HomeMy WebLinkAbout2005-02-28 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council
MINUTES OF REGULAR MEETING, PUBLIC HEARING MEETING
AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL
February 28, 2005
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, Barry
Beasley, Mike Clausen, Howard Ebow, Mike Mosteit, Louis Rigby and Mayor Alton Porter
Members of Council Absent: Peter Griffiths
Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle,
Assistant City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City
Attorney Clark Askins, Fire Chief Mike Boaze, Golf Course Superintendent Dennis Hlavaty,
Patrol Officer Matthew Novosad, Police Chief Richard Reff, City Secretary Martha Gillett,
Public Works Director Steve Gillett, Assistant City Secretary Sharon Harris, EMS Chief Ray
Nolen, Director of Planning and Community Development Wayne Sabo, Assistant Finance
Director Michael Dolby, Victims Assistance Liaison Carol Scott, Records Clerk Wendy Gottus,
Engineering Specialist Isaac Rodriguez, Parks and Recreation Director Stephen Barr and Human
Resources Manager Sherri Sampson, Municipal Judge Denise Mitrano, Human Resources
Specialist Nicole Hatter, Assistant Fire Chief Champ Dunham and Purchasing Manager Susan
Kelley
Others Present: Bill Scott, Dottie Kaminski, Barbara Norwine, Betty Moore, Delia Claus, Jim
Reinhartsen, Sue Gale Mock Kooken, Samantha Bryant, Rebecca Streery, Brittany Doyal, Clint
Tully, Sydelle Najer, Cindy Woods, Kemmica Green, Shakeira Woods, Zarahi Venegas, Trent
Wise, Essie Lee Wade, Jason Willingham, Kenneth Martin and other citizens and students
2. Reverend Dan Chappell of Fairmont Park Baptist Church of La Porte delivered the invocation.
3. Mayor Alton Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
A. Mayor Pro Tern Barry Beasley and Councilmember Tommy Moser presented Pleasant Hill
Baptist Church with a proclamation in honor of "Pleasant Hill Baptist Church Deliverance
Day".
B. Police Chief Richard Reffpresented employee, Wendy Gottus, with a plaque in honor of
"Employee of the Fourth Quarter of2004".
5. Consent Agenda
A. Council to consider approval of the Minutes of the Regular Meeting and Public Hearing held
on February 14,2005.
B. Council to consider awarding a bid for inspection and repair of Water Well Number 9 to
Weisinger Water Well, Inc. in the amount of $28,894.
C. Council to consider awarding Bid #05008 for specialized equipment as recommended by
Staff.
City Council Regular Meetinl Iblic Hearing and Workshop Meeting - Fe ary 28, 2005
Page 2
D. Council to consider adopting an ordinance amending Fiscal Year 2004-05 Budget for the
General CIP Fund to increase budget by $650,000 for the purchase of an aerial truck.
E. Councilmember Moser requested Item C be pulled for discussion.
Motion was made by Councilmember Moser to approve Consent Items A. B. D & E as
presented. Second by Councilmember Clausen. Motion carried.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby
Nays: None
Abstain: None
Due to Staff needing to research budget, Councilmember Beasley motioned to vote on Item C
later in the meeting, when staff found answers to Council's questions.
Once Staff answered Council's questions satisfactorily, Councilmember Moser made a
motion to approve Item C. Second by Councilmember Engelken. Motion carried.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA
Citizen Bill Scott of 1802 Lomax School Road, La Porte, Texas spoke about the Board of
Adjustments. During the last presentation to Council some members had a look of disbelief when
I stated that some feedlot supporters lied during their sworn testimony before the Board of
Adjustments concerning the feedlot. So we will take that item first as I detail out the facts that I
have.
First, we will view a video that most of you have seen, but this time I will ask you to count the
cattle with me. Normally, we have speakers there, but we will try it without them. What you saw
were cattle that numbered 43 and up to the middle 40's; and I under counted that first group. The
video proves that the feedlot had contained cattle of about 43 and 45 head at different times.
Ray Pittman was one of the feedlot group's star witnesses. Let's listen to what Ray Pittman said
after he swore an oath to tell the truth. Please keep in mind that Ray Pittman regularly drove past
the feedlot to get to his horse stall that was a hundred yards north of the feedlot. You will hear
Ray say, under oath, that there were only 20-25 head at the feedlot and then just overnight. The
cattle weren't there just overnight; the new herds came in and stayed for weeks as evidence by the
elaborate feeding system.
Ray Pittman recording: "I have been there since 1996 up to date; I have never seen any excess of
20-25 head of cattle overnight; that might have spent the night in this area, but never 45 head."
Ray Pittman lied under oath; as I publicly expose Ray Pittman in the future Council Meetings it
will become obvious that he repeatedly lied under oath on major issues. When he exposed
himself, as a liar, with his own testimony, your Board of Adjustment Chairman quickly laughed it
off and covered it up. For over two hours your Chairman allowed the feedlot supporters to carry
on with their lies and deceptions, slander and emotional tangents not even related to the feedlot.
Then your Chairman limited me to just seven minutes to respond to all of it and used part of that
to harass me with what Ray Pittman just lied about. He repeatedly told the feedlot owner that he
could take as long as he wanted.
City Council Regular Meetin~ Iblic Hearing and Workshop Meeting - Fe. lry 28, 2005
Page 3
Barbara Norwine of202 South Lobit apologized regarding the comment made at the Town Hall
Meeting; she takes back the comment about Public Works. Ms. Norwine stated Public Works is
very helpful and has assisted her each time she has called them.
At this point Mayor went back to item C on the consent. See motion and vote as noted
above on consent item.
11. This item was presented out of order.
Council to receive annual report and survey results on image from Bay Area Houston Economic
Partnership President Jim Reinhartsen. Mr. Reinhartsen provided Mayor and Council with an
overview of what Bay Area Houston handles for the City of La Porte.
Mr. Reinhartsen informed Mayor and Council that the most significant promotional material has
been the CD's that were used on 48,000 Continental Airline flights to promote regional cities,
which one was La Porte. Bay Area is going to have another 30 minute CD which will promote
each of the cities in our organization, which should go on the same flights. They have also
developed a marketing material to be used at National Trade Shows and Distribution Centers,
while it promotes entire region, there's a separate tab for La Porte, which Bay Area is excited
about and excited about La Porte's assistance.
Mr. Reinhartsen took a few moments to define who Bay Area Houston Economic Partnership is
regional economic development organization, with their primary focus being to retain, expand,
recruit and develop primary jobs. We have about 225 members, including nine cities, and two
counties. They have three revenue sources; City of La Porte and other cities, petrochemical
companies, school districts, universities, aerospace companies, about $800,000 year from the
State of Texas for technology outreach program, which they are using in the City of La Porte of
$100,000 year, from the State of Florida $565,000 for technology outreach program.
Their staff is about 15 people; marketing people, demographic people, people to purchase
technical data, and one lone NASA executive. They focus on three primary industries; aerospace
and aviation, bio-industries, and chemicals and commodities. Since they formed, they have had a
300% increase.
16. This item was presented out of order.
EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSUL T A TION WITH ATTORNEY, DELIBERATION REGARDING REAL
PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT 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 - (LEGAL MATTERS) - MEET WITH CITY MANAGER AND CITY ATTORNEY
ON LEGAL MATTERS
551.074 - (PERSONNEL MATTER) - MUNICIPAL JUDGE'S EVALUATION
Council retired to Executive Session at 6:40 p.m.
Council returned to the table at 8: 1 0 p.m. with no action taken.
City Council Regular Meeting ,blic Hearing and Workshop Meeting - Fel try 28, 2005
Page 4
7. Open Public Hearing - Mayor Porter opened the Public Hearing at 8: 11 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided a
discussion regarding amendments to Chapter 106 (Zoning) Section 106-433 Table B, and Section
106-522 Table B of the City Code of Ordinances (Ordinance 1501-FFFF).
Public Input - There was no public input.
Recommendation of Staff - Staff recommends approval of Ordinance 1501-FFFF by removing
the maximum height of 45'regulation for structures.
The Public Hearing was closed at 8:16 p.m.
8. Council to consider approving or denying an ordinance amending Chapter 106.
Director of Planning and Community Development Wayne Sabo presented summary and
recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-FFFF - 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, SECTION 106-443 Table B (COMMERCIAL) AND SECTION 106-522 TABLE B
(INDUSTRIAL), BY REMOVING THE MAXIMUM HEIGHT OF 45' REGULATION FOR
STRICTURES WITHIN THESE ZONING DISTRICTS OF THE CITY OF LA PORTE;
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 bv Councilmember Ebow to overturn Planning & Zoning and approve
Ordinance 1501-FFFF as presented by Mr. Sabo. Second by Councilmember Mosteit. Motion
carried.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby
Nays: None
Abstain: None
9. Council to consider approval of a Resolution authorizing the City Manager to execute all
contracts and agreements with the State of Texas, and such other parties as shall be necessary for
the implementation of the improvements to the La Porte Municipal Airport.
Director of Public Works Steve Gillett presented summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Rigby to approve Resolution 2005-04 as presented by Mr.
Gillett. Second by Councilmember Beasley.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby
Nays: None
Abstain: None
10. Council to consider approval of Ordinance 2005-2812, repealing Ordinance 93-1950 as
requested.
Assistant City Manager Cynthia Alexander presented summary and recommendation and
answered Council's questions.
City Council Regular Meetin~ lblic Hearing and Workshop Meeting - Fe; uy 28, 2005
Page 5
Assistant City Attorney Clark Askins read: ORDINANCE 2005-2812 - AN ORDINANCE
REPEALING ORDINANCE NO. 93-1950 AND ITS CODIFICATION IN CHAPTER 46,
SECTION 46-1, "CITY MARSHAL", OF THE CODE OF ORDINANCE OF THE CITY OF LA
PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Rigby to adopt Ordinance 2005-2812 with the
understanding to look into other options to resolve this issue as discussed in Executive Session.
Second by Councilmember Moser.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby
Nays: None
Abstain: None
12. Close Regular Meeting and Open Workshop Meeting at 8:24 p.m.
A. Director of Planning and Community Development Wayne Sabo and Engineering Technician
Supervisor Brian Sterling discussed acknowledgement to improve and create a GIS
Division within the City's Planning Department and acknowledge proceeding at appropriate
speed to respond to Fall City Council Retreat for improvements.
B. Assistant Finance Director Michael Dolby discussed automation of meter reading.
C. Director of Planning and Community Development Wayne Sabo discussed Council de-
annexing certain territory to consider approval of an ordinance authorizing the de-annexation
ofa 1.420 acre tract out of the Enoch Brinson Survey, A-5.
Mr. Sabo informed Council when they consider deannexation they will also be considering a
Water Service Agreement, a Sanitary Sewer Service Agreement, A Utility Extension
Agreement and a new Industrial District Agreement.
An action item to be brought back to City Council.
13. Close Workshop Meeting and Open Regular Meeting at 9:09 p.m.
14. Administrative Reports
City Manager Debra Feazelle reminded Mayor, Council and Staff about the LPISD Facilities
Task Force Committee Meeting on March 3, 2005 at Baker Junior High at 6:30 p.m.; Health Care
Town Hall Meeting on March 4, 2005 at Lee College (Tucker Hall) from 2 p.m. until 4 p.m.; the
National League of Cities Conference from March 11-14,2005 in Washington, D.C.; Pre-budget
Council Retreat on March 19,2005 at 8:30 a.m.; and the U.S. Army Corps of Engineers Permit
Application Response due March 4, 2005
15. Council Comments
Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby had comments.
18. There being no further business to come before Council, the Regular Meeting, Public Hearing and
Workshop Meeting were duly adjourned at 9:26 p.m.
EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
City Council Regular Meetinli, lblic Hearing and Workshop Meeting - Fet try 28, 2005
Page 6
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL
PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT 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)
551.072 (LAND ACQUISITIONS) - MEET WITH CITY A MANAGER AND CITY
ATTORNEY FOR THE PURPOSE OF DELIBERA TINB THE PURCHASE, EXCHANGE OR
LEASE OR VALUE OF REAL PROPERTY
551.074 (PERSONNEL MATTER)-CITY MANAGER'S EVALUATION
Council returned to the table at 9:26 p.m. with no action taken.
Respectfully submitted,
LfJ1llU/)tV~
Ja~h~ Gillett, TRMC
City Secretary
~ and approved on t:iS14ili day of March 2005,
, cJJP-/~
I Mayor "dton E. port~1