HomeMy WebLinkAbout2008-08-25 TABLED Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
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MINUTES OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
AUGUST 25, 2008
1.
Call to order
,ff6wO
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) - T. Tietjens
F. Council to consider approval or other action authorizing the City Manager to
execute an Industrial District Agreement (Ord. 2007 -IDA-1 09) between the City of
La Porte and US Industrial REIT II - R. Bottoms
Motion was made by Councilmember 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, Remonstrances, 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.
Charlie Perry, 127 N. 4th St., is concerned with the water and sewer fees.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25, 2008 3
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
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
Council member John Black. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
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
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 4
Motion was made by Council member 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, Ebow and 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 RolI- (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 Council member 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
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)-
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25, 2008 5
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 the September 22,2008
Council MeetinQ. Second by Councilmember Clausen. The motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and 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 Attomey 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
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
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 6
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 MATTERS, 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 Councilmember Enqelken to approve Ordinance 3103 as presented
by Mr. Joems. Second by Councilmember Ebow. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and 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 Joems presented summary and recommendation and
answered Councils' questions.
Assistant City Attomey 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 Councilmember 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
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.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 7
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
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 Council member Rigby. Motion carried.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 8
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 Attomey 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 Council member 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.
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
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 9
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.
Consider a no idle policy.
Consider dump truck prohibition on residential lots.
Review routes around 16th street industrial area.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 10
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. 0,
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)
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
Minutes of Regular Meeting, Public Hearing and Workshop Meeting August 25,2008 11
B. 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 retumed 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
B. 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,
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 8th day of September 2008.
Mayor Alton E. Porter
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,-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Ray Nolen
September 8. 2008
(J/
Appropriation
Agenda Date Requested:
Requested By:
Source of Funds: N/A
Department:
llMS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Copy of Contract
Exhibits:
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Association of Bayport Companies. Inc.. for Emergency Medical
Service in the Bayport Industrial Area for a period of one year at a rate of $20.19 per employee. TIus is an increase
of .83 cents per employee over the previous year's negotiated rate.
Attached is an ordinance authorizing the City Manager to execute a contract effective October L 2008 with the
Association of Bayport Companies. Inc. for Emergency Medical Service in the Bayport Industrial Area.
The current contract will expire on September 30. 2008.
2006-07 Revenues - Actual $95.387.00
2007-08 Revenues - Actual $102.898.-1-0
2008-09 Revenues - Pr~iected $107.500.00
Reconilllend that cowlcil approve the City Manager to execute the subnutted contract for providing Emergency
Medical Service to the companies located in the Bayport Industrial Area.
Action ReQuired bv Council:
ove an Ordinance authorizing the City Manager to execute a contract with the Association of
rt Companies for the City of La Porte EMS.
:U) loB
Date ,
ORDINANCE NO. 2008- 3/ D 1
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the contract,
agreement,
or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council of the City of La Porte
officially finds,
determines,
recites,
and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2008- 3/ o~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of September, 2008
By:
ATTEST:
~~~~
Mart a A. Gillett, city Secretary
APPROVED:
U~r ~4 J;"
Knox W. Askins, City ttornet
TIY OF LA ~E .
~~)~
Alton E. Por er, Mayor
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 8. 2008
Appropriation
Requested By: Ron Bottoms, City Mana~er
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution 2008-
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
Chapter 321 of the Texas Tax Code, also known as the Municipal Sales and Use Tax Act,
authorizes a municipality to impose a tax upon the sale or use of certain items within its
jurisdiction and defines a place of business of a retailer to be an established outlet, office, or
location operated by the retailer for the purpose of receiving orders for taxable items and
includes any location at which three or more orders are received by the retailer during a calendar
year, specifically excluding a warehouse, storage yard, or manufacturing plant unless three
orders are received at that location.
A retailer can easily create a very small number of sales transactions for the purpose of meeting
the definition of a place of business for its own financial reward, causing harm to the
municipalities supporting the retail establishment. This manipulation of the current sales tax law
has been the basis for reallocating millions of dollars between municipalities within the State of
Texas and under the existing law the municipalities from which sales tax revenue has been
reallocated have no recourse upon the State of Texas nor the retailer.
Therefore, the City of La Porte should consider support of legislative action that would
significantly increase the three-sale requirement in Section 321.002 of the Municipal Sales and
Use Tax Act for determining whether a warehouse, storage yard, or manufacturing plant can be
considered a place of business of the retailer for sales tax sourcing.
~~Lr>B
e I
RESOLUTION NO. 2008- iO-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, SOLICITING SUPPORT FROM THE
TEXAS MUNICIPAL LEAGUE FOR LEGISLATIVE ACTION
TO PROTECT TEXAS MUNICIPALITIES' SALES TAX
REVENUE BY MODIFYING TEXAS TAX CODE CHAPTER
321, MUNICIPAL SALES AND USE TAX ACT
WHEREAS, Chapter 321 of the Texas Tax Code, also known as the Municipal Sales and Use
Tax Act, authorizes a municipality to impose a tax upon the sale or use of certain items within its
jurisdiction; and
WHEREAS, Section 321.002 ofthe Municipal Sales and Use Tax Act defines a place of
business of a retailer to be an established outlet, office, or location operated by the retailer for the
purpose of receiving orders for taxable items and includes any location at which three or more orders
are received by the retailer during a calendar year, specifically excluding a warehouse, storage yard,
or manufacturing plant unless three orders are received at that location; and
WHEREAS, Section 321.203 of the Municipal Sales and Use Tax Act considers the sale of a
taxable item to be consummated at a retailer's place of business which can be either the location
from which the retailer ships or delivers the item or where the purchaser or lessee takes possession
and removes the item from the place of business; and
WHEREAS, a retailer can easily create a very small number of sales transactions for the
purpose of meeting the definition of a place of business for its own financial reward, causing harm to
the municipalities supporting the retail establishment; and
WHEREAS, this manipulation of current sales tax law has been the basis for reallocating
millions of dollars between municipalities within the State of Texas; and
WHEREAS, under existing law the municipalities from which sales tax revenue has been
reallocated have no recourse upon the State of Texas nor the retailer;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this resolution are
accurate and correct.
Section 2. That the City of La Porte, Texas, supports legislative action that would
significantly increase the three-sale requirement in Section 321.002 of the Municipal Sales and Use
Tax Act for determining whether a warehouse, storage yard, or manufacturing plant can be
considered a place of business of the retailer for sales tax sourcing.
Section 3. That the City of La Porte, Texas, supports legislative action that would
require the Comptroller of Public Accounts to notify the affected municipalities and afford each the
opportunity to hear and dispute the facts in accordance with established procedures prior to any
reallocation of sales tax revenue.
Section 4. That the City of La Porte, Texas, opposes any legislative action that would
change existing sales tax laws from origin to destination-based sourcing.
PASSED, APPROVED, AND ADOPTED this 9Jl-dayof Sr;p(ElnIJER
,2008.
C1r~~12r~
Alton E. Porter, Mayor
ATTEST:
{Jtr.rd~~
M ha Gillett, City Secretary
8
/.-.-.
.....-,.~---------
._.~..<,...,.._.~._...
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 8, 2008
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
Department:
Parks & Recreation
Account Number:
Report: _Resolution: _Ordinance: -L
Amount Budgeted:
N/A
Exhibit: Interlocal Agreement
Amount Requested:
N/A
Exhibit: Boundary Map
Budgeted Item:
YES
NO N/A
Exhibit:
SUMMARY & RECOMMENDATION
(This item was tabled at the 25 August 2008 City Council Meeting). In May 2005 the City of La Porte and
the City of Shore acres issued a Joint Resolution to pursue a Coastal Management Program Cycle 11 grant to
fund the purchase and development of a proposed joint venture park, approximately 1.8 acres in size, on the
north bank, west fork of Taylor Bayou in south La Porte. The property is being acquired by the City of
Shoreacres and ifboth cities approve, will be operated as a passive park.
Now we are proposing an Interlocal Agreement to set up the development and operation of the proposed
park. The agreement will provide for a joint Design Concept Memorandum to determine the proposed
development and costs, of which La Porte's share is expected to be small enough to be absorbed within the
operating budget.
The agreement calls for the City of La Porte's expected contribution: a possible installation of a bark mulch
nature trail, two crushed granite parking spaces, benches, a kayak/canoe landing (already in place) and litter
control for the park. Both city's residents will have access to the park under the agreement. It will be
operated as a passive park for kayakers, birdwatchers, and nature lovers.
Council expressed concern regarding the adjoining neighbor's view of the park, in particular, that of Mr. Bob
Capen. David Stall, City Administrator for the City of Shoreacres personally spoke with Mr. Capen and was
assured that he would be "thrilled" to have the property preserved as a natural park. Mr. Capen and the City
of La Porte are the two adjacent homeowners. Staff has researched the Shady River subdivision plat and and
found no restriction that would limit this use of the land.
Council A enda
'j h )~B
Date' I
o r 0 j lJ>ttJCe ft1J1~~
}1 01 Irff{ () J ~ 'f
ORDINANCE NO. 2008- 3/0 tf
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR
OPERATION OF JOINT NATURE BASED PARK ON TAYLOR BAYOU, ACCORDING
TO THE TERMS OF THE AGREEMENT PROVIDED; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office of
the City Secretary. The City Manager is hereby authorized to execute such document and all related
documents on behalf ofthe City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice ofthe date, hour, place, and subject of this meeting ofthe City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves, and confirms such written notice and the contents
and posting thereof.
Page 10f2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this STH day of SEPTEMBER 200S.
CITY OF LA PORTE
,~
By:
Alton E. Porter,
Mayor
ATTEST:
~
Martha Gillett,
City Secretary
o r J) II AJfr1V t11f {)eJU /g-.p
(J rrJ PfJfllJ Ve (,
APPROVED AS TO FORM:
tk~ r ~A~
Cl rk . Askins, /
Assistant City Attorney
Page 2 of2
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
s:mb.. 8. 2008
~ )~~}~t<d
Bud2;et
Requested By: nonllltl r ,1Irlrl
Source of Funds:
Department:
Fire
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: A2;reement
Budgeted Item: YES NO-/
Exhibits
SUMMARY & RECOMMENDATION
Council to consider approval of attached ordinance and agreement for fire & EMS service.
Action ReQuired bv Council:
er approval of an ordinance authorizing an agreement between the City of La Porte Fire and EMS to give
ncy services to the City of Shoreaces
::J ~ /lJ~
Date ,
ORDINANCE NO.
3/0B
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR FIRE AND
EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, a copy of which is on file in the office of the
City Secretary. The City Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to
all such signatures and to affix the seal of the. City to all such documents.
Section 2. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Chapter ?51, Tx. Gov't Code; and that this meeting
has been open to the public as required by l~w at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 3. This ordinance shall be effective from an after its approval, and it is so ordered.
PASSED AND APPROVED this the~day of ~el ,2008.
CITY OF LA PORTE. 0
By()1f~~. \ ~
Mayor
ATTEST:
LftJ4tb- #vtd
City Secretary
APPROVED: . ,
1;Z~ 7: ~A~
CIty Attorney
-
10
~-
__.u~_.~~.-.,-~.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested September 8, 2008
Requested By ~ha Gillett/James Janoch
Appropriation
Source of Funds:
Department:
CiB' CQ'mdl
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Exhibits:
Paperless Agenda Summary and
Recommendation
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Review and discuss the paperless agenda recommendations and provide staff with direction.
ssion on the paperless agenda, provide staff with direction on moving forward with the project.
PAPERLESS AGENDA SUMMARY AND RECOMMENDATION
Staff has researched several methods in which a paperless agenda can be implemented.
The most cost effective means is to utilize Adobe Acrobat and Microsoft Word software.
This will save the City several thousand dollars. The original plan was to purchase the
software offered by Municode/Laserfiche at an approximate cost of $38,000.00+.
The estimate provided by James Janoch in MIS is as follows:
Quantity Description Cost
9 Notebook PC 1,500.00
9 Adobe Acrobat Professional 200.00
Total one time fees
Ext. Cost
13,500.00
1,800.00
15,300.00
9
Air Card monthly fee
50.00
450.00
Unknown amount for electrical work for council area
The following steps outline the process:
. Each Councilmember would be issued a laptop computer. The computer could be
used at home and then will need to be brought to the council meetings.
. Once the agenda is finished, it will be placed on a secured FTP site accessed via
the web page for your access.
. You will be able to download the agenda to your laptop
. The laptop will have software installed so you can attach sticky notes
electronically as needed.
Staff needs direction on the following questions:
. How does Council want to retrieve the agenda? There are several options
available to get the agenda onto the laptop computer. The following options are
being considered:
a. The City can provide air cards which will provide Internet access allowing
the documents to be downloaded directly to the laptop. The download
may be slow depending on the connection speed. The monthly fee per air
card is approximately $50.00.
b. If the Council member has Internet access available, the City can provide
a USB memory stick to which the documents can be downloaded from the
Internet and then transferred to the laptop pc. One USB memory stick will
cost less than $50.00 depending on capacity.
Page 1 of 2 - Paperless Agenda
c. The document can be written to a CD-ROM. The CD-ROM would need
to be picked up from city hall the same as the paper agenda's have been or
they could be delivered if Council desired. CD-RaM's cost less than fifty
cents each.
. Does Council want staffto place the agenda and all back-up documents (with the
exception of Executive Session back-up) on the website for public view? If so, at
what point would you like them to become public. Staff wants to ensure Council
has received the information first and has had time to review it prior to receiving
questions from citizens.
. In an effort to secure Executive Session documents, staff is recommending that
they be passed out and picked up the evening the executive session meeting is
held. Should you have a desire or if there is a need for you to review documents
in advance, special arrangements will be made for you to have access to the
documents.
. How would you like the training handled? MIS will need to conduct training.
Staff recommends setting up an evening or Saturday training session. Training
outside of normal business hours will require overtime pay for MIS staff.
. I spoke with all of you and was advised you have your own internet. Staff needs
confirmation this is still the case and the City does not need to provide you with
internet service.
Page 2 of 2 - Paperless Agenda