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Home My WebLink About2011-03-28 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Mayor Pro Tem JOHN ZEMANEK O A Councilmember District 3 Councilmember at Large A ' O TOMMY MOSER JOHN BLACK 9 Councilmember at Large B / Councilmember District 4 MIKE MOSTEIT v JAY MARTIN Councilmember District 1 Councilmember District 5 L " 1 MIKE CLAUSEN CHUCK ENGELKEN t'i„r Councilmember District 6 Councilmember District 2 y MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 28, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, March 28, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. Call to Order Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, and Clausen. Staff present: Traci Leach, Assistant City Manager; Clark Askins, Assistant City Attorney; Patrice Fogarty, City Secretary. 2. Invocation — The Invocation was given by Brian Christen of La Porte Community Church. 3. Pledge of Allegiance — The Pledge of Allegiance was led by Councilmember Zemanek. 4. Presentations /Proclamations — Paula Lowe of Pattillo, Brown & Hill, L.L.P., presented the 2010 Comprehensive Annual Financial Report. 5. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council (Comments limited to five minutes) Mary Lee Nolley, 2819 E. Street, mentioned problems that she has been having viewing the backup on agendas recently via the City's website. Thomas Forrester, an Attorney with CenterPoint, opposes Item 8, and asked that negotiations between the City and CenterPoint begin again. Phillip Hoot, 927 Seabreeze, asked that City Council table Item 7 because the City does not own the Sylvan Beach Pavilion. Deena Shields, 9621 Rustic Gate, is in favor of saving and preserving the Sylvan Beach Pavilion. Bernard LeGrand, 3115 Layne Court, is in favor of saving and preserving the Sylvan Beach Pavilion. Anthony Villarreal, 3903 Baracuda, supports designating the Sylvan Beach Pavilion as a State Archeological Landmark. Kathryn Aguilar, 3119 Fondren, is in favor of preserving and repairing the Sylvan Beach Pavilion. Ted Powel, 1700 Roscoe, presented documents and support for the designation of the Sylvan Beach Pavilion as a State Archeological Landmark. Phillip Dunn, 701 San Jacinto St, opposes Safety Town's preferred location. Jessica Newman, 1704 Roscoe, spoke of recent robberies in her neighborhood and is concerned for her family as well as her neighbors. Dave Klingman, 3810 Pecan Circle, spoke of the many great events held at the Sylvan Beach Pavilion in the past. Page 1 of 6 March 28, 2011, City Council Meeting Minutes 6. Consent Agenda A. Consider approval or other action of minutes of the Regular Meeting of the La Porte City Council held on March 14, 2011 — P. Fogarty B. Consider approval or other action regarding an ordinance approving an agreement between the City of La Porte and the City of Shoreacres for city jail services (Ord. 3329) — K. Adcox C. Consider approval or other action awarding bid #11017 for lighting replacement, retrofit and lighting control — T. Tietjens D. Consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with the Port of Houston Authority for Secondary Fire Protection with the City of La Porte Fire Department (Ord. 3330) — D. Ladd E. Consider approval or other action awarding bid #11018 for Little Cedar Bayou Park Paving improvements — S. Barr Assistant City Attorney Clark Askins read the caption of Ordinance 3329, AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF SHOREACRES, TEXAS TO PROVIDE JAIL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AS EFFECTIVE DATE HEREOF. Bid 11017 was awarded to Mr. Electric in the amount of $81,513.24 with a construction contingency of $4,851.76 for lighting replacement, retrofit and lighting control. Bid 11018 was awarded to Angel Brothers Enterprises, LTD, for repaving of parking and entrance road at Little Cedar Bayou Park, Little Cedar Bayou Nature Trail parking and Brookglen Park parking lots ($237,240), testing services by Terracon ($8,030), and project contingency, for a total amount not to exceed $274,442. Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 7. Consider approval or other action regarding a resolution opposing or supporting the designation of the Sylvan Beach Pavilion as a State Archeological Landmark (Res. 2011 -03) — R. Bottoms In City Manager Bottoms' absence, Assistant City Manager Traci Leach presented a summary of this item and answered Councilmembers' questions. Councilmember Black moved to take no action on this item. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None Page 2 of 6 March 28, 2011, City Council Meeting Minutes 8. Consider approval or other action regarding a resolution authorizing the acquisition of 0.0344 acres of land by condemnation from CenterPoint Energy (Res. 2011 -04) — S. Barr Councilmember Engelken filed a conflict of interest affidavit on this item and left the table at 6:56 p.m. Parks and Recreation Director Stephen Barr presented a summary and answered Councilmembers' questions. Assistant City Attorney Clark Askins read the caption of Resolution 2011 -04, A RESOLUTION AUTHORIZING THE ACQUISITION OF A TEN (10) FOOT WIDE PEDESTRIAN BIKE EASEMENT, CONTAINING 0.0344 ACRES OF LAND IN THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Martin moved to table this item until additional information is given. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Moser, Clausen, Black and Martin Nays: None Abstention: Councilmember Engelken Councilmember Engelken returned to the table at 7:15 p.m. 9. Consider approval or other action authorizing the City Manager to authorize the Professional Services of Kendig Keast Collaborative to complete the Comprehensive Plan Update — T. Tietjens Planning Director Tim Tietjens presented a summary and recommendation and answered Councilmembers' questions Bret Keast, a representative from Kendig Keast Collaborative, spoke and answered Council's questions. The following criteria was suggested: There would be approximately six meetings with the Planning and Zoning Board; the project would be a nine- to ten -month process; they ask that one or two Councilmembers attend and structure these meetings to their liking; workshops are encouraged; and they would like for Council to appoint members to this group. Councilmember Engelken moved to authorize the Professional Services of Kendig Keast Collaborative to complete the Comprehensive Plan Update as presented by staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Zemanek, Mosteit, Moser, Clausen, Black and Martin Nays: None Page 3 of 6 March 28, 2011, City Council Meeting Minutes 10. Consider approval or other action authorizing staff to proceed with projects identified in the Funds Available For Future Projects List presented and approved by the Drainage Committee — J. Garza Councilmember Moser moved to authorize staff to proceed with projects as identified in the Funds Available For Future Projects List presented and approved by the Drainage Committee. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None Mayor Rigby called for a ten minute recess at 7:58 p.m. Mayor Rigby called the regular meeting back session at 8:10 p.m. 11. Consider approval or other action regarding a Meet and Confer Agreement between the City of La Porte and La Porte Police Officer's Association — K. Adcox Police Chief Adcox presented a summary and recommendation and answered Council's questions. Councilmember Black moved to approve the Meet and Confer agreement between the City of La Porte and the La Porte Police Officers' Association. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 12. Review findings of the Dangerous Building Inspection Board and consider authorizing a public hearing date of April 25, 2011 — D. Wilmore Chief Building Official Debbie Wilmore gave a summary review of the list of dangerous buildings. Councilmember Zemanek moved to approve a public hearing date of April 25, 2011, for property owners to appear before council. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 13. Consider approval or other action regarding an ordinance appointing members to the Re- districting Committee (Ord. 3331) — Mayor Rigby/T. Tietjens Mayor Rigby entertained nominations for appointment of members to the Re- districting Committee. Councilmember Clausen, District 6, appointed Lisa Garcia as a member. Councilmember Moser, District 4, appointed Charlie Perry as an alternate. Assistant City Attorney Clark Askins read the caption of Ordinance 3331, AN ORDINANCE APPOINTING A RE- DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 4 of 6 March 28, 2011, City Council Meeting Minutes Councilmember Engelken moved to adopt Ordinance 3331, appointing a Re- districting Committee, and establishing its powers and duties. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 14. Discussion or other action regarding operation of proposed Farmer's Market and provide staff with direction — T. Tietjens Planning Director Tim Tietjens provided a summary and recommendation and answered Council's questions. He introduced Carol Morris, who presently runs the Deer Park Farmers Market. She will work with the City on establishing the La Porte Farmer's Market. Councilmember Moser made a motion to move forward. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 15. Discussion or other action regarding naming of the La Porte Police Department Building and provide staff with direction — Mayor Rigby Mayor Rigby proposed the name of Herb Freeman for the name of the La Porte Police Department building. Councilmember Black moved to bring forth an ordinance on a future agenda for the official naming of the building. Councilmember Leonard seconded the motion. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None 16. Receive Annual Police Department Report from 2010 — K. Adcox Police Chief Adcox provided the Annual Police Department Report. 17. Receive Underground Tank Removal Report — D. Wilmore Chief Building Official Debbie Wilmore provided an underground tank removal report. Council asked her to determine the cost of removal of tanks vs. draining of tanks. She will also check into the costs associated with required steps to mitigate damages from leaking tanks. 18. Receive monthly Inspections Report from staff — D. Wilmore Chief Building Official Debbie Wilmore provided the monthly Inspections Report. 19. Receive Report from Fiscal Affairs Committee — Chairman Engelken Chairman Engelken provided a Report of Fiscal Affairs Committee. 20. Administrative Reports — R. Bottoms Page 5 of 6 March 28, 2011, City Council Meeting Minutes Assistant City Manager Traci Leach did not make a report. March 30, 2011 — TML Region 14 Spring Meeting- Hilton Houston Westchase — 6:30 p.m. April 09, 2011 — Annual Council budget Retreat — Police Department Training Room — 6:30 p.m. April 11, 2011 — City Council Meeting — 6:00 p.m. April 14, 2011 — Employee Golf Scramble — Bay Forest Golf Course — 5:30 p.m. April 20, 2011 — Mayor Norman L. Malone Memorial Golf Tournament — Bay Forest Golf Course April 22, 2011 — Good Friday — City Offices Closed April 25, 2011 — City Council Meeting — 6:00 p.m. 21. Council Comments: Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Black 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 Mayor Rigby and Councilmembers expressed their condolences to Ron Bottoms and his family on the loss of his mother; the Dunham family on their loss of Dennis; and Clark Askins and his wife's family on the Toss of her father. Councilmember Clausen added that all are invited to the auction Thursday night and to the new college center, along with a reminder that graduation is June 3. 22 Executive Session — Pursuant to the Texas Open Meetings Act, notice was given that the City Council reserves the right to meet in a closed session in accordance with the following provision of the Texas Open Meetings Act: Texas Government Code, Section 551.074 — Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Denise Mitrano, Municipal Court Judge Council recessed the regular meeting to convene an executive session at 9:32 p.m. Council adjourned the executive session at 10:07 p.m. 23. Considerations and possible action on item considered in executive session. Council reconvened the regular meeting at 10:07 p.m. No action was taken concerning the executive session. 24. Adjournment There being no further business, at 10:07 p.m., the meeting was adjourned. Respectfully submitted, 11 . Patrice Fogarty, Ci /Secreta Passed a a pir• -d on April 11, 2011. al Mayor lg. R. Rig ‘Fip Page 6of6 March 28, 2011, City Council Meeting Minutes F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 11, 2011 Budget Requested By: Traci Leach on behalf of Mayor Rigby Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: XX Amount Budgeted: Exhibits: Ordinance Renaming the La Porte Police Building Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION At the March 28, 2011 City Council meeting, Council directed staff to bring forward an ordinance that would rename the existing Police Department Building in honor of Herb Freeman, former police chief. If approved, the attached ordinance would officially rename the Police Administration Building to the Herbert F. Freeman, Jr. Police Administration Building. City staff will move forward with building signage changes once action is taken on this ordinance. Action Required by Council: 333 Consider approval of Ordinance 2011- to rename the Police Administration Building to the Herbert F. Freeman, Jr. Po • dministration Building. All A s• ro ed f s uncil A enda Ron 0 Bottoms, City Manager Date ORDINANCE NO. 2011- 3332- AN ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OF THE LA PORTE POLICE ADMINISTRATIVE BUILDING TO THE HERBERT F. FREEMAN, JR. POLICE ADMINISTRATION BUILDING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Herbert F. Freeman, Jr. devoted 24 years of his life serving the citizens of the City of La Porte as Chief of Police; WHEREAS, Chief Herbert F. Freeman, Jr. retired on July 1, 1985; WHEREAS, Herbert F. Freeman, Jr. died on March 12, 2011; and WHEREAS, the Mayor and the City Council of the City of La Porte deem it fitting and proper to honor Chief Herbert F. Freeman, Jr. on behalf of the citizens of the City of La Porte; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the renaming of the La Porte Police Administration Building to the Herbert F. Freeman, Jr. Police Administration Building. Section 2. The City Council deems it fitting to waive the provisions of City of La Porte Ordinance No. 2000 -2443, requiring that a person must have been deceased for a minimum of five years before a City facility is named for that person. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this llth day of April, 2011. CITY 4 IA / PoRTE i By: , A Louis . Rig. Mayor EST: i• ..„„. Patrice Fogar / City Secreta APPROV D: Clark T. Askins� Assistant City Attorney 2