HomeMy WebLinkAbout2011-02-14 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
February 14, 2011
1. Call to order
The meeting was called to order by Mayor Rigby at 6:00 p.m.
Members of City Council Present: Council members Tommy Moser, John Zemanek, Mike
Clausen, Chuck Engelken, Jay Martin, Mike Mosteit, John Black, Daryl Leonard and Mayor
Rigby
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, Traci Leach, Stacey Osborne and Melisa Boaze
Legal: Knox Askins and Clark Askins
City Secretary's Office: Sharon Harris and Robin Eldridge
Finance: Michael Dolby
Fire: Mike Boaze, Donald Ladd and Tammy Kannarr
Planning: Tim Tietjens, Regan McPhail, Brian Sterling, Debbie Wilmore, Masood Malik,
Rodney Slaton and Julian Garza
Police Department: Ken Adcox, Leo Trim and Jeff Tippitt
Public Works: Don Pennell
EOC: Jeff Suggs
Others Present: Jim Guidry, Ramona Chavez, Cindy Griffis, Charlie Hinds, Bobby
Slocum, Chuck Rosa, David Janda, Joe Manchaca, Bill Brumfield, Kathryn Aguilar,
Charlotte Wells, Steve Stewart, Chad Burke, Charles Montgomery, Todd Johnston,
Anthony Villarreal, Charlotte Wells, Brain Fielkow, Russell Plank, Colleen Hicks, Dottie
Kaminski, Ted Powell, Phillip Hoot, Karen Rigby, David Janda, Diane Koonce, Jeff,
McKinny, Anita Willis, Rick and Leslie Guzman, Greg Oros, Robert Eldridge, N. Elliott,
Jonathan Kocian, Donna Kocian, Steve Mc Neil, Valarie McNeil and Brian Christen
2. The Invocation was given Brian Christen of the La Porte Community Church
3. Councilmember Jay Martin led the Pledge of Allegiance
4. Presentations /Proclamations
There were not any presentations /proclamations presented.
5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Chuck Rosa - 812 S. Virginia, La Porte, Texas addressed City Council complimenting the
Police Department for their efforts resolving the recent thefts in the community.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 2
David Janda 412 Spencer Landing East, La Porte, Texas addressed City Council in favor
of item 14B and the broadcasting City Council Meetings.
Anthony Villarreal 3903 Barracuda Ln. La Porte, Texas addressed City Council regarding
the noise at the Port of Houston.
Bill Brumfield 3810 Bonita Ln. La Porte, Texas addressed City Council regarding ships
going and coming in the Port of Houston.
Kathryn Aguilar 3119 Fondren La Porte, Texas addressed City Council with concerns of
items 7, 11 & 22.
Charlotte Wells 3342 Miramar Dr. Shoreacres, Texas addressed City Council regarding the
noise at the Port of Houston.
Phillip Hoot 927 Seabreeze La Porte, Texas addressed City Council concerning noise
pollution at the Port of Houston and Barbarous Cut, opposing item 7 and inquired of an
update on the sale of the property located at 912 W. Main.
Brian Fielkow 5521 Harvey Wilson Dr. Houston, Texas addressed City Council opposing
item 7.
Charles Montgomery 2019 Laura Ln. La Porte, Texas addressed City Council opposing
item 7.
Ted Powell 1700 Roscoe St. La Porte, Texas addressed City Council opposing item 7 and
in favor of item 14B.
Bobby Slocum 202 N.11 La Porte, Texas addressed City Council in favor of item 9.
Todd Johnston 400 W. Main La Porte, Texas addressed City Council in favor of item 9.
Charlie Hinds 11521 N. L Street La Porte, Texas addressed City Council in favor of item 9.
Russell Plank (Port Crossing) 3900 Woodchase Houston, Texas addressed City Council
regarding safety regulations of item 7.
Joe Manchaca (Satellite Logistics) 101 E. Barbarous Cut La Porte, Texas addressed City
Council regarding item 7.
6. Consent agenda — Any item may be removed by a Councilperson for discussion.
A. Consider approval or other action of minutes of Regular Meeting and Workshop
Meeting of the La Porte City Council held on January 24, 2011 — S. Harris
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 3
B. Consider approval or other action regarding an ordinance amending the City of La
Porte 2010 -2011- Fiscal Year Budget — (Ord. 3317) — M. Dolby
C. Consider approval or other action regarding an ordinance amending Chapter 50,
"Parks and Recreation" of the Code of Ordinances of the City of La Porte, Texas
by adopting use regulations for Sylvan Beach Park, including prohibition of
alcoholic beverages — (Ord.3318) — S. Barr
D. Consider approval or other action awarding bid #11012 for de- silting ditches — J.
Garza
E. Consider approval or other action regarding an ordinance authorizing the City
Manager to execute an Industrial District Agreement with Kuraray, America, Inc.
(2007 -IDA -122) — (Ord. 3319) — K. Askins
Assistant City Attorney Clark Askins read the following Ordinance captions:
Ordinance 3317 — AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET
FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2010
THROUGH SEPTEMBER 30, 2011; 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.
Ordinance 3318 — AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND
RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS;
ADOPTING USE REGULATIONS FOR SYLVAN BEACH PARK, INCLUDING
PROHIBITION OF ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3319 — AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF
LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH KURARAY AMERICA,
INC., FOR THE TERM COMMENCING JANUARY 21, 2011, AND ENDING DECEMBER
31, 2019, 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 Engelken to approve the consent as presented.
Second by Councilmember Clausen. The motion carried unanimously.
Ayes: Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin and Clausen and
Mayor Rigby.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 4
Nays: None
Abstain: None
Absent: None
7. Consider approval or other action regarding a Resolution opposing or supporting
legislation that would increase allowable truck haul weights and the development of a truck
Heavy Haul Corridor (s) in the City of La Porte (Res. 2011 -01) — R. Bottoms
Mayor Rigby presented summary and recommendation and answered Councils' questions.
Chad Burke, President of Economic Alliance Houston Port Region addressed City Council
supporting the development of a Heavy Haul Corridor in the City of La Porte with safety
regulations.
Steve Stewart, President of Gulf Winds International, Inc. addressed City Council
opposing the development of a Heavy Haul Corridor in the City of La Porte.
Patrol Officer Jeff Tippitt answered Council's questions regarding truck haul weights, fines,
age /mileage and hazardous materials carried in the trucks.
Assistant City Attorney Clark Askins read: Resolution 2011 -01 — A RESOLUTION
OPPOSING LEGISLATION THAT INCREASES THE MAXIMUM TRANSPORT HAULED
OVER ROADWAYS IN THE CITY OF LA PORTE, TO INCLUDE A HEAVY HAUL
CORRIDOR (S); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW,
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Zemanek to approve a resolution opposing any
legislation that would increase truck weights from 80,000 Ibs to 100,000 lbs. Second by
Councilmember Leonard. The motion carried unanimously.
Ayes: Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, Clausen and Mayor
Rigby.
Nays: None
Abstain: None
Absent: None
8. Public Hearing — Discuss proposed amendments to Chapters 78 "Vehicles for Hire" of the
La Porte Code of Ordinances regarding permitting and operation of Automobile Wreckers
and Towing Vehicles, as recommended by the La Porte Wrecker Committee — T. Tietjens/
K. Adcox
Mayor Rigby opened the Public Hearing at 7:37 p.m.
Planning Director Tim Tietjens and Chief of Police Ken Adcox presented summary and
recommendation and answered Councils' questions.
Public Input: None
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 5
Recommendation of Staff to approve amending Chapter 78, Vehicles for Hire Article III,
Automobile Wreckers and Towing Vehicles.
Mayor Rigby closed Public Hearing and reconvened Regular Meeting at 7:44 p. m.
9. Consider approval or other action on recommendation of La Porte Wrecker Committee to
approve an ordinance amending Chapter 78 "Vehicles for Hire" of the La Porte Code of
Ordinances regarding permitting and operation of Automobile Wreckers and Towing
Vehicles (Ord. 3320) — T. Tietjens /K. Adcox
Assistant City Attorney Clark Askins read Ordinance 3320 — AN ORDINANCE AMENDING
CHAPTER 78, "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE BY AMENDING ARTICLE III. "AUTOMOBILE WRECKERS AND TOWING
VEHICLES" REGARDING REGULATION OF WRECKERS AND TOWING SERVICES,
AND PERMITTING OF SAME; 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 ($2,000);
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to approve ordinance 3320 as presented
by Mr. Tietjens. Second by Councilmember Mosteit The motion carried unanimously.
Ayes: Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, Clausen and Mayor
Rigby.
Nays: None
Abstain: None
Absent: None
10. Public Hearing — Discuss proposed two -year La Porte Fire Control, Prevention, and
Emergency Medical Services Plan and two -year budget plan of the La Porte Fire Control,
Prevention, and Emergency Medical Services District — D. Ladd
Mayor Rigby opened the Public Hearing at 7:45 p.m.
Assistant Fire Chief Donald Ladd presented summary and recommendation and answered
Councils' questions.
Public Input:
Ted Powell 1700 Roscoe St. La Porte, Texas addressed City Council opposing a two year
budget plan.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 6
Jeff Tippitt 1011 Collingwood Dr. La Porte, Texas addressed City Council in favor of a two
year budget plan.
David Janda 412 Spencer Landing East, La Porte, Texas addressed City Council
expressing his concerns with a two year budget plan.
Chuck Rosa 812 S. Virginia La Porte, Texas addressed City Council opposing a two year
budget plan.
Phillip Hoot 927 Seabreeze La Porte, Texas addressed City Council opposing a two year
budget plan.
Recommendation of Staff: approval of an ordinance authorizing the two -year Fire Control,
Prevention, and Emergency Medical Services Plan and two -year budget plan of the La
Porte Fire Control, Prevention and Emergency Medical Services District.
Mayor Rigby closed Public Hearing and reconvened Regular Meeting at 8:15 p m.
11. Consider approval or other action on recommendation of Temporary Board of the Fire
Control, Prevention, and Emergency Medical Services District to approve an ordinance
authorizing the two -year La Porte Fire Control, Prevention, and Emergency Services Plan
and two -year budget plan of the La Porte Fire Control, Prevention, and Emergency
Services District (Ord. 3321) — D. Ladd
Assistant City Attorney Clark Askins read Ordinance 3321, AN ORDINANCE APPROVING
AND AUTHORIZING THE TWO -YEAR FIRE CONTROL, PREVENTION, AND
EMERGENCY MEDICAL SERVICES PLAN AND TWO -YEAR BUDGET PLAN OF THE LA
PORTE FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES
DISTRICT, 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 Clausen to approve ordinance 3321 as presented
Mr. Ladd. Second by Councilmember Martin The motion carried unanimously.
Ayes: Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, Clausen and Mayor
Rigby.
Nays: None
Abstain: None
Absent: None
12. Consider approval or other action authorizing the City Manager to execute an agreement
with Ray & Hollington Architects for design of a New Fires Station #1 — D. Ladd
Assistant Fire Chief Donald Ladd presented summary and recommendation and answered
Councils' questions.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 7
Motion was made by Councilmember Moser to authorize the execution of an agreement
with Ray & Hollington Architects for design of New Fires Station #1 as presented Mr. Ladd.
Second by Councilmember Zemanek The motion carried unanimously.
Ayes: Council members Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin,
Clausen and Mayor Rigby.
Nays: None
Abstain: None
Absent: None
13. Consider approval or other action authorizing the City Manager to execute a three year
lease agreement with the La Porte Community Church regarding overflow parking for Five
Points Plaza — T. Tietjens (This item was tabled at the December 13, 2010 City Council
Meeting)
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Motion was made by Councilmember Zemanek to approve the agreement with the La
Porte Community Church regarding overflow parking for Five Points Plaza as presented by
Mr. Tietjens. Second by Councilmember Leonard. The motion carried.
Ayes: Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, Clausen and Mayor
Rigby.
Nays: None
Abstain: None
Absent: None
City Council recessed the meeting at 8:29 p.m.
City Council returned to the table at 8:40 p.m.
14. Mayor Rigby closed Regular Meeting and Opened Workshop Meeting at 8:40 p.m.
A. Discuss appointment of a Re- Districting Committee based on the 2010 Census and
provide staff with direction — K. Askins
City Attorney Knox Askins discussed the appointment of a Re- Districting Committee
based on the 2010 Census.
City Council directed staff to bring an ordinance back to the February 28, 2011 Council
Meeting to appoint a Re- Districting Committee based on the 2010 Census.
City Attorney Knox Askins was authorized to engage Hobby Center at the Universities
of Houston and Rice to provide a statistical analysis.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 8
B. Discuss Community Communications of the City of La Porte and provide staff with
direction — Traci Leach
Assistant City Manager Traci Leach discussed Community Communication ideas for
the City of La Porte.
City Council directed staff to move forward with Community Communications ideas,
not to create a new staff position or a low frequency FM radio station.
Staff was directed to expand the channel 16 offerings by possibly utilizing local cable
providers. Staff was also directed to provide Council with the number of customers
provided cable service in the City of La Porte and which cable providers.
C. Discuss and receive Report regarding F216 excavation activity and provide Staff with
Direction — T. Tietjens
Planning Director Tim Tietjens discussed F216 excavation activity.
City Council directed Staff to move forward with Request for Proposals for completion
of project.
15. Mayor Rigby closed the Workshop Meeting and opened the Regular Meeting at 9:59 p.m.
16. Receive Container Update Report — D. Wilmore
Chief Building Official Debbie Wilmore provided the Container Update Report.
17. Receive monthly Drainage Report from Staff — T. Tietjens
Senior Engineer Julian Garza provided the monthly Drainage Report.
18. Receive Report from the La Porte Development Corporation Board — Chairman Chuck
Engelken
Chairman Chuck Engelken provided a Report from the La Porte Development Corporation
Board.
19. Receive Report from the Fiscal Affairs Committee — Chairman Chuck Engelken
Chairman Chuck Engelken provided a Report from the Fiscal Affairs Committee.
20. Administrative Reports
February 15, 2011 — Fire Control, Prevention, and Emergency Medical Services District
Meeting — Fire Administration Building —125 South 2nd Street — 5:30 p.m.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 9
February 17, 2011 — Harris County Mayor and Council Association Dinner — Brady's
Landing — 6:30 p.m.
February 21, 2011 — City Hall will be closed for Records Management Day
February 25, 2011 Employee Chili /BBQ Cook -off — Evelyn Kennedy Center — 6:00 p.m. —
10:00 p.m.
February 25, 2011 — "Casino" Night — Barbour's Cut Terminal — 820 N. L Street — 6:30 p.m.
February 28, 2011 — City Council Meeting — 6:00 p.m.
21. Council Comments: Clausen, Martin, Moser, Black, Zemanek, Leonard, Engelken Mosteit,
and Mayor Rigby
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
22. 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
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
551.071 (Pending or Contemplated Litigation) State of Texas vs. Port of
Houston
Council retired to executive session at 10:18 p.m.
Council returned to the table and reconvened the Regular Meeting at 10:50 p.m.
23. Considerations and possible action on items considered in executive session.
City Council directed the City Attorney to pursue mediation with the Port of Houston.
24. Adjournment
Being no further business, the meeting was duly adjourned at 10:51 p.m.
spectfully submi d,
M
Sharon Harris, TRMC
Assistant City Secretary
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on February 14, 2011 10
Passe,' e - -, •roved on this 28th day of February 2011.
a or Louis ; R !by