HomeMy WebLinkAbout2007-07-23 Special Called Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
MINUTES OF SPECIAL CALLED REGULAR MEETING, PUBLIC HEARING AND
WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
July 23, 2007
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, Council members Tommy Moser,
Louis Rigby, Barry Beasley, Howard Ebow, Mike Clausen, Georgia Malone, Mike Mosteit
and Chuck Engelken.
Members of Council Absent: None.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, Interim City Manager John Joerns, Public Works Director Steve Gillett,
Planning Director Wayne Sabo, City Secretary Martha Gillett, Director of Parks &
Recreation Stephen Barr, Building Official Debbie Wilmore and Interim Finance Director
Michael Dolby, Human Resource Manager Robert Swanagan, Assistant City Secretary
Sharon Harris, MIS Manager Al Owens, Economic Development Coordinator Gretchen
Black, Judge Mitrano, Assistant Police Chief Aaron Corrales, Assistant Utility
Superintendent Ray Mayo, Patrol Officer John Krueger.
Others Present: Dottie Kaminski, John Handy, Adam Yanelli, Shar Lynch, George Watkins,
Mr. & Mrs. Carl Crisp, Mr. Landrum, Tom Flanagan, David Janda, Christina Delegedillo
and other citizens.
2. Reverend Noel Perez of Glory Ministries Church of La Porte was not present to deliver the
Invocation, so it was delivered by Mayor Porter.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMA nONS
A. Council member At Large B presented George Watkins a proclamation for his
contributions
B. Milad Elias was not present to receive the proclamation for his contribution. It will
be delivered to his business.
C. Mayor Porter recognized the La Porte Police Officers Robby James, Mike Martin
and John Krueger for their accomplishments in the recent police Olympics.
D. Assistant Chief of Police Aaron Corrales and Interim City Manager John Joerns
recognized Retiree Lieutenant Carl Crisp and presented him with a watch.
E. Mayor Pro-Tern Louis Rigby, Assistant Utility Superintendent Ray Mayo, Utility
Supervisor Leonard Nichols and Public Works Director Steve Gillett presented
Employee of the 2nd Quarter to Rene Rodriguez
City Council Regular Meeting, Public Hearing and Workshop Meeting -July 23, 2007
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5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of La
Porte City Council held on June 25, 2007 and Minutes of the Special Called Regular
Meeting of the La Porte City Council held on July 16,2007.
B. Council to consider approval or other action authorizing a public hearing date for the
fifteen (15) substandard structures on August 27, 2007.
C. Council to consider approval or other action approving a resolution consenting to
the acquisition of additional right of way as needed by Harris County.
D. Council to consider approval or other action regarding an ordinance to vacate,
abandon, and close the West Tyler Street Right-of-Way from North 16th Street to
North 18th Street.
E. Council to consider approval or other action authorizing the Interim City Manager to
execute a contract with Mar-Con Services L.L.C. in the amount of$112, 013.50 to
construct phase II of the pond to park project.
Motion was made bv Council member Chuck Engelken to approve the consent agenda
as presented with the amendment to the Special Called Meeting Minutes noting Mike
Clausen was not present. Second by Mayor Pro-Tern Louis Rigby. Motion carried.
Ayes: Moser, Beasley, Engelken, Clausen, Ebow, Rigby, Mosteit, Malone and Porter.
Nays: None
Abstain: None
Absent: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Tom Flanagan - 490 Park Street, Beaumont Texas 77701 - addressed council to
encouraging City Council to extend lease and consider they brought value to the property
through improvements.
7. Public Hearing - Council to consider approval or other action on recommendation of
Planning & Zoning Commission to approve Special Conditional Use Permit #SCU 07-005
for a 5.914 acre tract being Reserved C3 out of :1::207 acres ofland located along Old
Underwood Road south of state Highway 225 and Union Pacific Railroad.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 28 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: There were no citizens wishing to provide input.
Recommendation of Planning & Zoning Commission - Council to approve Special
Conditional Use Permit #SCU 07-005 for a 5.914 acre tract being Reserved C3 out of :1::207
City Council Regular Meeting, Public Hearing and Workshop Meeting -July 23, 2007
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acres of land located along Old Underwood Road south of state Highway 225 and Union
Pacific Railroad
The Public Hearing was closed at 6:30 p.m.
8. Council to consider approval or other action regarding Ordinance 1501-W5 (SCU07-005)
Assistant City Attorney Clark Askins read: Ordinance 1501-W5- 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT
SCU07-005 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS,
TO-WIT: 5.914 ACRE TRACT, BEING RESERVE C3, OUT OF :f::207 ACRES OF LAND
(LOCATED ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225)
IN THE ENOCH BRINSON SURVEY, ABSTRACT-5, LA PORTE, HARRIS COUNTY,
TEXAS FOR THE PURPOSE OF DEVELOPING OFFICE/W AREHOUSE FACILITY
"CDC SPEC.#18" IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; 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 Mavor Pro-Tern Louis Rigby to approve Ordinance 1501-W5 #SCU-
07 -005 as recommended by Planning & Zoning Commission for the approval of 5 .914 acre
tract being Reserved C3 out of :f::207 acres ofland located along Old Underwood Road south
of state Highway 225 and Union Pacific Railroad. Second by Council member Mike
Mosteit. The motion carried unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow, Mosteit, Malone and Porter.
Nays: None
Abstain: None
Absent: None
9. Public Hearing - Council to consider approval or other action on recommendation of
Planning & Zoning Commission to approve an ordinance amending Chapter 106 (Zoning),
Table A, Section 106-441 by establishing hotes/motels as a "Conditional Use" in GC when
adjacent to residential R-I, R-2 and R-3 zoning districts.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:33 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: There were no citizens wishing to provide input.
Recommendation of Planning & Zoning Commission - City Council consider approval of an
ordinance amending Chapter 106 (Zoning), Table A, Section 106-441 by establishing
hotes/motels as a "Conditional Use" in GC when adjacent to residential R-l, R-2 and R-3
zoning districts
The Public Hearing was closed at 6:36 p.m.
10. Council to consider approval or other action regarding Ordinance 1501-X5
City Council Regular Meeting, Public Hearing and Workshop Meeting -July 23, 2007
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Assistant City Attorney Clark Askins read: Ordinance 1501-X5- 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 AMENDING DECISION 3, "COMMERCIAL DISTRICT
REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-441, "TABLE A,
COMMERCIAL USES", BY MAKING HOTELS AND MOTELS LOCATED WITHIN
GENERAL COMMERCIAL ZONING DISTRICTS A CONDITIONAL USE WHEN
ADJACENT TO RESIDENTIAL ZONED DISTRICTS; 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 Barry Beasley to approve Ordinance 1501-X5 as
recommended by Planning & Zoning Commission. Second by Council member Tommy
Moser. The motion carried unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow, Mosteit, Malone and Porter.
Nays: None
Abstain: None
Absent: None
11. Council to consider approval or other action recommending date of August 27,2007 for the
Public Hearing on the City's Fiscal Year 2007-2008 Proposed Budget.
Motion was made by Councilmember Mike Clausen to approve recommended date of
August 27, 2007 as presented by Mr. Dolby. Second by Mayor Pro-Tern Louis Rigby. The
motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: None
12. Council to consider approval or other action regarding approving a recommended date of
August 27, 2007 holding a Public Hearing for the purpose of discussing taxing certain
tangible personal property.
Motion was made by Councilmember Chuck Engelken approve recommended date of
August 27, 2007 as presented by Mr. Dolby. Second by Councilmember Georgia Malone.
The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: None
13.
Council to consider approval or other action regarding an ordinance amending the Fiscal
Year 2006-2007 Budget.
City Council Regular Meeting, Public Hearing and Workshop Meeting -July 23, 2UU7
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Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2918-G - AN ORDINANCE APPROVING
AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR
THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN
PREP ARA TION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made bv Mavor Pro-Tern Louis Rigbv to approve Ordinance 2918-G as
presented bv Mr. Dolby. Second by Councilmember Mike Mosteit. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: None
14. Council to consider approval or other action regarding a resolution declaring intention to
reimburse certain expenditures with borrowing proceeds.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: RESOLUTION 2007-12 - A RESOLUTION DECLARING
INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING
PROCEEDS.
Motion was made bv Councilmember Mike Clausen to approve Resolution 2007-12 as
presented bv Mr. Dolbv. Second by Councilmember Barry Beasley. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: None
15. Council to consider approval or other action authorizing the Interim City Manager to execute
an agreement with Huitt-Zollars to provide design phase services for the proposed Municipal
Court Facility at a cost not to exceed $191,800.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made bv Councilmember Tommy Moser to approve agreement as presented by
Mr. Gillett. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: None
City Council Regular Meeting, Public Hearing and Workshop Meeting -July Zj, ZUU7
Page 6
16. Council to consider approval or other action regarding a resolution authorizing the City
Attorney to obtain an appraisal of the City's 5.98 Acre Tract of Land, prepare for receiving
bids for the sale of said real property by the City of La Porte, subject to the existing lease on
said property, finding compliance with the open meetings law and providing and effective
date hereof.
Interim City Manager John Joerns presented summary and recommendation and answered
Council's questions.
Assistant City Attorney read: RESOLUTION 2007-13-A RESOLUTION AUTHORIZING
THE CITY ATTORNEY TO OBTAIN AN APPRAISAL OF THAT CERTAIN 5.98 ACRE
TRACT OF LAND, OWNED BY THE CITY OF LA PORTE, AND SITUATED IN THE
CITY OF MORGAN'S POINT, TEXAS, TO PREPARE FOR RECEIVING BIDS FOR
THE SALE OF SAID REAL PROPERTY BY THE CITY OF LA PORTE, SUBJECT TO
THE EXISTING LEASE ON SAID PROPERTY; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Barry Beaslev to approve Resolution 2007-13 and to
bring back to council after appraisal to determine whether or not to go out for bid as
presented by Mr.Askins. Second by Mayor Pro-Tern Louis Rigby. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
17. Close Regular Meeting and Open Workshop at 7:03 p.m.
A. Martha Gillett and Al Owens discussed paperless agenda Council directed staff with
direction to move forward with paperless agenda using laserfiche software. Staff to
determine if council could make footnotes on their agendas.
Mis Manager Al Owens informed council he will finalize the Laserfiche Records
Management Phase in the next 30 days.
Assistant City Attorney Clark Askins to check and see if there are any Charter
provisions that would prohibit a paperless agenda.
B. Wayne Sabo and John Joerns discussed sale of surplus properties and Council directed
staff with direction to move forward. Council directed staff to look at Lomax School
Road property to determine if it could be used for parking.
C. Wayne Sabo discussed construction of sidewalks/shared use pathways for La Porte and
provided staff with direction to move forward
D. John Joerns and Mike Stokes discussed truck route locations and Council directed staff
to provide staff with direction to move forward. Staff was requested to get history on
Underwood Road and other designations. Staff also requested to check on crane damage
that occurred in the Eagle Lodge Parking lot.
18. Closed the Workshop meeting and reconvened Regular Meeting at 8:21 p.m.
19. Administrative Reports
City Council Regular Meeting, Public Hearing and Workshop Meeting -July :n, lUU7
Page 7
Interim City Manager John Joerns provided Council with the following Administrative
Reports.
The Bayshore Sun honoring John Black's retirement and meeting of new publisher of the
Bayshore Sun Adam Yanelli July 26,20075:00 p.m. until 7:00 p.m. Houston Yacht Club,
National Night Out August 7, 2007, Budget Workshop Meetings August 13-17,2007 in the
Council Chambers.
20. Council Comments
Beasley, Malone, Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, and Porter had
comments.
21. 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 (DELIBERATION ABOUT REAL PROPERTY)
MEET WITH INTERIM CITY
MANAGER AND CITY
ATTORNEY TO DISCUSS
POTENTIAL LAND
ACQUISITION
B. SECTION - 551.087 - (ECONOMIC DEVELOPMENT)
MEET WITH INTERIM CITY
MANAGER, ASSISTANT AND
CITY ATTORNEY TO DISCUSS
IDA NEGOTIATIONS
Interim City Manager John Joerns advised there was no executive session.
22. Considerations and possible action on items considered in executive session.
There was no action taken during executive session.
23. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:33 p.m.
~ctfullY su~
Mart~, TRMC, CMC
City Secretary
Passed and approved on this J31'--day of August 2007
Mayor Alton E. Porter
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