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HomeMy WebLinkAbout2009-12-14 min onlyRegular Meeting and Workshop Meeting of the La Porte City Council Minutes MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 14, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:08 p.m. Members of City Council Present: Mayor Barry Beasley, Councilmembers Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Mike Mosteit and Chuck Engelken Members of Council Absent: Mike Clausen Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns and Melisa Lanclos Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett Planning: Debbie Wilmore, Masood Malik, Rodney Slaton, Isaac Rodriquez, Brian Sterling and Tim Tietjens Police Department: Ken Adcox, Steve Deardorff, Tammy Mc Beath, Wendy Large, Carl Rise, Matt Daeumer, Gary Rice, Doug Ditrich, Sherman Moore, Gary Chastain, John Krueger, Ron Parker, and Wanda Richards. Finance: None Parks and Recreation: None Purchasing: S. Cream Main Street/Economic Development: Stacey Osborne Fire: Mike Boaze EOC: Jeff Suggs Others Present: Rev. Bobby Worsham, David Barber, Scott Polikov, Adam Yanelli of Bayshore Sun, Rod Rothermel, Champ Dunham, Vicki Campise, Mrs. Parker, Charles Gilliam, Richard and Pat Reff, Kathryn Aguilar, Ted Powell, Phillip Hoot, John Zemanek, Mr. Aguilar, Rhonda Lunsford, David Janda, Abraham Rosa, Mrs. Rosa, Richard Warren, Dottie Kaminski, Ted and Kim Powell, Barbara Norwine, Chad Burke, Sherri Ditrich, Coach LaReau, Todd Shoppe, Ann and Tara Hayes, Bill Manning, Veronica Cabral, Tom Campbell, Paul Larson, AI Ward, Mark Follis, Rocky Zemanek and other citizens. 2. Invocation was given by Reverend Bobby Worsham 3. Mayor Beasley led the Pledge of Allegiance. 4. Presentations/Proclamations Mayor Beasley presented a proclamation to Kio Un and Ms. Shah Guo for "Shen Yun Performing Day." Minutes of Regular Meeting of La Porte City Council on December 14, 2009 2 Mayor Beasley presented a proclamation to Kendrick Perkins for "Kendrick Perkins Day." Mayor Beasley presented a proclamation to Coach LaReau, Mr. Shoppe and numerous La Porte Football Team members for "La Porte Bulldog Football Day". Police Chief David Barber of Hedwig Village and Mayor Beasley presented a plaque to the La Porte Police Department for "Best Practices Recognition". The tape recorder was malfunctioning and did not record up to this point. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting held on November 9, 2009 - M. Gillett B. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Two Zero One M Texas, LLC (Ord. 3200) - T. Tietjens C. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Two Eighteen M Texas, LLC (Ord. 3201) - 1. Tietjens D. Council to consider approval or other action of an ordinance authorizing the City Manager to execute a Water Service Agreement with ELE Holdings La Porte, Ltd. (Ord. 3202) - 1. Tietjens E. Council to consider approval or other action awarding bid # 10005 for replacement equipment - S. Gillett F. Council to consider approval or other action regarding an ordinance establishing a new school zone for portion of Mc Cabe Road (Ord. 3203) - S. Gillett G. Council to consider approval or other action awarding bid # 10009 for gasoline and diesel fuel for a period of two (2) years - S. Cream H. Council to consider approval or other action awarding bid # 10007 for the Gateway Enhancement Project - J. Joerns I. Council to consider approval or other action authorizing a one year extension of the Rail Spur Agreement - R. Bottoms J. Council to consider approval or other action authorizing the City Manager to execute an agreement with RSA Corp. for IT security assessment - J. Suggs K. Council to consider approval or other action authorizing the City Manager to add a supplement to the current SunGard contract for additional modules - J. Suggs Minutes of Regular Meeting of La Porte City Council on December 14, 2009 3 Assistant City Attorney Clark Askins read the following agenda captions: Ordinance 3200 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND TWO ZERO ONE M TEXAS, LLC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3201 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND TWO EIGHTEEN M TEXAS, LLC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3202 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ELE HOLDINGS LA PORTE, LTD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3203 - AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORA TION" ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", BY AMENDING SECTION 70-97 (A) "SCHOOL ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE FOR THE PURPOSE OF ESTABLISHING A DESIGNATED SCHOOL ZONE ON A PORTION OF MCCABE ROAD; PROVIDING A REPEALING CLAUSE, CONTAINING A SERVERABILlTY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEAMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Council member Moser had questions on item H and asked that it be voted on separately. Councilmember Rigby had questions on item K. Motion was made by John Black to approve the consent aqenda with the exception of item H and then he withdrew his motion because he recused himself on item I. Motion was made bv Councilmember Enaelken to approve consent aaenda items A-K with the exception to item H as presented. Second by Councilmember Mosteit. Motion carried. Ayes: Engelken, Rigby, Moser, Leonard, Black, Mosteit and Mayor Beasley Nays: None Abstain: Black item I Minutes of Regular Meeting of La Porte City Council on December 14, 2009 4 Absent: Clausen Motion was made bv Councilmember Black to approve item H of the consent aoenda. Second bv Councilmember Enqelken. Motion failed. Ayes: Engelken, Black and Mosteit Nays: Moser, Leonard, Rigby and Mayor Beasley Abstain: None Absent: Clausen 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Barbara Norwine 202 S. Lobit La Porte, TX. 77571 informed Council of her concerns with the lack of response from City Staff. Ted Powell 1700 Roscoe La Porte, TX. 77571 addressed Council regarding consent item H and the need of a safety assessment. In addition, he noted the Alamo Building at five points is in disrepair and people are placing trash inside the unlocked building. He provided Council with pictures. Vicki Campise 1902 Roscoe La Porte, TX. 77571 addressed Council regarding the patience of Main Street business owners in regards to infrastructure needs on Main Street such as protected crosswalks, sidewalks improvements, and Historic District signage on Hwy 146. Kathryn Aguilar 3119 Fondren La Porte, TX. 77571 addressed Council with her concerns in regards to the Gateway Project, Town Square Project and Sylvan Beach District. In addition, she noted drainage concerns on South Fondren. Advised Council they need to spend money on paving streets rather than some of the projects. Phillip Hoot 927 Seabreeze La Porte, TX. 77571 informed Council he was opposed to Type B projects and the Gateway Project. John Dunham - noted he would wait and speak during the workshop session. 7. Council to consider approval or other action authorizing the City Manager to execute an Interlocal Agreement with LPISD to lease space in the new ITC building - (Ord. 3204) - J. Suggs Emergency Management Coordinator Jeff Suggs presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3204, AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT, AUTHORIZING THE CITY OF LA PORTE TO LEASE OFFICE SPACE AT 9832 SPENCER HIGHWAY, FOR A Minutes of Regular Meeting of La Porte City Council on December 14, 2009 5 NETWORK OPERATING CENTER AND STORAGE SPACE; 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 Moser to approve Ordinance 3204 as presented by Mr. SUOqs. Second by Councilmember Leonard. Motion carried. Ayes: Black, Leonard, Engelken, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Absent: Clausen 8. Council to consider approval or other action authorizing City Manager to execute new fiber and Opt-e-man contract for the City ITC building - J. Suggs Emergency Management Coordinator Jeff Suggs presented summary and recommendation and answered Councils' questions. Mayor Beasley abstained from item 8 and left the table. Mayor Pro-Tem Black assumed control of the meeting during consideration of item 8. Motion was made by Councilmember Mosteit to approve the City Manaoer to execute a new fiber and Opt-e-man contract for the City ITC buildino as presented by Mr. Suoos. Second by Councilmember Enqelken. Motion carried. Ayes: Black, Leonard, Engelken, Moser, Rigby, and Mosteit Nays: None Abstain: Mayor Beasley Absent: Clausen Mayor Beasley returned to the table after the vote and began presiding over the meeting again at this point. 9. Council to consider approval or other action regarding ordinances condemning substandard buildings located at 704 S. Holmes and 401 N. 6th Streets - (Ord. 3164 and 3165) - D. Wilmore Building Official Debbie Wilmore presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Moser for public hearino to remain open until the second meetino in January, and to consider Ordinances 3164 and 3165 at that time, as presented by Ms. Wilmore. Second by Councilmember Black. Motion carried. Ayes: Black, Leonard, Engelken, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Minutes of Regular Meeting of La Porte City Council on December 14, 2009 6 Absent: Clausen 10. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 7:13 p.m. Item A discussion was moved to the later part of the workshop since the consultant's plane was late due to weather conditions. A. Presentation - Proposed Sylvan Beach District Plan - Scott Polikov - the consultant's plane was delayed due to weather. This item was moved to later in the meeting when the consultant arrived. Planning Director Tim Tietjens and Scott Polikov presented the proposed Sylvan Beach District Plan. John Dunham 1002 S. 3rd La Porte, TX encouraged Council to take a very close look at the Sylvan Beach District Plan and make sure it does not impact any citizens in a negative way. Mayor Pro-Tem Black began conducting/handling the workshop meeting. Vicki Campise 1902 Roscoe La Porte, TX. 77571 voiced concerns with Main Street business owners having to await a Sylvan Beach Study. Ted Powell -1700 Roscoe La Porte, TX. 77571 voiced concerns with Sylvan Beach District. Mayor Beasley returned to the table and began presiding over the meeting again. Kathryn Aguilar 3119 Fondren La Porte, TX. 77571 addressed Council with concerns with Sylvan Beach District. Phillip Hoot 927 Seabreeze La Porte, TX. informed Council he is not in favor of Sylvan Beach DistricUStudy. City Council recessed for a break at 8:30 p.m. and reconvened at 8:45 p.m. Mark Follis - 831 South 7th Street - informed the Council he is opposed to the Sylvan Beach District. Item B was discussed before item A when the workshop opened. B. Discuss Storm Water Discharges - T. Tietjens Planning Director Tim Tietjens provided Council with information regarding storm water discharges. Minutes of Regular Meeting of La Porte City Council on December 14, 2009 7 Workshop discussions continued at 9:10 p.m. C. Discuss Economic Development Incentives - J. Joerns Assistant City Manager John Joerns discussed economic development incentives. Council directed Mr. Joerns to bring back options. D. Discuss Sign Ordinance - T. Tietjens Planning Director Tim Tietjens discussed sign ordinances. Council directed Mr. Tietjens to bring a policy back for Council approval. Mark Follis - 831 S. 7th La Porte, TX. 77571 - informed Council he agrees the sign ordinance should be a Council decision and Mr. Tietjens was correct in his decision. 11. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 9:23 p.m. 12. Receive Inspections Report from City Staff - D. Wilmore Building Official Debbie Wilmore presented the Monthly Inspections Report. 13. City Manager Ron Bottoms provided Administrative Reports for the following: December 14,2009 - La Porte Development Corporation Board Meeting - 5:00 p.m. December 14,2009 - City Council Meeting - 6:00 p.m. December 17, 2009 - Harris County Mayor and Council Dinner - Lakewood Yacht Club, 2425 Nasa Road 1, - 6:30 p.m. January 11,2010 - City Council Meeting 14. Council Comments: Rigby, Moser, Black, Leonard, Engelken, Mosteit, and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or Minutes of Regular Meeting of La Porte City Council on December 14, 2009 8 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. 071 (Pending or Contemplating Litigation) Deborah Taylor vs. City of La Porte Council retired into Executive Session at 9:34 p.m. Council reconvened to Regular Meeting at 9:58 p.m. 16. Consider approval and possible action on items considered in Executive Session. There was no action taken in Executive Session. 17. Adjournment Being no further business, the meeting was duly adjourned at 9:59 p.m. Respectfully submitted, 't1I~fi{{{( City Secretary ~e~NP':;: on this 11" day of January 2010. <"Ma~~Sley