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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' �. ,,� ��� �� �� ���