HomeMy WebLinkAbout02-27-12 Regular Meeting of La Porte City Council
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Mayor Pro-Tem,Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held February 27,
2012,beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway,
LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are
subject to action. The City Council reserves the right to meet in a closed session on any agenda
item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of
the Texas Government Code.
1.CALL TO ORDER
2.INVOCATION
–The invocation will be givenbyRev. Brian Christen,La Porte CommunityChurch.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiancewill be led by Councilmember Mike
Mosteit.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Recognition –Chuck Couplandfor Contributions to the DARE Program –Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutesper person.)
6.CONSENT AGENDA
(a)
Consider approval or other action of the minutes of the City Council meeting held on
February13, 2012–P. Fogarty
(b)
Consider approval or other action awarding Bid # 12011PoliceCar/Animal Control Truck
Equipment–K. Adcox
(c)
Consider approval or other action authorizing the Interim City Manager to sign grant award
and other documents for the Impaired Driving Mobilization Grant (STEP-IDM-2012) –K.
Adcox
7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a)
Consider approval or other action authorizing a contract amendment with Kendig Keast
Collaborativefor a land use study,andappropriating $7,800.00 from the General Fund for
supplement to the Comprehensive Plan Update –T. Tietjens
(b)
Consider approval or other action authorizing an Interlocal Agreement between the City of
La Porte and the City of Shoreacres for Emergency Water System Interconnect –D. Mick
8.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding proposed alternative for disposition of real property
ownedby the City of La Porte –T. Leach
9.STAFF REPORTS
(a)
Receive Drainage Report –J. Garza
(b)
Receive 2011 La Porte Police Department Racial Profiling Report –K. Adcox
10.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, February 27, 2012
(b)
City Council Meeting, Monday,February 27, 2012
(c)
La Porte Livestock Showand Rodeo Association Board Meeting, March 1, 2012
(d)
City Council Meeting, Monday,March 12, 2012
(e)
Drainage and Flooding Committee, Monday,March 19, 2012
(f)
Fiscal Affairs Committee Meeting, Monday,March 26, 2012
(g)
City Council Meeting, Monday,March 26, 2012
(h)
City Council Budget Retreat, Saturday, April 14, 2012
(i)f
Electioniling period –February 4, 2012 –March 5, 2012
11.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies–CouncilmembersMosteit,Clausen, Martin,Moser, Kaminski,
Zemanek,Leonard, Engelkenand Mayor Rigby.
12.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, ofthe Texas Government
Code, including, but not limited to, the following:
Texas Government Code, Section 551.072–
Deliberation regarding real property:Discussion of
the sale of property located at 908 and 912 West Main Street.
Texas Government Code, Section 551.074 –
Personnel Matters for the purpose of deliberating
the evaluationand duties of a public officer or employee: City Secretary Patrice Fogarty
13.RECONVENE
into regular session and consider action, if any, on items discussed in executive
session.
14.ADJOURN
I
n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations
for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the
meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the February 27, 2012, agenda of items to be considered by the City Council was posted on
the City Hall bulletin board on February 21, 2012.
Patrice Fogarty, City Secretary
I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from
the City Hall bulletin board on the ____ day of ________________, 2011.
____________________________________Title: _______________________________
Council Agenda Item
February 27, 2012
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Rev. Brian Christen, La Porte
Community Church.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by Councilmember
Mike Mosteit.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Recognition –Chuck Coupland for Contributions to the DARE Program –Mayor
Rigby
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
***********************************************************************************
Letter Recognizing Chuck Coupland, City Council 2/27/12
The La Porte Police Department recently unveiled its handsome new D.A.R.E. Program
Vehicle. D.A.R.E. stands for Drug Abuse Resistance Education and the 30 year old highly
acclaimed program is designed to give young people the skills they need to avoid
involvement in drugs, gangs, and violence.
The 2010 Dodge Charger was purchased new using money seized from drug dealers and
outfitted through generous donations of products and services from business in and
around La Porte. The most striking feature of the vehicle, however, is its custom paint
job depicting the many unique features of La Porte as well as real to life images of
emergency responders at work within the community. The custom paint job was done
courtesy of La Porte’s own Coupland Signs, and represents countless hours of donated
time from the company’s owner and resident artist, Chuck Coupland.
Chuck was first approached in May of 2011, and asked to apply D.A.R.E. graphics onto a
newly purchased La Porte Police Department D.A.R.E. vehicle. Chuck readily accepted
the task, yet expressed that providing only a limited number of graphics would be an
injustice to the DARE program, and asked if he could design the car in a way he
envisioned as: “Chuck Coupland Style.” La Porte Police representatives agreed, and the
result was a true work of art.
Chuck spent the entire summer airbrushing murals by hand, showcasing area landmarks
in La Porte and the Bayshore area. Images included La Porte Police Officers in
performance of their duties, emblems of agencies associated with the department, and
depictions of both the D.A.R.E. program and the La Porte Independent School District. A
sizeable portion of the vehicle also included dedications to our U.S. armed forces.
Chuck selflessly invested his time, talent, and heart into the project so the entire
Bayshore community would have a D.A.R.E. car all members could be proud of. The
vehicle is a true attention getter for the D.A.R.E. Program’s young target audience and
citizens display elevated levels of community pride when viewing the vehicle. When
driven outside of the community, the vehicle also draws attention to the City of La Porte
and the many wonderful things to see and do in the community.
Chuck Coupland truly defines the spirit of giving and words cannot adequately express
how much the City of La Porte appreciates the sacrifice that Chuck and his family have
made for this project, as well as the pride felt for the remarkable workmanship and
thought that went into the creation of the DARE vehicle. Chuck is truly an amazing and
gifted artist, as well as a dedicated citizen, who continues to make a difference!
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
FEBRUARY13, 2012
Monday, February13,2012,
The City Council of the City of La Portemet in aregularmeetingonat the
6:00p.m
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the
followingitems of business:
1.CALL TO ORDER
Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present:
Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen.
Also present were City Secretary Patrice Fogarty,Interim City Manager Steve Gillett, Assistant City
Manager Traci Leach and Assistant City Attorney Clark Askins.
2.INVOCATION
-The invocation was given by Don Hill,Light of ChristChurch.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Recognition –“Employee of the (Fourth) Quarter” Robyn Gallion (Police Officer) –Mayor
Rigby
(b)
Recognition –“Employee of the Year” –Walter Lee (Meter Reader Supervisor) –Mayor
Rigby
(c)
Recognition –“Manager of the Year” –Clarence Anderson (Animal Control Division
Supervisor) –Mayor Rigby
Mayor Rigby recognized Police Officer Robyn Gallion as “Employee of the (Fourth) Quarter”;Meter
Reader Supervisor Walter Lee as “Employee of the Year”; and Animal Control Division Supervisor
Clarence Anderson as “Manager of the Year.”
5.PUBLIC COMMENTS
(Limited to five minutesper person.)
Rob Rollins,3014 Bayou Dr., La Porte, addressed Council regarding utilization of Five Points Plaza
for a vendors’ market which would be a private business.Mr.Rollins would like to use the Plaza
the first Saturday of the month from 8:00 a.m. until 3:00 p.m. and havevendors for face painting,
snow cones, arts and crafts, etc.
Tisha Rollins,3014 Bayou Dr.,La Porte, also addressed Council regarding the same usage of Five
Points Plaza.
Dewey Mace,1216 Montana, La Porte,addressed Council regarding dumpsters on Montana
Street.
Mike Shanahan,200 S. Virginia, La Porte,addressed Council opposing concerts at Five Points
Plaza.
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February 13, 2012, City Council Meeting Minutes
nd
Christian Hansen, 312 South 2Street, La Porte,addressed Council regarding Municipal Court.
Danny Murphy, P. O. Box 87491, Houston,friend of Christian Hansen, addressed Council with
concerns of the City’s Code of Ordinances. Mr. Murphy commented there are differences between
the City’s code and state laws and suggested changing the definition of “person”in the Code of
Ordinances.
Tony Villarreal, 3903 Barracuda Lane., La Porte,addressed Council regarding sound monitoring at
the Port of Houston.Mr. Villarreal also thanked Council for considering a sound monitor at the Port
of Houston.
Richard Masceri, 11032 Mesquite Dr., La Porte,addressed Council on behalf of Fairmont Park East
Home Owners’Association in opposition to the Special Conditional Use Permit (SCUP No. 11-
9100007) for developing a 30-acre industrial complex with a turbo machinery repair services facility,
shops, offices and an administration building. Mr. Mascerirequested Council to vote against the
item and commented there was not a need for more industrial facilities in the area.
6.CONSENT AGENDA
–Consent agenda items are considered routine by the City Council and will
be enacted by one motion. ACouncilmember may remove any item for discussionand/or separate
action.
(a)
Consider approval or other action of the minutes of the City Council meeting held on
January 23, 2012 –P. Fogarty
(b)
Consider approval or other action awarding Bid # 12008 for heavy equipment –D. Mick
(c)
Consider approval or other action regarding a resolution of the City Council of the City of
LaPorte electing not to require the remittance of a PEG Fee by holders ofa state issued
certificated franchise authority –M. Dolby
(d)
Consider approval or other action regarding an ordinance amending the City of La Porte
Fiscal Year 2011-2012 Budget –M. Dolby
(e)
Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement
with La Porte Independent School District and San Jacinto College for holding ofJoint
Elections –P. Fogarty
f)
Consider approval or other action regarding an ordinance calling the 2012 General Election
of the City of La Porte, Texas for May 12, 2012, providing for a joint election with the
LaPorte Independent School District,and calling arun-off election, if necessary, for June9,
2012–P. Fogarty
Assistant City Attorney Clark Askins read the caption of Resolution 2012-01,A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE ELECTING NOT TO REQUIRE THE REMITTANCE OF A PEG FEE
BY HOLDERS OF A STATE ISSUED CERTIFICATE OF FRANCHISE AUTHORITY.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3400, AN ORDINANCE
APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE
PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012, 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 AN EFFECTIVE
DATE HEREOF.
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February 13, 2012, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3401, AN ORDINANCE CALLING
THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION IF
NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDINGFOR A
JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR THE USE
OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES
OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN
AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING
DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Regarding Item C, Councilmember Clausen questioned whether citizens purchasing services from
Comcast would be chargedtheone percent fee. Finance Director Michael Dolby advised a copy of
the Resolution would be forwarded to video providers requesting customers not be charged the
additional one percent fee.
Regarding Item E, Councilmember Zemanek questioned how the City couldenter into an
agreement when San Jacinto College District has not met to agree on terms in the agreement.City
Secretary Patrice Fogarty advised Council could vote on the agreement subject to the San Jacinto
College meeting or Council could wait until the agreement has been signed by San Jacinto College.
Councilmember Engelkenmoved to approvetheConsent Agenda pursuant to recommendations by
MOTION PASSED.
City Staff. Councilmember Martin seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminskiand Engelken
Nays:None
Absent:None
7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
Consider approval or other action on a resolution authorizing the appointment of a financing team to
proceed with bond refunding parameters and an ordinance to allow the City to advance refund a
portion of the City’s debt.
(a)
Consider approval or other action regarding a resolution approving proceedings to
authorize bonds, including the engagement of professionals in connection with the
issuance and sale of such bonds and preparation of financing documents and a
preliminary official statement, and making other provisions regarding such bonds –
M. Dolby
Finance Director Michael Dolby and Financial Advisor of RBC Capital Market Robert Henderson
presented a summary.
Assistant City Attorney Clark Askins read the caption of Resolution 2012-02A RESOLUTION APPROVING
PROCEEDINGS TO AUTHORIZE BONDS, INCLUDING THE ENGAGEMENT OF PROFESSIONAL IN
CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS AND PREPARATION OF FINANCING
DOCUMENTS AND A PRELIMINARY OFFICAL STATEMENT; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO
Councilmember Clausen moved to approve Resolution 2012-02 as presented. Councilmember
MOTION PASSED.
Engelken seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays:None
Absent:None
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February 13, 2012, City Council Meeting Minutes
(b)
Consider approval or other action regarding an ordinance assigning a designee to
refund general obligation bonds –M. Dolby
Finance Director Michael Dolby and Margo White with Andrews Kurth presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3402AN ORDINANCE
AUTHORIZING AND ORDERING THE ISSUANCE , SALE AND DELIVERY OF CITY OF LA PORTE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012, IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $10 MILLION; DELEGATING TO AUTHORIZED REPRESENTATIVES THE
AUTHORITY TO APPROVE THE AMOUNT, INTEREST RATES, PRICE AND TERMS THEREOF AND
CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AUTHORIZING THE
REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AND MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO.
Councilmember Clausen moved to approve Ordinance 2012-3402 as presented. Councilmember
MOTION PASSED.
Engelken seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays:None
Absent:None
(c)
Consider approval or other action awarding Bid # 12007 for Fire Station No. 1 –D. Ladd
Assistant Fire Chief presented a summary.
Councilmember Moser moved to award Bid # 12007 for Fire Station No. 1 as presented.
MOTION PASSED.
Councilmember Zemanek seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays:None
Absent:None
8.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)Public Hearing
to receive public input on Special Conditional Use Permit (SCUP No. 11-
90000007) for ACT Independent Turbo Services, Inc. –T. Tietjens
City Council opened the public hearing at 7:10 p.m. regarding Special Conditional Use Permit
(SCUP No. 11-91000007) for ACT Independent Turbo Services, Inc.
Planning Director Tim Tietjens presented a summary.
Mayor Rigby questioned if any type of land use would still impact drainage and transportation.
Planning Director Tim Tietjens responded yes.
Councilmember Clausen questioned why eliminateproperty currently zoned for residential use
when property is available on the other side of the street.Planning Director Tim Tietjensadvised
staff must respond to applications whenthey arereceived. He commenting staff’sposition is not to
provide approval.
Councilmember Leonard questioned if the condition to not allow outside storage had been
discussed with the applicant. Planning Director Tim Tietjens responded yes.
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February 13, 2012, City Council Meeting Minutes
David Janda, 412 Spencer Landing East, La Porte,addressed Council stating his opposition to the
location and not the business.
Debra Davis, 314 Spencer Landing West, addressed Councilwith concerns about traffic,noise,
smoke/industrial pollution,lowered property values,drainage,and safety of neighborhoods.
Billy Coleman,with ACT Independent Turbo Services, Inc.,addressed Council and advised ACT
Independent Turbo Services, Inc.,is a specialized machine shop with 80employeeslocated in
South Houston. Mr. Coleman commented ACT Independent Turbo Services, Inc.,approached
PPG in search of property;and the proposed property was offeredand not the other side of the
street.Mr. Coleman also commented Spencer Landing is located700feet and Fairmont Park East
is located1,975 feet away from the property.The property would be utilized permanently for light
industrial use.Mr. Coleman advised Council the company would be responsible citizens and
business leaders of La Porte.
Plant Manager of PPG,Thomas Norbit,addressed Council and commented the current land is
under agriculture tax exemption;and the City would benefit with the sale of the land. Mr. Norbit
also commented he does not view the property as a residential area;and the property would be
subdivided.
Nikki Garza, 322 Spencer Landing West,La Porte,addressed Council in opposition to the Special
Conditional Use Permit (SCUP No. 11-91000007) for ACT Independent Turbo Services,Inc.
David Janda,Sr.,9502 Dry Desert Way, La Porte,addressed Council and commented the property
should remain zoned as residential.
Planning Director Tim Tietjens forwardedthe positiverecommendation of the Planning and Zoning
Commission of a Special Conditional Use Permit (SCUP No. 11-90000007) for ACT Independent
Turbo Services, Inc.
City Council closed the public hearing at 7:46 p.m.
Assistant City Attorney Clark Askins read the caption of the Ordinance AN ORDINANCEAMENDINGTHE
CODE OF ORDINANCES OF THE CITY OF LA ORTE, CHAPTER 106, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCES OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT NO. 11-91000007 FOR THAT CERAIN PARCEL OF LAND HEREIN
DESCRIBED, FOR THE PURPOSE OF DEVELOPING TURBO MACHINERY REPAIR SERVICES FACILITY
AT THE SOUTHWEST CORNER OF BAY AREA BOULEVARD AND SPENCER HIGHWAY, IN A PLANNED
UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b)
Consider approval or other action on recommendation of the Planning and Zoning
Commission of an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of
the City of La Porte for the purpose of granting a Special Conditional Use Permit (SCUP No.
11-90000007) for developing a 30-acre industrial complex with a turbo machinery repair
services facility, shops, offices and an administration building –T. Tietjens
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February 13, 2012, City Council Meeting Minutes
Councilmember Zemanek moved to reject Special Conditional Use Permit (SCUP No. 11-
90000007) for developing a 30-acre industrial complex with a turbo machinery repair services
facility, shops, offices and an administration buildingas presented by the Planning and Zoning
MOTION PASSED.
Commission. Councilmember Kaminski seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Zemanek, Moser, Kaminski and Engelken
Nays:Councilmember Leonard
Absent:None
9.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding the Concert Series –S. Barr
Parks and Recreation Director Stephen Barr presented a summary.
Councilmember Moser commented he wants to completely remove concerts from Five Points
Plaza, and hold concerts such as Cinco de Mayo at Sylvan Beach,theJuneteenth Celebration at
th
the Jeannie Riley Building, and the July 4Celebration at Sylvan Beach or the Evelyn Kennedy
Building, and find new locations for the other two funded concerts.
Mayor Rigby commented he did not have a problem with having concerts, butthey should be
movedaway from Five Points Plaza. Councilmember Martin commented Five Points could be
utilized for daylight events with possible acousticalmusic,not amplifiedmusic, and a vendors’
market would also be good.Councilmember Clausen commented he was in favor ofconcerts but
not at Five Points Plaza.Councilmember Kaminski commented she was in favor of some change
to moveconcerts to different locations. Councilmember Leonard commented Christmas on Main
Street,andother functions which were in La Porte in the past, are great for Five Points Plaza;and
other events could be promoted at the Plaza,except for concerts.
Councilmember Moser moved to discontinue the concert series at Five Points Plazaand to relocate
th
the July 4, Juneteenth, Cinco de Mayo, and the other two funded concerts.Councilmember
MOTION PASSED.
Zemanek seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Zemanek, Leonard, Moser, Kaminski and Engelken
Nays:None
Absent:None
(b)
Discussion or other action regarding installation of a permanent, stationary, outdoor sound
meter in south La Porte–L. Rigby
Mayor Rigby presented a summary and advised that after a meeting with the Port of Houston, the
Port agreed to provide all data stemming from their sound meters.Mayor Rigby stated the Port
hired a company to analyze their sound monitoring data.
Councilquestioned staff regarding several issues and made several requests, including having the
Port’s data validated, requested the equipment’s calibration dates be obtained with reports from the
Port of Houston and requested a status of the mediation.
Chief Adcox provided information on the City’s options for purchasing and installing a sound
monitoring system.Chief Adcox advised a citizen would need to lodge a complaint.The Chief
cautioned that the Police Department could not simply look at the charts/reports and write tickets for
enforcement purposes.
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February 13, 2012, City Council Meeting Minutes
Tony Villarreal, 3903 Barracuda Lane., La Porte, addressed Council and commented he would like
the City to utilize an electronic data recorder; there is software that can be used to show a recording
and locate a spike very quickly.He also provided a demonstration of what 85 decibels sounds like,
and played a recording of typical noise as heard from inside his residence.
Mayor Rigby asked if the majority of Council agrees with obtaining the data from thePort of
Houston based on dates and times of citations and looking for an outside consultant to work at an
hourly rate to review the Port of Houston’s reports and meeting after the interpretation is done to
discuss the Port of Houston’s sound monitoring devices versus a sound monitoring device on City’s
property.Council was in agreement. Staff was also directed to continue with the mediation
process.
10.COMMITTEE REPORTS
(a)
Receive Report of La Porte Development Corporation Board –Councilmember Engelken
Councilmember Zemanek provided a report of La Porte Development Corporation’s meeting.
11.STAFF REPORTS
(a)
Receive Drainage Report –J. Garza
Councilmember Mosteit provided a drainage report and added he met with City staff and the Texas
Pipeline Coalition regarding pipeline issues.
12.ADMINISTRATIVE REPORTS
(a)
Planning & Zoning Meeting, Thursday, February 16, 2012, re Comp Plan
(b)
Zoning Board of Adjustment Meeting, Thursday February 23, 2012
(c)
City employee cook-off –Friday & Saturday, February 24 & 25, 2012
(d)
City Council Meeting, Monday, February 27, 2012
(e)
City Council Meeting, Monday, March 12, 2012
(f)
Drainage and Flooding Committee, Monday, March 19, 2012
(g)
Fiscal Affairs Committee Meeting, Monday, March 26, 2012
(h)
City Council Meeting, Monday, March 26, 2012
(i)
City Council Budget Retreat, Saturday, April 14, 2012
(j)f
Electioniling period –February 4, 2012 –March 5, 2012
Interim City Manager Steve Gillett reported a La Porte Development Corporation BoardMeeting will
be held on February 27, 2012,at 5:00 p.m. and reminded Council to forward any items wished for
th
discussion at the April14Council Retreat to City Secretary Patrice Fogarty.
13. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies–Councilmembers, Engelken, Mosteit, Clausen, Martin,Moser,
Kaminski, Zemanek,Leonard and Mayor Rigby.
All Councilmembers congratulated“Employee of the (Fourth) Quarter” Robyn Gallion, “Employee of
the Year” Walter Leeand “Manager of the Year” Clarence Anderson. Councilmember Mosteit
congratulated“Employee of the (Fourth) Quarter” Robyn Gallion“Employee of the Year” Walter Lee
and “Manager of the Year” Clarence Anderson. Councilmember Engelkeninformed everyone of
the Donna Lynn Williamson Scholarship benefit fundraiser to be held on Saturday,February 18,at
Lomax Arena Park.Councilmember Zemanek reminded everyone of the Casino Night hosted by
the Chamber and requested Mr. Coleman to contact Economic Development Coordinator Stacey
Osborne for a more viable site for their project. Mayor Rigby requested staff members to visit
regarding the comments about trash on Montana and Oregon Streets.Regarding the Special
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February 13, 2012, City Council Meeting Minutes
Conditional Use Permit (SCUP No. 11-90000007) for ACT Independent Turbo Services, Inc., he
commented they could come back with different options.
14.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code.
There was noexecutive session.
15.RECONVENE
into regular session and consider action, if any, on items discussed in executive
session.
There was no executive session.
16.ADJOURN
There being no further business, at 9:10 p.m. Councilmember Engelken moved to adjourn the meeting.
Respectfully submitted,
_______________________________
Patrice Fogarty, City Secretary
th
Passed and approved on the 27of February, 2012.
________________________________
Mayor Louis R. Rigby
Page 8of 4
February 13, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:02-27-12
Source of Funds:Motor Pool
Requested By:Ken Adcox
Account Number:Various
Department:Police
Amount Budgeted:$52,927.00
Report: XResolution:Ordinance:
Amount Requested:$51,170.48
Exhibits:Bid Tabulation and Bidders List Bid #12011
Budgeted Item:YES
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Sealed proposals for Bid # 12011 for Police Car/Animal Control Truck Equipment were received
onJanuary 24, 2012. Twenty-seven bid packets were sent and two bids were received withthe
low bidder beingAll America Sales in the amount of $51,170.48.This amount is within the
amount budgetedfor this project and staff is recommending approval.
Action Required by Council:
Consider approval or other action to award Bid # 12011 to All America Sales.
Approved for City Council Agenda
Steve Gillett,Interim City ManagerDate
BIDDER’S LIST
SEALED BID #12011-POLICE CAR/ANIMAL CONTROL TRUCKEQUIPMENT
Adamson Industries Corp
Gamber-Johnson
45 Research Dr
Haverhill, MA 018323001 Borham
Stevens Point, WI 54481
All America Sales Corp
Helfman Ford
1410 College Ave
12220 Southwest Frwy
South Houston, TX 77587
Stafford, TX 77477
Bearcom
Houston 2-Way Radio
th
1213 w 13St
4100 N Sam Houston Park W #290
Deer Park, TX 77536
Houston, TX 77092
Bid Ocean
Lawmen’s & Shooters’ Supply, Inc
th
Po Box 40445
7750 9Street SW
Grand Junction, CO 81504
Vero Beach, FL 32968
C & G Wholesale
Onvia
4930 Dacoma St Suite D
509 Onlive Way
Houston, TX 77092
Seattle, WA 98101
Earl Owen Company
Siddons Fire Apparatus, Inc
334 N Hall St
1443 Aldine Bender
Dallas, TX 75226
Houston, TX 77032
Teletouch
Fleet Safety Equipment
2121 Old Henderson Hwy
5858 Waltrip
Tyler, TX 75702
Houston, TX 77087
Watch Guard Video
Frazer, Ltd
415 Century Pkwy
7227 Rampart
Allen, TX 75013
Houston, TX 77081
West Virginia Signal & Light, Inc
247 Kentuck Road
Kenna, WV 25248
Gall’s an Aramark Inc, LLC
2680 Palumbo Dr
Lexington, KY 40509
Added from City Website Requests
CPR Savers and First Aid Supply, LLCBarney’s Police Supplies
7904 E. Chaparral Rd., Suite A110-242218 Fourpark Road
Scottsdale, AZ 85250Lafayette, LA 70507
Defender Supply
3737 Mingo Road, Suite 104
Denton, TX 76208
GT Distributors, Inc.
P.O. Box 16080
Austin, TX 78761
Philpott Motors
1400 U.S. Hwy 69
Nederland, TX 77627
SETINA
2926 Yelm Hwy SE
Olympia, WA 98501
Lone Star Products & Equipment LLC
2048 FM 1960 Rd. West
Houston, TX 77090
Earl Owen Company
334 N. Hall Street
Dallas, Texas 75226
Firetrucks Unlimited, LLC
7451 Eastgate road
Henderson, Nevada 89011
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:02-27-12
Source of Funds:Grant
Requested By:Ken Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: Resolution:Ordinance:
Amount Requested:$8,297.96
Exhibits:Impaired Driving Mobilization Grant
Budgeted Item:YESNO
Application (STEP-IDM-2012)
SUMMARY & RECOMMENDATION
TheLa Porte Police Department was recently notified of an opportunity to apply for anImpaired
Driving Mobilization Grant (STEP-IDM-2012). The grant is designed specifically to increase
local DWI enforcement during the following periods: Spring Break, Independence Day, and
Labor Day.
TheIDM grant requires a 25% match from the City, which will be met using fringe benefits,
allowances for marked vehicle usage, etc. The total projected program costs are estimated at
$8,297.96, with $5,973.28 being reimbursed through the grant award, and the remaining
$2,324.68required City match met through the above mentioned “in-kind” contributions.
Action Required by Council:
Consider approval or other action authorizingthe Interim City Manager to sign grant award and
other documents for the Impaired Driving Mobilization Grant (STEP-IDM-2012).
Approved for City Council Agenda
Steve Gillett,Interim City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February27, 2012
General Fund
Source of Funds:
Tim Tietjens
Requested By:
Account Number:001-6146-515-9050
Department: Planning
Amount Budgeted:$225,000
Report: _X__Resolution: __Ordinance: ___
Amount Requested:$7,800
Budgeted Item: _____YES XNO
Exhibits:Additional Services Proposal for
Comprehensive Plan Update
SUMMARY
On March 28, 2011, City Council approved aprofessional services agreement with Kendig Keast
Collaborativetoupdate the City’s Comprehensive Plan 2020. As chosen from qualified firmsof
the Houston Galveston Area Council’s (H-GAC)Plan Source, the fee for these servicesis
$75,000, which was allocated in the FY 2011-2012 budget.
The last two chapters of the plan are currently under reviewby the City.During thereview of the
Land Use chapter, it was pointed out that the future land use plan has historically been delineated
in a “bubble map”style, and there is no land use map that describes existing uses (both
conforming and non-conforming). Therefore, it was suggested to undertake a comprehensive
land use inventory,which will identify and graphically represent non-residential land usesand
integrate the information into the La Porte GIS.This would allow the City to catalog specific
usage at the tract level, and graphically determine consistency of those uses with the future land
use plan and zoning map,which results inmore informed decisionmaking.In addition, the land
use planswould beused in consideration of any zone change requests, economic development,
and infrastructure planning purposes.
For analyzing and refining the proposed future land use plan, the currentfee amount of $75,000
would be increased by $7,800,which will include time for fieldwork, GIS coding, analysis and
study, and determination of proposed changes to the future land use plan. Staff is requesting to
allocate $7,800 from the General Fund Contingency account that currently has a balance of
$225,000to fund this scope of work.
_____________________________________________________________________________________________
Action Required by Council:
Consider approval or other action ofacontractamendment for a land use study byKendig Keast
Collaborative,appropriating $7,800 from the General Fundfor this supplement to the Comprehensive Plan
Update.
_____________________________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Steve Gillett,Interim City ManagerDate
1415 Highway 6 South – Suite A-300 | Sugar Land, TX 77478
Phone : 281.242.2960 Fax : 281.242.4115
February 14, 2012
City of La Porte
Tim Tietjens, Planning Director
604 W. Fairmont Parkway
La Porte, Texas 77571
RE: Contract amendment for a land use study
Dear Tim Tietjens:
This amendment to our professional services agreement, dated April 8, 2011, is to supplement the
scope of work and fee for the Comprehensive Plan Update for the purpose of analyzing and refining
the proposed future land use plan. This is particularly important given the few remaining developable
parcels within the City, together with those they may redevelop over the horizon of this plan. The
future land use plan will give the City guidance as to the appropriate use (and character) of future
development, which will be used in the consideration of zone change requests and for economic
development and infrastructure planning purposes. This work will be conducted in preparation for
and prior to the review of the complete draft of the Comprehensive Plan Update by the Planning and
Zoning Commission, which is tentatively scheduled to occur on April 19.
th
The work that would be undertaken is to conduct a lot-by-lot existing land use inventory for the
nonresidential and mixed use areas, which would be coded and integrated into the City’s geographic
information system (GIS). This is a necessary step to understand the existing patterns of land use and
zoning, the nature and extent of conformity or nonconformity of existing uses (those properties that
have a land use that is allowed or disallowed by the zoning), and the consistency or inconsistency with
the classification of future land use. The outcome of this analysis will enable the consultant, City staff,
and the Planning and Zoning Commission to make good, informed decisions as to the appropriateness
and intended future use of properties within the City. Important for the future land use plan, this
study will also give the City confidence as to the accuracy and reliability of the plan, or the awareness
as to where there are differences (intentional or unintentional) in the existing zoning and the existing
and future land uses.
Fee Adjustment
The current fee amount of $75,000 will be increased by $7,800 bringing the new amount to $82,800.
This fee includes time for fieldwork, GIS coding, GIS analysis and study, and determination of
warranted/proposed changes to the future land use plan. Other terms and conditions of our agreement
will remain unchanged.
I trust that this proposed Amendatory Agreement is responsive to the needs of the City. If it is
acceptable, please obtain the necessary approval signature in the space provided below and return one
Performance Concepts in Planning
www.kendigkeast.com
STURGEON BAY,WI | CHICAGO,IL | CENTENNIAL,CO | SUGAR LAND,TX
Mr. Tim Tietjens
February 14, 2012
Page 2 of 2
signed original for our files. We greatly appreciate the opportunity to provide continuing professional
services to the City of La Porte.
Respectfully submitted,
KENDIG KEAST COLLABORATIVE
Bret C. Keast, AICP
President
APPROVAL OF AMENDMENT
___________________________________
Signature
___________________________________
Typed Name and Title
___________________________________
Date Signed
STURGEON BAY, WI | CHICAGO, IL | CENTENNIAL, CO | SUGAR LAND, TX
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:February27, 2012
Source of Funds: No Cost
Requested By:David Mick
Account Number:
Department:Public Works
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits:Proposed Interconnect Agreement Signed by
Shoreacres
Budgeted Item:N/A
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
During the January 23, 2012 regular City Council meeting, Council discussed the potential for a
City of Shoreacres project to construct a water main connectionbetween the City of La Porte and
the City of Shoreacres distribution systems.The water main interconnect proposed by
Shoreacres would allow for the transport of surplus waterfrom the La Porte system to
Shoreacres duringan emergency event. Council directed staff to prepare the necessary interlocal
agreement for Council’s further consideration. The signed agreement is attached.
The term of the agreement would be 18-months –long enough for Shoreacres to complete
improvements to the Shoreacres water distribution system. The valves on the connecting main
would only be opened during an emergency eventby La Porte staff.Reimbursement to the City
of La Porte for water used during an emergency event will be charged at 110% the rate incurred
by La Porte to purchase the water with an estimated water volume rate through the six-inch
connection equal to 1100-gpm.
There will be no out-of-pocket expense for the City of La Porte resulting from this agreement.
Action Requested of City Council:
Consider approval or other action authorization anagreement with the City of Shoreacres that
wouldallow theCity of Shoreacres to construct a water main connection between the La Porte
and Shoreacres water distribution systems, and allow the City of La Porte to provide water to the
City of Shoreacres during an emergency event at no cost to the City of La Porte.
Approved for City Council Agenda
Steve Gillett, Interim City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 27, 2012
Source of Funds:N/A
Requested By: Traci Leach
Account Number:
Department:Administration
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits: Power Point Presentation
Budgeted Item:YESNO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
In November 2011, the City held a public bid for the property at 912 W. Main and the bids
received were substantially below the fair market value of the property. All bids were
subsequently rejected by the Council in December 2011.
In order to obtain the most beneficial proposal for the City for this property and the adjacent
property at 908 W. Main, staff has been conducting a due diligence evaluation and research on
an alternative method to dispose of city owned property, pursuant to Chapter 272.001 of the
Local Government Code. This proposal, which includes a simultaneous closing between the
City, Economic Development Corporation, and a prospective end user, would allow the City to
conduct a more traditional real estate transaction and identify and negotiate with prospects that
would bring the most benefit to the City in terms of sales price.
Staffhas previously briefed the Economic Development Corporation Board earlier this evening.
No action is required at this point from either Council or the EDC Board. This briefing is
intended to be informational and allow both Council and EDC an opportunity to ask questions.
Should Council approve moving forward with the simultaneous closing method, staff will move
forward to develop the required contracts and documentation for formal consideration once an
end user is identified.
Action Required by Council:
Provide direction to staff on whether to move forward with the simultaneous closing method for
the disposition of real property owned by the City.
Approved for City Council Agenda
Steve Gillett,Interim City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 27, 2012
:N.A.
Source of Funds
Julian Garza
Requested By:
Account Number:N.A.
Department: Planning
Amount Budgeted:N.A.
Report: _X__Resolution: __Ordinance: ___
Amount Requested: _N.A.
Exhibit:Drainage Report
Budgeted Item: YES NO
SUMMARY
At the request of the Drainage Committee, staff is providing an update of active projects for Council
review. The update to the drainage projects is attached asan exhibit.Staff will be present to answer any
questions that Council may have regarding the projects in the report.
_____________________________________________________________________________________________
Action Required by Council:
ReceiveDrainage Report.
_____________________________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Steve Gillett, InterimCity ManagerDate
CITY COUNCIL DRAINAGE REPORT
February27, 2012
Contract Design and Construction
Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont
Park West, Brookglen and Fairmont Park East.All work is complete. Consultant
is preparing as-built plans, inspections and project closeout.
th
South 16Streets.Design in progress;plans at 95%, addressing agency
comments.
F101 Channel Improvements by HCFCD. Hydro excavation complete. Land
Dev Engineering preparing Preliminary Engineering Report.
In-House Design and Construction of City-Initiated Projects
F-216 Regional Detention Project.Construction issubstantially complete.
Battleview Area.Survey and design complete. Plans submitted for pipeline and
agency review.
East Main.Construction started February13, 2012.
Adams Street.Letter of no objection from Exxon Mobile Pipelinereceived.
Construction underway.
Sunrise and Broadway.Installation of additional culverts by Public Works at
South Shady Lane and Baywood along Broadway in progress.
Battleground Estates and Shady River.Working with HC and HCFCD.
In-House Drainage Maintenance Activities
North Shady Lane.Working to secure easement to improve and clean existing
drainage swaleon South Shady Lane and making design modifications to North
Shady Lane.
In-Fill DrainageMaintenance.Public Works working onditch re-grading onthe
Eastside.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:02-27-12
Source of Funds:
Requested By:Kenith Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits: 2011 Racial Profiling Report
Budgeted Item:YESNO
SUMMARY & RECOMMENDATION
The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of
Criminal Procedures. The Code requires that the police department annually report, to its
governing body, data collected on the race or ethnicity of individuals stopped for traffic
violations andsubsequently cited, searched and/or arrested.
The report indicatesthat the La Porte Police Department is fully in compliance with all relevant
Texas laws concerning racial profiling, including the existence of a formal policy prohibiting
racial profiling by its officers, officer training, and the collection of data in compliance with the
law. Additionally, a review of internal administrative records indicatedthat during 2011the
department received nocomplaintsthat could be categorized as involving some type of racial
profiling.As a result of this analysis,and the listed statistics,itbelieved that the officersof the
La Porte Police Department are operating appropriately and without bias relating to individual
violator race, ethnicity, or national origin.
Action Required by Council:
Receive report on the 2011 La Porte Police Department Racial Profiling Report as presented by
the Chief of Police.
Approved for City Council Agenda
Steve Gillett, Interim City ManagerDate
La Porte Police Department
rd
3001 North 23Street
La Porte, Texas 77571
281-471-3810 Fax: 281-470-1590
January 16, 2012
To:La Porte City Council
Thru:Steve Gillett, Interim City Manager
From: Kenith Adcox, Chief of Police
Subject: Racial Profiling Report for the La Porte Police Department
Honorable Council Members:
The following report is provided in accordance with Article 2.132 (7) of the Texas Code of
Criminal Procedures. The Code requires that the police department annually report,to its
governing body,data collected on the race or ethnicity of individuals stopped for traffic
violations andsubsequently cited, searched and/or arrested. Reporting musttake place on or
st
before March 1of each year.
The followingreport meets this requirement by providing a detailedanalysis of the La Porte
Police Department’s policies, training, and statistical information on racial profiling for the year
2011. To assist City Council in their examinationof the included data, detailed demographic data
has also been providedrelating to the City of La Porte, Harris County, and the State of Texas.
For the purposes of this report and analysis, the following definition of racial profiling is used:
racial profiling means a law enforcement-initiated action based on an individual's race,
ethnicity, or national origin rather than on the individual's behavior or on information
identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05).
La Porte Police Department Policy/ Trainingon Racial Profiling
A review of La Porte Police Department regulation 2.400provides evidence that the department
has adopted policies in compliance with Article 2.132 of the Texas Code of Criminal Procedure
(see Appendix A). There are several specific requirements mandated by Article 2.132 that a law
enforcement agency’s Racial Profiling Policymust address. Each of these requirements are
covered in the La Porte PoliceDepartment’s Racial Profiling Policy, which provides clear
direction that any form of racial profiling is prohibited and that officers found engaging in
inappropriate profiling may be disciplined up to and including termination. The regulations also
provide a very clear statement of the agency’s philosophy regarding equal treatment of all
persons regardless of race or ethnicity. All members of the La Porte Police Department have
received formal training required by the State of Texas relating to Racial Profiling and have been
provided, and signed for copies,of the departmental policy in question. Additionally, the policy
is required to be reviewed with all employees by supervisors on a bi-annual basis.
Steve Gillett Kenith Adcox
Interim City Manager Chief of Police
La Porte Police Department Statistical Data on Racial Profiling
In accordance with Departmental Policy, Officers of La Porte Police Department submitted
statistical informationon all citations issued in 2011and accompanying information on the race
of the person cited. This data has been aggregated and is presented in the below tables,
accompanied by relevant information on searches, arrests, and demographic information.
LPPD CitationsCompared with Overall Race Representationin Population
60
50
LA PORTE
(% of Citations)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
RaceLa PortePDLPPDLa Porte Harris CountyTexas
Citations Issued(Percent Cited Population Population Population
by Race) RepresentationRepresentationRepresentation
Asian1241.2%0.9%5.0%3.7%
Black1,27112.7%6.2%18.9%11.8%
Caucasian5,49354.8%50.7%15.8%32.8%
Hispanic3,00730.1%29.4%40.8%37.6%
Mid. East370.4%0.3%1.2%1.0%
Native Am120.1%0.6%0.7%0.7%
Other760.7%11.9%17.6%13.3%
Total10,020100%100%100%100%
LPPD Searches Compared with Overall Race Representation in Population
70
60
LA PORTE
50
(% of Searches)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
RaceLPPDWithoutWith La Porte La Porte HarrisCounty Texas
(Percent Population
SearchesConsentConsent Population Population
SearchedRepresentation
RepresentationRepresentation
by Race)
Asian0000.0%0.9%5.0%3.7%
Black56233314.6%6.2%18.9%11.8%
Caucasian23411911560.8%50.7%15.8%32.8%
Hispanic95395624.6%29.4%40.8%37.6%
Mid. East0000.0%0.3%1.2%1.0%
Native Am0000.0%0.6%0.7%0.7%
Other0000.0%11.9%17.6%13.3%
Total385181204100%100%100%100%
LPPD ArrestsCompared with Overall Race Representation in Population
60
50
LA PORTE
(% of Arrests)
40
LA PORTE
30
(Total Race %)
20
HARRIS COUNTY
10
(Total Race %)
0
TEXAS
(Total Race %)
RaceLPPD ArrestsLa PortePD La Porte Texas
HarrisCounty
Population
(Percent ArrestedPopulation Population
Representation
by Race)RepresentationRepresentation
Asian20.2%0.9%5.0%3.7%
Black12612.9%6.2%18.9%11.8%
Caucasian53655.3%50.7%15.8%32.8%
Hispanic30731.6%29.4%40.8%37.6%
Mid. East00.0%0.3%1.2%1.0%
Native Am00.0%0.6%0.7%0.7%
Other00.0%11.9%17.6%13.3%
Total971100%100%100%100%
Overall involvement by Race for LPPD Citations and Arrests
(In Comparison to La Porte Population)
60
50
40
30
Involvement
Population
20
10
0
Race% of Race Involvement % of Race in La Porte Population
Asian0.5%0.9%
Black12.8%6.2%
Caucasian55.1%50.7%
Hispanic30.8%29.4%
Mid. East0.2%0.3%
Native Am0.1%0.6%
Other0.5%11.9%
Total100%100%
The above statistics seem to indicate that Black andCaucasiandrivers were cited and arrested
incident to traffic violations at a rate that is notably higher than thepercentage of their respective
residencywithin the City of La Porte. While noticeable, easy determinations regarding whether
or not La Porte officers have “racially profiled" a given motorist are impossible given the fact
that the included census data represents established 2010 U.S. Census population figures
according to Demographic Profile Data of General Population and Housing Characteristics
representing all age groups, yet doesnot take into account a specific combination of age and race
regarding the percentageof the drivers who were actually stopped. Additionally, whilethe 2010
population figures arerepresented, updates of the projected demographic statistics for 2011are
not yet available. Further interpretation problems existin regardto the police officers
themselves who are currently forced to make subjective determinations regarding an individual's
race based on his or her personal observations because the Texas Department of Public Safety
does not provide an objectively based determination of an individual's race/ethnicity on the
Texas driver's license.
The absence of any verifiable race/ethnicity data on the driver's license is especially troubling
given the possibility of citizens who are of mixed racial decent. As such, the validity of any
racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct
proportion to the number of subjective "guesses" officers are forced to make when trying to
determine an individual's racial/ethnic background.It is also important to note that these
variations appear less significant when examining statistics relating strictly to residents of the
City of La Porte. This may indicate that minority drivers traveling through the City from other
areas of the county/state/country, which are much more highly represented by minority
populations, may account for larger percentages of non-resident traffic offenders, making
comparisons relating strictly to La Porte area populations difficult. Still, the La Porte Police
Department is committed to providing public safety without bias of any type and will continue to
closely track, monitor, and regulate employee activities in order to ensure that biased-based
policing does not occur.
Note: Enforcement statistics relating to Asian,Hispanic, Middle Eastern, Native American,and
Otherdrivers either closely mirror or are below population ratios within the City ofLa Porte.
In summary, the foregoing analysis shows that the La Porte Police Department is fully in
compliance with all relevant Texaslaws concerning racial profiling, including the existence of a
formal policy prohibiting racial profiling by its officers, officer training, and the collection of
data in compliance with the law. Additionally, a review of internal administrative records
indicatedthat during 2011the department received nocomplaintsthat could be categorized as
involving some type of racial profiling.As a result of this analysis,and the listed statistics,it is
my belief that the officersof the La Porte Police Department are operating appropriately and
without bias relating to individual violator race, ethnicity, or national origin.
Respectfully Submitted,
________________________
Kenith R. Adcox
Chief of Police
AppendixA
LA PORTE POLICE DEPARTMENT
GENERAL ORDERS
SUBJECT:
Racial Profiling Prohibited
GENERAL ORDER
2.400
DATE:
041811
REFERENCE:
GO 4.008 Mobile Video (In Car) Recording Equipment
SPECIAL INSTRUCTIONS:
DISTRIBUTION:
Sworn Personnel
NO. PAGES:
6
SECTION 1PURPOSE
To comply with the Texas Code of Criminal Procedure Article 2.132
To reaffirm this Department’s commitment to unbiased policing in all its encounters between an
officer and any person.
To reinforce procedures that serve to ensure public confidence and mutual trust through the
provision of services in a fair and equitable fashion.
To protect our officers from unwarranted accusations of misconduct when they act within the
dictate of departmental policy and the law.
SECTION 2POLICY
It is the policy of this Department to police in a proactive manner and to vigorously investigate
suspected violations of law. Officers shall actively enforce municipal, state and federal laws in a
responsible and professional manner, without regard to race, ethnicity or national origin.
Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This
policy shall be applicable to all persons, whether drivers, passengers or pedestrians.
Officers shall conduct themselves in a dignified and professional manner at all times when
dealing with the public. Two of the fundamental rights guaranteed by both the United States and
Texas constitutions are equal protection under the law and freedom from unreasonable searches
and seizures by government agents. The right of all persons to be treated equally and to be free
from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable
patrol tactic and will not be condoned.
This policy shall not preclude officers from engaging in consensual contacts or offering
assistance, such as initiating contact upon observing a substance leaking from a vehicle, a flat
tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping
someone suspected of a crime based upon observed actions and/or information received about
the person.
SECTION 3DEFINITIONS
A.
Racial Profiling –A law enforcement-initiated action based solely upon an
individual’s race, ethnicity, or national origin rather than on the individual’s behavior or
on information identifying the individual as having engaged in criminal activity.
Racial profiling pertains to persons who are viewed as suspects or potential suspects of
criminal behavior. The term is not relevant as it pertains to witnesses, complainants or
other citizen contacts. The prohibition against racial profiling set forth by this policy
does not preclude the use of race, ethnicity or national origin as factors in a detention
decision. Race, ethnicity or national origin may be legitimate factors in a detention
decision when used as part of an actual description of a specific suspect for whom an
officer is searching. Detaining an individual and conducting an inquiry into that person’s
activities simply because of that individual’s race, ethnicity or national origins is racial
profiling. Examples of racial profiling include but are not limited to the following.
a.Citing a driver who is speeding in a stream of traffic where most other drivers
are speeding because of the cited driver’s race, ethnicity or national origin.
b.Detaining the driver of a vehicle based on the determination that a person of
that race, ethnicity or national origin is unlikely to own or possess that specific
make or model of vehicle.
c.Detaining an individual based upon the determination that a person of that race,
ethnicity or national origin does not belong in a specific part of town or a specific
place.
d.A law enforcement agency can derive at two principles from the adoption of
thisdefinition of racial profiling:
e.Police may not use racial or ethnic stereotypes as factors in selecting whom to
stop and search, though police may use race in conjunction with other known
factors of the suspect.
f.Law enforcement officers may not use racial or ethnic stereotypes as factors in
selecting whom to stop and search. Racial profiling is not relevant as it pertains
to witnesses, complainants or other citizen contacts.
B. –
Race or EthnicityOf a particular decent, including Caucasian, African, Hispanic,
Asian, or Native American.
C. –
Pedestrian StopAn interaction between a peace officer and an individual who is
being detained for the purpose of a criminal investigation in which the individual is not
under arrest.
D. –
Traffic StopA peace officer that stops a motor vehicle, for an illegal violation of a
law or ordinance regulating traffic.
E.–
Officer Initiated Stop/ActivityA peace officer stops or initiates an activity based
solely on his own observations and initiative, not related to a dispatched call for service.
SECTION 4TRAINING
A.
Officers are responsible to adhere to all Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE) training requirements as mandated by law.
B.
All officers shall complete TCLEOSE training and education programs on racial
profiling as prescribed by TCLEOSE as part of their continuing education. Officers will
additionally attend other in-service training that is related to the core issue of racial
profiling. The Support Services Sergeant will maintain training records of those courses
and recommend further training as it may be developed.
SECTION 5COMPLAINT INVESTIGATION
A.
The Department shall accept complaints from any person who alleges he or she has
been stopped or searched based on racial, ethnic or national origin profiling. No person
shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated
against because he or she filed such a complaint.
B.
Any Officer who receives an allegation of racial profiling, to include the Officer
making the initial stop, shall direct the individual on how to contact the shift supervisor
who will initiate the complaint process.
C.
The complaint will be investigated in a timely manner.
D.
If the racial profiling complaint is sustained, it may result in appropriate corrective
and/or disciplinary action, up to and including indefinite suspension based on the nature
of the sustained allegation.
SECTION 6PUBLIC EDUCATION
The Department will inform the public of its policy against racial profiling and the citizen
complaint process. Methods that may be utilized to inform the public include but are not limited
to local newspapers, La Porte’s Public Access Television Channel, brochures, presentations to
Citizens Police Academy, Alumni, Civic Associations, Chamber of Commerce, and the City’s
Website. Additionally, information will be made available as appropriate in English and Spanish.
SECTION 7CITATION DATA COLLECTION AND REPORTING
A.
An officer is required to collect information relating to traffic stops in which a citation
is issued. On the citation or designated form officers must include:
1.The violator’s race or ethnicity:
2.Whether a search was conducted;
3.Was the search consensual, and
4.Was the violator arrested for this cited violation or any other violation.
st
B.
By March 1of each year, the Department shall submit a report to the City Manager
and City Council that includes the information gathered by the citations during the
preceding year. The report will include:
a.A breakdown of citations by race and ethnicity;
b.Number of citations that resulted in a search;
c.Number of searches that were consensual, and
d.Number of citations that resulted in custodial arrest for this cited violation or
any other violation
SECTION 8OFFICERS UTILIZING VIDEO AND AUDIO EQUIPMENT
A.
Any time an Officer of the Department makes a traffic or pedestrian stop, which is
capable of being recorded with audio-video equipment or with audio recording
equipment (electronic recordings), the stop shall be so recorded. If an officer makes any
electronic recordings of a traffic or pedestrian stop, which results in the issuance of a
citation or an arrest, the Officer shall:
1. Insure that the required information in Section 7Ais properly entered on the
citation.
2. Complete the Pedestrian / Traffic Stop Record as required in Section 9, if
appropriate.
B.
The Department shall retain all electronic recordings of each traffic and pedestrian
stop for at least 90 days after the date of the stop. If a complaint is filed with the
Department alleging an Officer has engaged in racial profiling, then the Department shall
retain any electronic recordings as evidence of the stop until the final disposition of the
complaint.
C.
Shift Supervisors shall ensure that Officers of this Department are making electronic
recordings of their traffic and pedestrian stops.
D.
If the Police vehicle is not fitted with equipment to make any electronic recordings of
traffic or pedestrian stops, or the equipment is malfunctioning or otherwise not operable
at the time of the stop, then the officer shall make a written record of the stop as required
by Section 9of this policy.
SECTION 9OFFICERS MAKING PEDESTRIAN AND TRAFFIC STOPS
WITHOUT VIDEO / AUDIO EQUIPMENT
A.
If an Officer stops a motor vehicle for an alleged violation of a law or ordinance
regulating traffic, or stops a pedestrian for any suspected offense, but fails to make or
is incapable of makingany electronic recordings of the stop, then the Officer shall
record and report the following information on the form designated as the Pedestrian /
Traffic Stop Record. This form shall minimally require:
1.The activity number for the stop.
2.The date of thestop.
3.An indication whether the stop was Call Initiated or Officer Initiated.
4.An indication whether the person stopped is a resident or non-resident.
5. A physical description of each person detained as a result of the traffic stop,
including:
a. The person’s gender;
b. The person’s race or ethnicity, as stated by the person or as determined
by the officer to the best of his/her ability;
6. The street address or approximate location of the stop.
7. The suspected offense or traffic law or ordinance alleged to have been violated.
8. Whether the Officer conducted a search as a result of the stop and, if so,
whether the person detained consented to the search.
9. Whether probable cause to search existed and, if so, the fact(s) supporting the
existence of that probable cause.
10. Whether any contraband was discovered in the course of the search and, if so,
the type of contraband discovered.
11. Whether the Officer made an arrest as a result of the stop and/or search, and,
if so, a statement of the offense charged.
12. Whether the Officer issued a warning or a citation as a result of the stop and if
so, a statement of the offense charged.
13. The Officer’s Employee Number.
B.
This Department shall compile and analyze the information contained in these
st
individual reports. Not later than March 1of each year, this Department shall
submit a report to the City Manager and City Council containing the information
compiled from the preceding year in a manner they approve. This report shall
include:
1.A comparative analysis of the information contained in the individual reports
in order to:
a.Determine the prevalence of racial profiling by officers in this
Department; and
b.Examine the disposition of traffic and pedestrian stops made by this
Department’s Officers, including searches resulting from stops.
2.This report will not include identifying information about an Officer who
makes a stop or about an individual who is stopped or arrested by an Officer.
SECTION 10SUPERVISORY REVIEWS
A.
Recordings are to be randomly reviewed to assist in periodic assessment of officer
performance, determine whether the recording equipment is being fully and properly
used, and to identify material that may be appropriate for training. Supervisors
assigned to the Patrol and Traffic Division shall conduct a minimum of two random
reviews of recordings involving various officers under their supervision every two
weeks. The reviews shall be documented in the OSSI MOBV system, noting the
name of the reviewing supervisor, the date andtime reviewed, and the unit number
reviewed. Findings/dispositions of the review, and supervisor’s recommendations for
actions if appropriate (commendations, corrective actions, etc) shall also be noted in
the system.
B.
The Assistant Chief of the Patrol Bureau shall conduct an audit of the system the first
part of each month and shall verify that all appropriate supervisors are in compliance
with this general order, and ensure that the log is accurately completed. The Assistant
th
Chief shall notify the Chief of Police no later than the 10day of each month of his
findings.
SECTION 11LIABILITY
Under the Code of Criminal Procedure Article 2.136 Liability, a Peace Officer is not liable for
damage arising from an act relating to the collecting or reporting of information as required
under Article 2.133 and Article 2.134.
SECTION 12EXEMPTION
Under the Code of Criminal Procedure Article 2.135 there is a provision that agencies using
video and audio equipment are not required to meet the requirements of Section 9 of this
procedure.
Authority:
Kenith R. Adcox, Chief of Police
Council Agenda Item
February 27, 2012
10.ADMINISTRATIVE REPORTS
(a)
La Porte Development Corporation Board Meeting, February 27, 2012
(b)
City Council Meeting, Monday, February 27, 2012
(c)
LaPorte Livestock Show and Rodeo Association Board Meeting, March 1, 2012
(d)
City Council Meeting, Monday, March 12, 2012
(e)
Drainage and Flooding Committee,Monday, March 19, 2012
(f)
Fiscal Affairs Committee Meeting, Monday, March 26, 2012
(g)
City Council Meeting, Monday, March 26, 2012
(h)
City Council Budget Retreat, Saturday, April 14, 2012
(i)
Electionfiling period –February 4, 2012 –March 5, 2012
11. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies–Councilmembers Mosteit, Clausen,
Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor Rigby.
12.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code, including, but not limited to, the following:
Texas Government Code, Section 551.072 –
Deliberation regarding real property:
Discussion of the sale of property located at 908 and 912 West Main Street.
Texas Government Code, Section 551.074 –
Personnel Matters for the purpose of
deliberating the evaluation and duties of a public officer or employee: City Secretary
Patrice Fogarty
13. RECONVENE
into regular session and consider action, if any, on items discussed in
executive session.
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Council Agenda Item
February 27, 2012
14.ADJOURN
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