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Home My WebLink About2007-04-23 Minutes of a Regular Meeting and Workshop Meeting of the La Porte City Council MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL April 23, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:06 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Louis Rigby, Barry Beasley, Chuck Engelken and Mike Clausen. Members of Council Absent: Howard Ebow. Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief Richard Reff, Interim City Manager John Joerns, Interim Finance Director Michael Dolby, Planning Director Wayne Sabo, Public Works Director Steve Gillett, Economic Development Coordinator Gretchen Black, Parks and Recreation Director Stephen Barr, Assistant Public Works Director Don Pennell and Assistant City Secretary Sharon Harris. Others Present Shar Lynch, Dottie Kaminski, John Handy, Tiara Lewis, John Nesvadba, Vanessa Garner, Chris Williams, Eric Methol, Sharon Nutt, Mitchell White, E. Neese, Joseph Finch, Brian Adams, Jay Dunham, Trent Wise and a number of Red Suspenders members and citizens.. 2. Reverend Michael Davis of First Assembly of God Church delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A TIONS/PROCLAMA TIONS: A. Mayor Porter presented a proclamation to Jay Dunham for Red Suspenders Shrimp Boil Week. B. Mayor Porter presented a Municipal Clerks Week Proclamation to City Secretary Martha Gillett and Assistant City Secretary Sharon Harris. Council took a break from 6: 16 p.m. to 6: 18 p.m. to purchase Shrimp Boil tickets. 5. Consent Agenda A. Consider approving Minutes of the Special Called Joint Meeting of La Porte Development Corporation Board of Directors and the La Porte City Council held on March 26,2007. B. Council to consider approval or other action regarding a resolution authorizing the Interim City Manager to sign grant and other documents for "Click It or Ticket" campaIgn. City Council Meeting and Workshop Meeting - April 23, 2007 Page 2 C. Council to consider approval or other action authorizing the Interim City Manager to secure a Resolution for the submission of the Victim Coordinator and Liaison Grant for further funding for the Victims Assistance Liaison position. Motion was made bv Council member Clausen to approve the consent agenda with an amendment to the minutes indicating Council member Mike Clausen was present. Second by Council member Mosteit. Motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Clausen, Rigby, and Porter. Nays: None Abstain: None Absent: Ebow 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Ray M. Wall- Tax issues for 2006. Mr. Wall did not show up at the meeting to speak. Mayor requested and City Council agreed to postpone consideration of Item 7 until after the City Council had met in Executive Session. 7. Council to consider approval or other action regarding a resolution authorizing the publication of notice of intention to issue $8.7 million in Certificates of Obligation, and approving and authorizing the first and second publication of Notice ofIntent to Issue. Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Additionally, there was a Financial Advisor representative available to answer questions. Mr. Dolby explained that attached to the proposed Resolution was an exhibit which contained the actual Notice of Intention as would appear in the newspaper, and which was in the backup materials. This was referenced as Resolution Exhibit "Version A". Mr. Dolby passed out a second option (noted as Resolution Exhibit "Version B") for the proposed Notice ofIntention, which deleted reference to acquisition ofland and building at 912 West Main Street contained in Resolution Exhibit "Version A." M. Dolby advised that passing the Resolution with Resolution Exhibit "Version B" would reduce the total amount of the bond offering since the City would not be issuing debt to pay for 912 Main Street. Assistant City Attorney Clark Askins read: RESOLUTION 2007-09 _ A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS; AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. City Council Meeting and Workshop Meeting - April 23, 2007 Page 3 member Beaslev. The motion carried. Resolution Exhibit Version "B" replaces the Exhibit Version "A" contained in the backup materials. The Exhibit attached to the passed Resolution is to be labeled "Exhibit A", to be consistent with reference in Section 2 of the body of the Resolution to "Exhibit A", but will contain the wording of Resolution Exhibit "Version B". Ayes: Mosteit, Clausen Beasley, Engelken, and Porter. Nays: Moser and Rigby Abstain: None. Absent: Ebow Mr. Rigby and Mr. Moser wanted it noted for the record they are in favor of the Wastewater Treatment Plant and Golf Course projects but since the ball field project is also included they voted no due to not supporting the ball field project. 8. Council to consider approval or other action regarding an ordinance authorizing an agreement between the City and Bayway Homes to construct a home at 210 North 6th Street. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2983 _ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BA YW A Y HOMES FOR CONSTRUCTION OF A HOME AT 210 NORTH 6TH STREET, ALSO DESCRIBED AS LOTS 9-11 OF BLOCK 66, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $100,000.00 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 b Council member Moser to a rove Ordinance 2983 as Mr. Sabo. Second bv Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Clausen, Engelken, Rigby and Porter. Nays: None Abstain: None Absent: Ebow 9. Council to consider approval or other action regarding an ordinance authorizing an agreement between the City and Bayway Homes to construct a home at 224 North 6th Street. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2984 _ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BA YW A Y HOMES FOR CONSTRUCTION OF A HOME AT 224 NORTH 6TH STREET, ALSO DESCRIBED AS LOTS 3-4 OF BLOCK 66, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $98,000.00 TO FUND SAID City Council Meeting and Workshop Meeting _ April 23, 2007 Page 4 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 b Council member Moser to a rove Ordinance 2984 as Mr. Sabo. Second by Council member Mosteit. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Clausen and Porter. Nays: None Abstain: None Absent: Ebow 10. Close Regular Meeting and Open Workshop at 6:27 p.m. Council discussed Street Maintenance and received report from Public Works Director Steve Gillett. Council directed staff to move forward repairing one concrete street and as many overlay projects with the remaining funds. Staffwill bring back more infonnation once the concrete and overlay costs have been detennined. 11. Closed the Workshop meeting and reconvened Regular Meeting at 7:00 p.m. 12. Administrative Reports Interim City Manager John Joerns provided Council with the following Administrative Reports. Nonnan Malone Memorial Golf Tournament Benefiting Education Foundation April 25, 2007 8:00 a.m. & 1 :00 p.m. Shotgun at Bay Forest Golf Course, Sylvan Beach Day Parade and Festival April 28, 2007, Mayor's Prayer Breakfast May 3, 2007 at Senior Services at La Porte Senior Services Center, National Day of Prayer May 3,2007 at Noon at La Porte City Hall, Bay Area Houston Economic Partnership (Commissioner Garcia Present "Project Stars") May 3, 2007 11 :30 a.m. - 1 :00 p.m. at Bay Oaks Country Club and City of La Porte, La Porte Independent School District and San Jacinto College District Joint Election May 12,2007, City Council Meeting May 21,2007 at 6:00 p.m. and City Offices will be closed Monday May 28,2007 for Observance of Memorial Day. 13. Council Comments Engelken, Mosteit, Clausen, Rigby, Moser, Beasley and Porter had comments. 14. 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) A. SECTION 551.072 (DELlBERA TIONS ABOUT REAL PROPERTY) MEET WITH INTERIM CITY MANAGER, DIRECTOR OF PLANNING, DIRECTOR --~---"'---"......_..__..._"_._--------.._., City Council Meeting and Workshop Meeting _ April 23, 2007 Page 5 OF PARKS AND RECREATION, AND CITY ATTORNEY FOR THE PURPOSE OF DEL/BERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTIES B. SECTION - 551.087 - (ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS TO DISCUSS PROJECT CORVETTE C. SECTION - 551-087 - (ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH INTERIM CITY MANAGER, CITY CONSULTANT/ADVISOR AND CITY ATTORNEY, REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS TO DISCUSS PROJECT AUSTIN POWERS D. SECTION - 551.087 - (ECONOMIC DEVELOPMENT) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS IDA NEGOTIATIONS E. SECTION - 551.071(A) - (PENDING OR CONTEMPLATED L/TIGA TION) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS CASE OF CITY OF LA PORTE VS. 200 GARFIELD, LLC. Council retired to Executive Session at 7:08 p.m. and returned to the Regular Meeting and reconvened at 7:32 p.m. See above for vote on item 7. Council retired to Executive Session for the second time at 7:39 p.m. and returned to the Regular Meeting reconvened at 8:53 p.m. with no action taken. 15. Considerations and possible action on items considered in Executive Session. 16. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:55 p.m. ~ctfully submitted, _ i[j~~MC City Secretary ~ed and app~v~st day of May 2007 May~. Porter