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Home My WebLink About2004-10-11 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council ~ - ,- ----- A ...- .- MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL October 11, 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, Tommy Moser, Louis Rigby, Barry Beasley, Peter Griffiths, Mike Clausen, Mike Mosteit and Mayor Alton Porter Members of Council Absent: Howard Ebow was absent due to being called into work. Members of City Executive Staff and City Employees Present: City Manager Debra F eazelle, Assistant City Manager Cynthia Alexander, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Purchasing Manager Susan Kelly, Interim Planning Director Wayne Sabo, Human Resources Manager Sherri Sampson, Assistant Fire Chief John Dunham, Office Manager Marlene Rigby, Assistant Finance Director Mike Dolby, Main Street Coordinator Debra Dye, Special Services Superintendent Karen Beerman, Police Chief Richard Reff, Consultant Nick Finan and EMS Chief Ray Nolen - Others Present: Pat Rothermel, Jack Oliphant, Pat Muston, Spero Pomonis, Dottie Kaminski, Delia Claus, Mike Shannahan, Sib Carpenter, Jim Van, Deborah Johnson, Sue Gale Mock Kooken, Rachel Hampton, Bill Scott, Jane Jacobs, Sharon Nutt, Tawahna, Kathy, Rocky, Bobby Schlenk, Rey Araulo, Ashley Kelly, Brenna Shannahan, Barbara White, John, Britt Williams, Jon Brekke, Maria Manguia, Monica Garner, Vanessa Garner, Sandra Wise, Max Wise, Rosie Gutierrez, Jim Van, Shelia Le Beauf, Carmen Stevens, Lydia Martinez, Aaron, Cindy Burton, Josh Burton, Walter Valentine, Shirley Valentine, Katie Howse, Robert Angell, Sib Carpenter, Katrine Wright, Chester Pool, Lance Brinkley, Hope Brinkley, Kasey Brinkley, Bob Bunchfield, Ryan Vest, Justin Travis, Shannon Muston, Jeremy Shaffer, Barbara Norwine and other citizens and students. 2. Reverend Noel Perez of Glory Ministries delivered the invocation. 3. Mayor Alton Porter led the Pledge of Allegiance. 4. Mayor Porter and Sherri Sampson presented Inspection Services Coordinator Sherry Jennings with a plaque in honor of "Employee of the Second Quarter of 2004". Mayor Porter and Councilmember Peter Griffiths presented Special Services Superintendent Karen Beerman with a Proclamation in honor of "Special Olympics Day in La Porte". 5. CONSENT AGENDA A. Council to consider approval of the Minutes of the Regular Meeting and Workshop Meeting held on September 27, 2004. B. Council to consider approval or other action regarding a resolution designating the representative for Houston-Galveston Area Council for 2005 General Assembly and Board of Directors. .- Motion was made by Councilmember Rigby to approve the Consent Agenda as presented; with minor revisions to the Minutes. Second by Councilmember Griffiths. Ayes: Beasley, Mosteit, Engelken, Moser, Rigby, Clausen, Porter and Griffiths Nays: None Abstain: None City Council Regular Meeting, Public Hearings and Workshop Meeting - October 11, 2004 - Page 2 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571- Mr. Scott applauded Barbara Norwine for resigning from the Board of Adjustments and questioning their actions. Mr. Scott additionally informed Mayor and Council of his personal experiences with the Board of Adjustments. He stated, Bob Capen has violated his Oath of Office. At the June 24, 2004 Public Hearing where the case involving his home was presented, Mr. Scott stated the "Roberts Rules of Order" and the ordinance agenda order was violated. He informed Council he was required to speak first during the hearing and was harassed; he encouraged Council to investigate the actions of the Board of Adjustments. Mr. Scott advised Council to remove the Chairman because he also has violated the ordinance and the "Roberts Rules of Order". He noted he would be exposing additional violations over the next months. - Rachel Hampton of 402 South Idaho, La Porte, Texas 77571- Ms. Hampton informed Council the City has a great deal of trash and litter, in all areas, that needs to be cleaned up. The ditches near her home and the area near the high school stadium are especially dirty. She made the following suggestions: The Police Department needs to issue citations for littering. The Industry should donate litter bags and include them in the mail-out with the water bills, adopt a street program within the LPISD, use juvenile community service workers to clean-up litter and trash, and contact other cities, such as Fredricksburg and Gruen to find out how they keep their cities clean. Ms. Hampton begged Council to implement a program to clean up our fine City. 7. Open Public Hearing - Mayor Porter opened the Public Hearing at 7:00 p.m. Review by Staff - Interim Planning Director Wayne Sabo turned the presentation over to Consultant Nick Finan to provide an overview of the ordinance Main Street District boundaries, zoning and regulations. - Public Input: Sue Gale Mock Kooken of 410 South First Street, La Porte, Texas 77571- Ms. Kooken informed Mayor and Council that she is in favor of the Main Street District and believes it will be good for the City. Mike Shannahan of200 South Virginia, La Porte, Texas 77571- Mr. Shannahan informed Mayor and City Council of his position regarding the Main Street District; his position is mostly favorable and he applauds the Committee members for their efforts. Mr. Shannahan has serious concerns with the Main Street District boundary line running down the alley between Virginia Street and San Jacinto Street. The family's and neighbor's specific concerns include alley way access, noise, parking, loitering, littering, drainage, building set backs and aesthetics. I feel the current zoning standards which apply to the East side of San Jacinto Street, the same ones I complied with when I built the only conforming commercial development on the block are in place for the express purpose of lessening the impact of commercial activity on the residences which make up the rest ofthe block in its entirety. Mr. Shannahan understands and agrees with the intent of the Main Street designation and wishes the best to all those involved with Main Street revitalization. However, to say that commercial development, to the lower standards proposed in the Main Street Ordinance, could have a negative impact on the property values and quality of life of residents, of one of the oldest neighborhoods in the City would be an understatement. I, respectfully, request Council to consider removing the East side of the 200 block of San Jacinto from the proposed District. This is easily accomplished by moving the boundary line from the alley between Virginia Street and San Jacinto Street to San Jacinto Street proper. There are no historic buildings on San Jacinto Street; the stated goal of Main Street District proponents is to "preserve the character of historic Main Street". I ask only that the same consideration be given to the residents of Virginia Street. We implore Council to preserve the character of our residences. Mr. Shannahan read the names of all the residents that signed the letter. - Bobby Schlenk of 620 South 4th Street, La Porte, Texas 77571 - Mr. Schlenk informed Council he is in favor of the Main Street District. It improves relaxation and favors business owners. City Council Regular Meeting, Public Hearings and Workshop Meeting - October 11, 2004 - Page 3 Jerry Carpenter of 600 Main Street, La Porte, Texas 77571 - Mr. Carpenter informed Council he is in favor of the Main Street District and commended Planning & Zoning for their efforts. ~- Pat Muston of 117 Garfield, La Porte, Texas 77571 - Ms. Muston informed Council she is in favor of the Main Street District. Recommendation of Staff - By unanimous vote, The Planning and Zoning Commission recommends Council to approve the proposed zoning ordinance amendments and regulations as presented by Mr. Sabo. Consultant Nick Finan clarified the no parking in front is only within the overlay. If you look at the ordinance, when a commercial abuts a residential, there's a 20 feet rear yard setback and ten yards, but within the Main Street District it is relaxed, with the overlay allowing 80% and Main Street allows for 60%. The rear setbacks are 20 feet rear yard set back, which is what is in general commercial, with neighborhood commercial being only 10 feet. As far as the property, the setbacks will be the same as they currently are under the general commercial; with a 20 feet setback, 5 feet setback, which within a general commercial would be a 10 feet sideyard. This would be the only difference and would not affect the residents on Virginia. The 5 feet setback is a little bit more lax, which allows for higher percentage of lot coverage from 40% to 60%. The Public Hearing was closed at 7:45 p.m. Consultant Nick Finan stated Ordinance l50l-AAAA changes slightly from the Planning and Zoning Commission's version. The Ordinance is now combined as one action item, create the district and rezone the district. Mr. Finan questions if Exhibit A should be Exhibit F for the purpose of the adoption since it was originally conceived as a separate ordinance. There are two Exhibit A's, one needs to be relabeled as Exhibit F. 8. Council to consider approval of Ordinance 150 l-AAAA as presented by Mr. Sabo. Mayor Alton Porter read: ORDINANCE l501-AAAA - 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 AMENDING ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULATIONS, SUBDIVISION 1 GENERALLY, SEC. 106-441 TABLE A, COMMERCIAL USES AND SEC. 106-443, TABLE B, COMMERCIAL AREA REQUIREMENTS; AND BY ADDING SUBDIVISION V. MAIN STREET DISTRICT WITH OVERLAY, SECTIONS 106-510 ET SEQ. TO DIVISION 3. COMMERCIAL DISTRICT REGULATIONS BY; AND BY AMENDING ARTICLE VI. OFF-STREET PARKING, SEC. 106-832, APPLICATION OF THESE REGULATIONS TO ALL ZONING DISTRICTS; EXCEPTION FOR MAIN STREET OVERLAY DISTRICT; AND BY AMENDING ARTICLE VII. SIGNS, SECTION 106-874 ON-PREMISES SIGNS; AND BY ADOPTING ADDITIONAL REGULATIONS AND BOUNDARIES OF THE MAIN STREET DISTRICT, AND BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (GC) TO MAIN STREET (MS) INCLUDING MAIN STREET DISTRICT WITH OVERLAY FOR THE AREA ALONG MAIN STREET FROM STATE HIGHWAY 146, EAST ALONG WEST POLK STREET TO NORTH KANSAS, SOUTH ALONG NORTH KANSAS STREET TO INTERSECTION WITH EAST A STREET, WEST ALONG EAST A STREET TO INTERSECTION WITH ALLEY OF BLOCK 201, WEST ALONG EAST B STREET AND WEST B STREET INTERSECTION WITH SOUTH 1 ST STREET, NORTH ALONG 1 ST STREET TO INTERSECTION WITH WEST A, AND ALONG WEST A STREET TO ITS INTERSECTION WITH STATE HIGHWAY 146 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 Griffiths to aoorove Ordinance 1501-AAAA as oresented bv Mr. Sabo. Second by Councilmember Moser. Motion carried. Ayes: Beasley, Mosteit, Engelken, Moser, Rigby, Clausen, Porter and Griffiths Nays: None Abstain: None City Council Regular Meeting, Public Hearings and Workshop Meeting - October 11, 2004 - Page 4 9. Open Public Hearing - Mayor Porter opened the Public Hearing at 7:50 p.m. - Review by Staff - Interim Planning Director Wayne Sabo provided an overview of request for approval of a General Plan and a Special Conditional Use Permit. Public Input: Spero Pomonis of218 Bay Colony, La Porte, Texas 77571 is against the General Plan and SCU #04-013, especially the multi-family units. Mr. Pomonis would like to see Mayor and Council ban apartments in the City of La Porte. Rob Burchfield of6011 Prevon Court, Houston, Texas would like this piece ofland preserved. The land is a treasure with Bull Pines, numerous great grandfather of the pine trees. Mr. Burfield feels this is inconceivable that Council would think about making a single family development. The whole concept has been to serve the community, find a way to save the treasure that is out there, the Bull Pines, the Drunken Trees with original Beaumont soil. These trees do not exist on the coast anymore, except on "The Preserve at Taylor Bayou". Council saw an overhead picture of the project and confirmed they will preserve the trees, some of them over 2000 years old, and 77 acres ofland. Mr. Burchfield informed Council the homes will be high quality, and at the same time, the trees will be saved and a park will be created. Recommendation of Staff - By unanimous vote, The Planning and Zoning Commission recommends Council to approve the proposed General Plan and SCU #04-013 as presented by Mr. Sabo. The Public Hearing was closed at 8:15 p.m. 10. Council to consider approval of a General Plan and a SCUP for multi-family units. Interim Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 1501-BBBB AND SCU #04-013 - 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: BEING i: 107 ACRE TRACT OF LAND INCLUDING 28.43 ACRES IN THE 1200 BLOCK OF MCCABE ROAD, AS TRS 8, 8A, 5F-l, 49A, & 9B, ALONG WITH 77 ACRES AS NATURE PRESERVE IN THE W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING 180 MULTI-FAMILY (APARTMENTS) AND 150 TOWN HOME 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-BBBB AND SCU #04-013 as presented by Mr. Sabo. Second by Councilmember Beaslev. Motion carried. Final plan approval will be from Mayor and Council. Mayor Porter noted there were 21 conditions previously approved. - Ayes: Engelken, Beasley, Moser, Rigby, Clausen, Mosteit, Griffiths and Porter Nays: None Abstain: None 11/12. Council to consider amending Ordinance 2004-2779 authorizing redesign of the employee contribution schedules of the medical plan. City Council Regular Meeting, Public Hearings and Workshop Meeting - October 11, 2004 - Page 5 Human Resources Manager Sherri Sampson presented summary and recommendation and answered Council's questions. - Assistant City Attorney Clark Askins read: ORDINANCE 2004-2779-A - AN ORDINANCE AMENDING ORDINANCE NO. 2004-2779, AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT WITH HUMANA INSURANCE COMPANY, FOR ADMINISTRATIVE SERVICES OF THE CITY'S MEDICAL PLAN, EFFECTIVE JANUARY 1,2005; ADOPTING "HEALTH SERVICE PLAN DESIGN" OPTIONS; APPROVING AN EMPLOYEE CONTRIBUTION SCHEDULE; APPROPRIATING THE SUM OF $130,000.00 TO FUND SAID ADMINISTRATIVE SERVICES AGREEMENTS; 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 Griffiths to table Ordinances 2004-2779-A/2004-81 as presented by Mrs. Sampson until Monday. October 18.2004. at the Workshop Meeting. Second by Councilmember Moser. Motion carried. Ayes: Engelken, Beasley, Moser, Rigby, Clausen, Mosteit, Griffiths and Porter Nays: None Abstain: None 13. Council to discuss November and December City Council Meeting dates. The City Council Meeting dates will be Monday, November 8, 2004, and Monday, December 13,2004, at 6 p.m. Ifnecessary, Special Meetings will be called. 14. The Regular Meeting was closed and the Workshop Meeting opened at 9:42 p.m. A. Due to allergies, Main Street Coordinator Debra Dye was unable to discuss the status of the Downtown Revitalization Program. B. Mayor Porter discussed appointments for Boards and Commissions. The Workshop Meeting closed at 10:02 p.m. 15. Council to consider approval ordinances appointing members to various boards, commissions and committees. Assistant City Attorney Clark Askins read: ORDINANCE 2004-82 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Rigby to table the Building Codes until the October 25. 2004 Council Second by Councilmember Mosteit. Motion carried. 16. Administrative Reports City Manager Debra Feazelle reminded Council of the Second Annual Precinct Two Economic summit on Friday, October 15,2004, at San Jacinto College (Central Campus) from 7:30 a.m. until 2:00 p.m.; and the TML Conference on Wednesday through Friday, October 27-29,2004 in Corpus Christi, Texas. 17. Council Comments Beasley, Griffiths, Engelken, Mosteit, Clausen, Rigby, Moser and Porter had comments. 18. EXECUTIVE SESSION - It was the consensus of Council to move Executive Session due to having an out of town attorney. Council went into Executive Session at 6:12 p.m. Council returned to the table at 6:45 p.m. City Council Regular Meeting, Public Hearings and Workshop Meeting - October 11, 2004 - Page 6 19. CONSIDERATIONS AND POSSIBLE ACTION ITEMS CONSIDERED IN EXECUTIVE SESSION -, ,~, There was no action taken in Executive Session. 20. There being no further business to come before Council, the Regular Meeting was dully adjourned at 10:02 p.m. Respectfully yours, ~~~ Martha Gillett, TRMC City Secretary Passed and approved on this 25th day of October 2004 ~~~~ Mayor Alton E. Porter -,. -