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Home My WebLink About2005-03-14 Regular Meeting and Public Hearing of La Porte City Council Minutes ~.- ~ MINUTES OF REGULAR MEETING AND PUBLIC HEARING MEETING OF THE LA PORTE CITY COUNCIL March 14, 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, Mike Mosteit, Louis Rigby and Peter Griffiths Members of Council Absent: Mayor Porter and Councilmember Ebow Members ofCitv Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, City Attorney Knox Askins, Fire Chief Mike Boaze, Police Chief Richard Reff, City Secretary Martha Gillett, Public Works Director Steve Gillett, Assistant Public Works Director Don Pennell, EMS Chief Ray Nolen, Planning and Community Development Director Wayne Sabo, Assistant Finance Director Michael Dolby, Parks and Recreation Director Stephen Barr, Assistant Fire Chief Champ Dunham and Purchasing Manager Susan Kelley Others Present: Reverend Wayne Spears, Dottie Kaminski, Evelyn Kennedy, Spero Pomonis, Tom Campbell, Barbara Norwine, Delia Claus, Sue Gale Mock Kooken, Mr. & Mrs. Felix Aleman, Bill White, Charlie Doug Boyle, Councilmember Griffiths' in-laws (Silvia De Rivera and Carlos Rivera) Houston Chronicle's Carol Christian and other citizens and students 2. Reverend Wayne Spears of Fairmont Park Baptist Church of La Porte delivered the invocation. 3. Mayor Pro Tern Barry Beasley led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS A. Mayor Pro Tern Beasley and Council presented City Attorney Knox Askins with a Certificate of Appreciation in honor of 40 years of service to the City. B. Mayor Pro Tern and Council, and Assistant Finance Director Michael Dolby presented Leann Williams with a plaque in honor of "Employee of the Year" for 2004. C. Mayor Pro Tern and Council recognized retiree Felix Aleman for thirty years of service with the City. 5. Consent Agenda A. Council to consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting held on February 28,2005. B. Council to consider awarding Bid #S0010 - Sale of Property, 526 San Jacinto Street to Neighborhood Centers, Inc., in the amount of $42,250. C. Council to consider approval of Interlocal Agreement. D. Council to consider approval of the attached Takings Resolution declaring a public interest in acquiring property as described. E. Council to consider approval of an ordinance authorizing the City Manager to execute an Agreement for Professional Services with Ray and Hollington AlA Architects for design of Fire Station #3 and allocate $68,250 to fund said agreement. City Council Regular Meeting and Public Hearing Meeting - March 14, 2005 Page 2 F. Council to consider approval of an ordinance authorizing the de-annexation of a 1.420 acre tract out of the Enoch Brinson Survey, A-5. G. Council to consider approval of two individual ordinances. The first ordinance authorizes the City Manager to execute an Industrial District Agreement with Mr. Ashley Madre and Mr. Jason Willingham. The second ordinance authorizes the City Manager to execute a Water Service Agreement, a Sanitary Sewer Service Agreement, and a Utility Extension Agreement with Mr. Madre and Mr. Willingham. Items Band E were pulled from the Agenda for discussion. Council's questions were answered. Motion was made by Councilmember Engelken to approve Consent Items C, D, E, F and G as presented. Second by Councilmember Griffiths. Motion carried. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby Nays: None Abstain: None Motion was made bv Councilmember Clausen to approve Consent Item A as presented. Second by Councilmember Moser. Motion carried. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, and Rigby Nays: None Abstain: Griffiths Motion was made by Councilmember Engelken to approve Consent Item B as presented. Second by Councilmember Mosteit. Motion carried. Ayes: Engelken, Moser, Mosteit, Clausen, and Rigby Nays: None Abstain: Griffiths and Beasley 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott was not present to speak. Delia Claus of 808 South 2nd Street, La Porte, Texas - stated that there is no peace in her neighborhood; citizens smoking in the front yard and trash in the area. Evelyn Kennedy of 122 South ih Street, La Porte, Texas - congratulated City Attorney Knox Askins on his 40 years of service with the City; Mrs. Kennedy complimented the City, thanked Council for the Senior Citizen's programs, thankful for the downtown revitalization, and requested that the concrete blocks be painted yellow for safety purposes. Ronnie Woods was not present to speak. 7. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:27 p.m. Review by Staff - Director of Planning and Community Development Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input - Mary McLain of 123 South 1 st Street, La Porte, Texas questioned if a traffic impact study has been done, and would this possibly make the traffic worse. City Council Regular Meeting and Public Hearing Meeting - March 14,2005 Page 3 The Planning & Zoning Commission, by a unanimous vote (7-0) recommends to City Council approval of Rezone Request #R05-00 1. The Public Hearing was closed at 6:35 p.m. 8. Council to consider taking action on recommendation for approval by P&Z for 15.6064 acres ofland located in the W.M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The applicant, Fairmont Park Joint Venture, seeks to rezone the property from GC to R-l for single-family dwellings. Assistant City Attorney Clark Askins read: ORDINANCE 150 I-GGGG - 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 GENERAL COMMERCIAL TO LOW DENSITY RESIDENTIAL REQUESTED BY THE FAIRMONT PARK JOINT VENTURE, THE TRUSTEE OF THIS 15.6064 ACRE TRACT LOCATED IN THE W.M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS 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 Council member Engelken to approve Ordinance 1501-GGGG and Rezone Request #R05- 001 as presented. Second by Councilmember Clausen. Motion carried. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby Nays: None Abstain: None 9. Council to consider approval of an Ordinance authorizing the City Manager to execute a Contract with T&C Construction for Aeration Equipment Replacement at the Little Cedar Bayou Wastewater Treatment Plant in the amount of $520,000.00, and a contingency of $26,000.00. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2818 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND T&C CONSTRUCTION, LTD., FOR REPLACEMENT OF AERATION EQUIPMENT AT THE LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT; APPROPRIATING $520,000.00 PLUS A CONTINGENCY OF $26,000.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Rigby to approve Ordinance 2005-2818 as presented. Second by Councilmember Moser. Motion carried. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby Nays: None Abstain: None 10. Administrative Reports City Manager Debra Feazelle reminded Council and Staff of the Pre-Budget Council Retreat on Saturday, March 19,2005, from 8:30 a.m. until 12:30 p.m.; the Ith Annual Barbeque Cook-off on Saturday, March 19,2005, the gates open at noon, with a live auction at 7:00 p.m.; LPISD Facilities Task Force Committee Meeting at La Porte High School Lecture Hall on Wednesday, March 23, 2005, at 6:00 p.m.; and Spring Holiday on Friday, March 25, 2005; First Lady Tour on Main Street, Texas Historic Commission on Wednesday, March 30, 2005, at 10:00 a.m.; City Council Regular Meeting and Public Hearing Meeting - March 14,2005 Page 4 the La Porte "Neighborhood" 2005 Gala on Thursday, April 14, 2005, at Sylvan Beach Pavilion at 6:00 p.m.; and the Bay Forest Golf Course is Number 10 in the State; and Thursday, June 9, 2005, from 8:00 a.m. until 9:30 a.m. for the Juneteenth Breakfast. 11. Council Comments Beasley, Engelken, Moser, Mosteit, Clausen, and Rigby had comments; and special comments regarding La Porte's Kerron Clements' outstanding track breaking records. 12/13. Executive Session was cancelled. 14. There being no further business to come before Council, the Regular Meeting and Public Hearing were duly adjourned at 6:53 p.m. Respectfully submitted, ;!!J~tftaI City Secretary Passed and approved on this 28th day of March 2005 - InIMt O( Pro.fe IYl