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Home My WebLink About2005-05-23 Regular Meeting and Public Hearing of the La Porte City Council A MINUTES OF REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL May 23, 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, Barry Beasley, Mike Clausen, Peter Griffiths, Mike Mosteit, and Howard Ebow Members of Council Absent: Louis Rigby Members of City Executive Staff and City Employees Present: City Manager Debra F eazelle, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Public Works Director Steve Gillett, Director of Planning Wayne Sabo, EMS Chief Ray Nolen, Purchasing Agent Susan Kelley, Assistant City Manager Cynthia Alexander, Assistant Police Chief Aaron Corrales, Engineering Technician Supervisor Brian Sterling, Planning Department Isaac Rodriguez, Emergency Management Coordinator Jeff Suggs, Assistant Fire Chief Champ Dunham, Parks and Recreation Director Stephen Barr, Assistant City Attorney and Assistant City Secretary Sharon Harris. Others Present: Reverend Mark Redd, Wayne Hammond, Sue Gale Mock Kooken, Bill Scott, Theresa John, Charlie Young, Mary Gay, Paul Johnson, Erick Gifford, Rick Dietwiler, Aka Momin, Nazar Momin 1.J. Meza, Bernard Legrand, Paul Larson, Charlie G. Perry, Brenda Jerrell, Charles Underwood, Carol Christian of the Houston Chronicle, Sib Carpenter, Nick Barrera, Chamber of Commerce President Colleen Hicks and other citizens and students. 2. Reverend Mark Redd of Bayshore Baptist Church delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A TrONS / PROCLAMA TrONS Mayor Porter presented Assistant City Attorney John Armstrong with a certificate of appreciation in honor of twenty-five years of service to the City. 5. Consent Agenda A. Council to consider approving Minutes of the Special Called Regular Meeting held on May 16,2005. B. 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 the renovation of Fire Station #2 and allocate #37,500 to fund said agreement. C. Council to consider and take action to renew the City of La Porte's cooperative agreement with Harris County Community & Economic Development Department (HCCEDD) for participation in the Community Development Block Grant (CDBG) program and direct staff to forward a letter to HCCEDD to formally renew the cooperative agreement to participate in the CDBG program. D. Council to consider awarding a bid for Annual Mowing in the amount of$35,000 E. Council to consider continued participation of the Pre-Disaster Mitigation Planning and accept the approved changes by FEMA for multi-jurisdictional plan. F. Council to consider approval of joint resolution with the City of Shoreacres regarding a proposed park at property located at the west fork of Taylor Bayou. City Council Regular Meeting and PublIc Hearing - May 23, 2005 Page 2 Motion was made by Councilmember Ebow to approve the consent agenda as presented. Second by Councilmember Griffiths. Motion carried. Ayes: Mosteit, Engelken, Ebow, Clausen, Moser, Griffiths and Mayor Porter. Nays: None Abstain: Beasley 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott informed the City Secretary he would not be speaking on Board of Adjustments this evening. 7. Public Hearing - Discuss recommendation for approval by Planning and Zoning to consider proposed amendments to the zoning ordinance (Chapter 106), Industrial area requirements to amend, change, or modify to permit truck stops in a business industrial zoning districts of the City of La Porte (Ord. 1501-0000) Open Public Hearing - Mayor Porter opened the Public Hearing at 6:08 p.m. Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview of the recommended changes to Chapter 106 - Zoning Ordinance. Public Input - Nazar Momin - 6306 Hiddencrest Way, Sugarland, Texas - Mr. Momin was not in favor of item 8 on the agenda this evening. Theresa John - 331 N. 1 st Street, La Porte, Texas - Ms. John was not in favor of item 8 on the agenda this evenmg. Erick Gifford - owns property on D and Sens Rd, La Porte, Texas - Mr. Gifford is in favor of item 8 on the agenda this evening. Charles Underwood - 421 N. 6th St, La Porte, Texas - Mr. Underwood informed Council he was not in favor of item 8. Paul Johnson - 4115 Shadowhaven, Fresno, Tx. - Mr. Johnson informed Council he was in favor of item 8. Charlie Young - 214 Reynolds Ct., La Porte, Tx. - Mr. Young informed City Council he is not in favor of item 8. Mary Gay - 305 N. 5th St., La Porte, Tx. - Ms. Gay informed Council she is in favor of item 8. Mr. Momin - he informed the Mayor he did not wish to speak. Bernard Legrand - 3115 Layne Court, La Porte, Tx. - Mr. Legrand informed Council he is not in favor of item 8. Bill Scott - 1802 Lomax School Rd., La Porte, Tx. - Mr. Scott informed Council he is not in favor of item 8. Charlie Perry - 127 N. 4th St., La Porte, Tx. Mr. Perry informed Council he is in favor of item 8. Recommendation of Planning and Zoning Commission -Director of Planning Wayne Sabo informed Council it was the recommendation of the Planning and Zoning Commission is denial of the proposed amendments. The Public Hearing was closed at 7:01p.m. City Council Regular Meeting and PublIc Hearing - May 23, 2005 Page 3 8. Council to consider approval or other action regarding Ordinance 1501-0000 Assistant City Attorney Clark Askins read: ORDINANCE 1501-0000- CONSIDER APPROVAL OR OTHER ACTION OF 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 106-521 TABLE A, INDUSTRIAL USES, FOOTNOTES, AND SECTION 106-522, TABLE B, INDUSTRIAL AREA REQUIREMENTSS TO AMEND, CHANGE OR MODIFY TO PERMIT TRUCK STOPS IN A BUSINESS INDUSTRIAL 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 by Councilmember Moser to table Ordinance 1501-0000 as presented by Mr. Sabo. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Beasley, Clausen, Moser, Mosteit and Porter Nays: None Abstain: None 9. Council to consider purchase of plastic garbage bags from Jadcore, Inc. Motion was made by Councilmember Clausen to purchase Y2 ml bags. Second by Councilmember Moser. The motion carried. Ayes: Griffiths, Engelken, Beasley, Clausen, Moser, Mosteit and Porter Nays: Ebow Abstain: None 10. Council to consider approval or other action regarding an ordinance appointing a Mayor Pro-Tem of the City of La Porte, for the term expiring May 31, 2006. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2828 CONSIDER APPROVAL OF OTHER ACTION OF AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO- TEM OF THE CITY OF LA PORTE, FOR THE TERM EXPIRING MAY 31,2006; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Beaslev to approve Ordinance 2005-2828 as presented by Mayor Porter and appointing Councilmember Mosteit Mayor Pro- Tem. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Beasley, Clausen, Moser, Mosteit and Porter Nays: None Abstain: None 11. Council to consider approval of an ordinance authorizing the City Manger to execute a contract with Claunch & Miller, Inc. to provide professional services associated with City's web-based GIS project. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2829 CONSIDER APPROVAL OR OTHER ACTION OF AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND CLAUNCH & MILLER, INe. FOR THE PROVISION OF PROFESSIONAL SERVICES ASSOCIATED WITH THE CITY'S WEB BASED GIS PROJECT; APPROPRIATING $17,700 TO FUND SAID CONTRACT; MAKING V ARlOUS FINDINGS ANS PROVISIONS RELATING TO THE SUBJECT; FINDING V ARlOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH TO OPEN MEETINGS LAW; PROVING AN EFFECTIVE DATE HEREOF. - City Council Regular Meeting and Public Hearing - May 23, 2005 Page 4 Motion was made by Councilmember Engelken to approve Ordinance 2005-2829 as presented by Mr. Sabo. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Beasley, Clausen, Moser, Mosteit and Porter Nays: None Abstain: None 12. Council to consider approving an ordinance appointing positions to fill the remaining vacancies on Boards and Commissions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-F CONSIDER APPROVAL OF OTHER ACTION OF 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. Appointments Include: Fire Code Review Committee - District 3 - Woodrow Sebesta replaced Paul Hickenbottom. Main Street Advisory Committee - Jerry Carpenter, Paul Pieri and Bill Manning Chapter 172 - H.R. Representative - Cynthia Alexander will serve on an interim basis until a new H.R. Manager is hired. Motion was made by Councilmember Ebow to approve Ordinance 2004-2782-F as presented bv Mayor Porter. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Beasley, Clausen, Moser, Mosteit and Porter Nays: None Abstain: None The appointment to the Building Codes Appeal Board will be considered at the next meeting. 13. City Manager Debra Feazelle and Councilman Mosteit provided a report on the Flood Meeting with Commissioner Garcia It was noted that Harris County Commissioner Sylvia Garcia requested any flood complaints received at the City of La Porte also be directed to her office. 14. City Manager Debra Feazelle provided Mayor, Council and Staff with a report of the Legislative Update Received notification from TML on SB 914 - financial reporting passed. Bill 408 - a letter was sent opposing this bill. SB 2833 - TML requested we send an additional letter opposing this bill. Ms. Feazelle informed Council TML will be hosting a wrap up meeting in June to discuss new legislation. 15. Administrative Reports City Manager Debra Feazelle reminded Council of the Plant Manager's Appreciation Breakfast on May 25, 2005 at Sylvan Beach Pavilion, Memorial Day Holiday on May 30, 2005, Wave Pool Opens May 21,2005 and City - City Council Regular Meeting and Public Hearing - May 23, 2005 Page 5 Pools open May 28, 2005, Sylvia Garcia Breakfast June 16,2005 at Jennie Riley Center 8:00 a.m.-9:30 a.m. and Juneteenth Parade June 18, 2005 at Main and 8th Street at 10:00 a.m. 16. Council Comments Clausen, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit, and Porter had comments 17. 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 NEGOTIATIONS) 551.071 - (LEGAL MATTER) - MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS EAGLE CONSTRUCTION LITIGATION 551.072 - (LAND ACQUISITIONS) - MEET WIT 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 Council retired to Executive Session at 7:57 p.m. and returned to the Regular Meeting and reconvened at 8:35 p.m. 18. There was no action taken during Executive Session. 19. There being no further business to come before Council, the Regular Meeting and Public Hearing was duly adjourned at 8:36 p.m. Respectfully submitted, l/YJ/rJ-fl ildd M~hh~ fd1i1:tCT~C City Secretary Passed and approved on this 13th day of June 2005 0~~ Mayor Alton E.Porter