HomeMy WebLinkAbout2004-08-23 Regular Meeting, Public Hearing, and Workshop Meeting$ � lit3'
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Statement by Guy Sutherland before the La Porte City Council August 23, 2004
I commend the Council for the time and effort it spent trying to hold the line on expenses
while maintaining our quality of life but some things need to be said about budgeting.
The primary concerns of any city government are police, fire, water, and sewer. Parks and
Recreation, Senior Citizen, and Emergency Medical Services programs are normally
secondary but La Porte has given them priority to meet our quality of life goal.
You have struggled with the budget and done your best but I think there are more projects
needed than you can currently finance. They should be prioritized and acted upon without
lack of funding used as the excuse for delay or to raise taxes. Your list should include a
new police station, Fairmont Park overpass, extension of Bay Area Boulevard, revamp of
Sens Road which supports major drainage enhancements, another EMS unit, rebuilding
Canada Street, & two new fire stations, all major expenditures.
You will note that I did not list development of the TIRZ area or funding of any part of a
hotel or conference center. These are not proper expenditures of tax money and private
developers should pay the full expense except for the normal city services listed above.
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I have considered where to get money from if not higher taxes. I note- That the proposed
tax rate is $0.716 which is marginally higher than the old 0.71 rate and I fear this is
indicative of things to come. I think we need to convert some unused assets to cash
and aggressively solicit businesses which would generate sales tax before considering a
tax increase.
I suggest we sell the old Entex building which is idle. The land on Sens Road can be sold
since a superior location for Fire House #3 exists on land already owned by the city. The
choice of the site on Spencer to build the new police station was excellent and frees up
the old proposed site which should bring a good price since it is on Fairmont Parkway.
Other plusses are that the two existing police buildings now used can be sold and all these
sales will increase the yearly city income by putting property back on the tax rolls.
I already expressed my opinion on the Hotel and Conference center. The $550,000 we
paid for the Klein property should add substantially to our working fund after the property
is transferred to a private developer. Total income from all of these sales would be over
$1 million which should be enough to prevent a property tax increase for awhile and
avoid personnel staffing problems. Added sales tax is impossible to predict and there may
be some new bonds in our future but only after we have exhausted other revenue sources.
I suggest you set the tax rate for 2004-5 at $0.71/100 and aggressively pursue sale of our
unneeded assets and attract new businesses to generate sales tax. Keep your attention on
current needs and not on a dream of what might happen someday but would benefit very
few of our residents.
MINUTE& REGULAR MEETING AND PUBL&EARINGS
OF THE LA PORTE CITY COUNCIL
August 23, 2004
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Tommy Moser, Mike
Mosteit, Louis Rigby, Barry Beasley, Peter Griffiths, Mike Clausen and Mayor Alton Porter
Peter Griffiths arrived at 6:50 p.m.
Members of Council Absent: None.
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City
Manager John Joems, Assistant City Manager Cynthia Alexander, Assistant City Attorney Clark Askins, City
Secretary Martha Gillett, Public Works Director Steve Gillett, Assistant Finance Director Michael Dolby,
Interim Planning Director Wayne Sabo, Police Chief Richard Reff, Human Resources Manager Sherri
Sampson, Emergency Management Coordinator Jeff Suggs, Fire Marshal Laurie Christensen, Building
Official Debbie Wilmore, Fire Chief Mike Boaze, Special Services Superintendent Karen Beerman, Golf Pro
Alex Osmond, Street Maintenance Supervisor Rodney Cox, Criminal Investigation Specialist Kendra
Williams, Parks and Recreation Director Stephen Barr, Assistant Fire Chief John Dunham and EMS Chief Ray
Nolen
Others Present: Sue Gale Mock Kooken, Eddie Thomas, David Wright, Paula Rizzuto, Ed Baker, Sib
Carpenter, Rich Keeton, Walter Barnes, Katrine Wright, Lilibeth Garza, Leslie Cardenas, Denise Warren,
Matthew McQueeney, Frank R. Fullbright, Kenny Martin, Elizabeth Hibon, Bill Scott, Cindy Gates, Ashley
Kelly, Katie Howse, Robby Angell, Skip Lanz, Ryan Vest, Brian Larkey, Dave Turnquist, Rusty Shepherd,
John A. Mata, Beverly Carmen, Matthew Novosad, Ann Hayes, Scott Pullig, Sydelle Najer, Ruphina Simon,
Amanda Stark, Daniel Walters, Costance Gordon, Richard Athution, Carlos Valdivia, Ashley Gospero, John
Krueger, Jan Krueger, Crystal Moya, Jeremy Shaffer, Claudia G. Cox, James Phillips and a number of other
citizens and students
2. Reverend Michael Bingham of Abundant Life Church delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. Mayor Porter presented Assistant City Attorney Clark Askins with a Certificate of Appreciation for his five
years of devoted and invaluable service.
5. CONSENT AGENDA
A. • Council to consider approval of Special Called Meeting Minutes held on August 2, 2004 and Budget
Workshop Meetings held on August.9 through August 18, 2004.
B. Council to consider approval or other Diction regarding an ordinance authorizing the City Manager to
execute a contract with Dr. Oscar Boultinghouse, M.D., Medical Director for the City of La Porte EMS
Division.
Motion was made by Councilmember.Engelken to approve the Consent Agenda Items A. B. and C as
presented, and to discuss Item D. Second by Councilmember Beasley.
Motion was made by Councilmember Beasley to amend motion to approve Consent Agenda Items A and
B as presented. Second by Councilmember Engelken. Motion carried.
Ayes: Engelken, Beasley, Moser, Mosteit, Rigby, Clausen, Porter and Ebow
Nays: None
City Council Regular Meeting and jokshop Meeting — August 23, 2004 - Page 2
Abstain: None
C. Council to consider approval of an ordinance authorizing the City Manager to execute Change Order No. 2
in the amount of $33,053.00.
Public Works Director Steve Gillett presented summary and recommendation and answered Council's
questions. Mr. Gillett answered Councilmembers Moser's and Mosteit's*questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2761 — AN ORDINANCE APPROVING
AND AUTHORIZING CHANGE ORDER NO.2 BETWEEN THE CITY OF LA PORTE AND CRAIG,
SHEFFIELD & AUSTIN, INC., FOR THE LITTLE CEDAR BAYOU WASTEWATER TREATMENT
PLANT SOLIDS HANDLING IMPROVEMENT PROJECT; APPROPRIATING THE SUM NOT TO
EXCEED $33,053.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Beasley to approve Consent Agenda Item C as presented by Mr.
Gillett. Second by Councilmember Engelken. Motion carried.
Ayes: Engelken, Beasley, Moser, Mosteit, Rigby, Clausen, Porter and Ebow
Nays: None
Abstain: None
D. Council to consider adopting an ordinance approving current Fiscal Year 2003-2004 revised budget.
Motion was made by Barry Beasley to approve the revised budget as presented. A second by
Councilmember Engelken. The motion carried unanimously.
Ayes: Engelken, Beasley, Moser, Mosteit, Rigby, Clausen, Porter and Ebow
Nays: None
Abstain: None
E. Council to consider amending the current City of La Porte Employee Medical Fund Plan Document
Eligibility Criteria, effective September 01, 2004.
Motion was made by Councilmember Engelken to approve Consent Agenda Item E as presented.
Second by Councilmember Beasley. Motion carried.
Ayes: Engelken, Beasley, Moser, Mosteit, Rigby, Clausen, Porter 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 — (LIMITED TO
FIVE MINUTES)
Dave Wright of 610 South Iowa, La Porte, Texas 77571 is in favor of Agenda Item #24, #3 (618 South Iowa)
being demolished due to it being a hazard in many ways.
Stan Sherwood of 1600 Roscoe, La Porte, Texas 77571 is against Agenda Item #24, #4 (102 South Lobit)
being demolished.
Skip Lanz of Norvel Cone 222 Fairmont Parkway, Pasadena, Texas 77504 is against Agenda Item #7 and
would prefer it being tabled for a later date.
7. Council to consider approving a takings resolution for approximately 2.9724 acres of land to be used to
construct channel F101-06-01 for drainage purposes.
City Council Regular Meeting and V hop Meeting — August 23, 2004 - Page 3 •
Assistant City Manager John Joerns presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2004-13 — A RESOLUTION AUTHORIZING
THE ACQUISITION OF TRACTS OF LAND FOR DRAINAGE AND FLOOD CONTROL PURPOSES IN
THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Rigby to table Resolution 2004-13 until the City receives a ruling from
Legal as to whether or not the deeds have been properly recorded. Second by Councilmember Mosteit.
Motion carried.
Ayes: Engelken, Beasley, Moser, Mosteit, Rigby, Clausen, Porter and Ebow
Nays: None
Abstain: None
8. Open Public Hearing — Mayor Porter opened the Public Hearing at 6:30 p.m.
Review by Staff— Assistant City Manager Cynthia Alexander provided an overview of adopting an ordinance
for approval of the Fiscal Year 2004-05 Budget.
Councilmember Griffiths arrived at 6:50 p.m.
Public Input — Guy Sutherland of 10200 North L Street, La Porte, Texas 77571 provided Council with a letter
regarding the City's budget.
Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571 voiced his concerns regarding the City's
budget. Also, Mr. Scott asked about Boards and Commissions, the City Contract for legal services and
questioned if he wrote a letter would you read it to the public. Mr. Scott distributed a diskette.
Recommendation of Staff— To approve the budget as presented.
Councilmember Rigby recommended no changes in upgrades for secretaries.
Public Hearing was closed at 7:00 p.m.
9. Council to consider adopting an ordinance approving Fiscal Year 2004-05 Budget as presented by Ms.
Alexander.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2762 — AN ORDINANCE APPROVING
AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF
OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW/ AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Beasley to approve Ordinance 2004-2762 as presented by Ms.
Alexander. Second by Councilmember Ebow. Motion carried.
Ayes: - Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
10. Council to consider approval or other action regarding a resolution adopting the 2004 Appraisal Roll.
City Council Regular Meeting and Whop Meeting — August 23, 2004 - Page 4 •
Assistant Manager Cynthia Alexander presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2004-14 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2004 APPRAISAL ROLL OF THE
HARRIS COUNTY APPRAISAL DISTRICT.
Motion was made by Councilmember Rigby to approve Resolution 2004-14 as presented by Ms. Alexander.
Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
11. Council to consider approval or other action regarding an ordinance establishing the tax rate for Fiscal Year
2004-05 at 71 cents per hundred dollar valuation.
Assistant Manager Cynthia Alexander presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2763 — AN ORDINANCE LEVYING
TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE
CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND
IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL
REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Beasley to approve Ordinance 2004-2763 as presented by Ms.
Alexander. Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
12. Council to consider approval or other action regarding ordinances amending certain fees and charges on
Emergency Services and Parks and Recreation Pool fees.
Assistant Manager Cynthia Alexander presented summary and recommendation and answered Council's
questions.
Mayor Alton E. Porter read: ORDINANCE 98-2273-A — AN ORDINANCE AMENDING "APPENDIX A,
FEES", CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 98-2273-A as presented by Ms.
Alexander. Second by Councilmember Rigby. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
13. Open Public Hearing — Mayor Porter opened the Public Hearing at 7:51 p.m.
Review by Staff — Chief Richard Reff provided an overview of the Juvenile Curfew Ordinance.
City Council Regular Meeting and V
hop Meeting — August 23, 2004 - Page 5.
Public Input — There were no citizens wishing to speak.
Recommendation of Staff — Staff recommends continuous of the Juvenile Curfew Ordinance.
Councilmember Griffiths questioned juvenile citations and drugs.
Public Hearing was closed at 7:53 p.m.
14. Council to consider the pros and cons during the Public Hearing concerning the Juvenile Curfew Ordinance
and determine what action, if any, needs to be taken.
Motion was made by Mike Clausen to continue the Juvenile Curfew Ordinance. Second by Peter Griffiths.
The motion carried unanimously.
Ayes: Porter, Griffiths, Beasley, Mosteit, Engelken, Ebow, Moser, Rigby and Clausen.
Nays: None
Abstain: None
15. Open Public Hearing — Mayor Porter opened the Public Hearing at 7:55 p.m.
Review by Staff— Interim Planning Director Wayne Sabo provided an overview of discussing a SCUP for
developing mini -storage /warehousing in a general commercial (GC) Zone.
Public Input - There were no citizens wishing to speak.
Recommendation of Staff— The Planning and Zoning Commission recommends unanimous approval of the
Rezone Request #R 04-007.
Public Hearing was closed at 8:03 p.m.
16. Council to consider taking action on recommendation for approval of the Planning and Zoning Commission
for 4.00 acres of land located at 2619 Underwood Road. The applicants, Lloyd and Linda Duncan, seek SCUP
for developing a mini-storage/warehousing in a General Commercial zone as presented by Mr. Sabo
Mayor Alton E. Porter read: ORDINANCE 1501-VVV — 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 AND MEDIUM DENSITY RESIDENTIAL
TO HIGH DENSITY RESIDENTIAL AS REQUESTED BY THE METHODIST RETIREMENT
COMMUNITIES, INC., ON BEHALF OF THE HAPPY HARBOR METHODIST HOME LOCATED AT
1106 BAYSHORE DRIVE 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 Beasley to approve Ordinance 1501-VVV as presented by Mr. Sabo.
Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
17. Open Public Hearing — Mayor Porter opened the Public Hearing at 8:05 p.m.
Review by Staff— Interim Planning Director Wayne Sabo provided an overview of applicants seeking SCUP
for developing a mini-storage/warehousing in a General Commercial zone. Developer Rich Keaton answered
Council's questions.
City Council Regular Meeting and shop Meeting — August 23, 2004 - Page 6 •
Public Input - There were no citizens wishing to speak.
Recommendation of Staff - The Planning and Zoning Commission recommends approval of the SCUP, subject
to 14 conditions.
Public Hearing was closed at 8:25 p.m.
18. Council to consider taking action on an ordinance for 7.8 acres of land located in the Bayshore Park
Subdivision to rezone the property from R-1 and R-2 to R-3 for proposed senior apartment complex of the
Happy Harbor Methodist Home, Inc. as presented by Mr. Sabo.
Mayor Alton E. Porter read: ORDINANCE 1501-WWW — 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: 4.00 ACRES LOCATED SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE
PURPOSE OF (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 Clausen to approve Ordinance 1501-WWW as presented by Mr. Sabo.
Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
19. Open Public Hearing — Mayor. Porter opened the Public Hearing at 8:27 p.m.
Review by Staff— Interim Planning Director Wayne Sabo provided an overview of recommendation for denial
by the Planning and Zoning Commission for the "Bayforest Ranch".
Public Input - There were no citizens wishing to speak.
Recommendation of Staff— The Planning and Zoning Commission recommends Council to deny the
"Bayforest Ranch" to be located at the northeast corner of McCabe Road and SH 146.
Public Hearing was closed at 8:32 p.m.
20. Council to consider taking action on recommendation for denial by P&Z for "the Bayforest Ranch" to be
located at the northeast corner of McCabe Road and SH 146. The applicant seeks SCUP for multi -family
development in PUD zone.
Mayor Alton E. Porter read: ORDINANCE 1501-XXX — 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 #SCU04-007 (AMENDING #SCU03-002) FOR THAT CERTAIN PARCEL
OF LAND DESCRIBED AS FOLLOWS, TO -WIT: + 150 ACRES (ALONG SH 146 FROM NORTHEAST
CORNER OF MCCABE ROAD TO SOUTH OF BAYPOINT TOWNHOMES, AND WEST OF BAY
FOREST GOLF COURSE) IN THE W.P. HARRIS SURVEY, ABSTRACT-30, LA PORTE, HARRIS
COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING MULTI -FAMILY RESIDENTIAL
DEVELOPMENT (100 FREESTANDING INDIVIDUAL UNITS) AT THE NORTHEAST CORNER OF
MCCABE ROAD IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
City Council Regular Meeting and Whop Meeting — August 23, 2004 - Page 7 •
Motion was made by Councilmember Beasley to reject Ordinance 1501-XXX as presented by Mr. Sabo.
Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
21. Open Public Hearing — Mayor Porter opened the Public Hearing at 8:34 p.m.
Review by Staff— Interim Planning Director Wayne Sabo provided an overview of recommendation for
approval by Planning and Zoning for the proposed Lakes at Fairmont Greens.
Public Input — Judy Sweat of 1407 Cypress Cove, La Porte, Texas 77571 wanted to confirm this would not be
a through street.
Bill Sweat of 1407 Cypress Cove, La Porte, Texas 77571 would like to avoid heavy traffic in the
neighborhood.
Recommendation of Staff— Planning and Zoning Commission recommends the Lakes at Fairmont Greens be
located south of the Baypoint Townhomes between SH 146 and the Bay Forest Golf Course, with approval of
certain conditions.
Public Hearing was closed at 8:47 p.m.
22. Council to consider approval for the proposed Lakes at Fairmont Greens to be located south of the Baypoint
Townhouses between SH 146 and the Bay Forest Golf Course as presented by Mr. Sabo.
Mayor Alton E. Porter read: ORDINANCE 1501-YYY — 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 APPROVING A GENERAL PLAN AND
GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND
DESCRIBED AS FOLLOWS, TO -WIT: 135+ ACRES (ALONG SH 146 SOUTH OF THE BAYPOINT
TOWNHOMES) IN THE W.P. HARRIS SURVEY, ABSTRACT-30, LA PORTE, HARRIS COUNTY,
TEXAS FOR THE PURPOSE OF DEVELOPING SINGLE FAMILY UNITS 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.
Motion was made by Councilmember Griffiths to approve Ordinance 1501-YYY as presented by Mr. Sabo.
Second by Councilmember Ebow. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
23. Open Public Hearing — Mayor Porter opened the Public Hearing at 8:50 p.m.
Review by Staff— Building Official Debbie Wilmore provided an overview of condemning substandard
structures.
Public Input - Dave Wright of 610 South Iowa, La Porte, Texas 77571 is for Agenda Item #24, #3 (618 South
Iowa) being demolished due to it being a hazard in many ways.
Sue Gale Mock Kooken of 410 South V Street voiced her concerns of the demolitions.
Stan Sherwood of 1600 Roscoe, LaPorte, Texas 77571 requested a 90 day extension for 102 South Lobit.
City Council Regular Meeting and V hop Meeting — August 23, 2004 - Page 8 0
Will Robertson of 3104 Old Highway 146 requested a 90 day extension regarding the condemned structures.
Elizabeth Hibon of 12527 Cypress North Houston, Cypress, Texas 77429 spoke against adopting the 2004
Appraisal of Harris County Appraisal District. The Attorney General needs to be aware of the acquisition of
tracts of land.
10901 North L Street is requesting an extension until the end of the year.
Recommendation of Staff - Council is asked to consider condemning and ordering the demolition of ten (10)
substandard structures.
Public Hearing was closed at 10:07 p.m.
24. Council to consider passing ordinances condemning each of the ten (10) substandard structures as presented by
Ms. Wilmore.
Building Official presented summary and recommendation and answered Council's questions.
Mayor Alton E. Porter read: ORDINANCE 2004-2764, 2004-2765, 2004-2766, 2004-2767, 2004-2768, 2004-
2769, 2004-2770, 2004-2771, 2004-2772, and 2004-2773 — AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED ON ABSTRACT 30, TR 9C & 91); ADDITION W.P.HARRIS, HARRIS
COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED;
FINDING THAT FERN M. BELCHER IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE
CITY SECRETARY TO FORWARD A COPY OF THIS BUILDINGS BY THE CITY OF LA PORTE IF
NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEEETIGS LAW.
Motion was made by Councilmember Beasley to approve passing Ordinances 2004-2764 through 2004-2773
as follows:. Second by Councilmember Griffiths. Motion carried.
Item 1 — 3104 South Highway 146 — Ordinance 2004-2764
Item 2 - 405 Bayshore Drive —.Ordinance 2004-2765
Item 3 — 618 South Iowa — Ordinance 2004-2766
Item 4 — 618 South Lobit — Ordinance 2004-2767 (tabled — 90 day extension)
Item 5 - 222 North 5 h Street — Ordinance 2004-2768
Item 6 — 703 West Tyler — Ordinance 2004-2769
Item 7 - 413 South 4s' — Ordinance 2004-2770
Item 8 — 501 South 4`h — Ordinance 2004-2771 (tabled — 30 day extension)
Item 9 —1406 Broug — Ordinance 2004-2772
Item 10 — 10910 North L — Ordinance 2004-2773 (tabled — 30 day extension)
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
25. Council to consider approval of an ordinance authorizing and approving the purchase of Lots 21-24, Block 89,
town of La Porte, to complete the acquisition of land for the Northside Park Annex.
Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's
questions.
Mayor Alton E. Porter read: ORDINANCE 2004-2774 — AN ORDINANCE AUTHORIZING AND
APPROVING THE PURCHASE OF LOTS 21-24, BLOCK 10, TOWN OF LA PORTE TO COMPLETE
THE ACQUISITION OF LAND FOR THE NORTHSIDE PARK ANNEX; MAKING VARIOUS FINDINGS
City Council Regular Meeting and shop Meeting — August 23, 2004 - Page 9
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 2004-2774 as presented by Mr. Barr.
Second by Councilmember Ebow. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen and Porter
Peter Griffiths not present at table for vote.
Nays: None
Abstain: None
26. Council to consider approval of an ordinance to vacate, abandon, and close the portion of the West "C" Street
right-of-way between Blocks 4 & 21, Town of La Porte.
Interim Planning Director Wayne Sabo presented summary and recommendation and answered Council's
questions.
Mayor Alton E. Porter read: ORDINANCE 2004-2775 — AN ORDINANCE VACATING, ABANDONING
AND CLOSING A PORTION. OF THE WEST "C" STREET RIGHT-OF-WAY, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT FOR FUTURE WATER FACILITIES;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Second by Councilmember Griffiths. Motion carried.
Ayes: Beasley, Mosteit, Engelken, Ebow, Moser, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: None
27. This item was postponed until the next meeting. Council to receive 90-day Progress Report from
Emergency Services Coordinator by Emergency Management Jeff Suggs.
28. Administrative Reports
City Manager Debra Feazelle reminded City Council and Staff that City Hall will be closed on Monday,
September 6, 2004 for Labor Day; City Health Fair will be held on Friday, September 17, 2004; Bay Day will
be held on Saturday, September 18, 2004 and the Alliance Banquet will be held on Tuesday, September 28,
2004.
29. Council Comments
Clausen, Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit and Porter had comments.
30. 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 and Potential Litigation) — Meet with City Manager and City Attorney to discuss pending
litigation. ;
City Council Regular Meeting and Whop Meeting — August 23, 2004 - Page 1
Council Retired to Executive Session at 10:35 p.m.
31. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
Council returned to the table at 11:10.
There was no action taken during Executive Session.
There was not action taken on item discussed in Executive Session.
32. There being no further business to come before Council, the Regular Meeting was duly adjourned at 11:10
p.m.
Respectfully submitted,
�a Al
Martha Gillett, TRMC
City Secretary
Passed and approved on this 13`h day of September 2004
Mayor Alton E. Porter
To strengthen
and prwnote
cities as centers
of opportunity,
leadership, and
governance.
August 16, 2004
a"
National League
of Cities MEMORANDUM
TO: City Clerks of Direct Member Cities
1301 Pennsylvania Ave., N.W.
Washington, DC 20004-1763 FROM: Donald J. Borut, Executive Direct
202-626-3000
Fax: 202-626-3043 SUBJECT: Congress of Cities Voting and Alternate Voting Delegates
www.nlc.org
20MWicers The National League of Cities' Annual Business Meeting will be held on
President Saturday, December 4, 2004, at the Congress of Cities in Indianapolis, Indiana.
Charles Lyons As a direct member city, your elected officials are entitled to vote at the Annual
Selectman,
Arlington, Massachusetts Business Meeting. Based on the population of the city, each member city casts
First vice President between one to twenty votes. The number of .votes each city is allowed can be
Anthony A. Williams Mayor, found on the table on the reverse side of this memorandum.
Washington, DC
SecoodVice President To be eligible to cast a city's vote(s), each voting delegate and alternate must be
James C. Hunt
Council Member, officially designated by the city using the attached credentials form. This form
Clarksburg, West Virginia will be forwarded to NLC's Credentials Committee. NLC Bylaws expressly
Immediate Past President prohibit voting by proxy. The voting delegate must pick up his/her voting
John DeStefano, Jr.
Mayor, credentials BEFORE the Annual Business Meeting and must be present at the
New Haven, Connecticut Annual Business Meeting to cast the city's vote(s).
Executive Director
Donald J. Borut
Your city's elected officials should be made aware of this request so that
decisions can be made on who will be the voting delegate and alternate at the
Annual Business Meeting. Before the Congress of Cities, NLC will be sending
out a special edition of the Policy Informer summarizing the proposed National
Municipal Policy amendments and resolutions that are to be voted on at the
Annual Business Meeting. This information should be shared with your voting
delegates.
We ask that you return the completed form to NLC on or before October 8,
2004. Please follow the instructions on the card for filling out the form and
make a copy for your own files. A pre -addressed envelope is attached for your
convenience. If you have any questions or concerns, contact Keith Kirk at
kirk@nlc.org or (202) 626-3176.
Past Prosidens: Karen Anderson, Mayor. Minnetonka, Minnesota • Clarence E Anthony, Mayor, South Bey, Florida • William H. Hadnut, III, Vice Mayor, Torn of Chevy Chase, Maryland • Sharpe James,
Mayor, Newark, New Jersey • Brian J. O'Neill, Councilman, Philadelphia, Pennsylvania • Directors: Lorraine Anderson, Councilmember, Arvada, Colorado • Ronald Bates, Mayor Pro Tom. Los Alamitos, California
• Phil Bazemore, Mayor Pro Tam, Monroe, North Carolina • Daniel Beardsley, Jr., Executive Director, Rhode Island league of Cities and Towns • Conrad W. Bowers, Mayor, Bridgeton, Missouri • Rozelle Boyd,
Councillor, Indianapolis, Indiana • Kenneth Busche, Executive Director, Colorado Municipal League • Leo V. Chaney, Jr, Councilmember, Dallas, Texas • Roger C. Clear, Mayor, Bolingbrook Illinois • Roosevelt
Coats, Council Member. Cleveland, Ohio • Lisa Dooley, Executive Director, West Virginia Municipal League • L Virginia Fields, Manhattan Borough President, New York, New York • Clay Ford, Jr., Mayor Pro Tam,
Gulf Breeze, Florida • Del Haag, Councilmember, Buffalo, Minnesota • S. Ellis Hankins, Executive Director, North Carolina league of Municipalities • Ken Herward, Executive Director, Association of Idaho Cities
Laster Heitim, Mayor Willmar, Minnesota • Ruth Hopkin% Councilmember, Prairie Village, Kansas • Ted Jennings, Mayor, Brewton, Alabama • Willa Johnson, Councilwoman, Oklahoma City, Oklahoma • Helen
Kawagoe, City Clerk Carson, California • Joseph Maestro, Councilor, Espanola, New Mexico • Cynthia McCollum, Council Member, Madison, Alabama • Rudolph McCallum, Jr. Mayor, Richmond, Virginia
Don Meier, Executive Director, League of Kansas Municipalities • Carbon Moore, Commissioner, Fort Lauderdale, Florida • Joe Moore, Alderman, Chicago, Illinois • Nancy Nethanson, Councilmember, Eugene,
Oregon; • Kathleen M. Novak, Mayor Northglenn, Colorado • Alex Padilla, City Council President, Los Angeles, California • Bart Paterson, Mayor, Indianapolis, Indiana • Margaret Peterson, Councilmember.
West valley City, Utah • Tarry Riley, Council Member, Kansas City, Missouri • John Russo, City Attorney, Oakland. California • Jeanie E. Smith, Executive Director, Mississippi Municipal League • Shop Stahel
Deputy Mayor Pro Tem, Plano, Texas; • Ted Tedesco, Mayor, Ames, Iowa • liberato Silva, Vice Mayor, Flagstaff, Arizona • Dan Thompson, Executive Director, League of Wisconsin Municipalities • Dick Train!,
Racyc ed Paper Assembly Chairman, Anchorage, Alaska
11
NATIONAL LEAGUE OF CITIES
2004 CONGRESS OF CITIES
INDIANAPOLIS, INDIANA
Number of Votes — Annual Business Meeting
Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies the number of votes that each direct
member city of the National League of Cities is entitled to cast at the Annual Business
Meeting at the Congress of Cities. All member cities are required by the Bylaws to cast
unanimous votes.
CITY POPULATION (per 2000 Census)
NUMBER OF VOTES
Under 50,000
1 vote
50,000 — 99,999
2 votes
100,000 — 199,999
4 votes
200,000 — 299,999
6 votes
300,000 — 399,999
8 votes
400,000 — 499,999
10 votes
500,000 — 599,999
12 votes
600,000 — 699,999
14 votes
700,000 — 799,999
16 votes
800,000 — 899,999
18 votes
900,000 and above
20 votes
f�4_.
=l
NATIONAL LEAGUE OF CITIES CREDENTIALS FORM
2004 CONGRESS OF CITIES • INDIANAPOLIS, INDIANA
teach direct member city of NLC is entitled to cast from one to 20 votes, based upon the city's population per the 2000 census, through
its designated voting delegate at the Annual Business Meeting. Please indicate below your city and state, voting delegate and/or
alternate(s), and sign and date the credentials form. Mail the form to NLC in the enclosed pre -addressed return envelope.
The official voting delegate and/or alternate(s) for the cityltown of are:
(please type or print the name of yourcity/town and state)
VOTING DELEGATE:
FOR OFFICE USE ONLY
• NAME (DO NOT WRITE /N THIS SPACE)
Voting card issued to:
TITLE
ALTERNATE VOTING DELEGATE(S):
2.
NAME
3.
NAME
Signature (city representative)
TITLE
TITLE
Date:
(Signature)
1. 2. 3.
For Office Use. Only (Do Not Write in this Space)
City Code: _ Return to: Chair, Credentials Committee
National League of Cities
Vote.(s): 1301 Pennsylvania Ave., N.W., Suite 550
Washington, D.C. 20004:
0
no 4CIf Do 4ckk eri
-�eyr, Vl D ConiEMgel/s
•
s
FROM THE DESK OF
TOMMY MOSER, CITY COUNCIL
DISTRICT 4
August 23, 2004
To: Martha A. Gillett, TRMC
Please place the following item on the next City Council Agenda:
Consider approval or other faction to amend the zoning ordinance by removing the
Business Industrial (BI) zoning truck stop exemption to allow a truck stop to be in a
Business Industrial District ,Zone.
Date: `� O
Date:
/O
Date:
• 0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Sevtember 13, 2004
Requested By: Wayne J. Sabo
Department: Plannine
Report: Resolution: Ordinance:
Exhibits:
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
SUMMARY
City Council has expressed an interest in considering a change to the Zoning Regulations,
Chapter 106 of the City Code of Ordinances that would modify the conditions upon which a
Truck Stop would be allowed within the City of La Porte.
Section 106-171. Amendment;procedures, states in part that the City Council may, on its own
motion, amend, supplement, change or modify the regulation. Section 106-171 (1) goes on to
state that before taking any ' action on any proposed amendment, supplement, change or
modification, the city council shall submit the same issue to the city planning and zoning
commission which shall make a preliminary report and hold a public hearing thereon before
submitting its final report to the city council.
Action Required by Council:
Consider a motion for the Planning and Zoning Commission to consider proposed amendments
to Chapter 106, Sections 106-521; Table A, industrial uses, to amend, change or modify
conditions to allow Truck Stops in a Business Industrial Zone.
Approved for City Council Agenda
v Av /V 41.
-_
i 1
a
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 13, 2004
Requested By: Wayne J. Sabo
Department: Planning
Report: Resolution: Ordinance:
Exhibits:
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
SUMMARY
On August 26, 2004, a variance request to allow a fourth story to be added to a proposed motel at
401 W. G Street intersecting S. 8t Street, was heard before the Zoning Board of Adjustment.
The variance specifically requested relief from the 45' maximum height requirement within a
General Commercial and/or Industrial Zone. Only 4 Board members were in attendance. While
the motion was made to approve the request, the vote was 3 for and 1 against the proposal. Any
vote to approve a variance or. special exception requires 4 votes from the Board. Staff has
received a request, in writing, by the Chairperson of the Board to bring the issue back before the
Board at the next meeting on September 23, 2004, for full consideration.
City Council has expressed an interest in considering a change to the Zoning Regulations,
Chapter 106 of the City Code :of Ordinances that would modify the 45' maximum height rule.
Section 106-171. Amendment procedures, states in part that the City Council may, on its own
motion, amend, supplement, change or modify the regulation. Section 106-171 (1) goes on to
state that before taking any action on any proposed amendment, supplement, change or
modification, the city council shall submit the same issue to the city planning and zoning
commission which shall make a preliminary report and hold a public hearing thereon before
submitting its final report to the city council.
Action Required by Council:
Consider a motion for the Planning and Zoning Commission to consider proposed amendments
to Chapter 106, Sections 106-443 and 106-522; to amend, change or modify maximum height
limits permitted in commercial and industrial zones.
Approved for City Council Aaenda
4B
Date
Emergency Management •
Coordinator
0
Fist 90 Dais
Emergency Management
• What is it? •Why do we need it?
Managing natural and man
made emergencies. • Hazards
Preparing the public and • Natural
staff, mitigate problem
areas
• EMC —Coordinates all
Pffnrt_
• Man made
• Building in risk zones
•
•
The First 90 Days
Focusing
Communication
Training
Awareness
Emphasizing
Community outreach
Better relationships
Establishing La Porte
•
Major Projects
Rewrote Basic Emergency Plan
• Corrected over 80 deficiencies with the plan
. Received Advanced status from State DEM
Worked with Purchasing to switch phone
service for better communications
Rehb
,go'fiated FIRSTCALL contract for
citizpone notification
•
•
Major Projects
Installation of more Stream and weather monitoring
data instruments
E
i finalizing the Mitigation Action Plan
•
Communications / Awareness
. City employees
. Community
. Neighboring Municipalities
. Neighboring Industries
,6
•'
Communications / Awareness
• City employees
• 0
Worked with each department on new
emergency plan and their role (s)
• Send out information alerts
• Developed with Chief Reff notification
levels for incidents
•
Communications / Awareness
. Neighboring Municipalities / County
• Using existing tools for help i.e.. Commissioner
Garcia's Office /Harris County OEM -
notification and communication issues
• Met with all surrounding agencies to assess
needs
• Use email and cell phone to immediately notify
other Emergency Managers of incidents
• Restarted ""225 corridor" meetings with other
Emergency Managers
.*
•
Communications / Awareness
. Industrial Neighbors
Active in CAC (Citizens Advisory Council) �
• Working with ECHMA (East Harris County
Manufacturing Association) and the CEC-to
form better communications and reporting
documents
• Working on LEPC issues with local industry
• Better / more participation
• Pla:nning joint City / Industry drill in October
• Reestablishing La Porte with industry
Communications / Awareness
. Community
• Newspaper article
• Disaster can
• Brochures (English and Spanish)
• Website
• Inserts into water bills
Publications
• Senior program
• EAS radios in the public
0
E
Training
• City employees
— Started monthly EOC training •
— Implemented documentation program
(RIMS) with Harris County
— Meet with departments on their Annexes in
the Emergency Plan
— Updating City buildings and employees for
emergencies, i.e.. plans, contact people
— Updating city website and channel 16 for �
emergencies
— Training on software programs Hurrvac,
Cameo, Marplot, Aloha and others.
Training
• Neighboring Municipalities
— Utilizing other EIVIC for our training �
— Helping smaller Cities with their
Emergency issues
— Working with an Ad Hoc committee
for other LEPC's
Training
• Community
- Senior Program (started)
- Teachers Program (Fall)
- Neighborhood Program (Fall)
Other important issues
• Working with the Harris County Health Dept. on
an inoculation center within one of our schools •
and San Jacinto College
• Developed better communications with all Harris
County and the State DEM agencies regarding
prompt notifications and involvement from La
P �orte
La be has been recognized as breaking •
re tN, 1�e for correcting deficiencies within the
Emer nc�► Plan, receiving Advanced status and
is used a��
example by the State DEM
Future
• Animal health awareness and updates program
—fall `04
• Building shelter in place kits for all city buildings,,
and training all employees to act to protect the
public — fall'04
• Writing grants for incident notification signs to be
�Iqped on the edge of city limits — fall'04
• rt?m�nt lease and " welcome wagon"
info)-,Nat,bdocuments; SIP,:warning system,
etc. — Jl'O%"
Future con't
• Develop CERT'sCommunity Emergency
Response Teams) for the City through county �
funding and -help —spring `05
• Helping design an EOC building/area - ?
• Obtaining " air cards" for expanded
communications from the scene of an incident to
the EOC —fall '04
)eloping " natural disaster" section in the
ib',_t�:� spring 105 �
• DeVoppihg town meeting before hurricane
seasoh,\- spring `05
Emergency Management •
Where do we go from here?
0i
DO WHATEVER NEEDED
1) I'R,(!) I I� CT
TLIEPL I�I IC
•.
0
La. Porte EOC
124 S. Second
281 471 3607
281 470 8523 fax
71
Questions?,
6305 alternate
6b36 fax
emman CCD-ci`l8-Ddrte.tx. us
Jeff Suggs
124 S. Second office
604 w. Fairmont mailing
281 471 3607
281 470 5085 direct
281 470 8523 fax
281 639 9258 cell/text
suppsiCaD-ci.la-porte.tx. us
www.ci.la-porte.tx.us
(emergency management)
0
PLEASE BRING DOCUMENTATION THAT
WAS PROVIDED TO YOU LAST WEEK FOR
THIS ITEM.
THANKS,
Mg
NO BACK UP PROVIDED
September 13,.2004
Dear -Council:
At this time, I plan on focusing my energy for the next three years on .our Youth Advisory
Council, the Trees for LaPorte. program, and the Keep LaPorte Beautiful program.
So, as we begin looking into our recommendations for Boards and Commissions, I -would
like to resign from two of them:
We will need to consider.replacements for the La Porte Development Corporation and the
City Of La Porte Audit Committee.
I believe we should continue to allow a councilmember to take my vacated positions.
,anks .
'Peter rii the
. �.: #e. .*a".=v1 '..
w = ! -. .. ... _ _ .-:._ .:.'�:c:� Nc2^s : t.•::y ,. .�i:3; .'.�:z. d
•'..E' `: - . _ '
r:s _�:-�r:- --
---- -. "`�,•;. �....:`. ,__y. �,' - .. _ •h''. ._. __ �"'F,�:F,�� `• aAi.,7iP"•L:S:T�c%�••r .. i.:�7;: is ,:.�-
.. r
:s.
'�:^"-._
�.�..,__ - _.
—•_
.i••:. . _ ' __ .. _. ... r ':^c': sF':• ,f.- �~�•{ t_.�:aa •1' aka 'w w.= .
•g ° - 2" - ice.+.._.. i�Cs. -.� ...; _ yM�=' ia;= St.
• - _
IRSKINS & ARMSTRONG, P.C•
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. 0. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
September 13, 2004
Mayor and City Council
City Hall
City of La Porte
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskins(ftol.com
iohn-a(ftwbell.net
ctaskinsC2swbell.net
RE: Agenda Item 5 (D), Ordinance 2004-2505A, appointment of civil service
commissioners
Dear Mayor and Council:
On Friday, September 10, 2004, 1 was .advised by Ms. Sherri Sampson, Human
Resources Director, that Chief of Police Richard Reff had received a Texas Attorney
General's opinion letter concerning the legality of civil service commission members
serving consecutive terms.
Our office has reviewed the opinion, a copy of which is attached to this letter for
your reference. The single issue considered by the Attorney General, in response to an
inquiry by the District Attorney's office of Denton County, was whether an individual may
be reappointed to a second consecutive term on a civil service commission. The
Attorney General concluded that a civil service member may not serve consecutive
terms.
This matter is of immediate concern to the City of La Porte due to the fact that an
ordinance had previously been placed on the September 13, 2004 agenda, for the
appointment of civil service commission members, with two of the appointees (Ms.
Janice Lawler and Mr. Bobby Powell) being current members of the commission. Under
the Attorney General's ruling, neither Ms. Lawler nor Mr. Powell would be eligible to be
reappointed.
As such, our office would strongly advise council that this item be removed from
the consent agenda and tabled until such time as appropriate measures can be taken
to reach a solution in this matter.
Thank you, and should you have any questions please do not hesitate to contact
me at my office.
Sincerely,
Clark T. Askins
Assist. City Attorney
Cc: City Manager
Debra Feazelle
Cc: Assistant City Manager
John Joerns
r "f
Dear Mr. Isaacks:
You ask whether a civil service commissioner of a municipality governed by
chapter 143 of the Local Government Code may be appointed to two or more
consecutive terms, *and if not, whether the reappointment of a commissioner
constitutes- a criminal offense. (1)
Chapter 143 of the Local Government Code relates to "municipal civil service."
Tex. Loc. Gov't Code Ann. §§ 143.001-.354 (Vernon-1999 & Supp. 2004). Its
purpose is "to secure efficient fire and police departments composed of capable
personnel who are free from political influence and who have permanent
employment tenure as public servants." id. § 143.001(a) (Vernon 1999). Chapter
143 is applicable to any municipality that either.(1) has a population of 10,000 or
.more, a paid fire department and police department, and has voted to adopt
[chapter 143] or the law codified by [chapter 1431; or (2) whose election to adopt
[chapter 143] and.whose acts subsequent to that election were validated by the
law enacted by the Seventy-third Legislature.in 1993. -See id. § 143.002._ After a
municipality adopts chapter 1.43, a "Fire Fighters' -and Police Officers' Civil
Service Commission is established in the municipality." Id. § 143.006(a). _
A civil service commission consists of "three members appointed by the
municipality's chief executive and confirmed by the governing body of the
municipality." Id. § 143.006(b). "Members serve staggered three -.year terms with '
the term of one member expiring each year." Id. A person appointed to the
commission must, interaiia, "not.have held a public office within the preceding
three years." Id. §. 143.006(c)(5). You ask -whether that provision means that an
individual may not be reappointed to a second consecutive three-year term. See
Request Letter, supra note 1, at 1.
Section 143.006(c) clearly requires that a person appointed to the commission
may "not have held a public office!' during the past three years. Tex. Loc. Gov't
Code Ann. § 143.006(c)(5) (Vernon 1999). The relevant language does not state
N
that its application is limited to anotherpublic office. Rather, it applies to any
"public office." See id. A statute that is plain and unambiguous on its face will
generally be construed as written. See Fitzgerald v Advanced Spine Fixation
Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999) (where a statute is clear, courts
will not look to extrinsic.aids such as legislative history to determine the
legislature's intent); see also Brazos Rive, v. City of Graham, 354 S.W.2d
99, 109 (Tex. 1961). Thus, if a civil.s'ervice commissioner holds a public office, he
or she is not eligible for reappointment to a second consecutive -term.
The.test for.determining whether a person holds a public office was formulated
by the Texas Supreme Court in 1955'. In Aldine Independent School District v.
Standley, 280 S.W.2d 578 (Tex: 1955), the court said that
the determining factor which distinguishes a public officer from an
employee is whether any sovereign function of the government is
conferred upon the individual to be exercised by him for the benefit of the
public largely independent of the control of others.
Aldine, 280 S.W.2d at 583 (emphasis added) (citation omitted). In our view, it is
clear that members of a civil service commission hold an "office" under the Aldine
standard. They are appointed to fixed three-year terms. See Tex. Loc. Gov't
Code Ann. § 143.006(b) (Vernon 1999). Members do not serve of the pleasure of
the chief executive or governing body. Under chapter 143., they may be removed
in only two ways: (1) if "the governing body of the municipality finds that a
commission member is guilty of misconduct in office"; or (2) if "a commission
member'is indicted or charged by information with a criminal offense involving
moral turpitude," and either pleads guilty to or is convicted of the offense. Id. § _
143.007(a)-(b).
As.a body, the commission is empowered to enact rules. See id. § 143.008(a).
"The commission or a commission member .. may investigate and report on all
matters relating to the enforcement and effect of [chapter 14.3] and any rules
adopted [thereunder] ...." Id. § .143.009(a). The commission may administer
oaths, issue subpoenas, and depose witnesses. See id. §§ ,143.009(b), .010(d).
The commission is required to conduct a hearing whenever a "fire fighter or
police officer wants to appeal to the commission from an action for which an
appeal or review is provided by" chapter 143. /d. § 143.010(a). The commission
must "conduct the hearing fairly and impartially ... and shall render a just and
fair decision." /d. § 143.010(g). "Each concurring commission member" is
directed to "sign a decision issued by the commission." /d. § 143.011(a).
In sum, we believe it is clear that a municipal civil service commissioner holds. a
public office. A commission member serves for a fixed term, adjudicates rights
and is subject to removal only for cause.. Accordingly,it may fairly be said that a
commissioner exercises his or her duties "largely independently of the control of
others." Aldine, 280 S.W.20 at 583. As a result, a civil service commissioner
holds a public office and may not be reappointed. to -a second consecutive term
as -civil service commissioner.
You also ask whether the reappointment of a commissioner constitutes a'criminal
offense. See Request Letter, supra note 1, at 1. Section 143.006(h) of the Local
Government Code provides:
The chief executive of a municipality or a municipal official commits an
offense if the person knowingly or intentionally refuses to implement this
chapter or attempts to obstruct the enforcement of this chapter. An offense
under this subsection is a misdemeanor punishable by a fine of not less
than $100 or more than $200.
Tex..Loc. Gov't Code Ann. § 143.006(h) (Vernon 1999). It is not clear whether
the reappointment of a civil service commissioner to a second consecutive term
would, constitute a "refus[al] to implement" chapter 143 or an attempt to "obstruct
the enforcement" of that chapter. /d: § 143.006(h). In addition, section 143.006(h)
states that an offense occurs only if the person acts "knowingly or intentionally."
/d. The existence of some confusion on the issue under consideration, as
evidenced by your request to us, indicates that even if a reappointment could be
characterized as a refusal to implement or an attempt to obstruct; it might be
difficult to demonstrate the existence of intent.. In any event, whether to proceed
in such a case.is a matter squarely within prosecutorial discretion.
to
SUMMARY
A person appointed to the civil service commission. of a municipality may not be
reappointed to a second consecutive term. Whether such a reappointment
constitutes a criminal offense depends upon a variety of factors, including
.whether the appointee acted knowingly or intentionally to violate the law, and
thus cannot be determined here.
Very truly yours,
GREG ABBOTT
Attorney General of Texas
BARRY MCBEE
First Assistant Attorney General
DON R. WILLETT
Deputy Attorney General for Legal Counsel
NANCY S. FULLER
Chair, Opinion Committee
Rick Gilpin
Assistant Attorney General, Opinion Committee
1. See Letter. from Honorable Bruce Isaacks, Denton County Criminal District
Attorney, to Honorable Greg Abbott, Texas Attorney General, at 1 (Mar. 2,. 2004)
(on file with Opinion Committee; also available atwww.oag.state. tx.us)
[hereinafter Request Letter].
�r •
0
The attached information has been provided at the
request of Councilman Moser for your view regarding
item # 13 — Negotiating a three year contract with
Humana Health Care
Texas Department of Insurance - 2003 Accident and Health Complaint Index
Page 1 of 34
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compare to the.average, with an index of 1.00 as TDInSight
average. Below. 1.00 means fewer complaints than Business Dev
average and above 1.00 means more complaints
than average.
r Gollsearch
Total. Total -
Number of Accident Complaint
Company]Name Justified . and Health Index
Complaints • Policies for
for 2003. ..'2003
5 Star Life 0 1,226 0.00 Y
Ins. Co..
AAA Life Ins. 0 21,279 0.00
Acacia Life 0 13 0.00
Ins. Co.
Academy Life . 0 150 .0.00
.Ins. Co..
ACE American, 0 408 0.00
Ins. Co..
.Advance Ins. 0. 2,893 0.00
Co.
Aegis Security 0 27 0.00
Ins. Co.
AETNA Dental 13 469,124. 0.23
Inc.'
AETNA Health e 262 166,784 12.93
htta://www.tdi.state.tx.us/consumer/cpahci.htmI. 9/8/2004
exas Department of Insuranc 003 Accident. and Health Complaint ex
00.
Page 2 of 34
_AETNA-Lif.
C-o-�---_�-�.-J
61
318,557
1.58
=Ins.
AIG Life Ins.
1
1,412,581
.
0.01
Co.
Allianz Life
0
'33,302
0.00
Ins. Co. of
North America
Alimerica
0
1,029
0.00
Financial Life
Ins. And
Annuity Co.
Allstate Life
1
58,379
0.14
Ins. Co.
Alpha Dental
0
18,958
0.00
Programs,
Inc.
Alta Health &
0
43
0.00
Life Ins..Co.
American
3
314,967
0.08
Bankers -Life
Assurance Co.
of Florida
American
0.
. 1,994
0.00
Capitol Ins.
Co.
_.
American
.0
.3,745
0.00
Exchange Life
Ins. Co.
American
.5
663,076
0.06
Family Life
Assurance Co.
of. Columbus
American .
2
94,519
0.17-
' Fidelity -
Assurance Co.
American
0
12
0.00
Founders Life
Ins. Co.
American
2
87,733
0.19
General
Assurance Co.
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9/8/2004
Texas Department of Insuranc 003 Accident and Health Complaintx
Page 14 of 34
Hartford Life
0
43
0.00
And Annuity
Ins. Co.
Hartford Life
Ins. Co. .
HCC Life Ins.
2
0
426,652
165,774
0.04
0.00
Co.
Healthp.lan of
1J
2,099
.3.92
Texas,. Inc.
Heritage Life
0
112
0.00
Ins. Co.
Highmark Life
0
18,718
0.00
Ins. Co. .
Homeshield:
.'0
154
0.00
Ins. Co.
Horace Mann
0
4,535
0.00
Ins. Co.
Horace Mann
n: 0.
1,218
: 0.00-.
Life Ins: Co:'
Horace -Mann
Lloyds-'
:- 0:
:�;;:.: 539..
:0..00:•.
Horace Mann::"
"� 0
:• 1,538
0.00•.
Property &
Casualty Ins.. .
Co.
Household
0
76,268
0.00
Life Ins. Co:
Humana " ��
�101
. 7.59
( Heal ht P and ;of
ILL
'
a
-Humana Ins ` ;
75
275,088
2.24.
Huinanadental-
0
66,491
0.00
Ins. Co.
IDS Life Ins. .:
0,
22,096
0.00
Co.
Illinois Mutual
0'
3,566-'.
0.00
Life .Ins., Co.
h4://www.tdi.siate.tx.u6/consumer/cpahci.html 9/8/2004