUST 9 THROUGH AUGUST 18, 2004 - M. Gillett / C 6. /7, )/ B. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DR. OSCAR BOULTINGHOUSE, MD., MEDICAL DIRECTOR FOR THE CITY OF LA PORTE EMS DIVISION - R. Nolen CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING' THE CITY MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $33,053.00 FOR THE LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT - (Ord. 2004-2761) - S. Gillett / D. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING CURRENT YEAR REVISED 2003-2004 BUDGET - (2003-2653-A) - C. Alexander E. CONSIDER APPROVAL OR OTHER ACTION APPROVING AN ORDINANCE AMENDING THE CURRENT CITY OF LA PORTE EMPLOYEE MEDICAL FUND PLAN DOCUMENT EFFECTIVE SEPTEMBER 1, 2004 (Ord. 2002-2594-A) - S. Sampson PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA - (LIMITED TO FIVE MINUTES) CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND FOR DRAINAGE AND FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE (Res. 2004-13) - J. Joerns PUBLIC HEARING - DISCUSSION ON PROPOSED BUDGET FOR THE 2004-2005 FISCAL YEAR (Orc!. 2004-2762- C. Alexander OPEN PUBLIC HEARING . . REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF STAFF CLOSE PUBLIC HEARING 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING FISCAL YEAR 2004-2005 BUDGET (Ord. 2004-2762) - C. Alexander ~ CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION ADOPTING THE 2004 APPRAISAL ROLL OF HARRIS COUNTY APPRAISAL DISTRICT (Res. 2004-14) - C. Alexander CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, / TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF CITY GOVERNMENT - (2004-2763) - C. Alexander 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING "APPENDIX A FEES,. (EMERGENCY MEDICAL SERVICES FEES AND PARKS AND RECREATION POOL FEES) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 98-2273-A and 95-1644-F) - C. Alexander 13. PUBLIC HEARING - DISCUSS JUVENILE CURFEW ORDINANCE - R. Reft OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF STAFF CLOSE PUBLIC HEARING 14. CONSIDER APPROVAL OR OTHER ACTION TO CONTINUE, ABOLISH OR MODIFY THE JUVENILE CURFEW ORDINANCE - R. Reft 15. PUBLIC HEARING - DISCUSS REZONE OF PROPERTY FROM R-1 & R-2 TO R-3 FOR PROPOSED SENIOR APARTMENT COMPLEX OF THE HAPPY HARBOR METHODIST HOME, INC. (Ord. 1501 - VW) - W. Saba OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING 16. CONSIDER APPROVAL OR OTHER ACTION AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY AS REQUESTED BY THE METHODIST RETIREMENT COMMUNITIES, INC., ON BEHALF OF THE HAPPY HARBOR METHODIST HOME LOCATED AT 1106 BAYSHORE DRIVE - (Ord. 1501- VW) - W. Saba . . 17. PUBLIC HEARING - DISCUSS A SCUP FOR DEVELOPING A MINI-STORAGElWAREHOUSING IN A GENERAL COMMERCIAL (GC) ZONE - (Ord. 1501 - WWW) W. Saba OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMEDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING 18. CONSIDER APPROVAL 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 THE PURPOSE OF DEVELOPING A MINI-STORAGE AND WAREHOUSING IN A GENERAL COMMERCIAL (GC) ZONE - (Ord. 1501- WWW)-W. Saba 19. PUBLIC HEARING - DISCUSS RECOMMENDATION FOR DENIAL BY PLANNING AND ZONING COMMISSION FOR "THE BAYFOREST RANCH" TO BE LOCATED AT THE NORTHWEST CORNER OF MCCABE ROAD AND SH 146. THE APPLICANT SEEKS SCUP# 04-007 (AMENDING SCUP# 03-002) FOR MULTI-FAMILY DEVELOPMENT IN PUD ZONE (Ord. 1501 - XXX) - W. Saba OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING 20. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT SCUP # 04-007 (AMENDING SCUP # 03-002) FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: :t.. 150 ACRES (ALONG SH 146 FROM NORTHEAST CORNER OF MCCABE ROAD TO THE SOUTH OF BAYPOINT TOWNHOMES, AND WEST OF BAY FOREST GOLF. COURSE) IN THE W.P. HARRIS SURVEY, ABSTRACT -30, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING MULTI-FAMILY RESIDENTIAL DEVELOPMENT (100 FREE STANDING INDIVIDUAL UNITS) AT THE NORTHEAST CORNER OF MCCABE ROAD IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE - (Ord. 1501 - XXX) - W. Saba 21. PUBLIC HEARING - DISCUSS PROPOSED LAKES AT FAIRMONT GREENS TO BE LOCATED SOUTH OF THE BAYPOINT TOWNHOMES BETWEEN STATE HIGHWAY 146 AND THE BAY FOREST GOLF COURSE. THE APPLICANT SEEKS SCUP #04-012 FOR SINGLE - FAMILY DEVELOPMENT IN PUD ZONE (Ord. 1501-YYY) - W. Saba OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING / /4 / / . . 22. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY APPROVING A GENERAL PLAN AND GRANTING A SPECIAL CONDITIONAL USE PERMIT (SCUP # 04-012) FOR THE PURPOSE OF DEVELOPING SINGLE FAMILY UNITS IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE - (Ord. 1501-YVY) - W. Saba PUBLIC HEARING - DISCUSS CONDEMNING TEN (10) SUBSTANDARD STRUCTURES - (Ord. 2004- 2764,2004-2765,2004-2766,2004-2767, 2004-2768, 2004-2769, 2004-2770, 2004-2771, 2004- 2772 and 2004-2773) - D. Wilmore OPEN PUBLIC HEARING REVIEW BY STAFF PUBLIC INPUT RECOMMENDATION OF STAFF CLOSE PUBLIC HEARING CONSIDER APPROVAL OR OTHER ACTION REGARDING TEN (10) ORDINANCES DECLARING BUILDINGS IN THE CITY OF LA PORTE, TO BE IN FACT A NUISANCE, ORDERING SUCH BUILDINGS(S) CONDEMNED, ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDINGS(S); ORDERING THE SAID OWNERS(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE - (Ord. 2004-2764,2004-2765,2004-2766,2004-2767,2004-2768,2004-2769,2004-2770,2004-2771,2004-2772 and 2004-2773) - D. Wilmore CONSIDER APPROVAL OR OTHER ACTION APPROVING AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF LOTS 21-24, BLOCK 89, TOWN OF LA PORTE TO COMPLETE THE ACQUISITION OF LAND FOR THE NORTHSIDE PARK ANNEX - (Ord. 2004-2774) - S. Barr CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF THE WEST .C. STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY - (Ord. 2004-2775) - W. Saba 27. RECEIVE 90 DAY PROGRESS REPORT FROM EMERGENCY SERVICES COORDINATOR - J. Suggs ADMINISTRATIVE REPORTS - D. Feazelle 28. CITY HALL CLOSED ON SEPTEMBER 6, 2004 IN OBSERVANCE OF LABOR DAY CITY HEALTH FAIR FRIDAY, SEPTEMBER 17, 2004 BAY DAY - SEPTEMBER 18, 2004 ALLIANCE BANQUET - SEPTEMBER 28, 2004 29. COUNCIL COMMENTS - Clausen, Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit, and Porter 30. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.087, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071 - (PENDING AND POTENTIAL LITIGATION) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS PENDING AND POTENTIAL LITIGATION . e 31. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION 32. 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 be held 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 551.087 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 by law. 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 551.087 - To discuss or deliberate regarding commercial or financial information that the governmental 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 governmental 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 FACILITY HAS DISABIUTY ACCOMMODAnONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFRCE A T 281..471- 5020 OR TOO LINE 281471-5030 FOR FURTHER INFORM A TION. .Approved~ !:iw11 ';1!1 Gillett, TRMC City Secretary Posted: