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Home My WebLink About2011-05-23 Regular Meeting of La Porte City Council minutes) LOUIS RIGBY DARYL LEONARD Mayor Mayor Pro Tem JOHN ZEMANEK 0 * - A Councilmember District 3 Councilmember at Large A �► : ' 0 9 TOMMY MOSER JOHN BLACK / a Councilmember District 4 Councilmember at Large B Gl / " ,m JAY MARTIN MIKE MOSTEIT Councilmember District 5 Councilmember District 1 !� — CHUCK ENGELKEN � MIKE CLAUSEN Councilmember Councilmember District 6 ouncilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MAY 23, 2011 The City Council of the City of La Porte met in regular meeting on Monday, May 23, 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 Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen, and Martin. Absent: Councilmember Black. Also present were City Manager Ron Bottoms, City Secretary Patrice Fogarty, and Assistant City Attorney Clark Askins. 2. INVOCATION — The Invocation was given by Don Hill of Interchuch Council. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Mike Mosteit. 4. PRESENTATIONS /PROCLAMATIONS (a) Mayor Rigby presented a proclamation, "Trees for Houston Day," to Barry J. Ward, Executive Director of Trees for Houston. Director of Parks and Recreation Stephen Barr was also present. 5. ELECTION ORDINANCE AND OTHER ELECTION - RELATED ACTIONS (a) Consider approval or other action regarding an Ordinance declaring the results of the creation and tax election of the La Porte Fire Control, Prevention and Emergency Medical Services District held in the City of La Porte on May 14, 2011, adopting a one -fourth of one percent sales and use tax for financing the operation of the La Porte Fire Control, Prevention, and Emergency Medical Services District within the territory of the District — Mayor Rigby Assistant City Attorney Clark Askins read the caption of Ordinance No. 3350 declaring the results of the creation and tax election of the La Porte Fire Control, Prevention and Emergency Medical Services District held in the City of La Porte on May 14, 2011; adopting a one -fourth of one percent sales and use tax for financing the operation of the La Porte Fire Control, Prevention, and Emergency Medical Services District within the territory of the District; finding compliance with the open meetings law; and providing an effective date hereof. The election returns were read as follows: For 928 votes Against 570 votes Page 1 of 5 May 23, 2011, City Council Meeting Minutes Councilmember Clausen moved to adopt Ordinance No. 3350. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black (b) Administer the Oath of Office to re- elected Councilmembers Mike Mosteit, District 1, and Mike Clausen, District 6 — Judge Denise Mitrano Judge Denise Mitrano administered the oath of office to re- elected Councilmembers Mike Mosteit, District 1, and Mike Clausen, District 6. (c) Issue Certificates of Election to re- elected Councilmembers Mike Mosteit, District 1, and Mike Clausen, District 6 — Mayor Rigby Mayor Rigby issued Certificates of Election to re- elected Councilmembers Mike Mosteit, District 1, and Mike Clausen, District 6. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) • Phillip Hoot, 927 Seabreeze, La Porte, Texas, addressed Council regarding Safety Town. • James Robarge, 3519 Gladwyne Ln., La Porte, Texas, addressed Council regarding the noise and lights at Pecan Park on Canada Rd. 7. CONSENT AGENDA (a) Consider approval or other action of minutes of the May 9, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action authorizing staff to request proposals from project consultants as discussed and approved by the Drainage Committee, for drainage infrastructure improvements — T. Tietjens (c) Consider approval or other action authorizing a contract for health plan /benefits consulting services for the City of La Porte as discussed and recommended by the Chapter 172 Committee — H. Weger (d) Consider approval or other action regarding a Resolution amending the City of La Porte Investment Policy — M. Dolby (e) Consider approval or other action regarding a Resolution pertaining to the use of the former Klein Retreat and Happy Harbor Methodist Home properties — S. Barr (f) Consider approval or other action regarding an Ordinance changing the name of that portion of East E Street, from San Jacinto Street to Arizona Street, to Evelyn Kennedy Boulevard — T. Tietjens (g) Consider approval or other action to award bid #11014 and authorize the City Manager to execute a contract for the construction of the Lift Station # 37 Rehabilitation Project — D. Mick Page 2 of 5 May 23, 2011, City Council Meeting Minutes (h) Consider approval or other action authorizing clarification of the Retiree Medical Benefits Policy as discussed and approved by the Chapter 172 Committee — H. Weger Assistant City Attorney Clark Askins read the caption of ordinance 3351 AN ORDINANCE CHANGING THE NAME OF EAST E STREET, FROM SAN JACINTO STREET TO ARIZONA, TO EVELYLN KENNEDY BOULEVARD FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the Consent Agenda as presented. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black Consent Agenda Item C awarded RFP 11508 to McGriff, Seibels, and Williams of Texas in the amount of $30,000 as the Benefits Consulting firm for the City of La Porte. Consent Agenda Item G awarded Bid 11014 to the low bidder, RJ Construction Co., in the amount of $432,900 and $22,000 contingency for the rehabilitation of Lift Station # 37. 8. ZONING PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments for or against Rezone Request #11- 92000002, for the property located at 801 North 16 Street, further described as a 9.1460 -acre tract of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, containing TRS A & 1A, Block 1, Nebraska Syndicate. Brolyn Petri, on behalf of Chemical Lime (Lhoist North America), seeks to have this property rezoned from Light Industrial (LI) to Heavy Industrial (HI) — T. Tietjens Ordinance — Consider approval or other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances by changing classification from Light Industrial (LI) to Heavy Industrial (HI) for the property located at 801 North 16 Street — T. Tietjens The public hearing was opened at 6:21 p.m. Planning Director Tim Tietjens presented a summary and provided the Planning & Zoning Commission's recommendations. There were no public comments. Public Hearing closed at 6:24 p.m. Assistant City Attorney Clark Askins read the caption of Ordinance 3351 AN AMENDING CHAPTER 106 "ZONING OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) TO HEAVY INDUSTRIAL (HI) FOR TRACT OF LAND HEREIN DESRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 3 of 5 May 23, 2011, City Council Meeting Minutes Councilmember Engelken moved to approve the Ordinance No. 3351 as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black 9. ORDINANCES (a) Consider approval or other action regarding an Ordinance appointing members to a Re- Districting Committee and establishing its powers and duties — P. Fogarty City Secretary Patrice Fogarty presented a summary and provided a recommendation for Council to appoint Charlie Perry, former alternate, as a member to Position B in place of Howard Ebow following Mr. Ebow's resignation from the committee. Assistant City Attorney Clark Askins read the caption of Ordinance No. 3352: 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. Councilmember Moser moved to approve Ordinance 3351 and strike sentence in section one Chairman shall appoint alternates and Council shall appoint alternates. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black 10. ADMINISTRATIVE REPORTS — R. Bottoms City Manager Ron Bottoms did not have anything to add to Administrative Reports. May 30, 2011 — City Offices closed in Observance of Memorial Day June 11, 2011 — Runoff election June 13, 2011 — City Council Meeting — 6 PM Newly Elected City Officials' Orientation — TML — July 15 -16, 2011, in Irving, TX 11. COUNCIL COMMENTS — Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policy — Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard, Engelken and Mayor Rigby. Councilmembers Mosteit, Clausen, Martin, Engelken and Moser wished Councilmember Leonard a Happy Birthday and expressed their condolences to Rusty Shepherd's family and friends. Councilmember Zemanek also wished Councilmember Leonard a Happy Birthday and expressed condolences to Rusty Shepherd's family and friends and wished everyone a safe Memorial Day holiday weekend. Councilmember Leonard wished himself a Happy Birthday and expressed condolences to Rusty Shepherd's family and friends. Mayor Rigby also wished Councilmember Leonard a Happy Birthday and expressed his condolences to Rusty Shepherd's family and friends. The Mayor also congratulated Councilmembers Mosteit and Clausen on their new three -year term into office. Page 4 of 5 May 23, 2011, City Council Meeting Minutes 12. EXECUTIVE SESSION Notice was given that the City Council will 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 duties of a public officer or employee: Patrice Fogarty, City Secretary Council recessed the regular meeting to convene an executive session at 6:32 p.m. concerning the duties of the City Secretary, Patrice Fogarty. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. Council adjourned the Executive Session at 8:04 p.m. and reconvened the regular. Council directed City Manager Ron Bottoms to rescind the action implemented in an email sent on April 6, 2011, regarding the duties of the Public Information Officer. Council also directed City Manager Ron Bottoms to provide a proposal to move forward with the issue. 14. ADJOURN There being on further business, at 8:06 p.m., Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, a pt-t-C-Q_.J - a).7q Patrice Fogarty, Cit• Passed a .: •pro -d on June 13, 2011. FAi May��•uis R. R'• • Page 5 of 5 May 23, 2011, City Council Meeting Minutes