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HomeMy WebLinkAbout1989-09-11 Public Hearing and Regular Meeting MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING LA PORTE CITY COUNCIL SEPTEMBER 11, 1989 1. 2. 3. 4. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Mike Cooper, Ed Matuszak, Bob McLaughlin, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilperson Betty Waters Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Acting Police Chief Bobby Powell, Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, Director of Community Development Joel Albrecht, Finance Director Jeff Litchfield, Fire Chief Joe Sease, Purchasing Manager Louis Rigby Others Present: Members of LPISD School Board; Robert Williams, Superintendent of Schools; Charles Easterling; Charles Dippel; Mr. Reynaldo, Prime Cable TV; 15 citizens The invocation was given by Councilperson Skelton. Council considered approving the minutes of the regular meeting of Council held August 28, 1989. Motion was made by Councilperson Skelton to approve the minutes of August 28 as presented. Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Gay Council canvassed votes of the Special Election held September 9, 1989 and declared Alton Porter the winner. The City Attorney read: ORDINANCE 1664 - AN ORDINANCE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON SEPTEMBER 9, 1989, FOR THE ELECTION OF COUNCILPERSON AT LARGE, POSITION B; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to adopt Ordinance 1664 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. • Minutes, Public Hearings and Regular Meeting La Porte City Council September 11, 1989, Page 2 Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 5. The Mayor made a special presentation to former Councilperson Mike Shipp. He read a proclamation and presented Mike with a plaque of appreciation. The City Manager presented Mike with a gift from City staff. Mr. Shipp addressed Council and stated that he had enjoyed his time on Council. He feels La Porte is the best city he has seen. He thanked Council and staff for the presentation. Mayor Malone then called Alton Porter forward. The oath of office was given and Councilperson Porter took his place at the Council table. 6. The Mayor proclaimed Constitution Week and D.A.R.E. Day. Ms. Sunshine Wilkerson accepted the Constitution Week proclamation. Mr. Robert Williams, school superintendent and several members of the School Board accepted the D.A.R.E. Day proclamation. 7. Mrs. Barbara Sitzman has requested to address Council, but was unable to attend the meeting. The following persons addressed Council. Mr. Charles Easterling, attorney for Southern Ionics, Inc., addressed Council. He stated that he had hand delivered a letter from Southern Ionics to each of the Council, and urged them to consider the letter very seriously before acting upon the agenda item relating to Southern Ionics. Mr. Don Holloway, ICN, addressed Council regarding the rezoning request from ICN. Mayor Malone asked that he wait until the public hearing to address Council. Mr. Neil Woodard, 925 Myrtle Creek, addressed Council regarding the Myrtle Creek traffic problems. He asked that Council understand their concern for the safety of their families. He stated that they needed stop signs that are legally installed, painted crosswalks for school age children, more "children at play" signs, and enforcement of existing laws, particularly at peak hours. If these things cannot be obtained, he feels the only recourse is to ask that Myrtle Creek be blocked off. He asked that Council formulate a policy for Myrtle Creek and work together to solve the problems. He thanked Councilpersons McLaughlin and Cooper for attending a recent meeting in the neighborhood, and to Bob ~ ~ Minutes, Public Hearings and Regular Meeting La Porte City Council September 11, 1989, Page 3 for meeting with them at an extra meeting. He also expressed thanks for the grass being cut at Myrtle Creek and Underwood. Mr. Larry McCown, 2 Bayshore, addressed Council regarding an area at the end of Bayshore that is a park. It is deteriorating and needs a bulkhead. The condition has caused him to have to replace his bulkhead, as the water washes it away. He asked that the City put a bulkhead at the park property to alleviate this problem. The Mayor asked the City Manager if he wished to bring Council up to date on the Myrtle Creek matter. Mr. Herrera informed Council that the property referred to by Mr. McCown is not City property; it is a private park belonging to the homeowners association. If the homeowners association is not active and are interested in selling the property, the City would most likely be interested in purchasing it. On the Myrtle Creek matter, Mr. Herrera reported that he had visited with Steve Levine, engineer assigned by the State to work on the Myrtle Creek study. Mr. Levine went to Austin last week for appropriation of funds so a traffic study could get started. Mr. Levine had not yet reported to Mr. Herrera because Mr. Levine is still in Austin. It was indicated to Mr. Herrera that once the appropriation of funds was made, the study could be started within a week. At this time, the Mayor announced that Council would go into executive session to meet with attorneys regarding Southern Ionics, Inc. Council adjourned into executive session at 6:31 P.M. and returned to the Council table at 7:10 P.M. Item 16, Consider approval of notice to Southern Ionics, Inc., of termination of Industrial District Agreement, was then addressed. Charles Dippel, special counsel to the City, read a resolution into the record reaffirming the authority of the firm of Sears & Burns to take whatever action is necessary to best represent the City. A copy of the resolution is attached to these minutes as back up. Motion was made by Councilperson Matuszak to adopt the resolution as read by special counsel. Second by Councilperson Cooper. The motion carried, 7 ayes, 0 nays, 1 abstain. • Minutes, Public Hearings and Regular Meeting La Porte City Council September 11, 1989, Page 4 Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Gay 8. The Mayor called Public Hearing A to order. This is a request from International Cargo Network to rezone Blocks 416, 417, 418, and 419, La Porte tract, from General Commercial to Business Industrial. Joel Albrecht, Director of Community Development, reviewed the request. Replies from property owners in the area were all in favor of the rezoning. The Planning and Zoning Commission is recommending that the property be zoned PUD with a commercial/industrial underlying use. Staff concurs with this recommendation. Questions from Council were answered by Mr. Albrecht. Councilperson Skelton addressed six points, which are as follows: (1) Changes in the present zoning and how it will affect the comprehensive plan; (2) Where will the railroad track extension stop; (3) Encroachment on the R-2 residential zone to the west; (4) Stacking of shipping containers; (5) Noise pollution effects on the nearby residential areas; (6) Extra traffic and the cost to upgrade Broadway to take care of the infrastructure and who will pay for it. Mr. Albrecht thanked Councilperson Skelton for his questions and said that they had been addressed by Planning and Zoning Commission. That is why the recommendation from Planning and Zoning had been for a PUD with the commercial/industrial underlying use. He addressed each point mentioned by Councilperson Skelton as follows: (1) Should the zoning change be approved, the Planning and Zoning Commission would, at the time of their review of the Comprehensive Plan, study the plan's intent for the northeastern quadrant of the City; (2) there is a proposed extension for the railroad into the property, just beyond the portion where the second building expansion would be; (3) to the west there is a buffer zone of general commercial between the subject property and the R-2 zone, and there is a need to protect the R-2 residential zone. This will be discussed when the Master Plan review is held. (4) shipping containers will come in through an entrance area and will not be stacked or kept at the site for long periods of time; (5) ICN is talking with the railroad officials to eliminate noise from the neighborhood; (6) Broadway is not on the truck route, and trucks will not be allowed beyond the driveway of ICN. Broadway is on the Harris County road log. Minutes, Public Hearings La Porte City Council September 11, 1989, Page and Regular Meeting 5 Council will have an opportunity to further review these items, as ICN must request a Special Conditional Use permit. The Mayor called for public input. Scott Brinks, representative of ICN, answered questions from Council regarding operations of the company. There was no further public input. The recommendation of the Planning and Zoning Commission was restated, which was to rezone the property as a PUD with an underlying commercial/industrial use. The Mayor declared Public Hearing A closed. The Mayor called Public Hearing B, public hearing regarding City of La Porte FY 1989-90 budget, to order. The City Manager commented on several projects that had been reviewed with Council during budget workshops, namely, the D.A.R.E. program, seal coat program for streets, substandard homes renovation program. The operating accounts for the City in the General Fund will show an approximate 5.4 percent increase. In addition, the utility fund aspects will be increased approximately 16 percent, which amounts to a 4.1 percent increase in property tax and a 7 percent increase in utilities rates. This increase is lower than was anticipated. Finance Director Jeff Litchfield presented the budget summary. The Mayor asked for public input. There was none. The Mayor declared Public Hearing B closed. 9. Council considered an ordinance rezoning Blocks 416, 417, 418 and 419, La Porte tract, from General Commercial to Business Industrial. The City Attorney read: ORDINANCE 1501-K - AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. (The change in classification was to Planned Unit Development with an underlying land use designation of Commercial/ Industrial.) Motion was made by Councilperson Porter to adopt Ordinance 1501-K as read by the City Attorney. Second by Councilperson Minutes, Public Hearings La Porte City Council September 11, 1989, Page and Regular Meeting 6 • Clarke. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Gay (for business reasons) 10. Council considered an ordinance adopting City of La Porte FY 1989-90 Budget and addressed item 18, Consider approving Drug Abuse Resistance Education (D.A.R.E.) project, at the same time. The City Attorney read: ORDINANCE 1665 - AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1990; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was.. made by Councilperson Skelton to adopt Ordinance 1665 as read by the City Attorney and to approve the Druq Abuse Resistance Education (D.A.R.E.) project. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: Councilperson Gay 11. Council considered an ordinance amending Chapter 26, Article II, "Water, Sewers, and Sewage Disposal" of the Code of Ordinances of the City of La Porte. The City Attorney read: ORDINANCE 1666 - AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to adopt Ordinance 1666 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Minutes, Public Hearings La Porte City Council September il, 1989, Page and Regular Meeting 7 • 12. Council considered an ordinance approving an agreement for marketing and advertising services for Sylvan Beach Convention Center. Mr. Terry Miller, President of MH&T, addressed Council regarding this agreement, giving highlights of what his firm could accomplish. The City Attorney read: ORDINANCE 1667 - AN ORDINANCE APPROVING AND AUTHORIZING A PROPOSAL TO THE CITY OF LA PORTE BY MILLER, HERTEL & THARP, OF GALVESTON, TEXAS, FOR MARKETING AND ADVERTISING SERVICES FOR THE SYLVAN BEACH CONVENTION CENTER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to adopt Ordinance 1667 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered an ordinance transferring responsibility for maintenance of traffic signals from the City of La Porte to the State. The City Attorney read: ORDINANCE 1668 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED SEPTEMBER 11, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF LA PORTE, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF LA PORTE, TEXAS; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. Motion was made by Councilperson Clarke to adopt Ordinance 1668 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered a resolution adopting the 1989 appraisal roll. Minutes, Public Hearings La Porte City Council September 11, 1989, Page and Regular Meeting 8 L~ The City Attorney read: RESOLUTION 89-11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA FORTE, TEXAS, ADOPTING THE 1989 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by Councilperson Skelton to adopt Resolution 89-11 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered a resolution authorizing the dissolution of the Emergency Medical Service Fund. The City Attorney read: RESOLUTION 89-12 - A RESOLUTION AUTHORIZING DISSOLUTION OF THE EMERGENCY MEDICAL SERVICES (EMS) ENTERPRISE FUND, AND ESTABLISHING THE EMERGENCY MEDICAL SERVICES (EMS) GENERAL FUND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Resolution 89-12 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Previously addressed following the executive session. 17. Council considered the request of Prime Cable TV for a letter of waiver to allow closing of the La Porte office. Motion was made by Councilperson Clarke to approve Prime Cable TV's letter of waiver to allow closing of the La Porte office. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. Addressed in conjunction with item 10. 19. Council considered declaring an emergency and authorize repairs to garbage truck, in an amount not to exceed $4500.00. a • Minutes, Public Hearings and Regular Meeting La Porte City Council September 11, 1989, Page 9 Motion was made by Councilperson Skelton to declare an emergency and authorize emergency repairs of a garbage truck to Mustang Power Products, in an amount not to exceed $4500.00. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 20. Administrative Reports The City Manager called Council's attention to the schedule for the proposal to increase the tax rate. Council directed the City Manager to proceed with the schedule. 21. Council Action: Councilpersons Cooper, Matuszak, McLaughlin, POrter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 22. Executive session was previously held. 23. There being no further business to come before the Council, the meeting adjourned at 8:57 P.M. Respectfully submitted: ~~~ Cherie Black, City Secretary Passed & Approved this the 25th day of Septem/b~er, 1989 N rman L. Malone, Mayor