HomeMy WebLinkAbout2008-08-25 APPROVED Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council
MINUTES OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
AUGUST 25, 2008
1. Call to order
The meeting was called to order by Mayor Porter at 6:00 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council
members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, Howard
Ebow and Georgia Malone.
Members of Council absent: None
Members of City Executive Staff and City Employees Present: City Manager Ron
Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief
Kenith Adcox, Human Resources Manager Heather Weger, Building Official Debbie
Wilmore, Purchasing Manager Susan Kelley, Office Coordinator Melisa Lanclos, Finance
Director Michael Dolby, Assistant City Manager John Joerns, Administrative Assistant-Fire
department Tammy Kannar, Officer Kyle Jones, Main Street Coordinator Debra Dye,
Emergency Operations Center Intern Steven Simmons, Emergency Management
Coordinator Jeff Suggs, Director of Public Works Steve Gillett, Alex Osmond, Golf Course
Manager, Economic Development Coordinator Gretchen Larson, EMS Chief Ray Nolen,
GIS Manager Brian Sterling, Director of Parks & Recreation Stephen Barr, Director of
Planning Tim Tietjens, Accountant Gay Collins, Budget Officer Shelley Wolny, EOC
Assistant Kristen Gauthier, Planner Masood Malik, Fire Marshal Cliff Meekins, Fire Chief
Mike Boaze, and a number of other employees.
Others present: Adam Yanelli of the Bayshore Sun, Dan Chapell, Carol Christian of
Houston Chronicle, Barry Beasley, Jan Lawler, Dottie Kaminski, Kathryn Aguilar, Horace
Leopard, Vicky Campise, Charlie Perry, Chris Herbert, Mark Follis, Ted Powell, Kim
Powell, Dave Klingman, Lori Druckenbrout, Bob Stokes, Charles Lawrence, Patricia Clark
Maggie Anderson, Colleen Hicks and a number of citizens.
2. Dan Chappell of the Ministerial Alliance led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. Presentations/ Proclamations
Council received a report from Chris Herbert of the Goodyear Chemical Company on an
incident that took place on August 3, 2008.
5. Consent Agenda
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 2
A. Council to consider approving minutes of the Regular Council Meeting for Budget
Workshop Meetings on Proposed Budget and Public Hearings on
Recommendations of Planning and Zoning Commission, and other matters of the
La Porte City Council held on August 11 and 12, 2008 - M. Gillett
B. Council to consider authorizing the City Manager to execute an agreement letter
between La Porte EMS and companies located within the Battleground Industrial
District for emergency medical services (Ord. 3095) - R. Nolen
C. Council to consider approval of Ordinance authorizing the City Manager to execute
a Utility Attachment Agreement for On-System Bridges (Ord. 3096) - S. Gillett
D. Council to consider approval of an Ordinance approving an agreement between
the City and the La Porte - Bayshore Chamber of Commerce (Ord. 3097) - R.
Bottoms
E. Council to consider approval of an Ordinance authorizing the City to enter into an
Industrial District Agreement, Water Service Agreement and Sanitary Sewer
Service Agreement with Bayport II Mountain West Houston, LLC. (IDA 2007-110
Ord. 3098, 3099 and 3100) - 1. Tietjens
F. Council to consider approval or other action authorizing the City Manager to
execute an Industrial District Agreement (Ord. 2007-IDA-109) between the City of
La Porte and US Industrial REIT II - R. Bottoms
Motion was made by Council member Enqelken to approve the consent aqenda as
presented. Councilmember Mosteit second the motion. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Abstain: None
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council
Bob Stokes, President of Galveston Bay Foundation thanked the City of La Porte for the
"Bike by the Bay" scheduled for October 18 and 19.
Lori Druckenbrout, 11315 North "H" Street wants to see changes to the electric fence
ordinance.
Kathryn Aguilar, 3119 Fondren voiced her concerns with the Economic Development
Corporation and ethics code for the same, and asked for an audit. In addition, Ms. Aguilar
informed the Council a current employee with the City of La Porte was engaged in
significant job related violations while employed by another City.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 3
Charlie Perry, 127 N. 4th St., is concerned with the water and sewer fees.
Ted Powell, 1700 Roscoe questioned the ethics of the Economic Development
Corporation Board, and also his concerns with the Sylvan Beach Pavilion.
7. Public Hearing- Council to consider approval or other action regarding an Ordinance
on FY 2008-2009 Proposed Budget. (Ord. 3101) - M. Dolby
Mayor Porter opened the Public Hearing at 6:43 p.m.
Finance Director Michael Dolby presented summary and recommendation and answered
Council questions.
Public Input:
Vicki Campise, 1902 Roscoe asked if there was money in the budget to regulate traffic and
pedestrians along Main Street
Kathy Aguilar, 3119 Fondren would like to see more money used toward the Pavilion and
restrooms in the park. She encouraged high ethical standards and would like to see the
City of La Porte adopt and implement and ethics policy. Ms. Aguilar further noted it had
been brought to her attention that a current City of La Porte employee was engaged in
significant ethical job related violations while employed by another City.
Ted Powell, 1700 Roscoe said he would like to see the City's records, budget documents
more easily obtainable, and allow the citizens input in budget process. He is concerned
with the Industrial areas for sheltering in place purposes. He would like to see council
meetings televised, curbside recycling, student volunteer participation and also noted
concerns with ethics issues.
Recommendation of Staff - Council to adopt FY 2008-2009 Proposed Budget
Mayor Porter closed Public Hearing at 7:41 p.m.
8. Assistant City Attorney Clark Askins read: ORDINANCE 3101- AN ORDINANCE
APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN
PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AND EFFECTIVE DATE.
Motion was made by Councilmember Ebow to approve Ordinance 3101. Second by
Councilmember John Black. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 4
Absent: None
9. Council to consider approval or other action ratifying the projected property tax revenues
collected as reflected in the FY 2008-2009 Budget - M. Dolby
Motion was made by Councilmember Black to ratify the proiected property tax revenues
collected as reflected in the FY 2008-2009 Budqet as presented by Mr. Dolby. Second by
Councilmember Ebow. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
10. Council to consider approval or other action approving an ordinance amending Chapter 50
"Appendix A, Fees", of the Code of Ordinances of the City of La Porte, by increasing golf
course user fees- (Ord. 2837-F) - M. Dolby
Finance Director Michael Dolby presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2837-F- AN ORDINANCE
AMENDING "APPENDIX A, FEES," OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY INCREASING USER FEES FOR GOLF CARTS, CONTAINING A
REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Clausen to approve Ordinance 2837-F as presented
by Mr. Dolby. Second by Councilmember Mosteit. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebowand Porter
Nays: None
Abstain: None
Absent: None
11. Council to consider approval or other action regarding a Resolution for acceptance of the
Harris County Appraisal Roll - (Res. 2008-08) - M. Dolby
Finance Director Michael Dolby informed Council this item needed to be tabled since we
have not received the Appraisal Roll from the County.
Motion was made by Councilmember Riqby to table this item until a future meetinq.
Second by Councilmember Clausen. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 5
Abstain: None
Absent: None
12. Council to consider approval or other action regarding an Ordinance establishing the Tax
Rate FY 2008-2009 Fiscal Year at $ .71 cents per hundred dollar valuation - (Ord. 3102)-
Finance Director Michael Dolby informed Council this item needed to be tabled since we
have not received the Appraisal Roll from the county.
Motion was made by Council member RiQby to table this item until the September 22. 2008
Council MeetinQ. Second by Councilmember Clausen. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebowand Porter
Nays: None
Abstain: None
Absent: None
13. Council to consider approval or other action regarding an Ordinance amending
the mailing notification requirement and abatement fee schedule (Ord. 2003-2623-C) - D.
Wilmore
Building Official Debbie Wilmore presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2003-2623-C, AN ORDINANCE
AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING ARTICLE IV, "UNSANITARY, UNSIGHTLY
CONDITIONS ON PRIVATE PREMISES," SECTION 34-131 "SAME - SERVICE
METHODS," AND AMENDING APPENDIX A "FEES"; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to approve Ordinance 2003-2623-C as
presented by Ms. Wilmore. Second by Councilmember Engelken. Motion carried.
Ayes: Mosteit, Clausen, Moser, Black, Engelken, Ebow and Porter
Nays: Rigby and Malone
Abstain: None
Absent: None
14. Council to consider approval or other action regarding an Ordinance authorizing the City
Manager to execute a Letter Agreement with C. Berdon Lawrence (Ord. 3103) - J. Joerns
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 6
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3103, AN ORDINANCE APPROVING
AND AUTHORIZING A LETTER AGREEMENT BETWEEN THE CITY OF LA PORTE
AND C. BERDON LAWRENCE, AUTHORIZING THE RELEASE AND CONVEYANCE OF
AN EXISTING SANITARY SEWER EASEMENT AND A LIFT STATION SITE,
AUTHORIZING INSTALLATION OF ALTERNATE SANITARY SEWER SERVICE BY C.
BERDON LAWRENCE, AUTHORIZING THE TRANSFER OF UTILITY SERVICE, AND
OTHER RELATED MA TIERS, AUTHORIZING THE EXECUTION OF A SPECIAL
WARRANTY DEED TO C. BERDON LAWRENCE OF THE LIFT STATION SITE, AND A
TERMINATION OF EASEMENTS AND CONVEYANCE OF UTILITY FACILITIES
AGREEMENT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member EnQelken to approve Ordinance 3103 as presented
by Mr. Joerns. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebowand Porter
Nays: None
Abstain: None
Absent: None
15. Council to consider approval or other action regarding a Resolution requesting Federal
Funding Assistance for state Highway 146 (Res. 2008-09) - J. Joerns
Assistant City Manager John Joerns presented summary and recommendation and
answered Councils' questions.
Assistant City Attorney Clark Askins read Resolution 2008-09, A RESOLUTION OF THE
CITY OF LA PORTE REQUESTING FUNDING FOR BAY AREA REGIONAL
TRANSPORTATION CORRIDOR PROJECTS DUE TO THEIR CRITICAL IMPACTS
WITH REGARD TO NATIONAL SECURITY, MOBILITY, AND EMERGENCY
EVACUATION NEEDS, INCLUDING HURRICANE EVACUATION.
Motion was made by Council member Moser to approve Resolution 2008-09 as presented
by Mr. Joerns. Second by Councilmember Clausen. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
16. Council to consider approval or other action regarding an Ordinance authorizing an
Interlocal Agreement between the City of La Porte and City of Shoreacres to operate a
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 7
joint venture park located on the north bank, west fork of Taylor Bayou (Ord. 3104) - S.
Barr
Parks and Recreation Director Stephen Barr presented summary and recommendation
and answered Council questions.
Assistant City Attorney Clark Askins read Ordinance 3104, AN ORDINANCE APPROVING
AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE CITY OF SHOREACES FOR OPERATION OF JOINT NATURE
BASED PARK ON TAYLOR BAYOU, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Black to table this item until staff could speak to Mr.
Capen and the neiqhbors that would be affected by the passaqe of this ordinance. Second
by Councilmember Malone. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
17. Council to consider approval or other action authorizing the City Manager to execute an
Agreement between the City of La Porte and Randall-Porterfield Architects, Inc., and
appropriating a sum not to exceed $317,000.00 from Fund 48, to provide design services,
bid, and construction monitoring for the West Side Park Property - S. Barr
Parks and Recreation Director Stephen Barr presented summary and recommendation
and answered Council's questions.
Motion was made by Councilmember Enqelken to approve the recommendation as
provided by Mr. Barr. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
18. Council to consider approval or other action regarding an Ordinance authorizing the City
Manager to execute an Ingress and Egress easement granting Sabino Ornelas access
across a portion of the alley in Block 1445, La Porte (Ord. 3105) - T. Tietjens
Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3105, AN ORDINANCE APPROVING
AND AUTHORIZING AN INGRESS AND EGRESS EASEMENT BETWEEN THE CITY OF
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 8
LA PORTE AND SABINO C. ORNELAS, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AND EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Clausen to approve Ordinance 3105 as presented by
Mr. Tietiens. Second by Councilmember Rigby. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
19. Council to consider approval or other action regarding an Ordinance awarding bids
S08002 and S08003 to highest bidders Oakland Land and Development, LLC and
Mississippi Land Co. respectively - (Ord. 3106)- S. Kelley
Purchasing Manager Susan Kelley presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3106, AN ORDINANCE
AUTHORIZING AND APPROVING THE SALE OF REAL PROPERTY DESCRIBED AS
0.8608 ACRE TRACT, OUT OF LOTS 5-16, BLOCK 829,0.9326 ACRE TRACT OUT OF
LOTS 4-16, BLOCK 793, TO THE HIGHEST BIDDERS FOR CASH, AUTHORIZING
EXECUTION OF SPECIAL WARRANTY DEEDS, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3106 as presented by
Ms. Kelley. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
20. Council to consider approval or other action of a 60 day extension for Frontier Logistics
related to delivery of items required by exhibit C and to consider a 120 day extension for a
La Porte Real Property, LLC and Frontier Logistics for submission of items required in
paragraph (3) of the agreement- J. Joerns
Councilmember John Black recused himself from discussions and voting on this item.
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions
Motion was made by Councilmember Ebow to approve the extensions as presented by Mr.
Joerns. Second by Councilmember Mosteit. Motion carried.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 9
Ayes: Mosteit, Clausen, Rigby, Moser, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: Black
Absent: None
21. Receive report from the La Porte Development Corporation Board
Board member Engelken provided a report to Council from the La Porte Development
Corporation Board.
22. Received report from Drainage and Flooding Committee
Chairman Mike Mosteit provided report to Council from the Drainage and Flooding
Committee.
23. Mayor Porter closed Regular Meeting at 8:50 p.m. and opened Workshop Meeting.
A. City Manager Ron Bottoms presented a "Fly through Video" of the Town Plaza
Project.
B. Jan Lawler of the Economic Alliance along with City Manager Ron Bottoms gave
an update of the Gateway Enhancement Project.
Council directed staff to move forward with their plans
C. Planning Director Tim Tietjens presented City Council a 3rd Quarter progress of
Capital Improvement Projects for the Planning Department.
D. Planning Director Tim Tietjens discussed amendments to ordinances pertaining to
truck terminals and truck routes and asked for direction from Council.
Staff was directed to do the following:
Better define what "on route" means.
Determine which type of vehicles are required "on route".
Recommend regulations for hazardous vehicles and routing.
Establish routes northeast of Barbours Cut and 146.
Coordinate Chapter 70 and 106 of the City Code of Ordinances.
Make recommendation on increasing fees.
Consider not allowing hazmat vehicles off hazmat routes.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 10
Consider a no idle policy.
Consider dump truck prohibition on residential lots.
Review routes around 16th street industrial area.
This item will be taken to Planning and Zoning Commission and then will be
brought back to City Council.
E. Planning Director Tim Tietjens discussed possible changes to the electric fence
ordinance and asked for direction from Council.
Council directed staff to move forward to allow electric fences for residential areas
only approved products in the UL listing.
F. Planning Director Tim Tietjens discussed Ordinance 759-A (front foot fees).
Council directed staff to keep ordinance as is.
24. Mayor closed Workshop and reconvened Regular Meeting at 10:55 p.m.
25. City Manager Ron Bottoms provided Administrative Reports for the following;
A. City Council Meeting - September 8, 2008 - 6:00 p.m.
B. La Porte Development Corporation Board Meeting - Wednesday, September 10,
2008, 6: 00 p.m.
C. USCPFA-Houston Annual Dinner - Ocean Palace, 11215 Bellaire Blvd. D,
Houston, September 12, 2008, 6:00 p.m.
D. 2008 Chamber of Commerce "Industry of the Year" (Lyondell-Basell) Banquet,
September 25, 2008 - Sylvan Beach Pavilion
E. TIRZ Meeting - August 27, 2008 - 6:00 p.m.
Mr. Bottoms gave an update of the PPG release.
26. Council Comments- Malone, Mosteit, Rigby, and Moser.
27. 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,
DELBERATION 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)
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 11
A. 551.072 (Deliberation regarding Real Property)
Meet with City Manager
and City Attorney to
discuss the purchase
exchange, lease or
value of real property
8. 551.072 (Deliberation regarding Real Property)
Meet with City Manager
And City Attorney to
Discuss Happy Harbor site
C. 551.074 (Personnel Matter)
Evaluation of City Secretary
Council retired into Executive Session at 11 :03 p.m. on August 25,2008.
Council returned to the Regular Meeting, Public Hearing and Workshop Meeting with no
action taken and reconvened at 11 :25 p.m.
28. Considerations and possible action on items in executive session.
A. No report
8. Received report regarding possible exchange of land with developer.
C. Conducted City Secretary's Evaluation
No action was taken
29. There being no further business to come before Regular Meeting, Public Hearing and
Workshop Meeting was duly adjourned at 11 :27 p.m.
Respectfully submitted,
/11 L~
Martha~TRMC, CMC
City Secretary
Passed and approved on this 22nd day of September 2008.
(}~~7~
Mayor Alton E. Porter