HomeMy WebLinkAbout05-21-07 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
STATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
CITY COUNCIL AGENDA
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF LA PORTE
CITY COUNCIL TO BE HELD MAY 21, 2007 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, 2985
Next Res. 2007-10
1. CALL TO ORDER
2. INVOCATION - REV. ALAN NEEL - LIFE COMMUNITY CHURCH
3. PLEDGE OF ALLEGIANCE
4. PRESENT A TIONS/PROCLAMA TIONS
A. PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK- Mayor Porter
B. PRESENTATION - CITY OF LA PORTE RECIPENT OF "PEER REVIEW SAFETY AWARD" - Mayor
Porter
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE DECLARING THE RESULTS OF
THE CITY OF LA PORTE ELECTION HELD ON MAY 12, 2007 (Ord. 2985) - C. Askins
6. ADMINISTER OATHS OF OFFICE AND PRESENTATION OF CERTIFICATE OF ELECTION TO NEWLY
ELECTED COUNCIL MEMBERS - Judge Mitrano
7. CONSENT AGENDA-ANY ITEM MAY BE REMOVED BY A COUNCILMEMBER FOR DISCUSSION
A. CONSIDER APPROVING MINUTES OF THE CITY COUNCIL RETREAT MEETING OF LA PORTE
CITY COUNCIL HELD ON APRIL 14, 2007, MINUTES OF SPECIAL CALLED REGULAR MEETING,
PUBLIC HEARING AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL HELD ON APRIL 16,
2007 AND MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE
CITY COUNCIL HELD ON APRIL 23, 2007 - M. Gillett
B. CONSIDER APPROVAL OR OTHER ACTION AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A CONTRACT WITH COBB FINDLEY AND ASSOCIATES TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR CONCRETE STREET REPLACEMENT AND ASPHALT OVERLAY IN
THE AMOUNT OF $45, 000.00 - S. Gillett
C. CONSIDER APPROVAL OR OTHER ACTION AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A CONTRACT WITH MAR-CON SERVICES LLC. IN THE AMOUNT OF $385,466.00 FOR
CONSTRUCTION OF LIFT STATION #8 AND LIFT STATION # 32 - S. Gillett
D. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING THE
FISCAL YEAR 2006-2007 BUDGET- (Ord. 2918-F) - M. Dolby
E. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 682, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS - (Ord. 2986) - W. Sabo
F. CONSIDER AWARD OF RFP # 07508 FOR AUDIO VISUAL EQUIPMENT - S.Kelley
G. CONSIDER PURCHASE OF EMERGENCY OPERATION CENTER EQUIPMENT THROUGH THE
STATE OF TEXAS DEPARTMENT OF INFORMATION PROGRAM - S. Kelley
H. CONSIDER APPROVAL OR OTHER ACTION OF AN ORDINANCE AUTHORIZING THE EXECUTION
BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT
INDUSTRIAL PARK II, L TO. (RESERVE "B") FOR THE TERM COMMENCING JANUARY 1, 2001, AND
ENDING DECEMBER 31, 2007- (2000-IDA-79) - W. Sabo
I. CONSIDER APPROVAL OR OTHER ACTION OF AN ORDINANCE AUTHORIZING THE EXECUTION
BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT
INDUSTRIAL PARK II, L TO. (RESERVE "F") FOR THE TERM COMMENCING JANUARY 1, 2001, AND
ENDING DECEMBER 31,2007 - (2000-IDA-80)- W. Sabo
J. CONSIDER APPROVAL OR OTHER ACTION OF AN ORDINANCE APPROVING AND AUTHORIZING
A UTILITY EXTENSION SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH
BAYPORT INDUSTRIAL PARK II, L TO., A TEXAS LIMITED PARTNERSHIP - (Ord. 2987) - W. Sabo
K. CONSIDER APPROVAL OR OTHER ACTION RGARDING AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE AND
THE LA PORTE DEVELOPMENT CORPORATION - (Ord. 2988) - G. Black
8. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS
COUNCIL ON ANY ITEM POSTED ON THE AGENDA - (LIMITED TO FIVE MINUTES)
LESLIE GUZMAN - BAYPORT
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE ISSUANCE
OF CITY OF LA PORTE, TEXAS CERTIFICATES OF OBLIGATION SERIES 2007 FOR WASTE WATER
TREATMENT PLANT, SPORTS COMPLEX (AMATEUR BALL FIELDS), AND GOLF COURSE CART PATHS-
(Ord. 2989) - M. Dolby
10. RECONSIDER AND APPROVE THE AWARDING OF RFP# 07501 - STOP LOSS INSURANCE TO AMERICAN
STOP LOSS UTILIZING COMBINED INSURANCE COMPANY - R. Swanagan
11. CONSIDER AWARD OF RFP# 07507 - BASIC LIFE AND AD&D INSURANCE - R. Swanagan
12. PUBLIC HEARING - DISCUSS RECOMMENDATION OF THE LA PORTE PLANNING AND ZONING
COMMISSION TO APPROVE REZONE REQUEST #R07 -003 REZONING 1.3 ACRE TRACT FROM PLANNED
UNIT DEVELOPMENT (PUD) TO NEIGHBORHOOD COMMERCIAL (NC) - (Ord. 1501-S5 #R07-003) - W. Sabo
OPEN PUBLIC HEARING
REVIEW BY STAFF
PUBLIC INPUT
RECOMMENDATION OF PLANNING AND ZONING COMMISSION
CLOSE PUBLIC HEARING
13. 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 CHANGING THE ZONING CLASSIFICATION FROM
PLANNED UNIT DEVELOPMENT TO NEIGHBORHOOD COMMERCIAL, AS REQUESTED FOR 1.3 ACRES OF
LAND OUT OF TR 719 AND E % OF TR 718, LA PORTE OUTLOTS, LOCATED IN THE WILLIAM M. JONES
SURVEY, ABSTRACT 482, LA PORTE HARRIS COUNTY- (Ord. 1501-S5/#R07-003) - W. Saba
14. PUBLIC HEARING - DISCUSS RECOMMENDATION OF THE LA PORTE PLANNING AND ZONING
COMMISSION TO APPROVE REZONE REQUEST #R07-002 REZONING SPENCER HIGHWAY ESTATES, LA
PORTE HARRIS COUNTY FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC)-
(Ord. 1501-T5 #R07-002) - W. Saba
OPEN PUBLIC HEARING
REVIEW BY STAFF
PUBLIC INPUT
RECOMMENDATION OF PLANNING AND ZONING COMMISSION
CLOSE PUBLIC HEARING
15. 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 CHANGING THE ZONING CLASSIFICATION FROM
LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL AS REQUESTED FOR THE PROPERTY
DESCRIBED AS 0.65 ACRE PARCEL OF LAND DESCRIBED AS LOTS 5 AND 6, BLOCK 1, SPENCER
HIGHWAY ESTATES - (Ord. 1501-T5/#R07-002) - W. Saba
16. PUBLIC HEARING - DISCUSS RECOMMENDATION OF THE LA PORTE PLANNING AND ZONING
COMMISSION TO APPROVE REZONE REQUEST #R07-001 REZONING TREATMENT PLANT SITE FROM
MEDIUM DENSITY RESIDENTIAL (R-2) TO NEIGHBORHOOD COMMERCIAL (NC) - (Ord. 1501-U5 #R07-001)
- W. Saba
OPEN PUBLIC HEARING
REVIEW BY STAFF
PUBLIC INPUT
RECOMMENDATION OF PLANNING AND ZONING COMMISSION
CLOSE PUBLIC HEARING
17. 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 CHANGING THE ZONING CLASSIFICATION FROM
MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AS REQUESTED FOR 4.53 ACRES
OF LAND MORE OR LESS, AND 0.39 ACRE TRACT LOCATED IN THE WILLIAM M. JONES SURVEY,
ABSTRACT 482, FURTHER DESCRIBED AS TR 33, TREATMENT PLANT SITE AND LOT 49, BLOCK 39,
FAIRMONT PARK WEST, SECTION FIVE, RESPECTIVELY, LA PORTE, HARRIS COUNTY - (Ord. 1501-
U5/#R07-001) - W. Saba
18. PUBLIC HEARING - DISCUSS RECOMMENDATION OF THE LA PORTE PLANNING AND ZONING
COMMISSION TO APPROVE SPECIAL CONDITIONAL USE PERMIT #SCU07-004 FOR "THE LAKES AT
FAIRMONT GREENS, SECTION 9" TO BE LOCATED AT THE NORTHEAST CORNER OF MCCABE ROAD AND
STATE HIGHWAY 146 - (Ord. 1501-V5 #SCU07-004) - W. Saba
OPEN PUBLIC HEARING
REVIEW BY STAFF
PUBLIC INPUT
RECOMMENDATION OF PLANNING AND ZONING COMMISSION
CLOSE PUBLIC HEARING
19. 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 CONDITONAL USE PERMIT
#SCU-07004 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.119 ACRES OF
LAND, BEING TR 1A-1, IN THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, TEXAS FOR THE
PURPOSE OF DEVELOPING A SINGLE-FAMILY SPECIAL LOT RESIDENTIAL AT THE NORTHEAST OF
MCCABE ROAD AND STATE HIGHWAY 146 - (Ord. 1501-V5/#SCU07-004) - W. Sabo
20. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE REPLACING CHAPTER 10 1/2 OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ENTITLED "FLOOD DAMAGE PREVENTION
ORDINANCE"- (Ord. 1533-B) - R. Slaton
21. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING
A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY
OF LA PORTE, TEXAS AND PORT CROSSING LAND (Ord. 2990) - J. Joerns
22. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING
A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY
OF LA PORTE, TEXAS AND UNDER BEAR, L.L.C. (Ord. 2991) - J. Joerns
23. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING
A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY
OF LA PORTE, TEXAS AND UNDERWOOD DISTRIBUTION CENTER. (Ord. 2992) - J. Joerns
24. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING
A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY
OF LA PORTE, TEXAS AND PORTER ROAD VENTURE, L.P. (Ord. 2993) - J. Joerns
25. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING
A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY
OF LA PORTE, TEXAS AND C-2 REAL ESTATE HOLDINGS, L TO. (Ord. 2994) - J. Joerns
26. CLOSE REGULAR MEETING AND OPEN WORKSHOP MEETING
A. DISCUSS REBUILDING OF THE POLICE DEPARTMENT FIRING RANGE AND PROVIDE STAFF
WITH DIRECTION - R. Reft
B. DISUSS ESTABLISHING A VACATION LEAVE DONATION PROGRAM AND ADOPTING AN
AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING
CHAPTER IV, "LEAVES AND ABSENCES" AND PROVIDE STAFF WITH DIRECTION - R. Swanagan
C. RECEIVE REPORT ON ELECTION POLLING LOCATIONS FOR RUN-OFF JUNE 16, 2007 - M. Gillett
27. CLOSE WORKSHOP MEETING AND CONVENE REGULAR MEETING
28. ADMINISTRATIVE REPORTS - J. Joerns
PLANT MANAGER'S APPRECIATION BREAKFAST - MAY 22,2007 - SYLVAN BEACH PAVILION - 7:15 A.M.
CITY OFFICES CLOSED, MONDAY, MAY 28,2007 FOR OBSERVANCE OF MEMORIAL DAY
5TH ANNUAL HARRIS COUNTY PRECINCT TWO JUNETEENTH PRAYER BREAFAST - JUNE 14, 2007 -
SYLVAN BEACH PAVILION - 8:00 A.M. - 9:30 A.M.
ANNUAL JUNETEENTH PARADE AND CELEBRATION - JUNE 16,2007 -10:00 A.M. - N. 8TH AND MAIN
STREET (COFFEE 8:30 A.M. - 9:30 A.M. - JENNIE RILEY CENTER)
29. COUNCIL COMMENTS -Mosteit, Clausen, Rigby, Moser, Beasley, Ebow, Engelken, and Porter
30. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551,
SECTIONS 551.071 THROUGH 551.076, AND SECTIONS 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. SECTION - 551.071(A) - (PENDING OR CONTEMPLATED
LITIGATION)
MEET WITH INTERIM CITY MANAGER
AND CITY ATTORNEY TO DISCUSS
CASE OF CITY OF LA PORTE VS. 200
GARFIELD, LLC.
EVALUATION OF INTERIM CITY
MANAGER JOHN JOERNS
B. SECTION - 551.074 - (PERSONNEL MATTERS)
31. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION
A. CONSIDER APPROVAL OR ACTION REGARDING AN ORDINANCE APPROVING A SETTLEMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND 200 GARFIELD, L.L.C. - (Ord. 2995) - C.
Askins
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
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 551.087 - 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 DISABILITY ACCOMMODA TlONS A VAILABLE. REQUESTS FOR ACCOMMODA TlONS OR
INTERPRETIVE SERVICES A T MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE
CONTACT CITY SECRETARY'S OFFICE A T 281-471-5020 OR TOD LINE 281471-5030 FOR FURTHER INFORMA TlON.
~PJ'J,ved: ~ T!Lv..t.C
~~~~MC, CMC I
City Secretary