HomeMy WebLinkAbout2004-06-14 Regular Meeting and Workshop MeetingMINUTEOF REGULAR MEETING AND PUBLLOHEARING
OF THE LA PORTE CITY COUNCIL
June 14, 2004
1. CALL TO ORDER
The meeting was called to order by Mayor Pro Tern Barry Beasley at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Charlie Young, Tommy
Moser, Mike Mosteit and Mayor Pro Tern Barry Beasley
Members of Council Absent: Councilmember Peter Griffiths
Members of City Executive Staff and, City Employees Present: City Manager Debra Feazelle, Assistant City
Manager John Joems, Assistant City Attorney Clark Askins, Assistant City Secretary Sharon Harris, City
Secretary Martha Gillett, Public Works Director Steve Gillett, Judge Denise Mitrano, Assistant Fire Chief
John Dunham, Assistant Finance Director Michael Dolby, Main Street Coordinator Debra Dye, Interim
Planning Director Nick Finan, Purchasing Manager Susan Kelley, Police Chief Richard Reff and EMS Chief
Ray Nolen .
Others Present: Sue Gale Mock Kooken, Sib Carpenter, Bruce Meismer, Alton Porter, Colleen Hicks, Louis
Rigby, Kay Snider, Dean Snider, Barbara Norwine, Steve Valerius, Carlos Martinez, Charlie Doug Boyle,
Reverend David Morgan, Kevin Irvin, Spero Pomonis, Roy Myers, Evelyn Kennedy, Frank Hoot, Vera Hoot,
Ellery LaCombe, Nora LaCombe, Mike Clausen, Randall Jones, Robin Snider, Aimee Bird, Melvin Walker,
Trent Wise, Darlene Guidry, Barry Kahn and a number of other citizens and students
2. Reverend David Morgan of First Baptist Church delivered the invocation.
3. Mayor Pro Tern Beasley led the. Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
A. Mayor Pro Tern Beasley presented Evelyn Kennedy with an "Evelyn Kennedy Day" Proclamation in
honor of her outstanding accomplishments and recognizing her 90`h birthday.
B. Mayor Pro Tern Beasley presented the Finance Department with the Distinguished Budget Presentation
Award for Fiscal Year beginning October 1, 2003.
5. CONSENT AGENDA
A. Council to consider approval of the. Regular Meeting and Workshop Meeting Minutes held on May 24,
2004.
B.. Council to consider awarding a bid to Police Uniforms and Body Armor in -the amount not to exceed
$53,110.
C. Council to consider approval of an ordinance authorizing the City Manager to enter into an agreement with
GSL Investments, Inc. to extend the terms of its current Water Service Agreement through December 31,
2007.
D. Council to consider approval of an ordinance authorizing the City Manager to enter into an agreement
with TCP/GSL Industrial Partners to extend the terms of its current Water Service Agreement through
December 31, 2007.
Motion was made by Councilmember Engelken to approve the Consent Agenda as presented.
Second by Councilmember Mosteit. Motion carried.
City Council Regular Meeting and Pic Hearing — June 14, 2004 - Page 2 •
Ayes: Engelken, Beasley, Moser, Mosteit, Young, and Ebow
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Citizens wishing to speak are requested to wait until the item was addressed during the meeting.
No citizens wished to speak at this time.
21. Mayor Pro Tern Beasley asked Council to pull Item Number 21 out of order, if there are no objections,
hearing none, Mayor Pro Tern and Council moved to Item Number 21.
Council to consider approval of the Collections Service Agreement to perform collections for the Municipal
Court outstanding fees, fines and warrants.
Municipal Court Coordinator Aimee Bird presented summary and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2748 — AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE AMERICAN
MUNICIPAL SERVICES CORPORATION, TO PERFORM COLLECTION ACTIVITIES FOR THE CITY
OF LA PORTE MUNICIPAL COURT; 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 Engelken to approve Ordinance 2004-2748 as presented by Ms. Bird.
Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
7. Open Public Hearing — Mayor Pro Tem Beasley opened the Public Hearing at 6:25 p.m.
Interim Finance Director Nick Finan gave an overview of an ordinance to rezone 2.0 acres of land located in
the 2100 block of South Broadway from R-1 to NC, as requested by the applicant, F. Carrington Weems.
The Planning and Zoning Commission recommended denial with a unanimous 6 to 0 vote. To overturn
recommendation, it would require a % vote or 7 of 9 members. Since only 6 members were present, if Council
wanted to overturn the recommendation, the item would need to be tabled until at least 7 members could be
present.
Interim Planning Director Nick Finan provided review and answered Council's questions.
Public Input:
Dean Snider of 202 Bay Colony Drive, La Porte, Texas 77571 informed City Council he supports the decision
of the Planning and Zoning Commission and would like to see City Council turn this item down.
Public Hearing was closed at 6:30 p.m.
8. Council to consider and take action on an ordinance to rezone 2.0 acres of land located in the 2100 block of
South Broadway from R-1 to NC as requested by the applicant, F. Carrington Weems.
City Council Regular Meeting and Pic Hearing — June 14, 2004 - Page 3
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
The Planning and Zoning Commission recommended denial. To overturn recommendation, it would
require a 3/a vote or 7 of 9 members.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-000 — AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE
ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD
COMMERCIAL REQUESTED BY MR. F. CARRINGTON WEEMS, OWNER OF LOTS 2 THRU 31 OF
BLOCK 1254 LOCATED ALONG SOUTH BROADWAY, ADJOINING THE BAY FOREST GOLF
COURSE HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to accept the recommendation of the Planning and Zoning
Commission as to deny request as presented by Mr. Finan. Second by Councilmember Young. Motion
carried. Ordinance failed.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
9. Open Public Hearing — Mayor Pro Tem Beasley opened the Public Hearing at 6:31 p.m.
Interim Planning Director provided a summary for approval by the Planning and Zoning Commission for
Special Conditional Use Permit #SCU04-006 and answered Council's questions.
Public Input:
Owners Price Blalock of 2122 Toddville, Seabrook, Texas and Randy Jones of 4314 Cedar Ridge Trail, Clear
Lake City, Texas explained the drawing of the first phase of the development, complete the second phase of
the additional property at a future time. The owners clarified where Phase 2 would be located.
Public Hearing was closed at 6:40 p.m.
10. Council to consider and take action on recommendation for approval by the Planning and Zoning Commission
for Special Conditional Use Permit #SCU04-006.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-PPP - 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: 5.98 ACRES IN THE 1200 BLOCK OF SOUTH 13TH STREET, BEING LOTS 132,
BLOCK 1136, 1137, ALLEYS IN THESE BLOCKS, AND PORTION OF SOUTH 14TH STREET ROW
BETWEEN BLOCKS 1136 & 1137, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FOR THE
PURPOSE OF DEVELOPING A MINI -STORAGE AND OFFICE WAREHOUSING IN A GENERAL
COMMERCIAL (GC) 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 Regular Meeting and Pic Hearing — June 14, 2004 - Page 4 •
Motion was made by Councilmember Moser to accept the recommendation of the Planning and Zoning
Commission as presented by Mr. Finan. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow and Beasley
Nays: Young
Abstain: None
11. Open Public Hearing — Mayor Pro Tern Beasley opened the Public Hearing at 6:42 p.m.
Interim Planning Director Nick Finan provided a summary on recommendation for approval by the Planning
and Zoning Commission for allowing off site parking for a restaurant located at 2219 Underwood Road and
answered Council's questions.
Public Input:
Melvin Walker of 2219 Underwood Road, La Porte, Texas 77571 provided Council with an overview of the
project and answered Council's questions.
Public Hearing was closed at 6:50 p.m.
12. Council to consider and take action on recommendation for approval by the Planning and Zoning Commission
. for allowing off -site parking for a restaurant located at 2219 Underwood Road.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
The Planning and Zoning Commission recommended approval.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-QQQ - 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: 0.22 ACRE IN THE 2200 BLOCK OF UNDERWOOD ROAD, BEING PART OF
OUTLOT 490, LA PORTE OUTLOTS,.NICHOLAS CLOPPER JR. SURVEY, LA PORTE, HARRIS
COUNTY, TEXAS, FOR THE PURPOSE OF ALLOWING OFF -SITE PARKING FOR.RESTAURANT IN
A GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young to table the item until the next meeting. Second by
Councilmember Moser.
Upon Council discussing this item Mr. Young amended his motion to consider passage with the agreement
that Assistant Cily Attorney Clark Asking will review the leases as soon as possible.. Second by
Councilmember Moser. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
13. Open Public Hearing — Mayor Pro Tern Beasley opened the Public Hearing at 7:08 p.m.
Interim Planning Director Nick Finan presented summary and recommendation for approval with conditions
by the Planning and Zoning Commission for #SCU04-007 and answered Council's questions.
City Council Regular Meeting and lisic Hearing — June 14, 2004 - Page 5 •
Interim Planning Director outlined the Council's options to approve the #SCU04-007 with additional and/or
less conditions than recommended by the Planning and Zoning Commission to approve #SCU04-007, or
disapprove the #SCU04-007, which only requires the simple majority.
Public Input:
Barry Kahn of 5325 Katy Freeway, Suite 1, Houston, Texas 77007 stated this project has always been to do a
tax credit development, not a conventional multi -family. Problems have risen with Harris County. Mr. Kahn
apologized for not communicating better with the City of La Porte, all he and his partner have been trying to
do is to accommodate the City. Mr. Kahn commented on the five item letter.
Darlene Guidry of 9917 Neuens Road, Houston, Texas 77080 explained the background check process for
possible tenants.
Dean Snider of 202 Bay Colony Drive, La Porte, Texas 77571 opposes the project as a citizen and on behalf of
the Old Highway 146 Committee. Mr. Snider does not believe it is consistent with the golf course community.
Steve Valerius of 140 Hazel, La Porte, Texas 77571 strongly opposes the project as a citizen and on behalf of
the Old Highway 146 Committee. Mr. Valerius recommends referring back to Planning & Zoning.
Alton Porter of 10442 Catlett, La Porte, Texas 77571 is the Chairman of TIRZ and stated that this project is
not desirable in a TIRZ zone. Mr. Porter does not recommend approval of this project.
Spero Pomonis of 218 Bay Colony Circle, La Porte, Texas 77571 opposes the project.
Bruce Meismer of 10824 Spruce Drive, La Porte, Texas 77571 opposes the project.
Public Hearing was closed at 8:33 p.m.
14. Mayor Pro Tern Beasley requested a motion to recess. Second by Councilmember Engelken. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
Meeting reconvened at 8:45 p.m. There was no discussion or action taken during recess.
Interim Planning Director Nick Finan presented summary and recommendation for approval with conditions
by the Planning and Zoning Commission for #SCU04-007 and answered Council's questions.
Council to consider and take action to approve the #SCU04-007 with conditions, approve the #SCU04-007-
with additional and/or less conditions than recommended by Planning and Zoning Commission or, disapprove
the #SCU04-007, which only requires the simple majority.
Motion was made by Councilmember Engelken to return this item to the Planning and Zoning Commission,
with the additional five items provided June 11.2004, to re-evaluate the recommendation of the Planning and
Zoning Commission as presented by Mr. Finan. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
15. Open Public Hearing — Mayor Pro Tern Beasley opened the Public Hearing at 9:11 p.m.
City Council Regular Meeting and Pic Hearing — June 14, 2004 - Page 6 •
Interim Planning Director Nick Finan provided a summary for recommendation of approval and answered
Council's questions by the Planning and Zoning Commission for renaming Canada Road to East Boulevard
and answered Council's questions.
Public Input:
Sue Gale Mock Kooken of I' Street of La Porte, Texas 77571 is concerned with the name change due to ties
with history and family.
Ellery LaCombe of 3229 Canada, LaPorte, Texas 77571 questioned why the City wants to change the name of
the street, and asked Council not to approve name change.
The Planning and Zoning Commission's recommended approval of the Canada Road being changed to East
Boulevard.
Public Hearing was closed at 9:28 p.m.
16. Council to consider and take action on recommendation for approval by the Planning and Zoning Commission
for renaming Canada Road to East Boulevard.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2746 - AN ORDINANCE RENAMING
CANADA ROAD TO EAST BOULEVARD; CONNECTING WITH EAST BOULEVARD IN DEER
PARK; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPENS MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to table this item until legal staff provides answers on
questions regarding the City being able to assist with any associated costs to the citizen residing on Canada
Road. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Young and Beasley
Nays: None
Abstain: None
17. Council to consider approval or other action regarding an exception from a Resolution to allow filing and
issuance of a building permit for remodeling an existing building at 115 West Main Street located within the
Main Street District.
Interim Planning Director Nick Finan provided summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2004-06-A - 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.
Councilmember Ebow made the motion to approve an exception from a Resolution to allow filing and
issuance of building permit for remodeling an existing building at 115 West Main Street located within the
Main Street District as presented by Mr. Finan. Second by Councilmember Engelken. Motion carried.
City Council Regular Meeting and pis
ic.Hearing —June 14, 2004 - Page 7 •
Ayes: Moser, Young, Beasley, Mosteit, Engelken and Ebow
Nays: None
Abstain: None
18. Council to consider taking action on Resolution 2004-06-A to extend the moratorium on new construction in
the Main Street area up to 180 additional days.
Interim Planning Director Nick Finan gave presentation and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2004-06-A - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CITY OF LAPORTE, 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.
Councilmember Moser motioned to table Resolution 2004-06-A for one month as presented by Mr. Finan.
Second by Councilmember Mosteit. Motion carried.
Ayes: Moser, Young, Beasley, Mosteit, Engelken and Ebow
Nays: None
Abstain: None
19. Council to consider approval regarding authorizing participation in the Texas Main Street Program and
designating the City Manager to coordinate all program activities.
Main Street Coordinator Debra Dye gave the presentation and recommendation and answered Council's
questions.
Assistant City Attorney Clarke Askins read: A RESOLUTION AUTHORIZING PARTICIPATION IN THE
TEXAS MAIN STREET PROGRAM AND DESIGNATING THE CITY MANAGER TO COORDINATE
ALL PROGRAM ACTIVITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFICTIVE DATE HEREOF.
Councilmember Engelken made the motion to approve Resolution 2004-12 as presented by Ms. Dye. Second
by Councilmember Mosteit. Motion carried.
Ayes: Moser, Young, Beasley, Mosteit, Engelken and Ebow
Nays: None
Abstain: None
20. Council to consider approval or other action authorizing the City to enter into an Industrial District Agreement
and an ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service
Agreement with Aztron Chemical Services.
Interim Planning Director Nick Finan gave the presentation and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2000-IDA-70 — AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH AZTRON CHEMICAL SERVICES, INC.; FOR THE TERM COMMENCING
JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND
City Council Regular Meeting and Pic Hearing — June 14, 2004 - Page 8 •
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Ebow made the motion to approve 2000-IDA-70 as presented by Mr. Finan.
Second by Councilmember Engelken. Motion carried.
Ayes: Moser, Young, Beasley, Mosteit, Engelken and Ebow
Nays: None
Abstain: None
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2747 - AN ORDINANCE AUTHORIZING
THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH
AZTRON CHEMICAL SERVICES, INC.; FOR THE TERM COMMENCING JANUARY 2001, AND
ENDING DECEMBER 31, 2007, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Engelken made the motion to approve Ordinance 2004-2747 as presented by Mr. Finan.
Second by Councilmember Ebow. Motion carried.
Ayes: Moser, Young, Beasley, Mosteit, Engelken and Ebow
Nays: None
Abstain: None
21. (Presented previously in the meeting)
22. ADMINISTRATIVE REPORTS
Chamber Annual Hamburger Cookout on Thursday, June 17, 2004, at Sylvan Beach Pavilion, at 6:30 p.m.;
Juneteenth Parade on Saturday, June 19, 2004, at North 8`h Street and Main Street at 10:00 a.m.; Run -Off
District 5 Early Voting ending on June 15, 2004; Election Day, Saturday, June 19, 2004; Early Voting for
Mayor and District 6 Special Election will be held at City Hall Council Chambers beginning Wednesday, July
7, 2004, and ending on Tuesday, July 20, 2004, 8:00 a.m.-5:00.p.m.; and on Saturday, July 10, 2004, at City
Hall Council Chambers from 8:00 a.m. to 5:00 p.m.; and Election Day is Saturday, July 24, 2004, from 7:00
a.m.-7:00 p.m.
23. COUNCIL COMMENTS
Councilmembers Engelken, Beasley, Ebow, Moser, Young and Mosteit had comments.
24. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION
WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFR 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)
551.071— (PENDING LITIGATION) -MEET WITH CITY ATTORNEY AND CITY MANAGER TO
DISCUSS PENDING LITIGATION.
Council retired to Executive Session and the Regular Meeting reconvened at 10:38 p.m. There
was no action taken during Executive Session. -
City Council Regular Meeting and Pic Hearing —June 14, 2004 -Page 9 •
25. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION
26. There being no further business to. come before Council, the Regular Meeting was duly adjourned at 10:39
p.m.
Respectfully submitted,
Martha Gillett, TRMC
City Secretary
PASSED AND APPROVED, this 28th day of June, 2004.
CITY OF LA PORTE
By:
OATH OF OFFICE
I, 1 nil A R_ &Lahti , do solemnly swear (or affum), that
I will faithfully execute the duties of the office of CouncitmembeA
p i- t4,zt 5 , of the City of LaPorte,
State of Texas, and will to the best of my ability preserve, protect
and defend the constitution and laws of the United States and of this
State and the Charter and ordinances of this City; and I furthermore
solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my
appointment or the confirmation thereof. So help me God.
Sworn to and subscribed before me this the 9 g th day of
June 2004
NotaryPublic in and for the
State of Texas
�ttuntuuuutt�u++»++nmiuunntn nuttt!
��"`"'`� MARTHA GILLETTE
W *�, NOTARY PUBLIC
(� J STATE OF TEXAS
W N a .+ Comm. Exp. 08-22-2005 =
iitttitttttttQtttttttttttttttittttttttttt�tttl III I IN
17-2580 PRE -OATH Statement of Elected/Appointed fficer (8/01) Hart InterCivic
t�,f'�;¢s �`PLY3EASETYPE ORiPRINTrLEGIBLY ��' � g,, � ��
E 'p;PR01/1DE,ALL',REQUESTED INFORMATIONS
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, §1(b), amended 2001)
, 10fiJ t R_ RJQhV , do solemnly
swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay,
contributed, or promised to contribute any money or thing of value, or promised any
public office or employment for the giving or withholding of a vote at the election at
which I was elected or as a reward to secure my appointment- or confirmation,
whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND
THAT THE FACTS STATED THEREIN ARE TRUE.
June 28, 2004
Date
C'nukzo i'mOmhPA D At,hJ +t Si
Position to Which Elected/Appointed
Form No.2201
City and/or County
r 0
FILING INSTRUCTIONS
GENERAL INFORMATION:
Effective November 2001, members of the Legislature, the Secretary of State, and all other
elected and appointed state officers shall file this signed statement with the Secretary of State
before taking the Oath of Office.
All other officers shall retain the signed statement with the official records of the office.
The original Statement of Officer is considered filed once it has been received by this office
(see below for FAX filing instructions). Should you wish to have a record for your files, it is suggested
that you include a self-addressed, stamped envelope (SASE) and a copy of your document. We will
file -stamp the copy and return it to you. Our addresses are:
Office of the Secretary of State
Statutory Documents Section
P.O. Box 12887, Capitol Station
Austin, Texas 78711
FAX FILING:
Overnight mail address:
1019 Brazos Street
Austin, Texas 78701
Facsimile (FAX) filing of Statements of Officer is allowed pursuant to 1 TAC §§ 73.43 and
73.44. FAXed forms must contain the same information requested on the Secretary of State
promulgated form and only properly executed legible documents will be accepted.
The proper telephone number for Statement of Officer FAX filing is (512) 463-0873, Please
DO NOT use any of the other Secretary of State FAX numbers for this filing. This FAX number
remains on after business hours and on weekends; however, pursuant to 1 TAC § 71.4, documents
received after business hours, on weekends or on holidays, will be deemed to be received by this
office on the next business day.
We do not FAX confirmation of the filing. Should you wish a file -stamped copy of your FAXed
document, send us a self-addressed, stamped envelope (SASE), a copy of your document, and a
note indicating the document was FAXed. We will file -stamp the copy with the date the FAX was
received and return it to you.
'* Please direct any questions regarding the Statement of Officer filing to the Statutory
Documents Section at (512) 463-0872.
Form No. 2203
0 0
INSTRUCTIONS
EXECUTION OF THE OATH OF OFFICE
Pursuant to Tex. Const. art. XVI, § 1 (c) (amended 2001), the Oath of Office may not be
taken until a signed statement (Statement of Elected/Appointed Officer or Pre -Oath Statement)
has been filed with the Secretary of State, if required. The Statement is considered filed once it
has been received by this office.
Gubernatorial appointees who are appointed during a legislative session may not
execute their Oath until after confirmation by the Senate. Tex. Const. art. IV, § 12.
ADMINISTRATION OF THE OATH OF OFFICE
The Oath of Office may be administered by anyone authorized under the provisions of
Tex. Gov't Code Ann. § 602.002 or § 602.006. Commonly used officials include notaries public
and judges.
The seal of the person administering the Oath should be visible. If the person is a notary
public, Tex. Gov't Code Ann. § 406.013, requires that the seal be affixed in a way "that legibly
reproduces the required elements of the seal under photographic methods".
FILING OF THE OATH OF OFFICE
After their Statement of Officer has been properly filed:
* Gubernatorial appointees, district judges, and district attorneys should file their Oaths
of Office with the Secretary of State. 5
* Directors of districts operating pursuant -to Tex. Water Code Ann., Chapter 36 or 49,
shall file with the Secretary of State a duplicate I original of their Oath of Office within 10 days of
its execution.
All other persons should file their Oathsllocally. Please check with the county clerk, city
secretary or board/commission secretary for the proper filing location.
Officers who are required to file their Oath of Office with the Secretary of State should
mail them to the Statutory Documents Section, P.O. Box 12887, Austin, Texas 78711-2887.
*'* PLEASE DIRECT ANY QUESTIONS REGARDING THE OATH OF OFFICE
TO THE STATUTORY DOCUMENTS SECTION AT (512) 463-5705. *
Form #2205
C
0
0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 28 200
Requested By: S. Gillett 129V� —*
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Letter from BFI w/ Proposed Rate Schedule
Exhibits: Consumer Price Index
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
On October 9, 2000, the City of La Porte approved a contract with BFI Waste Systems, Inc. to
provide containerized commercial solid waste collection within the City. Per the terms of the
contract, BFI is entitled to an annual rate increase, based on the .April Consumer Price Index
(CPI), with a maximum annual increase not to exceed five percent (5%). Attached is a letter
from BFI requesting a (2.3%) increase. The CPI increase from April 2003 to April 2004 was
2.3%. The last rate increase (2.61%) was approved in July 2003.
The proposed increase will result in adjusted rates, as shown on the attached rate sheet, and will
go into effect on November 1, 2004. It should be noted that the Contractor bills commercial
customers directly. The City is paid 4% of gross revenues by the contractor.
Action Required by Council: Approve proposed rate increase of 2.3% for collection of
containerized commercial solid waste by BFI Waste Systems, Inc.
Approved for City Council Agenda
& -.2 �
e ra Feazelle, City Mana r Date
June 7, 2004 .
Mr. Steve Gillett
Public Works Director
City of La Porte
Dear Mr. Gillett:
As in any business, BFI must address increases in salaries, employee benefits,
fuel and materials. Therefore BFI would like to request a price increase on
collection and disposal of commercial solid waste per our contract, Section
13.03. Our request is based on the Consume Price Index for all Urban
Consumers (CPI-U) U. S. City Average for the month April 2004. The index is
currently at 2.3%. 1 am enclosing a copy of the index as verification.
The 2.3% price adjustment would be on the base price of the.current monthly
charges for commercial customers I am enclosing a new commercial matrix
pricing reflecting the increase.
Should our request be granted, the price increase would become effective on
November 1, 2004.
If you have any issues or concerns regarding this request, please do not hesitate
to call. BFI thanks you for the opportunity to continue to service commercial
customers of La Porte.
Sincerely,
BFI WASTE SERVICES OF TEXAS, L.P.
Patty Welborn
Public Sector Acct. Mgr.
BFI Waste Services of Texas -:53'01 Brookglen Dr. - P.O. Box 87786 - Houston, Texas 77287-7786
..Phone 713-948-7600 Fax 713-910-5190
auuuiwun %-unsumer rnce maexes Page 1 of 2
U.S. Department
of Labor
Bureau of Labor
Statistics
Southwest BLS Information Office in Dallas
WWW.bls.QOV a Search A-Z Index
BLS Home ( Programs & Surveys I Get Detailed Statistics Glossary What's New Find It! In DOL
RELATED LINKS
Southwest Consumer Price Indexes
Some of the items shown below contain links to the Bureau's historical database.
If you wish to return 'to this page after viewing the data, simply use the "BACK"
button on your Internet browser.
Consumer Price Indexes - U.S. City Average and Southwest metropolitan areas
(1982-1984=100)
Mar. 2004
Apr. 2004
Area
(Links provide access
(Links
provide
Percent
change
(Links
provide
Percent
change
to latest news releases)
historical
Mar. 2003-
historical
Apr. 2003-
tables)
Mar.2004
tables)
Apr.2004
All Urban Consumers (CPI-U), not seasonally adjusted
U.S.City Average 187.4 1.7 188.0 ]E::�2.3
Dallas -Fort Worth, TX =1177.7 0.5
Houston-Galveston-
Brazoria, TX
--
169.7
4.4
Urban Wage Earners and Clerical Workers (CPI-W), not seasonally adjusted
U.S. City Average 182.9 1.4 183.5 2.1
Dallas -Fort Worth, TX 177.E 0.6 -- --
Houston-Galveston-Brazoria,TX
JL__166.8 3.7
Last updated: May 14, 2004
On September 28, 2000, the BLS released revised Consumer Price Indexes for
January through August 2000. The All Items Indexes for the U.S. City Average as
well as most metropolitan areas were affected. The tables below contain revised
ht.tp://www.bls.gov/ro6/sw cpi.htm 6/1/2004
CITY OF LA PORTE
COMMERCIAL RATES
11-01-04-10-31-05
SIZE
WEEKLY SERVICE
BASE RATE
40/6 FRANCHISE
CUSTOMER RATE
1
$19.12
$0.76
$19.88
2 YD
2
$36.82
$1.47
$38.29
Extra Pick Up
3
$52.36
$2.09
$54.45
$19.36
4
$67.89
$2.71
$70.60
5
$84.82
$3.39
$88.21
6
$101.76
$4.07
$105.83
1
$28.63
$1.15
$29.78
3 YD
2
$55.18
$2.21
$57.39
Extra Pick Up
- 3
$78.46
$3.14
$81.60
$23.67
4
$101.76
$4.07
$105.83
5
$127.18
$5.09
$132.27
6
$152.60
$6.10
$158.70
1
$38.13
$1.53,
$39.66
4 YD
2
$73.45
$2.94
$76.39
Extra Pick Up
3
$104.58
$4.18
$108.76
$26.90
4
$135.65
$5.43
$141.08
5
$169.54
$6.78
$176.32
6
$203.43
$8.14
$211.57
1
$57.17
$2.28
$59.45
6 YD
2
$110.24
$4.41
$114.65
Extra Pick Up
3
$156.83
$6.27
$163.10
$32.28
4
$203.43
$8.14
$211.57
5
$254.26
$10.17
$264.43
6
$305.09
$12.20
$317.29
1
$76.15
$3.05
"$79.20
8 YD
2
$146.89
$5.88
$152.77
Extra Pick Up
3
$209.07
$8.36
$217.43
$38.21
4
$271.20
$10.85
$282.05
5
$338.98
$13.56
$352.54
6
$406.73
$16.27
$423.00
SPECIAL
Labor/Transp/Equip
$ 11.73 cy
COLLECTION
Disposal Fees:
$ 5.90 c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: J we 28.2004
r
Requested By:
Department: Pubine Works
Report: XX Resolution: Ordinance:
Exhibits: Memorandum
Exhibits:
Exhibits
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
Discussion of proposal to exchange maintenance responsibilities for streets with Harris County
Precinct 2. Assumption of the maintenance of streets and drainage by the City following the
annexation of former Bayshore Municipal Utility District was not done due to the Precinct's
desire to retain these streets on the road log for funding purposes. The proposal is to exchange
maintenance of these streets with the city for city -maintained streets that more logically follow
the typical Harris County -maintained street.
Action Required by Council: Provide staff direction regarding the proposal to exchange maintenance
responsibilities for various streets within the city with Harris County Precinct 2.
Approved for City Council Aeenda
_k&_0 "� W,L."/ & , j -0
Debra Feazelle, GO Makh4er T Date
�C
To: Debra Feazelle, City Manager
From: Steve Gillett,. Director of Public Works
CC: John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
Date: 5/25/2004
Re: Hams County Road Log
Several years ago, discussions were begun with Harris County Precinct 2 regarding the Harris
County Road Log. Specifically, roads currently maintained by the County in the Former Bayshore
Municipal Utility District (BayMUD) were discussed. When annexed by the City of La Porte, these
roads, which normally would have been turned over to the City, were retained on the County
Road Log.
The City frequently is requested to provide maintenance and repairs on the pavement and
drainage systems for this area. Generally, minor problems are handled by the City, with major
problems referred to Precinct 2. Roads in BayMUD are generally short, narrow and of open -ditch
design. This is in contrast to the typical County road, which is usually a long, straight collector or
arterial.
Recent discussions with Precinct 2 have resulted in a proposed "swap" of road miles, with the
former BayMUD area transferring to La Porte, and a list of roads in the northwest and western
portions of the City transferring to the County Road Log. Attached is the proposed list of roads to
be "swapped". The proposed roads to transfer to the County include North P, form Underwood to
Sens Road; North H, from Underwood to Sens Road; Lomax School Road, from North H to North
P; Driftwood, from Fairmont to Spencer; Farrington Blvd, from Fairmont to Spencer; and the
proposed Canada Road, from Fairmont to Spencer.
I believe the City can benefit from the proposed "swap". The maintenance of roads and drainage
in the BayMUD area are well within the City's maintenance capabilities. The roads proposed for
transfer to the County are, in most cases, in need of major overlay or reconstruction, which would
tax city's abilities, as well as funding.
I recommend that the City of La Porte move forward with the proposed transfer. If you have any
questions, please advise.
0 Page 1
H.C. Maintained Roads in the City of LaPorte
Fondren from Weatherford Ave. to 1267' S of Weatherford Ave..24
Hamilton from Fondren to Bay Oaks Dr..18
Tarpon Lane from Bay Colony Dr. to 512' S of Bay Colony Dr. .10
Barracuda Lane from Bay Colony Dr. to 512' S. of Bay Colony Dr. .10
Sailfish Lane from Bay Colony Dr. to 512' S. of Bay Colony Dr. .10
Dolphin Lane from Bay Colony Dr. to 512' S. of Bay Colony Dr. .10
Bonita Lane from Bay Colony Dr. to 512' S. of Bay Colony Dr. .10
Marlin Lane from Bay Colony Dr. to 512' S. of Bay Colony Dr. .10
Bay Colony Dr. from Todville Rd. to 2982' W-SW to end of S/D ..55
Bay Colony Circle from Bay Colony Dr. to 500' W of Bay Colony Dr. .10
North Trail from Old Hwy 146 to 300' E. of Park St..53
South Trail from Old Hwy 146 to 120' E. of Park St..49
Pine Trail from North Trail to South Trail .06
Oak Trail from North Trail to South Trail -.06
Park Trail from North Trail to South Trail .06
Bay Oaks Dr. from SH 146 to Bayshore .49
Dwire Dr. from Bay Oaks Dr. to Bayshore .26
Dwire Dr. from SH 146 to Bay Oaks Dr..22
Shady River Rd. from SH 146 to 664' W. of Bridge .13
Green Leaf Lane from Shady River Rd. to Cul-De-Sac .08
Bayside Dr. from Seabrook Loop to .36 Mile East .36
Falk Court from Bayside Dr. to 275' North .05
Layne Ave. from 573' N. of Bayside Dr. to 577' S. of Bayside Dr. .22
Layne Court from Falk Ave. to 216' N. of Falk Ave..04
Bonner Ave. from 605' N. of Bayside Dr. to Bayside Dr. .11
Bonner Ave. from Bayside Dr. to 605' S. of Bayside Dr. .11
Davis Ave. from 605' N. of Bayside Dr. to 600' S. of Bayside Dr..24
Carlisle Street from 595'-. N. of Bayside Dr. to 611' S. of Bayside Dr. .23
Weatherford Ave. from 61 l' S. of Bayside Dr. to Fondren Ave. .16
Bayshore from Dwire Dr. to 50' S/E of Bay. Oaks Dr..09
Bay Colony Dr. (Sunrise) from Todville to 2982' W-SW to end of S/D .55
Hackberry Ave. from Bayou Dr. to W. to Cul-De-Sac .30
Bayou Dr. from Oak Leaf Lane to Hackberry Ave. .28
Lazy Pine Lane from Hackberry Ave. Oak Leaf Ave. .29
Hollow Tree Ave. from Lazy Pine Lane to 150' W. of Oak Leaf Ave. .23
Silver Springs Dr. from Lazy Pine Lane to Hollow Tree Ave. .18
Silver Springs Dr. from Hackberry Ave. to 125' North .03
Oak Leaf Ave. from Hackberry Ave. to Bayou Dr..41
Longleaf Ave. from Oak Leaf Ave. to 140' West .03
City of LaPorte Roads
North P from Underwood -to Sens 2.53
North H from Underwood to Sens 2.53
Driftwood from Fairmont to Spencer .90
Lomax School Road from North P to North H
Farrington Blvd. from Fairmont to Spencer
Canada from Fairmont to Spencer ??
Harris County Road Log
Non-BayMUD Streets
Bay Area Blvd. - All
Sens Road (26`h Street) — Spencer to SH 225
Spencer Highway — All
East Main — Broadway to Morgan's Point City limits
Barbour's Cut — S. 16th to SH 146
Barbour's Cut — SH 146 to Morgan's Point City Limits
Park Street — San Jacinto to Morgan's Point City Limits
San Jacinto — Main to Fairmont Parkway
Bayshore Drive — Fairmont Parkway to Garfield
Broadway — Main to RR
S. 80'— Main to Fairmont Parkway
McCabe Road — SH 146 to S. Broadway
McCabe Road — SH 146 to Powell Road
Powel Road — McCabe Road to Fairmont Parkway
South 16th — Fairmont Parkway to Spencer
North 16th - Spencer to Barbour's Cut
North 16`h — Barbour's Cut to North H St.
North L. — Underwood to Sens (26 h St)
North L — Sens (26`h St) to RR
Underwood Road — All
11
•
0
•
Back-up not required for this item.
r�
0
e'
�.
,,� ���
��
��
���