HomeMy WebLinkAbout2003-07-14 Regular Meeting and Public HearingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING MEETING
OF THE LA PORTE CITY COUNCIL
JULY 14, 2003
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Peter Griffiths, Barry Beasley, Howard
Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and
Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Debra
Feazelle, City Attorney Knox Askins, Assistant City Attorney Clarke Askins, Assistant City
Manager John Joerns, City Secretary Martha Gillett, Director of Finance Cynthia Alexander,
Assistant Director of Finance Mike Dolby, City Planner Gwen Goodwin, Purchasing
Manager Susan Kelley, Building Official Debbie Wilmore, Parks and Recreation Director
Stephen Ban:, Director of Public Works Steve Gillett, Inspection Services Coordinator
Sheny Jennings, Secretary Gay Collins, Golf Pro Alex Osmond, Greens Superintendent
Dennis Hlavaty, Budget Officer Shelley Wolny and Lt. Carl Crisp
Others Present: Charles Underwood, L. Cyr, Noreen Cyr, Betty Stoumbaugh, Mona
Vanderbles, Kim Guarino, Myra Guarino, Cynthia Thornton, Eleanor Curtis, Mary Ann
Allen, Peggy Antone, Kenneth Schlather, Beverly Steele, Delia Claus, Fred Muston, Pat
Muston, Allen Ellis, Brandon Davis, Charles Gilliam, Michelle Deckard, Durward Deckard,
Dwight Hollister, Carol Hollister, Fran Strong, Bill Strong, Spero Pomonis, Reverend
Wayne Spears, Carol Christian of "Houston Chronicle This Week", Tom Garrett, Ginny
Garrett, Sue Gail Kooken, Barbara Suber, James Suber, John Gardenas, Barry Eiland, Bryan
Allen, Steve Gallington, Rick Thornton, John A. Matz, Deborah Willits, Mike Manering,
Steve Wilson, , Jonathan Goddard, Herbert Mauck, Jackie Mauck, Michael Jones, Richard
T. Carpenter, Mark Trusty, Catherine K. Focke, Wendy Minor, Grover Salsbury, Ada Faye
Salsbury, Edward Duzko, Herb Weisend, Richard Lord, LaDon White, Ed Fangman,
Natasha Fangman, Bill Scott, , Beth Rickert, Linden Raimen, Stanley Briers, Joe Edwards,
Port Commissioner Jimmy Burke, Nick Barrera, Betty Waters, Richard Bricker, Leonard
Zlomke, Michael Sims, Eddie Hollua, Robert Burchfield, Bernard Legrand, Sally Legrand,
Arthur Kelley, Dusty Cook, Beverly VanZandt, Carroll Pruitt, Ann Hayes, and a number of
other citizens
2. Reverend Wayne Spears from Fairmont Park Baptist Church delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. Council to consider approval or other action of the Minutes of the Regular Meeting of La
Porte City Council held on June 23, 2003.
Motion was made by Councilmember Griffiths to approve the Minutes of the Regular
Meeting of La Porte City Council held on June 23, 2003. Second by Councilmember
Warren. The motion carried unanimously.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Beasley, Ebow, Griffiths and Malone
Nays: None
Abstain: None
City Council Meeting - ty 14, 2003 - Page 2 •
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS CITY COUNCIL
Linden Raimen — 21316 Pat O'Brien Rd., Covington, Louisiana, 70435 — spoke in favor of
C3 Codes, urging Council to compare International Codes with C3 Codes.
Stanley Briers — 219 Whispering Oaks, Taylor Lake Village, Texas - spoke in favor of the
C3 Codes.
Richard Lord — P.O. Box 8746, Houston, Texas 77249 — spoke in favor of the C3 Codes. In
addition, Mr. Lord informed City Council; contractors did not feel they were treated fairly
with City employees working with codes.
Joe Edwards — P.O. Box 749201, Houston, Texas 77274-1201 — Mr. Edwards is a consultant
for area cities, and spoke in favor of the International Codes.
Carroll Pruitt — 6705 Hwy 290 West, #302-299, Austin, Texas 78749-4203 — spoke in favor
of the International Codes.
Leonard Zlomke — 209 S. Lobit, La Porte, Texas 77571— spoke against the Bayport pre -
check facility proposed for Barbours Cut.
Fran Strong — 2711 Crescent View, La Porte, Texas 77571— spoke against the Bayport
Expansion, as a property owner, as well as the representative of the Old Highway 146
Committee. Ms. Strong urged City Council to join the lawsuit against Army Corps of
Engineers.
Michael Sims — 3331 Luella Blvd. #1305, La Porte, Texas 77571 — Mr. Sims is a Master
Electrician and is in favor of the C3 Codes.
Bill Scott —1802 Lomax School Rd., La Porte, Texas 77571— spoke against the Bayport
Expansion. In addition, he informed City Council of flooding concerns, and provided them
with a picture to view and written comments.
Charles Gilliam — 202 North Nugent, La Porte, Texas 77571— spoke against the Bayport
Expansion. and the pre -check facility.
Durwood Deckard — 308 N. Brownell, La Porte, Texas 77571 - voiced concerns regarding
Bayport Expansion and the pre -check facility.
Bernard Legrand — 3115 Layne Court, La Porte, Texas 77571— spoke against the Bayport
Expansion and urged Council to join the lawsuit.
Arthur Kelley — 215 Hazel, La Porte, Texas 77571— spoke against the Bayport Expansion
and urged Council to join the lawsuit. Mr. Kelley further informed Council that the Port of
Houston does not follow through with their promises.
Dusty Cook —1303 Dunhill, Pasadena, Texas — spoke in favor of the C3 Codes.
Eddie Hollub — 4828 Pine, Pasadena, Texas — spoke in favor of the C3 Codes.
6. PROCLAMATIONS/PRESENTATIONS
City Council Meeting Ay 14, 2003 - Page 3 0
A. Mayor Malone presented Grover Salsbury with a Proclamation honoring his donation of
a replica the San Jacinto Monument to the City of La Porte.
B. Mayor Malone presented Richard Bricker with a Proclamation honoring his donation
and display of artwork for the City of La Porte.
C. Mayor Malone presented Betty Stoumbaugh with a Proclamation honoring her donation
and display of artwork for the City of La Porte.
D. Mayor Malone read a letter from The Gatorade Company of Chicago, Illinois, honoring
"America's Elite High School Athletes" and Ken:on Clement.
E. GFOAT President Cynthia Alexander presented Mayor Norman Malone with the
"GFOA's distinguished Budget Presentation Award" for its annual budget for the fiscal
year beginning October 1, 2002.
7. Council to consider approval or other action regarding a resolution transferring Canada Road
to the Harris County Road Log.
Director of Public Works Steve Gillett presented the summary and recommendation and
answered Council's questions.
City Attorney read: RESOLUTION 2003-20 — A RESOLUTION AUTHORIZING THE
TEMPORARY TRANSFER OF CANADA ROAD TO THE HARRIS COUNTY ROAD
LOG.
Motion was made by Councilmember Engelken to approve Resolution 2003-20 as presented
by Mr. Gillett. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Beasley, Ebow, Griffiths and Malone
Nays: None
Abstain: None
8. Open Public Hearing — Mayor Malone opened the Public Hearing at 7:09 p.m.
Review by Staff — City Planner Gwen Goodwin presented summary and recommendation
and answered questions 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 of land herein
described.
Councilmember Meismer questioned the mailout to residents within two hundred feet, with
it being obvious there are no residents within two hundred feet. Ms. Goodwin responded
the information was sent to property owners.
Public Input
Robert Burchfield — 2423 W. Governor's Circle #400, Houston, Texas 77092 — a third
generation developer/realtor in the City of Houston. My family began a map business in
1900; their company drew some of the first maps of La Porte. La Porte was larger on some
of the maps than Houston. La Porte has been a part of Mr. Burchfield's heritage for a long
time.
City Council Meeting -fly 14, 2003 - Page 4 •
In listening to Reverend Spears tonight, reminding us all to think clearly of what will be best
for the Community, that's what the Burchfield firm's challenge is with this particular
property. There are 107 acres, bounded by residential development, Taylor Bayou, the golf
course and by Highway 146. When the firm first looked at the property, it certainly bodes
well to think in terms of all manners of development.
Mr. Burchfield had the property reviewed by the Northrup Assosciates (environmentalists);
and was informed the Community has a treasure, a drunken forest, meaning the forest has
the original "Beaumont" soil (about 2000 years old). "Beaumont" soils have a very
interesting characteristic of moving, and when the tree moves; then grows towards the sun,
gnarls, dries and moves again, ending up with a drunken tree. The purpose of discovering
this was to find a way to be fair to the owner of the property making economic use, and
preserve as much property as possible to put in a wildlife preserve. The firm is working
with Northrup and Associates, Harris County, State and National government, in
conjunction with La Porte staff, in creating over 80 acres of wildlife park to surround a
smaller residential development area. One acre of preserve, on a coast like this, supports at
least 2000 acres of activity north.
Northrup has been hired by the commission for the San Jacinto Monument to recreate,
around the monument, the condition that existed in 1836, at the time of the battle (the area
the developer wants to preserve is in the same condition of what the Monument Commission
will be recreating). As a developer, this is the first time I have come to develop as little as
possible, devoting as much of this to future generations as possible. In conjunction with
City Staff pulling together the resources, the arboretum and the bird society; the support for
this is amazing; while still being fair to the property owner, and hiding the Planned Unit
Development.
Peggy Antone — 8418 Collingsdale, La Porte, Texas 77571— spoke against the development
of an apartment complex on McCabe Road without protecting the wetlands; Ms. Antone
encourages the preservation of the wetlands.
If the development is approved, Ms. Antone requests that Mr. Burchfield's firm be held
accountable for their word that the property will be used as a wildlife sanctuary. Otherwise,
we could change this to a PUD, take it out of R-1 Zoning, build this apartment complex, and
someone could say, "Those aren't jurisdictional wetlands. We do not have to do that." The
property owner could cut all the trees down and build houses; after all, it is zoned R-1. Ms.
Antone would like Council to please take this into consideration.
Ms. Antone is very happy to see Mr. Burchfield in support of the wildlife sanctuary. Ms.
Anton feels La Porte needs amenities like this. We are supposed to be an industrial
community; Ms. Antone would prefer the image of La Porte being a sanctuary for wildlife,
coastline, something besides towers in the air.
City Planner Gwen Goodwin explained there would be steps to accomplish the development.
The rezone is critical; those 13.73 acres are needed for the developer to use the adjoining
area; approximately 16 acres of PUD zone, to help make the project viable. After or
depending on Council's decision about the rezone, the next stage would be to secure a
Special Conditional Use Permit with a general plan; this would give the P&Z Commission
an opportunity to make detailed suggestions and outline specific conditions that the
developer would have to comply with; those changes and conditions would be presented to
Council for final approval.
Councilmember Young stated this is not in conjunction with the City's future plans. Mr.
Young visited some well -planned neighborhoods in the Kemah area with no apartments or
City Council Meeting -fly 14, 2003 - Page 5 is
places of business within the neighborhoods. Mr. Young is not in agreement with the PUD
plan.
Councilmember Meismer has a series of concerns about the planned unit development. Part
of his concern is the wetlands sensitive area issues. This looks like an attempt to fast track,
to deal with the wetlands issues; suggesting the City is cognizant and aware of these issues.
Mayor Malone asked Mr. Burchfield if the wetland issue has been considered. Mayor was
assured that the plan is to create a wildlife preserve; the development is less than 3.9 units
per acre, which is less than any single family residential home in the luxury category,
creating a luxury unit complex, having more wetlands in a wildlife preserve, and expand
them.
Councilmember Griffiths stated when Council adopts the Ordinance; the developer will be
liable to create what has been agreed upon in the terms of the Special Conditional Use
Permit. Mr. Griffiths questioned if the luxury apartments will be similar to the ones by
Armand Bayou.
City Planner Gwen Goodwin assured Mr. Griffiths that if the developer does not accomplish
his terms, the City has the right to abolish the agreement.
Councilmember Meismer clarified he is not in opposition to the project; he is in opposition
to the possibility that the apartment complex issue, deals with an economic issue to do
something with this property. If something is done with this property where the wetlands
make sense, that's'one thing. The thing that can also happen, you can go in and construct
apartments, while the outlying and adjacent areas could run aground. For Mr. Miser's
support, fail-safe measures need to be in place.
Mr. Burch field assured Mr. Meismer of their partner, Paramount Financial Group, which
essentially belongs to General Motors; he feels they are financially secure. Mr. Burch field
is so encouraged with the multi -level of support; the developers plan to do what is best for
the City, while being fair to the landowner. The plan is to maximize the wildlife preserve,
wetlands and have a viable financial partnership together. Mr. Burch field welcomes a
viable partnership with the City.
Councilmember Beasley questioned if the park and the preserve would be open to the public
or is private. Mr. Burchfield will work with National, City, State and County levels to bring
committees together; there is a citizen in the City who is an expertise in this area. There are
many areas that need to be considered. Mr. Beasley questioned if the design we saw in the
photo is not part of the development, as it exists today. Mr. Burchfield informed him only
the insertion of the rezoned portion, the portion with the lake in the middle and the
landscaping around it, is what they are going to do. This needs to be discussed by all
parties/committees involved; decisions/recommendations need to be made; will this be a
National Park, a State Park, City Park, etc. There are grants available, even HUD has funds.
Councilmember Beasley asked Mayor to note that comments and testimony between Mayor,
Council and Mr. Burchfield be added to the official record of tonight's meeting.
Councilmember Young commented that the plans look very nice; however, he is concerned
about all the empty apartments in the area; perhaps the area is over built with apartments.
Mr. Burchfield was informed, by his marketing representatives, their development is not
serving in the area he is discussing.
City Council Meeting -fly 14, 2003 - Page 6 •
Councilmember Meismer understands Mr. Young's concerns. As far as provisions for a
high -end complex, falling into a detrimental repair, Mr. Meismer questioned Mr. Burchfield
if they will have safeguards against this happening. The development firm has put in
excessive reserves, increasing with significant reserves each year.
The Planning and Zoning Staff recommends Council approve of rezoning classification of
the certain parcel of land to R-03-005.
The Public Hearing was closed at 7:36 p.m.
9. Council to consider approval or other action regarding an ordinance amending the Code of
Ordinances of the City of La Porte, Chapter 106.
City Planner Gwen Goodwin presented the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 1501-AAA- #R-03-005 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 OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to approve Ordinance 1501-AAA #R-03-005 as
presented by Ms. Goodwin. Second by Councilmember Griffiths. Motion carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Beasley, Ebow, Griffiths and Malone
Nays: Young
Abstain: None
10. Council to consider approval or other action regarding SCUP#03-001 subject to the Port of
Houston Authority Commission's approval of the revised Value Assurance Resolution. This
Item was previously tabled at the June 9, 2003 Regular Meeting and Public Hearing.
City Planner Gwen Goodwin read summary and recommendation and answered Council's
questions. Ms. Goodwin provided Council with an updated document from the Port of
Houston.
City Attorney read: ORDINANCE 1501-ZZ — 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 ALLEYS WITHIN THESE BLOCKS
AND PORTIONS OF IOTH, 11TH, 12TH AVENUES, BROWNELL, NUGENT, HOLMES
AND CARROLL STREETS, OUT OF JOHNSON HUNTER SURVEY, ABSTRACT 35,
LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A
TRUCK PRE -CHECK FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
City Council Meeting -fly 14, 2003 - Page 7 •
Motion was made by Councilmember Warren to table approval of Ordinance 1501-ZZ -
SCUP #03-001 as presented by Ms. Goodwin until a later Council date. Second by
Councilmember Meismer. Motion carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Young, Beasley, Ebow and Malone
Nays: Griffiths
Abstain: None
11. Council to 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. This item was previously tabled at the June 9, 2003 Regular
Meeting and Public Hearing and the June 23, 2003 Regular Meeting.
City Planner Gwen Goodwin read summary and recommendation and answered Council's
questions.
Assistant City Attorney read: ORDINANCE 2003-2635 — AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 439, TOWN OF LA PORTE
AND A PORTION OF THE NORTH IDAHO STREET RIGHT-OF-WAY, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young to table approval of Ordinance 2003-2635 as
presented by Ms. Goodwin until a later Council date. Second by Councilmember Meismer.
Motion carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Young, Beasley, Ebow, Griffiths and Malone
Nays: None
Abstain: None
Item Number 12 was taken after Item Number 13.
13. Council to consider approval or other action authorizing the adoption of ICC codes.
Building Official Debbie Wilmore read summary and recommendation and answered
Council's question.
City Attorney read: ORDINANCE 96-2079-B — AN ORDINANCE 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 11 `BUILIDNG CODES", SECTION 82-34
"USE OF TERM BUILDING OFFICIAL", CHAPTER 82 `BUILDINGS AND BUILDING
REGULATIONS", SECTIONS 82-35 AND 82-36 "INSURANCE REQUIREMENTS";
CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE III
"PLUMBING CODE" SECTION 82-66 AND SECTION 82-67 "AMENDMENTS";
CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", SECTION 82-68 "USE
OF TERM PLUMBING OFFICIAL; CHAPTER 82 `BUILDINGS AND BUILDING
REGULATIONS", ARTICLE IV "ELECTRICAL CODE" DIVISION 1 "GENERALLY",
DMSION 2 "LICENSES AND CERTIFICATIONS", DIVISIONS 3 "PERMITS",
DIVISION 4 "INSPECTIONS", DIVISION 5 "STANDARDS", SECTION 82-336
"ADOPTION" AND SECTIONS 82-337 — 82-350 "AMENDMENTS"; CHAPTER 82
"BUILDINGS AND BUILDING REGULATIONS", ARTICLE V "FUEL GAS CODE"
SECTION 82-381 "ADOPTION" AND SECTION 82-382 "AMENDMENTS'; CHAPTER
82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE VI "ENERGY
City Council Meeting - ty 14, 2003 - Page 8 •
CONSERVATION CODE" ADDING SECTION 82-411 "PURPOSE", SECTION 82-412
"ADOPTION" AND SECTION 82-462 "AMENDMENTS"; CHAPTER 82 "BUILDINGS
AND BUILDING CODE REGULATIONS", ARTICLE VII "MECHANICAL CODE"
SECTION 82-441 "ADOPTION", AND SECTION 82-442 "AMENDMENTS";
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABIILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE
TEMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE
HUNDRED DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to reject ICC Code as presented by Ms.
Wilmore, and have Staff consider amendment of C3 codes and bring back C3 Codes at a
future Meeting for approval Second by Councilmember Beasley. Motion carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Beasley, Ebow, Griffiths and Malone
Nays: Young
Abstain: None
Assistant City Manager John Joems noted that the C3 Codes would take time to review
before being brought back to Council.
12. Council to consider approval or other action authorizing the adoption of the proposed
permit/inspection fees.
Building Official Debbie Wilmore read summary and recommendation and answered
Council's question.
Assistant City Attorney read: ORDINANCE 2003-2641 — AN ORDINANCE ADOPTING
NEW PERMIT AND/OR INSPECTION FEES BY AMENDING APPRENDIX "A" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; AMENDING APPENDIX
"A" "FEES", BY ADDING CHAPTER 82 "BUILDINGS AND BUILDING
REGULATIONS", ARTICLE II "BUILDING 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 APPRENDIX "A" FEES. BY ADDING CHAPTER
82 "BUILDIONGS AND BUILDING REGULATIONS", ARTICLE V "FUEL GAS CODE
PERMIT FEE SCHEDULE; AMENDING APPENDIX "A" FEES; BY ADDING
CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS,"ARTICLE VII
"MECHANICAL CODE PERMIT FEE SCHEDULE"; AMENDING APPENDIX A
"FEES" BY AMENDING CHAPTER 82 "BUILDING REGULATIONS", ARTICLE XI
"SWIlVIMING POOLS"' PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Griffiths to table Ordinance 2003-2641 as presented
by Ms. Wilmore. Second by Mayor Malone. Motion carried.
City Council Meeting - futy 14, 2003 - Page 9 •
Ayes: Engelken, Mosteit, Meismer, Warren, Young, Beasley, Ebow, Griffiths and Malone
Nays: None
Abstain: None
14. Council to consider approval or other action passing ordinances condemning each of the two
(2) substandard structures. This item was tabled at February 3, 2003 City Council
Meeting. A letter from Ms. Berryhill was distributed to Council.
Building Official Debbie Wilmore read summary and recommendation and answered
Council's question.
Assistant City Attorney read: ORDINANCE 2003-2610-C - AN ORDINANCE
DECLARING THE BUILDINGS LOCATED ON LOT(S) LOT 17 & E Y. OF LOT 18,
BLOCK 30; ADDITION Beach Park, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Myra
BgM hill /C/O Audrey Bell IS THE RECORD OWNER(S) OF SAID PROPERTY;
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL
OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF
SIAD PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
Assistant City Attorney read: ORDINANCE 2003-2610-F - AN ORDINANCE
DECLARING THE BUILDINGS LOCATED ON LOT(S) 25-28, BLOCK 61; ADDITION
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Felix Vigier IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S)
TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF
INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE
IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW.
Motion was made by Councilmember Ebow to approve Ordinance 2003-2610-C and 2003-
2610-F as presented by Ms. Wilmore. Second by Councilmember Griffithg. Motion
carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Young, Beasley, Ebow, Griffiths and Malone
Nays: None
Abstain: None
15. Council to consider approval or other action of proposed rate increase of 2.61% for
collection of containerized commercial solid waste by BFI Waste Systems, Inc.
Director of Public Works .Steve Gillett read summary and recommendation and answered
Council's question.
City Council Meeting - A 14, 2003 - Page 10 is
Motion was made by Councilmember Beasley to approve proposed rate increase of 2.61%
for collection of containerized commercial solid waste by BFI Waste Systems, Inc. as
presented by Mr. Gillett. Second by Councilmember Warren. Motion carried.
Ayes: Engelken, Mosteit, Meismer, Warren, Young, Beasley,'Ebow, Griffiths and Malone
Nays: None
Abstain: None
16. Council to receive report from Bayport Expansion Review Committee, consisting of
Chairperson Chuck Engelken, Committee Members Peter Griffiths and Mike Mosteit, and
consider approval or other action of a recommendation in response to the Final
Environmental Impact Study.
The Committee informed City Council they would like to send an opposition letter on the
FEIS.
The Committee recommended to not enter into the lawsuit, at this time, wanting the decision
to be made by full Council.
It was noted the Committee was only directed by Council to consider response to FEIS.
17. CONSENT AGENDA
A. Consider consent to award bid for purchase of chemical and fertilizers — D. Hlavaty
B. Consider consent to award bid for purchase of plastic garbage bags — S. Gillett
18. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle reminded Council of the Bay Area /Transportation Partnership
Meeting Program featuring Sylvia Garcia on July 17, from 5 p.m. until 7 p.m. at Lakewood
Yacht Club; the AMCC Conference on July 25-26, and the TML Region 14 on August 8-9 at
Galveston.
19. 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)
Council retired into Executive Session at 9:32 p.m.
Council reconvened the Council Meeting at 10:02 p.m.
20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session.
City Council Meeting - J% 14, 2003 - Page 11 is
21. Chairman Mike Mosteit presented the Fill Dirt Committee Report from their meeting on
Thursday, July 10, 2003; beginning it with a field trip to review areas of concerns, where
complaints have been made and permits have been pulled from the citizens.
On returning to Council Chambers, the Committee took'comments from the citizens that
were present. Most of the concerns were the fill dirt permitting process or the access to the .
fill dirt be abolished. There has been a total misconception of the process; the process was
started because of concerns due to the added dirt with elevation on properties in La Porte;
particularly in Districts 1, 4 and 6. This would change the amount of flow and rate of flow
in the City's drainage ditch, possibly backing up sooner than in the past.
In Mr. Mosteit's opinion, the Committee was put together to address -the Ordinance in that
manner and clear up some gray areas, also addressing possible conflicts with the state law
and the Ordinance in its existence today. This will be the intent of the Committee in the
future. The next meeting will be Friday, July 18, 2003, everyone is welcome. Mr. Mosteit
asked for comments from the other Committee members and Councilmembers that attended
the meeting, and thanked them and the citizens for their input.
Councilmember Meismer feels the Committee will be able to come up with a solution to
benefit all the citizens in La Porte..
Councilmember Young is glad to hear that a stand has been taken on this situation, building
up property causing neighbor's property to flood.
22. COUNCIL COMMENTS
Councilmembers Engelken, Ebow, Mosteit, Meismer, Warren, Young, Beasley, Griffiths
and Malone all had comments.
Respectfully submitted,
Martha Gillett
City Secretary
Zorma
and approved on this 28th day of July 2003
n Ma , e, May
REQNST FOR CITY COUNCIL AGCA ITEM
Agenda Date Requested: _Julv 28 2003
Requested By: Carol Buttler
Department: Administrative Services
Report: X Resolution: Ordinance:
Exhibit Updated Timeline.
Exhibit List of students assigned to departments
Exhibit
Exhibit
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
♦ The Summer Youth Employment Program began on Monday, June 2, 2003.
♦ Initially, 17 students were hired from just over 30 applicants.
♦ Council approved a budget not to exceed $30,000.00 for this pilot program.
♦ As of this date, the program is well under budget due to several factors (promoted up into
full-time position, pre -scheduled vacations, resignation for longer term employment, or
not returning for various reasons).
♦ Currently, 13 students still participate and intend to complete the program.
♦ To date, the City has expended approximately $11,000.00 to $12,000.00 in salaries
including mandatory benefits (FICA, Workers' Compensation).
♦ Miscellaneous expenses for operation of the program (framed proclamations,
appreciation lunch and gift bags, completion certificates) should total less than $2,000.00.
♦ Council will receive copies of student reports on the program.
♦ August 8, 2003, (final day of the program) a lunch is scheduled for 11:00 am to 1:00 pm
in Council Chambers to award certificates of completion to the students and to evaluate
the program.
Action Required by Council:
Approved for City Council Asenda
Debra 13rooks Fenzelle, Manager
q-, as -43
Date
YOUTH SU MIER EMPLOYMENT PROJECT
UPDATED TIMELINE
ACTION
DATE
STATUS
COMMENTS
Present proposal to CC
04/28/03
Completed
Council requested additional information.
1 s item Completed
Task request grid to DBF for CC; need
05/01/ thru 05/06/03
2nd item Approved up to
Work on Matrix to finalize department
ordinance to establish account & approve
$30,000.
student requests and begin accepting
funding; ck w/ Knox
applications.
Timeline to DBF
05/02/03
Completed — Revised 5/14/03
Present information to LPISD Board
05/05/03
Completed
Positive response from Board
Appointment with Gloria
Davis, Co -Op Director to
Wait until specific direction from CC to
Contact Dave Turnquist and LPISD
05/06/03
receive applications &
provide correct information to LPISD.
counselors for recruitment plan
05/21/03 Appt.
discuss program
Presently working on flyer for CC & school.
Present final recommendation to CC for
decision
05/12/03
Com leted
Positive response from majority CC.
Advertise - Bayshore Sun, HR board, Job
Line, Marquee, Web site, Ch 16
05/13 thru 21
Completed
05/13 thru 21 @
Positive response; several students have
Receive applications from youth
5:00 RM
Completed
applied to date.
Possibly several strategies — Either review
Departments Review Applications &
together at Exec. Staff or HR sort and send
Youth interview with departments
05/22 thru 05/29
Completed
apps. To appropriate dept.
Students Out of School
Memorial Day
05/26
City offices closed
May affect dates/times to schedule youth
interviews. Only afternoons would be
Final Exam Week
05/27 thru 29
available.
Last day of School
Last day to interview applicants 1
05/29/03
1I
As of 07/22/03
Last printed 7/222003 3:36 PM
Page I of 2
ACTION
DATE
STATUS
COMMENTS, QUESTIONS, OR
CONCERNS
Schedule for 2:00 pm
Practice for graduation scheduled for
Orientation 1 to 2 hours)
05/30/03
Com leted
10:00 am.
LPISD Graduation Ceremony
05/31/03
Some students may begin at a later date thru
prior agreement with dept.
Youth report to job sites
06/02/03
(1) student did not return after first day.
Departments assign reports to Students
06/04/03
HR monitoring students/depts.
06/13/03
(1) student promoted to full-time position at
HR monitoring students/depts.
06/20/03
Public Works.
(1) student resigned for longer -term part-time
HR monitoring students/depts.
06/27/03
employment.
(1) student promoted to lifeguard position.
HR monitoring students/depts.
07/04/03
HR monitoring students/depts.
07/11/03
HR monitoring students/depts.
07/18/03
Received 5 to date.
Remind students of deadline.
Reports due to departments from Students
07/21/03
HR — Verify w/students
13 students still participating and intending to
HR monitoring students/depts.
07/25/03
attendance at CC Meeting.
complete the program.
Framing of proclamations in
Report Presentations to Council &
07/28/03
progress.
Proclamation
HR — Verify w/students
HR monitoring students/depts.
08/01 /03
attendance for luncheon.
Scheduled for Council
Caterer committed, preparing gift bags /
Last Day -Luncheon, Present Certificates of
Chambers 11 am to 1 pm.
survey forms / certificates.
Completion
08/08/03
0+
As of 07/22/03
Last printed 7/22/2003 3:36 PM
Page 2 of 2
0 •
•
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 28, 2003/ n /)/1 I I Amorouriation
Requested By: Stephen L. Barr }(f ounce of Funds: Capital Improvement Prnjeect
Department: arks & Relation Acc't Number: 015-9892-874-1100
Report: X Resolution: Ordinance: Amount Budgeted: $73,200
Exhibits: Sealed Bid #0890 Amount Requested: $19,100
Exhibits: Notice to Bidders Budgeted Item: YES X NO
Exhibits:
SUMMARY & RECOMMENDATION
Sealed Bid #0890 for an environmental control system for the RFC Pool was sent to four vendors. Bids
were opened on July 14, 2003 with two vendors responding. City Council approved a Capital Improvement
Project to make improvements to the La Porte Recreation & Fitness Center as a part of the FY 2002-03 budget
process. A part of that project calls for replacing the existing control system at the RFC pool with an
environmental control system that will eliminate airborne chloramines in the pool area. This system will cut
down on odor and corrosion caused by the airborne chlorammes.
Staff recommends acceptance of the bid from R & K Commercial Aquatics Services in the amount of
$19,100 as low bidder meeting specifications.
.,-.Action Reguired byCouncil:
" Consider approval and purchase of environmental pool control system for the La Porte Recreation & Fitness
'Center Pool.
Approved for City Council Agenda
bkq-� 6 v eg
Debra B. Feazelle, City M r Date
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
PURCHASING DIVISION
To: Stephen Barr, Director of Parks & Recreation
From: Susan Kelley, Purchasing Manager
Subject: Bid #0890 — Environmental Control System
Date: July 15, 2003
,AI. EN 5 20�i
PARKS & RECREATION DEPI:
Advertised, Sealed Bids #0890 — Environmental Control System were opened and read
on July 14, 2003. Bid requests were mailed to four (4) vendors with two (2) returning bids
as follows:
R & K Commercial Aquatics Services $19,100
Lincoln Equipment, Inc. $19,963
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
This bid may be placed on the agenda for the City Council meeting on July 28, 2003.
Please remember to submit your recommendation with an agenda request form to the
City Secretary, Finance Director and Purchasing Manager by the prescribed time. The
following items should be included:
➢ This letter and bidder's list as backup
➢ Date of requested council meeting
➢ Explanation of recommendation, other than apparent low bid
Attachment: Bid Copies
Bidder's List
•
Ll
BIDDER'S LIST
SEALED BID #0890
ENVIRONMENTAL CONTROL SYSTEMS
LINCOLN EQUIPMENT
P.O. BOX 890192
HOUSTON, TX 772895
SUNBELT POOLS
10555 PLANO RD
DALLAS, TX 75238
BAYSHORE SUN PUBLISH DATES:
JUNE 29, 2003
J U LY 06, 2003
R & K COMMERCIAL AQUATIC
3910 FAIRMONT PARKWAY #373
PASADENA, TX 77504
TEXAS SOUTHWEST AQUATICS
1305 B.ROADWAY
PASADENA, TX 77506
CHAMBER OF COMMERCE
P. O. BOX 996
LA PORTE, TX 77572-0996