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HomeMy WebLinkAbout2005-05-09 Regular Meeting and Workshop Meeting of La Porte City Council MINUTES 01< KEGULAR MEETING AND WORKSH,-,.l MEETING OF THE LA PORTE CITY COUNCIL May 9, 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: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Mike Clausen, Peter Griffiths, Mike Mosteit, Louis Rigby, and Howard Ebow Members of Council Absent: Barry Beasley Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Police Chief Richard Reff, Parks and Recreation Director Stephen Barr, Patrol Officer Sherman Moore, Assistant Finance Director Michael Dolby, City Secretary Martha Gillett, Public Works Director Steve Gillett, Human Resources Manager Sherri Sampson, Assistant City Secretary Sharon Harris, Director of Planning Wayne Sabo, EMS Chief Ray Nolen, Purchasing Agent Susan Kelley, Assistant to the City Manager Crystal Scott, Assistant City Manager Cynthia Alexander, Sergeant Matt Daumer, Assistant EMS Chief Lisa Camp and Assistant Fire Chief John Dunham. Others Present: Reverend Morgan, Sue Gale Mock Kooken, Spero Pomonis, Gina Manlove, Jan Lawler, Dottie Kaminski, Claire Zaborowski, Brenda Porter, Mr. McNeal, James Gardner, Brian Lackey, Zarahi Venegas, Carlos de Garcia, Mr. and Mrs. Wayne Hammond, Leon Waters, Betty Waters, Sib Carpenter, Delia Claus, Colleen Hicks and other citizens and students. 2. Reverend David Morgan of First Baptist Church delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS Mayor Porter presented a proclamation in honor of "EMS Week and Trauma Awareness Month". EMS Chief Ray Nolen was present to accept the proclamation. 5. CONSENT AGENDA A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting held on April 25, 2005. B. Council to consider approval or other action regarding an ordinance authorizing an agreement with Dain Rauscher for financial advisory services. C. Council to consider awarding bid for Fly Ash Stabilized Calcium Sulfate (GS-200). D. Council to consider awarding bid for Flexible Crushed Limestone. E. Council to consider approval or other action regarding an ordinance authorizing a service agreement by and between the City of La Porte, Texas, Tax Increment Reinvestment Zone Number One for a term of one year with the option for two one year renewals per Section One of the agreement. F. Council to consider approval or other action regarding an ordinance amending Section 9 A of the Employee Policies Handbook. City Council Regular and Workshop Mt:t:ting - May 9, 2005 Page 2 Motion was made by Councilmember Griffiths to accept consent agenda as presented. Second by Councilmember Mosteit. The motion carried unanimously. Ayes: Mosteit, Engelken, Ebow, Clausen, Rigby, Moser, Griffiths and Mayor Porter. Nays: None Abstain: None 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 and did not speak at the meeting. At this point, Mayor and Council moved item 12 for discussion due to guests making a presentation. Citizen's addressing Council: Phil Murray - 5328 Patrick Henry, Bellaire, Texas 77401 - Mr. Murray noted he was one of the owner's of Chern Coast and encouraged Council to approve item 9 on the agenda. James Gardner - 11801 North H., La Porte, Texas 77571 - Mr. Gardner advised Council he is opposed to item 9 on the agenda. Frank Hanzelka - 11803 Ave. H., La Porte, Texas 77571 - Mr. Hanzelka encouraged Council not to approve item 9 on the agenda. Sam Ford - 11828 North H., La Porte, Texas 77571 - Mr. Ford informed Council he is one of the owner's of Chern Coast and encouraged Council to approve item 9 on the agenda. 7. Council to consider approval for calling a Special Meeting on May 16, 2005 to canvass votes from the General Election held on May 7, 2005. Motion was made by Councilmember Griffiths to approve Special Meeting as presented by Mayor Porter. Second by Councilmember Moser. The motion carried unanimously. Ayes: Ebow, Griffiths, Engelken, Young, Clausen, Rigby, Moser and Porter Nays: None Abstain: None 8. Council to consider adopting an ordinance amending, Fire Marshal, Section 38-57, Appointment; Qualifications, 6 of the Code of Ordinance of the City of La Porte to remove specific qualifications for the Fire Marshal position. Human Resources Manager Sherri Sampson presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Rigby to deny Ordinance 2005-2821-A as presented by Ms. Sampson and keep current ordinance in place. Second by Council member Moser. The motion carried unanimously. Ayes: Porter, Ebow, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby Nays: None Abstain: None 9 Council to consider and take action on ordinance to rezone 2.08 acres of land located at 11820 North "H" Street from R-l to GC as requested by applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation would require a % vote or 7 of 9 members. Item was previously tabled at the March 28, 2005 and April 25, 2005 meeting. City Council Regular and Workshop Meeting - May 9, 2005 Page 3 Director of Planning and Community Development Wayne Sabo presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Griffiths to accept the recommendation of the Planning and Zoning Commission to deny request. Second by Councilmember Rigby. The motion failed. Ayes: Engelken, Moser, Griffiths and Rigby Nays: Porter, Mosteit, Ebow and Clausen Abstain: None Motion was made by Councilmember Clausen to approve the request ofthe applicant. Second by Council member Mosteit. Council member Clausen withdrew his motion. Motion was made by Council member Mosteit to table this ordinance until a full Council was present Second by Council member Clausen. The motion carried Ayes: Porter, Mosteit, Engelken, Ebow, Moser, Rigby and Clausen Nays: Griffiths Abstain: None 10. Council to direct staff to formalize the Comprehensive Plan Review Committee and commit resources in support. Motion was made to form a new committee to review the comprehensive plan including a representative from District 4. Second by Council member Griffiths. Motion carried unanimously. Ayes: Porter, Griffiths, Mosteit, Engelken, Ebow, Moser, Rigby and Clausen. Nays: None Abstain: None Council member Moser to provide name of representative for District 4 to the City Secretary's Office. 11. Council to consider approving an ordinance appointing position to fill the remaining vacancies on Boards and Commissions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-E- 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; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Clausen to appoint Lester Clark to the Fire Code Review Committee position 6 and Lindsay Pfeiffer as Chairman of the TIRZ and Redevelopment Boards. Second by Councilmember Griffiths. The motion carried. Ayes: Porter, Ebow, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby Nays: None Abstain: None It was further noted this will be placed on the May 16th and the May 23rd agenda's for appointments of other vacant positions. 12. City Council and Staff received a presentation by Jan Lawler, Alliance and Gina Manlove, Chairperson of Quality of Life Task Force. ._~. City Council Regular and Workshop Meeting - May 9, 2005 Page 4 It was the consensus of Council to support the "Project Stars" program. 13. City Manager Debra Feazelle provided Mayor, Council and Staff with a report of the Legislative Update. The following legislative bills were discussed: HB 2097 nuisance - City of Austin Only (no position) HB 2236 - permitting fees - would adversely affect the City - TML has requested we send a letter to oppose. The consensus of Council was to send opposing letter. HB 2833 - takings bill- have already written letter. HB 914 - financial disclosures - TML requested we oppose - it was the consensus of Council to send opposing letter. SB 573 - zoning and vesting rights - TML requested we oppose - it was the consensus of Council to send letter opposing. New Bill- Amendment SB I Rider - takes limited Parks and Recreation money currently available and gives half of funds to Padre IslandBird Funding - consensus of Council to oppose. HB 159 - expenses for elections - can't use for education - consensus of Council to oppose HB 323, HB 2305 Annexation - Oppose HB 286 - open government training and excludes State Sentator's. - it was the consensus of Council to oppose. HB 2958 - bracketed bill for Harris County - creates rail district and allows Port of Houston to operate - It was the consensus of Council to oppose. HB 1882 - truck weight bill- back to committee - not expected to come out - staff is closely monitoring. HB 3179 - Cable vs. SBC - TML asked to oppose in current form. We originally supported. 14. Close Regular Meeting and Open Workshop at 7:57 p.m. A. Assistant City Attorney Clark Askins discussed rulings for overturning Planning and Zoning decisions. B. Assistant City Manager John Joerns and Assistant City Attorney Clark Askins discussed the Glen Meadows Issues Mike Mosteit, Tommy Moser and other Council members will meet with the four homeowner's and bring report back to a future Council meeting. Mike Mosteit will coordinate this event. C. Director of Planning and Community Development Wayne Sabo discussed the use of City Property for a Joint Venture Drainage Project affecting the Lakes at Fairmont Greens Subdivision and Bayforest Golf Course Council directed staff to move forward. 15. Closed Workshop and reconvened Regular Meeting at 9:03 p.m. 16. Administrative Reports Ms. Feazelle read a letter from the Police Officer's Association addressing a recent anonymous letter sent regarding police department issues. Ms. Feazelle informed the Council she would place an item on a future agenda to provide Council with a report regarding a recent meeting with Commissioner Garcia's office regarding drainage issues. City Council Regular and Workshop Meeting - May 9, 2005 Page 5 City Manager Debra Feazelle reminded Council of the City of La Porte Employee Picnic May 14,2005 at the Wave Pool, the Special Called Meeting on May 16,2005 to canvass the May 7, 2005 Election and the Memorial Day Holiday May 30, 2005. 17. Council Comments Rigby, Moser, Griffiths, Ebow, Engelken, Mosteit, Clausen, and Porter had comments. 18. 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 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 NEGOTIA TIONS) 551.072 (LAND ACQUISITIONS) - MEET WITH CITY MANAGER AND CITY ATTORNEY FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY 551.073 - (PROSPECTIVE GIFT OR DONATION) - MEET WITH CITY ATTORNEY AND CITY MANAGER TO DISCUSS PROSPECTIVE GIFT OR DONATION TO THE CITY 551.074 - (PERSONNEL MATTER) - CITY MANAGER'S EVALUATION AND JUDGE MITRANO'S EV ALUA TION Council retired to Executive Session at 9:24 p.m. and returned to the Regular Meeting and reconvened at 10:27p.m. 19. There was no action taken during Executive Session. 20. There being no further business to come before Council, the Regular Meeting and Workshop was duly adjourned at 10:28 p.m. Respectfully submitted, Lfr) a&t/a &r4!tLt/ Martha Gillett, TRMC City Secretary PO;:~15 ~aY of May 2005 Mayor Alton E.Porter