HomeMy WebLinkAbout2004-02-09 Regular Meeting0
10
MINUTES OF REGULAR MEETING AND PUBLIRARING
OF THE LA PORTE CITY COUNCIL
February 09, 2004
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 Chuck Engelken, Howard Ebow, Charlie Young, Barry
Beasley, Mike Mosteit, Peter Griffiths, Norman Malone, James Warren and Bruce Meismer
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Attorney John Armstrong,
Interim Planning Director Nick Finan, Assistants City Secretary Sharon Harris, City Secretary Martha Gillett,
Public Works Director Steve Gillett, Parks and Recreation Director Stephen Barr, Patrol Officer Sherman
Moore, Purchasing Manager Susan Kelley, Assistant Fire Chief John Dunham, MIS Manager Larry Mabe,
Computer Systems Administrator James Janoch, City Manager's Administrative Assistant Crystal Scott and
Assistant Police Chief Aaron Corrales
Others Present: Ricky Turner, Bobby Schlenk, Nancy McNabb, Scott Rodriguez, Tommy Moser, Spero
Pomonis, Bill Scott, Charlie Doug Boyle, Bill White, Jim Zoller, Bobby Schlenk, Ed Yung, Mike Clausen,
Dave Turnquist, Carol Christian of "Houston Chronicle This Week", Veronica Contreras, Joseph Hernandez,
Lionel Garcia, Dr. A. R. Moosa, Justin Landolt, Stephanie Moore, Mike Clausen and a number of other
citizens and students.
2. Reverend David Morgan of First Baptist Church delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. CONSENT AGENDA
A. Council to consider approval or other action regarding awarding RFP #104 —Telephone Upgrade in the
amount of $114,608.
B. Council to consider approval or other action regarding awarding Bid # 04006 — PE2 and PE4 Aggregate
for Surface Treatment in the amount of $52,236.
C. Council to consider approval or other action regarding awarding Bid #04007 — Oils, Fluids and
Lubricants in amount of $17,524.80.
D. Council to consider approval or other action of the Minutes of the Regular Meeting and Workshop
Meeting held on January 26, 2003.
Councilmember Mosteit requested discussion on items A and C.
Questions were answered on both items A and C.
Motion was made by Councilmember Engelken to vote on Item A separate. Second by Councilmember
Griffiths. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Warren, Meismer and Malone
Nays: None
Abstain: Beasley
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City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 2
Motion was made by Councilmember Mosteit to vote on items B. C & D together. Second by Peter
Griffiths. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Warren, Meismer, Beasley and Malone
Nays: None
Abstain: None
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Ms. Nancy McNabb of 4517 Goodfellow, Dallas, Texas 75229, a representative of NFPA, took the
opportunity to thank the Ad Hoc Committee for recommending the C-3 Codes and offer any needed
assistance.
Ed Yung of 230 Jefferson, La Porte, Texas 77571, deferred speaking, allowing Carlos Smith to speak.
Jim Zoller of 907 Hackberry, La Porte, Texas 77571, addressed.City Council and spoke in favor of the
Special Conditional Use permit being considered this evening.
Bill White of 10331 Collingswood, La Porte, Texas 77571, deferred speaking, allowing Carlos Smith to
speak.
Bobby Schlenk of 620 South 4'h Street, La Porte, Texas 77571, had a few questions regarding the
moratorium:
- Why wasn't each property owner contacted and asked their opinion on this issue.
- Mr. Schlenk understood that zoning will be changed for the downtown area to meet different building codes.
- Is this true, and if so, what kind of changes?
- Will new permits be needed for existing buildings or new permits for anything that has a permit issued?
within the last six months?
- All three of his properties were an eyesore of the Main Street District at one time, my wife and he worked
very hard to clean up these properties. This was all done with personal funding; to restore and beautify La
Porte. These properties were on the demolition list to be torn down or they just needed some love and care.
- Mr. Schlenk resents a handful of people dictating what he can and cannot do with his own property,
especially when all my efforts have been in beautifying and restoring La Porte.
Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571, intended to expose more of the false
statements in the Board of Adjustment (BOA) findings of fact regarding the feedlot next to his property.
However, Mr. Scott spoke instead in opposition of the Special Conditional Use (SCU) Permit and brought up
the following points:
- A 6000 square foot building, where the limit is 2000 square feet, this issue started as a variance before the
BOA and progressed to its current status of SCU Permit, associated with a Planned Unit
Development (PUD).
- The Zoning Ordinance PUD Section 636, the procedures are intended to be used in two ways. The City
Attorney should have apprised you of all the details. If you study the intended uses, this issue does not fall
under either intended use. The obvious conclusion is this section was either very poorly written, or needs to
be rewritten.
- Zoning Ordinance Section 656.F.10 is a very critical part of your City Council decision criteria on this
matter, which Council should have been informed by the City Attorney. These items need to be adhered to
as part of the quality under the law or changed in the Zoning Ordinance. The real issue is how the Board
handled the variance.
- Mr. Zoller, in his letter to the editor of the `Bayshore Sun", pointed out several specific clear items of law
that the BOA ignored and its handling of the variance. Mr. Scott researched Mr. Zoller's claims and agrees
with him.
City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 3
- Mr. Scott would like to add another very important violation of lawby the BOA. The term use is not
defined in the Zoning Ordinance, another oversight. If the dictionary's definition of use, the 6000 square
foot building fits under the term or word use. This is very important, as Zoning Ordinance Section 192.0
states "use variance prohibited", quote again, "no variance shall be granted to permit a use in a Zoning
District in which that use is prohibited". It is obvious the use of a 6000 square foot building is prohibited,
or there would not have been an attempt to get a variance to begin with. The BOA violated the law and their
signed oath to uphold the law. ,
- Mr. Scott asked the obvious 2646 questions; how long are you going to let lawbreakers and oath violators sit
In judgment of issues of the citizens and when are you going to clean up this mess? Mr. Scott has suffered
under same sort of .things, same injustices, violations of law and procedure; in fact Spero Pomonis was
subject to that not too long ago. We all need to have the same equality under the law.
Carlos Smith of 1003 East E Street, La Porte, Texas 77571, Mr. Smith encouraged Council to adopt the ICC
Codes for the commercial area. Mr. Smith noted it would be easier for Staff to work with one code and stated
they are more comprehensive. Mr. Smith provided Council with a handout.
6. Open Public Hearing — Mayor Malone opened the Public Hearing at 6:28 P.M.
Council to consider approval or other action regarding a Special Conditional Use Permit #SCU03-004 and
amending Ordinance 1501 -III.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Public Input
Scott Rodriguez of 15727 Perksley Drive, Houston, Texas 77059, property owner of 803 McCabe Road, La
Porte, Texas 77571, requested Council approve the request for the Special Conditional Use Permit (SCU03-
004). Mr. Rodriguez noted he could follow the ordinance, as written, but it does not make much sense.
Planning and Zoning Staff recommends approval and requested clarification from Council on the 30 foot
spacing from the main structure and additional rear structure.
The Public Hearing was closed at 6:43 p.m.
7. Council to consider approval or other action of a Special Conditional Use Permit #SCU03-004 and amending
Ordinance 1501 -III.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 1501 -III - AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THAT CITY OF LA PORTE, BY GRANTING A
SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO -WIT: 5.89 ACRES IN THE 800 BLOCK OF MCCABE ROAD, BEING TRS 5G.& 5H,
ABSTRACT 30, P.HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING A SINGLE-FAMILY HOUSE AND ACCESSORY STRUCTURE 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.
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City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 4
Motion was made by Councilmember Meismer to approve Ordinance 1501 -III and amended Special
Conditional Use Permit #SCU03-004 as presented by Mr. Finan. with Council's recommended revisions of
Permit Condition Number 1 to read "Accessory building must be located at the minimum of thirty -feet 30)
from the primary structure." Permit Condition Number 5 was deleted from the list. Second by
Couricilmember Ebow. The motion carried.
Ayes: Griffiths, Engelken, Mosteit, Ebow, Beasley, Warren, Meismer and Malone
Nays: Young
Abstain: None
8. Council to consider approval or other action of a resolution recognizing the importance of the Texas Air
National Guard's 147s' Fighter Wing to the Texas Gulf Coast Region and urging that it remain at Ellington
Field.
City Manager Debra Feazelle presented summary and recommendation and answered Council's questions.
Assistant City Attorney John Armstrong read: RESOLUTION 2004-05 — A RESOLUTION OFFICIALLY
RECOGNIZING THE REGIONAL IMPORTANCE OF THE TEXAS AIR NATIONAL GUARD 147TH
FIGHTER WING AND URGING STATE AND FEDERAL OFFICIALS TO. SUPPORT EFFORTS TO
RETAIN THE 147TH AT ELLINGTON FIELD; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Beasley to approve Resolution 2004-05 as presented by Debra
Feazelle. -Second by Councilmember Engelken. The motion carried.
Ayes: Griffiths, Engelken, Mosteit, Young, Ebow, Beasley, Warren, Meismer and Malone
Nays: None
Abstain: None
9. Council to review and approve the 180 -day Moratorium Resolution 2004-06.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Councilmember Warren noted for the record, he wants the revitalization of Main Street downtown to be a
partnership with the Main Street Association and property owners. Mr. Warren does not want the City
dictating.
Assistant City Attorney John Armstrong read: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR DEVELOPMENT
PERMITS FOR NEW CONSTRUCTION IN THE MAIN STREET DEVELOPMENT DISTRICT;
PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180)
DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH
DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE
EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Griffiths to approve Resolution 2004-06 with amendment adding
Blocks 181, 198 and 199 to Exhibit A as presented by Mr. Finan. Second by Councilmember Ebow. The
motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley, Meismer and Malone
Nays: Warren
Abstain: None
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City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 5
10. Council to consider approval or other action of an Ordinance calling General and possible Run-off Elections.
Assistant City Attorney Clark Askins presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2004-2701— AN ORDINANCE CALLING
THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, CALLING A RUN-OFF
ELECTION, IF NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES,
PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING ELECTION OFFICIALS,
PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY
VOTING ELECTION; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION;
PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR
CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Meismer to approve Ordinance 2004-2701 calling General and possible
Run -Off Elections. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley, Warren, Meismer and Malone
Nays: None
Abstain: None
11. Council to consider approval or other action regarding an ordinance for the implementation of an electronic
agenda and appointment of a Task Force Committee.
Assistant Secretary Sharon Harris and Computer Systems Administrator James Janoch presented summary
and recommendation and answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2004 - AN ORDINANCE AUTHORIZING
THE IMPLEMENTATION OF AN ELECTRONIC AGEND PROGRAM, AUTHORIZING A TASK
FORCE COMMITTEE; APPRORIATING THE SUM OF $37,667.20, FOR COMPUTER EQUIPMENT
AND SOFTWARE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 2004 as presented by Mrs. Harris and
Mr. Janoch. Second by Councilmember Mosteit. The motion failed.
Ayes: Griffiths, Ebow, Mayor and Mosteit
Nays: Engelken, Beasley, Warren, Young and Meismer
Abstain: None
12. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close the alley in
Block 1106, Town of La Porte.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2004-2703 — AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 1106, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Meismer to approve Ordinance 2004-2703 as presented by Mr. Finan.
Second by Councilmember Griffiths. The motion carried.
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City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 6
Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Beasley, Warren, Meismer and Malone
Nays: None
Abstain: None
13. Interim Planning Director Nick Finan reported that the Construction Code Ad Hoc Committee had completed
their review of the codes and possible Appeals Board. Mr. Finan introduced Chairman Mike Clausen who
presented the committees recommendation.
There was a meeting break at 7:30 p.m. The meeting reconvened at 7:48 p.m.
Chairman Clausen provided Staff and Council with a summary of the Committee's recommendation, as
outlined in the written report provided in the packet.
Ed Yung questioned that there was an 8-1 vote regarding the creation of a Board. Mr. Yung is concerned that
members assigned on the Board, as recommended by the majority, would have a conflict of self gain, or
financial interest. He also preferred a smaller 3-5 member board.
Staff needs to review, visit with legal, and return to Council to vote on in the future.
14. Interim Planning Director Nick Finan reported that the Construction Code Ad Hoc Committee had completed
their review of the codes and possible Appeals Board. Mr. Finan introduced Chairman Mike Clausen who
presented the committees recommendation..
Chairman Clausen reported the Committee recommends adopting the C3 Codes.
Mr. Yung spoke in favor of the ICC Codes, and not in favor of the C3 Codes.
Mr. Tom Campbell spoke in favor of the C3 Codes.
Councilmember Griffiths made a motion to table. There was no second to Mr. Griffiths' motion. It was the
consensus of Council that more time is needed to study and will direct staff when to return this item to
Council at a later date.
15. Parks & Recreation Director Stephen Ban gave direction regarding the Tree City, USA. It was the consensus
of Council to move forward with this item.
16. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle reminded Council and Staff of Commissioner Sylvia Garcia's Town Hall
Meeting on Tuesday, February 10, 2004, from 6:30 p.m. until 8:00 p.m. at the East Harris County Activity
Center; the Pat Summerall Production Broadcast on Thursday, February 12, 2004, between 5:00 p.m. -5:30
p.m. at the Fitness Center, the COLP Chili Cookoff on Friday, February 20, 2004, from 6:00 p.m. until 9:00
p.m.; and the Bay Area Transportation partnership on Tuesday, February 24, 2004, from 5:30 p.m. until 7:30
p.m. at Space Center Houston.
17. COUNCIL COMMENTS
Councilmembers Engelken, Griffiths, Beasley, Warren, Meismer Young and Mosteit had comments.
18. 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
City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 7
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
551.072 — (Land Acquisition) — Meet with City Manager and City Attorney to discuss land acquisition.
551.086 — (Economic Development) — Meet with City Manager and City Attorney to discuss economic
development.
551.074 — (Personnel Matter) City Manager Evaluation
Council retired to Executive Session at 9:53 p.m.
19. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There was no action taken during Executive Session.
20. There being no further business to come before Council, the Regular Meeting and Public Hearing Meeting
was duly adjourned at 10:57 p.m.
Respectfully submitted,
'--I& ��
M
City Secretary
Passed and approved on this 23rd day of February 2004.
N rman Malone, Mayor
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CITY OF LA PORTE
PARKS AND RECREATION DEPARTMENT
NEWS RELEASE
DATE SUBMITTED:
SUBMITTED BY:
CONTACT PERSON:
PHONE NUMBER:
DATES TO BE ADVERTISED:
SECTION:
February 9, 2004
James Eastep
James Eastep, Asst. Director of Parks & Recreation
(281) 470-7275
FROM:
TO:
Sun Spot
❑Editorial
❑ Page Advertisement -Size:
❑ Other
INFORMATION FOR RELEASE: Governor Perry has teamed up with Mayor Malone and the
City of La Porte as partners to launch The Texas Round -Up. This initiative is to encourage Texans
to incorporate daily physical activity and healthy choices into their lives. The incentive -based
program rewards Texans for taking a step to become more active. Become a champion of the
Texas Round -Up in your community. Join the movement at www. texasroundup. or and a Program
Log can be acquired at City Hall or the Recreation and Fitness Center.
ENCLOSURES:
❑ Photographs
❑ Artwork
❑ Entry Forms
X Brochure
PUBLICATIONS:
8 Bayshore Sun
❑ This Week (Chronicle)
❑ This Week -end (Chronicle)
THANK -YOU
If any questions or problems arise, please contact the person listed above.
( G)
6M"107
ULTRA
K
"If nothing is done to stop this epidemic of obesity,
children of this generation, on average, are unlikely
to live as long as their parents."
-Texas Obesity Task Force Report t.
Take the Challenge!
Fill out the commitment form today,
and get your city fit!
FOR MORE INFORMATION
E-mail: info Mexasroundup.org
Web site: www.texasroundup.org
Strategic Partners:
Fleishman Hillard, Go Club and
SWGEtM Advertising
Governor Perry has teamed up with a number of partners from
across the state to launch The Texas Round -Up, an initiative to
encourage Texans of all fitness levels to incorporate daily physical
activity and healthy choices into their lives.
According to the Texas Department
of Health, more than 61 percent of
Texas adults and 35 percent of
Texas school-age children are
overweight or obese. This
represents more than a 10 percent
increase in the past 10 years.
(Source:Texas Department of
Health)
According to the Center for
Disease Control, over 75% of
Texans don't participate in the
recommended amount of physical
activity each day.
The Texas Round -Up is a statewide effort that provides a simple,
low-cost, and goal -oriented approach to motivating the citizens of
this state to get active. This program, which launches January 2004,
is designed to get Texans moving at least 30 minutes a day five
days a week. The incentive -based program rewards Texans for
taking a step to become more active.
The Challenge
As part of the Texas Round Up, Governor Perry will be presenting
the Governor's Challenge. This statewide challenge is designed to
entice all Texans to get involved. The competition will be based on
participation (per capita) in the Round -Up program as well as the
Texas -sized 10K event, April 17, 2004. The city and/or region with
the highest participation rate in the Round -Up program will be
awarded the Governor's Cup and will be named "Fittest Region/City"
in the state.
A HEALTHIER BODY MEANS A HEALTHIER FUTURE.
THE TEXAS ROUND UP IS:
• An activity training program that provides suggestions and
recommendations for making fitness a part of a daily routine.
• A Texas -sized 10K and fitness festival event on April 17, 2004.
Participants in the Texas Round -Up are encouraged to come to
Austin, TX for this culminating day of physical activity and fun.
• A Fitness Celebration. Following the 10K and fitness festival, there
will be live music and a.street party on the Texas State Capitol
grounds until 10 PM.
WHY PARTICIPATE?
• Obesity and being overweight is costing Texas businesses and
communities $4.1 billions dollars in associated health-care costs.
(Texas Department of Health)
• Obesity and being overweight costs Texas $6.1 billion (wages and
value of household work) in lost productivity due to illness,
disability and pre -mature death. (Texas Department of Health)
• An overweight American spends $700 more a year on medical bills
and three times more than those who are not overweight. (TIME
magazine)
WHAT CAN YOU D07
Become a champion of the Texas Round Up in your community by
encouraging your neighbors and constituents to get involved. Show
A4. e rest of Texas that yours is
the "Fittest Region/City" in the
state. Take the Challenge!
LETS GET TEXAS MOVING!
FOR MORE INFORMATION
E-mail:
info ra�texasroundup.org
Web site:
,vww.texasroundup.org
www.runtex.com
THE PROGRAM
I.. Pick activities -that you enjoy
2. Participate. in"tlie activity< _ ' „
:(Adults: 6-min%day,: Kids: 60:min/day);
3: Log your activities 4
TIPS FOR STARTING
1. Start slow and gradually increase the intensity
2. Make sure to stretch before and after
being active
3. Drink plenty of water and eat right
REWARDS
1 Log on. to the Texas -Round=Up site
(www texasroundup.org) to counfyour activities
-into the statewide challenge.
2. Come celebrate with. the rest of Texas on
April 17, 2004 at the Celebration Day in
Austin,TX at the Texas State Capitol.
------------------------------------------- ---•
3.Turn in your completed program log to
Wendy's to receive your FREE choice of:
Sour Cream and Chive Baked Potato, Small -
Chili or 20 -oz. Soft Drink with purchase of
any Garden Sensations Entree Salad.
(Garden Sensations Salads include:
' Mandarin Chicken Salad, Chicken
BLT Salad,Taco Supreme Salads
Spring Mix Salad, Spinach Chicken e ;
Salad) Valid only at Participating
i Wendy's Restaurants in the State of
Texas. Please present coupon before
ordering. Limit one coupon per
order per visit Not valid with any v ;
other offer or discountTax extra. OLD res>IIoaen
Offer Valid 3/1/04 - 4/30/04 iB��g
.. Code:TXRUP '
iO 2003 rk LLC.The weidWy lame, devgn ad bgo ve reVuerea vaaonarks of ONewk LLC. ;
rd are ce towerWVs lnlemaeaullncr
JOIN THE MOVEMENT
www.texasroundup.org
Sac)
Governor Rick Perry
Challenges all Texans to
Get Physically Active
This program card brought to you by:
Other sponsors include:
JOIN THE MOVEMENT BY:
Starting the Texas Round -Up program.
I hereby pledge that 1 will become more active in
2004 by participating in the Texas Round -Up.
Signature Date
Participating in the April 171 Celebration and
I OK event at the State Capitol.
(The Celebration Day is free, but there is a $10
entry fee for the noncompetitive I OK.)
*All competitive participants please register on-line
at www.texasroundup.org
Please mail this form into the Texas Round -Up:
420W. Riverside Dr. Austin,TX 78704
Name:
❑ M ❑ F Date of Birth:
Daytime Phone:
Address:
City:
Email:
State: Zip:
For I OK Registrants Only:
T -Shirt Size Age on 4/17/04
1 OK fee $1 O payable to Texas Round -Up mail to:
WAIVER STATEMENT. Entry invalid if not signed. In consideration of
the acceptance of this registration, I the undersigned assume full and
complete responsibility for any injury I may incur or cause during my
participation in the event or while I am on the premises of the event I
hereby release, hold harmless, indemnify and covenant not to sue The
Texas Round -Up, the sponsors, promoters, volunteers and all other
persons and entities associated with the event/program or their agents
or employees. I will not enter and participate unless I am in good health
and proper physical condition to participate. I assume the risks associated
with this event, including but not limited to vehicular traffic on the
course, non -contact injuries, falls, contact with participants, alcohol
consumption, the effects of weather including high heat and/or humidity,
and the conditions of the road, all such risks being known and appreciat-
ed by me. I also give permission for the free use of my name and
picture in any broadcast, telecast written account or any other record of
this event. Fees are non-refundable. By my signature below, and my
parents/ guardian s if I am under age 18,1 acknowledge that I have read
the above waiver of liability and assumption of risk and that I agree to
its terms and conditions.
Signature: X Date:
Parent/Guardian Signature:X Date:
Fun Ideas for Activity:
I. Go for a walk during your lunch break.
2.Take the stairs instead of the elevator.
3. Park your car farther away than usual.
4.Walk the dog.
5. Stretch while watching television.
6.Take a friend with you to workout.
Es
D
PROGRAM LOG
WWW.TEXASROUNDUP.O
Note: Please consult a physician before starting any exercise program.
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 23.2004
Requested By: S. Gillett
Department: Public Works
Report: XX Resolution:, Ordinance:
Exhibits: Report From Equipment Services Superintendent
Exhibits:
Exhibits
Aauropriation
Source of Funds:
Motor Pool
Account Number:
Amount Budgeted:
Amount Requested:
$149,544
Budgeted Item:
NO
SUMMARY & RECOMMENDATION
The City operates a street sweeper purchased in 1995. The sweeper is used to remove debris
from streets before it can be flushed to the underground storm sewer system, as a component of
the upcoming storm water pollution prevention program that will be required by state and federal
regulation. Additionally, the sweeper cleans the streets, removing unsightly litter and debris.
Sweepers are notorious for mechanical and structural failure, due to the environment they work
in. Dirt and debris, combined with water, is a frequent cause of problems with operating this
piece of equipment. Recently, the debris holding tank and rear door assembly has completely
rusted through in numerous places, requiring complete replacement. The manufacturer has
estimated replacement cost of these parts at $35,300.
The replacement cost for the street sweeper is $149,544. Leasing was examined, and determined
to not be cost-effective. To date, the Motor Pool Replacement Fund has $111,737 allocated for
the replacement of this equipment. Two years remain of the estimated life to fund the remaining
$37,807. The City can repair the equipment for an estimated $35,300 for another two (2) years
of service, or fund the remaining replacement cost ($37,807) and procure a new street sweeper.
The additional funding needed is available from funds remaining from earlier replacement of
budgeted Public Works Department equipment.
Action Required by Council: Provide direction to Public Works Department regarding
repair/replacement of Street Sweeper.
Approved for City Council Agenda
SUL*O J��cLv&_'/ 1-/9-6
Debra Feazelle, City Manager U Date
CITY OF LA PORTE
January 14, 2004
To: Steve Gillett, Director of Public Works
From: Lee Allen, Equipment Services Superintendent
Subject: 1995 Elgin Street Sweeper
Replacement Cost $149,544.00
Funded to date $111,737.00
Remaining to fund $37,807.00
Cost estimate to build new hopper and door assembly $35,300.00
Five (5) year annual lease estimates:
Government Capital Corporation $33,625.11
$2,802.10 monthly
Federal Signal Corporation $34,049.74
$2,837.48 monthly
Texas Capital and Associates $34,069.18
$2,839.10 monthly
Current City of La Porte motor pool lease fee
$10,668.00
$889.00 monthly
Motor pool lease fees based on five (5) year useful life
$28,920.00
$2,410.00 monthly
Motor pool lease fees based on eight (8) years useful life
$18,072.00
$1,506.00 monthly
Motor pool lease fees based on ten (10) year useful life
$14,460.00
$1,205.00 monthly
Motor pool lease fees reflect $5000.00 salvage value.
•
1995 Elgin Street Sweeper Cost History: (cost data not reliable before 99).
Unit # Year
71-10 1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Sum of Labor Cost Sum of Parts Cost Total
5347 4572.69 9919.69
2163 3457.84 5620.84
3861.5 9681.02 13542.52
2847 3336.68 6183.68
7757.1 6429.87 14186.97
0 9.24 9.24
The City of Garland, Texas operates two (2) Timco sweepers. They have set the useful life at
five (5) years for the sweeper unit and ten (10) years on the cab and chassis.
The City of Grapevine, Texas operates one (1) Elgin and one (1) Timco sweeper. They have set
the useful life at eight (8) years.
•
0
0
0
•
F -IL
BACK UP PREVIOUSLY DELIVERED - THIS IS AN
UPDATE
0
•
C�
Back-up not required for this item
r1
0
•
Ll
MEETING HANDOUTS
raD-Z3-04
i
Date:
03:46pm From -IEC TX GULF ST 713-862-8552
_., ...
I E C
Independent Electrical
Contractors. Jnc.
Greater Houston Chapter
Facsimile Cover Sheet
T-110 P.001/002 F-480
FEB 2 3 2004
CITY AFF ET RY'8
February 23, 2004 Desduation Fax: (281) 471-7168
Transmitted number of pages(inc. cover) 2
Company: City of La Porte
Attention: Hon. Norman Malone
City Council Members
From: Christopher Bean- -
Subject: Building Codes..
Message: City Clerk,
Please distribute to other -
City Council Members.
Regards,
Chris Bean
If you do not receive the correct number of pages, or if the transmission is illegible, please contact
our office at (713) 861976.
601 N. Shepherd, Suite 330 • Houston, TX 77007 • Phone -(713)-869-1976 • Fax (713) 862-9552
Feb -23-04 03:46pm From -IEC TX GULF fT
February 23, 2004
Honorable Norman L. Malone
La Porte City Council
P.O. Box 1115
La Porte, Texas 77572
T13 -A62 -A552
IEC •
'Independent Electrical
Contractors, lnc.
Texas Gulf Coast Chapter
Re: La Porte Code of Ordinances,
-C3 Series.of.Codes are.not a mnion-only issue.
Dear Mayor and City Council:
T-110 P-002/002 F-490
YI4-. ASIMILIE (281) 4 71- 7168
The Independent Electrical Contractors Texas Gulf Coast (IEC) is a nonprofit trade
association-representing.the.open:shop-electrical construction industry.. Our contractor members
provide construction, installation, service and repair work for residential, commercial and industrial
customers throughout -the Vate, - IEC -has over 1.64..electrical .contractor -members in the Houston
metro area. Our members employ thousands of trained and licensed tradesmen that are involved in
projects ranging from -the construction-ofthe-George:R.-Drown-expansion-project, to wiring the
offices and homes being built and remodeled throughout the City.
At this time, the IEC does not support the -passing'of -any -ordinance or legislation, which
adopts an International Code Council Code as, a standard for. our industry; whether residential or
commercial. The International Code Council (ICC) is a group mane up primarily of building
officials and not technical- experts. Theseadministrators and editors should not be making technical
safety decisions for the public. The building industry has followed consensus codes such as the
National Fire. P.rotecdon.Amociation-(NFPA) National Electrical -Code (NEC) for over. 100 years.
Consensus codes are developed by technical. professionals and tradesmen in each industry and
follow -.a- strict -process-foy-Adoption -and review. The .ICC .codes .are- not consensus codes and are
unproven, untested, and potentially unsafe.
The NEC-works-because-ft-is:a-.00nnnsus-code;.taking-feedback and insight from thousands
of licensed and crafted electricians and industry professionals. The ICC is not a consensus code and
does not rely on input from tradesmen, instead -placing -the -important -decision of which components
of the codes to adopt with the builders and owners. It will increase costs for state and local building
departments, inspectors, and apprenticeship training programs across the state. Perhaps most
alarming is that al1'ICC code decisions..would.be..made by an exclusive panel outside of the state of
Texas.
"Therefore,--the-IEC-stands•strong- with- other trade groups, -both union and non-union, in their
belief that there are better solutions. available than adopting the International Code Council series at
this time and urge you to consider -the NFPA C3 series of codes.
Sincerely,
Christopher Bean
Director of Government Affairs
601 N. Shepherd, Suite 330 - Houston, Texas 77007 - Phone (713) 869-1976 - Fax (713) 862-9552
•
3 C(enleftintm
-Energy
N
February 13, 2004
The Honorable Norman Malone
City of LaPorte
P.O. Box 1115
LaPorte, TX 77571
Dear Mayor Malone,
•
CenterPoint Energy
P.O. Box 210
Baytown, TX 77522-0210
281 425 7352
On behalf of CenterPoint Energy, I wish to extend to you our
congratulations on your recent honor of being named as one of the Champions
of Industry "Best Managed Small Cities" by Pat Summerall Productions.
I value the working relationship that CenterPoint Energy has had with the
City of LaPorte in the past, and feel honored to be associated with such a fine
group of citizens and city management. If at any time you need the assistance
of CenterPoint Energy, please do not hesitate to call upon me..I can be reached
at 281.425.7300.
DEB/klv
Copy: Debra Feazelle
Sincerely yours,
David E. Baker
Service Area Manager
Council Notes, drainage ditches- 2-23-04
On August 25 of last year I showed .,this council pictures, like these that were taken 6
days ago. As a refresher, this picture is.the Blackwell's nice shallow ditches and the illegal
culvert the City allowed them to install. -The culvert is illegal on 3 counts, it's too small
diameter, it's 100 ft. length; and. Blackwell installed it himself, on City property. And the
-City knew about all these .law violations.
Now compare that to these pictures. This is the 4-5 ft. deep .gully the City dug in front of
our property. Now this gully is on. the same street, under the same drainage scenario as
the Blackwell's nice shallow ditches with the illegal culvert. This gully stands in water a lot
of the year because the city came back and dug this gully even deeper than it already
was, while they did NOT clean out the City culvert and ditch that was the at.the root of the
problem. In fact they dug our ditch so deep that it was below the level of the city culvert it
drains into, so the water stands, as you see here.
This gully exists because the City not only took care of the Blackwells to the Northof us;
They also took care of the.Blackwells to the South of us, by making..the entrance to their
feed lot a drainage. high .point,.even though our property is the physical middle of the
drainage, is a higher elevation than Blackwell's and is the logical high point.
A few .months after I brought this injustice to City Council, the City responded by digging
the ditch in front of our property even wider, so that even more water stands in.the ditch.
Seems tome the City wanted. to prove it can arrogantly and repeatedly abuse a citizen
and get away with it. I: invite you to drive down North Lomax School Rd.,. Council and let
the. cold hard facts of this injustice and violation of law stare you right in the face: The City
can't hide this one. And by the way, Council, the City ordinances against standing water,
that the.City tried to pursue against us with a vengeance, after the Blackwell's illegally
dammed us in and flooded our property; those same ordinances apply the City. So not
only has the City allowed the Blackwells to violate the law, the City is violating the law
itself with this gully full of standing water, and that makes the City a fifthy hypocrite as well
as corrupt, doesn't it Council? And I'll remind you council, that each of you signed a sworn
oath.to uphold the law. So when are you going to start upholding the law, Council? It's
been 6 months since I exposed ;this injustice and law violation to you ... And that's a 26 46
question for each of you. [ Council, this blunt presentation is the direct result of 2 % years
of me providing the hard facts of this injustice to the City, and the City increasing the
injustice instead of correcting it..
The obvious 2646 questions are:. ,
1. Why did the City help Bobby Blackwell violate the law?
2. Why did the City dig the ditch wider in front of our property last.fall, when they knew it
was too wide and too deep?
Council, after the City's latest round ofabuses, and deceptions on this issue, justice
demands that I get the same deal the City cut the Blackwells. I think that's fair, don't you
Council..
Thank you for your time and consideration. Bill Scott
•
8-25-03 Council Notes. -Ditches 6qp:�, \ - P6 2 ��
I'll speak on the agenda item concerning ditches. I'll show 4 pictures to prove my
points.
The first picture is the ditch in front of our property on Lomax School Rd. That
ditch is 4 to 5 ft. deep. I told the city the drainage had become very slow because
the culvert under Lomax School Rd. was about' plugged with silt. Their
response was to leave the culvert plugged, and dig the ditches in front of our
property even deeper so that they are now below the level of the plugged culvert
and this 450 ft. long gully stands in water, as you see here. After I complained,
they came back, and filled in a small portion of this gully. They claimed they left
the culvert plugged because the county ditch it runs into is also silted in. The
obvious response to that claim is that they should be working with the county to
unplug the ditch, not using it as an excuse to leave the culvert plugged.
While we have to live with this eyesore of a gully in front of our property; the
Blackwells, under exactly same drainage conditions on the same street, had nice
shallow ditches they could mow and that do not hold water. Bobby Blackwell's
new house had no ditch at all because he was allowed by the City to install an
illegal culvert across his property. To add further injury and insult to this injustice;
even though our new home site is the dead middle of the drainage plan on our
end of the street and should be the high point; the gully in front of our property
exists because the City made the entrance to the Blackwell's feed lot a high point
in the drainage so the Blackwell feed lot could have a shallow ditch. Now to add
further injury and insult to this injustice, The Blackwells also installed about 250
ft. of culvert on L street so they have no ditches there. This culvert limits the flow
of water to the point that it backs up into our property during heavy rains, and I
have a video that proves that point.
City Council, how would you like to live behind this eyesore gully while your
neighbors have no ditch at all because of their illegal culvert, that was put in with
the City's approval. And how would you like to be constantly abused by the City's
good old boy system.
And speaking of illegal actions and Injustice; I have a 2646 question for all the
council members that represent me. What have you and the City done.about the
Blackwell's illegal fill dirt and their illegal draining onto my property, that I proved
to you with pictures two council meetings ago?
When is it going to sink in, Council, My Family and I will no longer tolerate
being abused by this City's good ole' boy government.
And that leads to the obvious 2646 question I have for you personally, Mr.
Malone. When will the City start enforcing the laws on your buddies the
Blackwells and Sidney Grant, the way they enforce them with a vengeance on
us?
Thanks you for your time and consideration. Bill Scott
�
� 1
_
- -_ �:. � � •'rid:. t: � �. t
� � D
The Impact of School Finance
Reform on Texas Cities
School Finance and Texas Cities
Questions we will address:
➢ Can school finance reform harm cities?
➢Can school finance reform occur without harming cities?
➢ Are cities and school in Texas interconnected? .
Dist�ribut�i�on of Property T
�s-c C�o�6�90�
Where Do Texas Cities Get Their Money?
➢Sales Taxes
➢Property Taxes
➢Franchises
➢Permits and Fees
➢Court Fines
➢Interest Earnings
➢Transfers from Other Funds
➢Other Sources
The Bottom Line
State could put Municipal Revenue at risk Sales Taxes
➢Revenue to fund state programs
➢Erode Statutory authority for cities to increase revenue
Property Taxes
Current situation:
Independence of "home rule" appreciated
No restrictive laws and unfunded mandates
No State Aid —Cities provide and fund services
Citizens hold City Council accountable —not Texas
Legislature
Our concern:
➢Tradition of local
threatened
➢Efforts to repair State
impact cites
autonomy and accountability is
Funding for schools will adversely
Examples:
➢Sales Taxes
➢Property Taxes
➢Limitation of City Taxes
➢Truth in Taxation Law
➢"Double Jeopardy"
Major Concern:
� Do not create
a funding crisis for cities while addressing
school funding issues
➢New Reasons for Concern
➢Possibility of special session in April
➢Enactment of Taxpayer Bill of Rights (TABOR)
Features of TABOR
any tax rate hike, new tax or policy change requires voter
approval,
property tax revenues cannot increase beyond the rate of
inflation, and
➢all multi-year obligations (bonds, contracts, etc.) require
voter approval
Realities
➢ All Texas cities combined (approximately 1100)
Collect 15.3% of property taxes —School districts collect.,
60.1
➢ Between 1985 and 2002,
City share of property taxes fell from 20.3% to 15.3%
➢ Between 1985 and 2002
City property taxes increased 37% - Population
increased 33%
What I want from you (City Officials)
➢ To encourage you to visit with House members about
these issues
➢ To become better informed — attend the March 12'
seminar in Austin