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Home My WebLink About2003-07-28 Regular Meeting • • • CONSENT AGENDA • A • • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL JULY 28, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of Citv Council Present: Councilmembers Peter Griffiths, Howazd Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and Norman Malone . Members of Council Absent: Barry Beasley Members of City Executive Staff and Citv Employees Present: Director of Emergency Services Joe Sease, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Police Chief Richard Reff, Assistant to City Manager Crystal Scott, Human Resources Specialist Kendra Williams, Director of Administrative Services Carol Buttler, Director of Public Works Steve Gillett, Assistant Director of Finance Michael Dolby and Purchasing Manager Susan Kelley Others Present: Sidney Grant, Mrs. Sidney Grant, Delia Claus, Bazbara Norwine, Fred Bender, Ann Hayes, Tommy Moser, Cazol Christian of the "Houston Chronicle This Week", Chazles Underwood, Colleen Hicks, Tom Caybelt, Mark Venable 2. Reverend David Morgan of the First Baptist Church:deliveredthe invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. Council to consider approval or other action of the Minutes of the Regulaz Meeting and Public Hearing Meeting held July 14, 2003 and the Special Called Regulaz Meeting and Workshop Meeting held July 21, 2003. Motion was made by Councilmember Warren to approve the Minutes of the Reeular Meeting and Public Hearing Meeting_held on July 14, 2003 and the Special Called ReQUlar Meeting_and Workshop Meeting held July 21, 2003. Second by Councilmember Young. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 5. PRESENTATIONS/PROCLAMATIONS: Director of Administration Cazol Buttler presented a proclamation to each of the 12 youths participating in the Summer Youth Employment Program. The youths participating aze Michael Holt, Alena Hickey, Lindsay Pharr, Victoria Tristin, Karin Wright, Katrine Wright, Jeremy Zapalac, Shantea Crawford, Antwan Dyer, Joseph Doughty, Frederick Goines and Leann Bray. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens or taxpayers wishing to address Council. City Council Meeting - Ju~28, 2003 -Page 2 7. Council to consider approval or other action authorizing the City Manager to secure a Resolution for the submission of the Victim Coordinator and Liaison Grant for further funding for the Victims Assistance Liaison position. Police Chief Richard Reffpresented the summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-21- A RESOLUTION AUTHORIZING THE CITY MANAGER TO SECURE A RESOLUTION FOR THE SUBMISSION OF THE VICTIM COORDINATOR AND LIAISON GRANT FOR FURTHER FUNDING FOR THE VICTIM'S ASSISTANCE LIAISON POSITION. Motion was made by Councilmember Warren to approve Resolution 2003-21 as yresented by Chief Reff. Second by Councilmember Young. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 8. Council to•consider approval or other action of a funding resolution for the City of La Porte Industrial Waste Pretreatment Program. Director of Public Works Steve Gillett presented the summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-22 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING FUNDING FOR THE CITY OF LA PORTE INDUSTRIAL WASTE PRETREATMENT PROGRAM AS APPROVED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Motion was made by Councilmember En¢elken to approve Resolution 2003-22 as presented by Mr. Gillett. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 9. Council to consider approving a new Industrial Waste Ordinance. Director of Public Works Steve Gillett presented the summary and recommendation and answered Council's questions . Assistant City Attorney read: ORDINANCE 2003-2642 - AN ORDINANCE AMENDING CHAPTER 74 "UTII.TTIES", ARTICLE II, "INDUSTRIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN APPENDIX B OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE EACH DAY OF VIOLATION City Council Meeting - Ju~28, 2003 -Page 3 • SHALL BE DEEMED A SEPARATE OFFENSE CONTAINING SEVERABILITY AND REPEALING CLAUSES. FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 2003-2642 as presented by Mr. Gillett. Second by Councilmember Warren. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 10. Council to consider approving an Ordinance closing the Fairmont Parkway at-grade crossing of the Union Pacific Railroad when the proposed Fairmont Parkway Overpass is placed in service. Director of Public Works Steve Gillett gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2643 - AN ORDINANCE CLOSING THE FAIRMONT PARKWAY AT-GRADE CROSSING OF THE UNION PACIFIC RAILROAD COMPANY'S TRACK NEAR 16'~ STREET WHEN THE PROPOSED FAIRMONT PARKWAY GRADE SEPARATION (OVERPASS) IS PLACED IN SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN~ EFFECTIVE DATE HEREOF. Motion was made by Councilmember Young to approve Ordinance 2003-2643 as presented Mr. Gillett. Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Meismer, Mosteit, Wan en, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 11. Council to consider authorizing the City Manager to sign the Sub-Recipient Agreement to receive $103,072.00 in awarded funds. Police Chief Richard Reff gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2644 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CTI'Y OF LA PORTE AND THE TEXAS ENGINEERING EXTENSION SERVICE FOR PARTICIPATION IN THE STATE HOMELAND SECURITY GRANT PROGRAM, 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 Councilmember Meismer to approve Ordinance 2003-2644 as presented by Chief Reff. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Meismer, Mosteit, Wan en, Young, Ebow, Griffiths and Malone Nays: None Abstain: None City Council Meeting - Ju~28, 2003 -Page 4 • 12. Council to consider approving an Ordinance for the purchasing of property in the amount of $190,900.00. Director of Emergency Services Joe Sease gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2645 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA~PORTE AND THE BACON FAMILY TRUST, FOR THE PURCHASE OF A 1.8354 ACRE TRACT OF LAND, AT THE SOUTHWEST .CORNER OF THE INTERSECTION OF SENS ROAD AND NORTH "H" STREET, AS A SITE FOR THE LOMAX FIRE STATION, APPROPRIATING NOT TO EXCEED $190,900.00, TO FUND SAID CONTRACT, 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 Councilmember Young to approve Ordinance 2003-2645 as presented Mr. Sease. Second by Councilmember Meismer. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 13. Council to consider approving or. other action regarding revised Council Meetings Procedure Ordinance. City Secretary Martha Gillett gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2646 - AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 2003-2646 as presented by Ms. Gillett. Second by Councilmember Mosteit. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 14. Council to consider approving or other action regarding amending Ordinance 1444-D regulating the platting or replatting of land into subdivisions in the City of La Porte and within the extraterritorial jurisdiction of the City of La Porte. The back up for this item was not provided; due to staff not being ready, this item was tabled at the 7/28/03 meeting. Motion was made by Councilmember Griffiths to approve tabling this item. Second by Councilmember Mosteit. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None • Abstain: None City Council Meeting - Ju~y 28, 2003 -Page 5 15. Council to consider amending or repealing a resolution of the City Council placing a moratorium on the acceptance for filing and the issuance of permits under Ordinance 1444-A (altering the elevation of.property within the corporation limits of the City). The backup for this item was not provided; due to staff not being ready, this item was tabled at the 7/28/03 meeting. Motion was made by Councilmember Griffiths to approve tabling this item. Second by Councilmember Mosteit. The motion carried. Ayes: Engelken, Meismer, Mosteit, Wan en, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 16. Council to consider approval and purchase of an environmental pool control system for the La Porte Recreation'& Fitness Center Pool. Director'of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Engelken to approve the purchase of an environmental pool control system as presented by Mr. Barr. Second by Councilmember Mosteit. The motion carried. Ayes: Engelken, Meismer; Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 17. ADMINISTRATIVE REPORTS City Manager Debra Feazelle reminded Council of the TML Region 14 to be held August 8 and 9, 2003 in Galveston, Texas; and the City's Birthday Party to the held August 11, 2003 from 4 p.m. until 5 p.m. at the Original City Hall. 18. COUNCIL COMMENTS Councilmembers Young, Warren, Griffiths, Ebow, Engelken, Mosteit and Meismer all had .comments. 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, DELTBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Council retired~into Executive Session at 6:47 p.m. Council reconvened the Council Meeting at 8:27 p.m. City Council Meeting - Ju~28, 2003 -Page 6 ~ • 20. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 21. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:28 p.m. Respectfully submitted, Martha Gillett City Secretary Pass d and approved on .this 11th day of August 2003 Norman Malone, Mayor • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Susan Kelley ~~/~~~ Department: Administrative Services Report: Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bidder's List • Aaaroariation Source of Funds: Inventory Acct Account Number: 001-0000-120-0100 Amount Budgeted: Amount Requested: $17,388.17 Budgeted Item: YES NO SUMMARY & RECOMMENDATION Advertised Sealed Bid #0893 -Chemical, Paper & Janitorial Supplies was opened and read on July 28, 2003. Bid requests were mailed to fourteen (14) area suppliers with six (6) returned bids. Premium Foods submitted low bid meeting specifications. Samples were received and inspected for quality. Using estimated yearly quantities, the total cost would be $17,38$.17. This cost is a two percent (2%) decrease under the last bid in August 2002. The contract is for one (1) year with an additional one (1) year option period. . Staff recommends award of Bid #0893 -Chemical, Paper and Janitorial Supplies to low bidder meeting specifications in the amount of $17,388.17: The items will be purchased for warehouse inventory throughout the year, and distributed as needed. Funds have been budgeted by the user divisions. Action Required by Council: Award Bid #0893 -Chemical, Paper and Janitorial Supplies in the amount of $17,388.17. Aaproved for City Council Agenda ~-s-~~ De ra B eazelle ity na er Date w J a a H g O H Z 7 W a a a Q V W S V i Z _O ~"' g Q H D m W O.~UM~~CD~CW r-0 ~1 t O~ 0~~~~p M ~ ~ N MODDDON O r J pm ~mme mm~~Of OD ~mI cON N Mmmmmm~ O ~ ~ M NrNOD tsa00ts~00~RVl~f/?O 1!1 so O OD~~N fAON~~~ b N N N ~OOOOOt~ o~ ~ ~. 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N IA W ~ J ~C7 NCN~I~~p EH fA ~ ~ fR fA fA fA fA fA ~ 1~ ~ O~~ch~ClptC ER ~ N r r r t0 {h oDNNCVCOC+1 r fA fA fA EI3 fA t/~ e~ {'7 OI r f~ fR fA !A EA t0 Vi 1n 01 O ~ w ~ ~ r W N ~ 1~O W ~mt0 01 W mM N N O~ CO tp C0 ~ O N tO M t0 ~ OOMOl~O ~ c0 tp ch tp tp M O o~ MODChOO I~ ~ w a0 C4 1~ ~ ~ N aD r o~ O ~ ~~M~M~N~O~N~N~~~~ 1~ Of 0~1~01~O~O~t 64 N r r ~ oD {'7 MNNt'70007 ~ tf? fA fA fJ3 fA fA ~ O N J d ~ fR fA ff! ff} 1n fR O ~ a ¢ s w e°Dn ~ a w NONOO~~~OMN 1~01~MN~NN~OtnM ~ r C7 r ~ J Q OI~OMN01 O~CONN r r ~ J Q OCDO~tOt0~00 OC7NNW010 M N J Q J ¢ v ~ ~ H H 0 ~ 0 ~ Zoz W} Z ~ ~I m Z O = p Z O a Q J Z a y N U' W ~J O W O d _O ~ LL ¢ WJU W WUJ WO N ~ d ~~ 30 W N a O ~ a' O d W t/1 WZ Z a a U ~~~ ~O ~ ~ O V N _Z UZ p g HW ~ W UxH~ a w a~ a~ ~ W ZWaf~m (~ W o (7 ~O = JNUJZUx q¢wv t~x w~3y~ QOUf/) JaN aw ~~a~ axOwo 0 ~Z~o-'a~a a ~ x a C7 ~~ QZxzcnOzzxOOW LL l g =xH~~ J QxO~~ =- g m ~ooc 7cvno~~~o ~ ~ ~~~°~~~ ~ a~¢w~ oy ~¢~ ~~''o o ~~x~fnm W ~r-cVCh~~cC~aoo~~~ W ~cV cget~ci~C fA H d1~NC7~~'fm~ O ~a ~o N N L_ Of C 'C 7 .o N N OC U a m E L O C l0 T C O O c .~ a N N C O ~° C • BIDDER'S LIST CHEMICAL, PAPER 8~ JANITORIAL SUPPLIES BID #0893 r AMSAN 3252 E LOOP N BLDG 6 HOUSTON, TX 77029 APOLLO PAPER 10000 W SAM HOUSTON PKWY N HOUSTON, TX 77064 BRAWNER PAPER PO BOX 15272 HOUSTON, TX 77220 MORSE WHOLESALE 3302 CANAL HOUSTON, TX 77003 PRESTIGE COMMERCIAL SERVICES P.O. BOX 925831 HOUSTON, TX 77292 SINGLE SOURCE SUPPLY, L.L.C. 3140 S. 11T" ST. BEAUMONT, TX 77713 GREAT SOUTHWEST PAPER CO P.O. BOX 15618 HOUSTON, TX 77220-5618 SUMMIT 7454E 46T" STREET TULSA, OK 74145 CHAMBER OF COMMERCE PO BOX 996 LA PORTE, TX 77572-0996 GISCO, INC PO BOX 2816 PEARLAND, TX 77588-2816 TEAM MAINTENANCE INC 1404 UPLAND DR HOUSTON, TX 77043 SECURITY SAFETY 8< SUPPLY INC 12701 FUQUA SUITE 103 HOUSTON TX 77034 UNISOURCE 4414 HOLLISTER HOUSTON, TX 77040 PREMIUM FOODS 7815 MARKET STREET HOUSTON, TX 77029 RICARD'S CHEMICAL ~ PAPER 2080 ST DENNIS STREET NEW ORLEANS, LA 70122 BAYSHORE SUN PUBLISH DATES: JULY 13, 2003 JULY 20, 2003 MEETING HANDOUTS • - ~._: ~; 8-11-03 Council Notes I have reviewed the City's fill dirt permits and there were large differences in. permit requirements. One large land owner had to repeatedly come t® City Hall to reapply for the max 40 Load Permit, while the owner of 11306 N L ,located West o~ Exxon's Pipeline; applied for and received a City permit for 40 + loads of dirt; which gave him unlimited loads of dirt. This was the only permit written to. allow unlimited loads of dirt. When that permit expired, the owner got another City permit for 700 loads. His drainage sketch; as you see,~stated the fill would be confined the back half of the property, but fill dirt was spread over the entire property. The sketch states that drainage will be from the edges down to a middle swale, but the reverse occurred. The dirt is high in the middle and drains to the edges. The ordinance test of not draining . onto your neighbor is also violated here. I've walked the East side of this property and there is no swale to keep it from draining onto neighboring property. Now let's look at another flagrant ordinance violation and abuse of neighbors. Some citizens are concerned.that they might flood because of~neighboring fill dirt. Our home site did flood on a regular basis. That lake you see is our 5 acre home site on Lomax School Rd. It is some of the .highest ground in Lomax and did not flood when we bought it. The flooding was caused by the Illegal dam installed to the West by the same group that has the feed lot City permitted for unlimited #s of animals on our South property line. Eor years they have brought in truck loads of sand and dirt and have never applied for a fill dirt permit and continue to violate the City ordinance as they build up their~land to drain onto ours. I have shown you this and you have done nothing. And to add insult to injury, your proposed fill dirt ordinance attempts to cover up for this abuse by allowing people like this to~ bring in up to 5 truck loads of fill every 6 months without any requirements. When fill• dirt is used to increases elevation to drain onto another citizens property or to dam the natural flow of water; the result is the same, whether it is SO loads at once or SO~loads spread. over 5 years. The proposed ordinance is -ambiguous and. vague on this point, and would allow the City's good~~ole boy system . to continue to abuse property owners as I've just shown you. This is~ not just and it points out that this City's system of special favors for City insiders is still operating.. I will no longer tolerate this abuse and I will hold personally responsible those that abide this cover up, and the arrogant, crooked good `ole boy system that produced it. I have an ordinance 2646 question for you personally Mr. Malone. Was the owner of 11306 N L given special City favors because he is chairman of the City's Board of Injustice and also one of your old cronies? , : . Thank You for Your Consideratign. .. , . Bill Scott ,, '~` . 1 i~ • • ~~ =. ~'.. . r~-•-~ ~~:~~- ti ~-;~ _.-~~