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HomeMy WebLinkAbout2011-08-22 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK , ,. TOMMY MOSER a Councilmember at Large A L S O Councilmember District 4 DOTTIE KAMINSKI E ` �1 JAY MARTIN Councilmember at Large B Councilmember District 5 MIKE MOSTEIT Councilmember District 1 L MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Mayor Pro Tenn Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 22, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, August 22, 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. All members of Council were present with Councilmember Clausen arriving at 6:10 p.m. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Pastor Dunn. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Leonard. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Mayor Rigby presented a proclamation to Mr. Gideon Jones for "Airport Appreciation Month." (b) Mayor Rigby presented a proclamation to Ann Malone for "Ann Malone Day," in appreciation for her dedication to the city. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Ted Powell — 1700 Roscoe, La Porte, addressed Council and expressed his appreciation of having funds reimbursed to Harris County for the purpose of restoring the Sylvan Beach Pavilion. Mr. Powell also expressed concerns regarding the noise ordinance in relation to expanding the use of the Five Points Town Plaza by allowing rental by citizens and businesses. Kathryn Aguilar — 3119 Fondren, La Porte, addressed Council and expressed her excitement regarding the restoration of Sylvan Beach Pavilion and wishes for Council to reimburse Harris County with insurance proceeds received by the City. Ms. Aguilar also expressed concerns with the Five Points Town Plaza not being designed or appropriate for a music venue. Mike Shanahan — 200 S. Virginia, La Porte, addressed Council regarding concerns, which he has had for over a year, to mitigate noise at the Five Points Town Plaza. Rhonda Lunsford — 201 E. Main, La Porte, (location of business), addressed Council with concerns of the traffic study on Main Street and requested Council to review the study to ensure it would benefit all business owners on Main Street. Brent Heckendorn — 518 W. Main, (location of business), addressed Council with concerns of the Main Street traffic study in regards to pedestrian traffic, adding a traffic light at 2nd Street and the risk of having only one lane. Page 1 of 9 August 22, 2011, City Council Meeting Minutes 6. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussion and /or separate action. (a) Consider approval or other action of the minutes of regular meeting of La Porte City Council held on July 25, 2011; minutes of regular meeting and Budget Workshop held on August 8, 2011; minutes of regular meeting and Budget Workshop held on August 9, 2011; and minutes of regular meeting and Budget Workshop held on August 10, 2011 — P. Fogarty (b) Consider approval or other action to award bid #11021 and authorize the City Manager to execute a contract for the installation of a water line along Bay Area Boulevard from Spencer Highway to Fairmont Parkway — D. Mick (c) Consider approval or other action to award bid #11026 for the installation of switches to supply emergency power at the booster station, three water wells, and five lift stations, and installation of gas generators at three lift stations — D. Mick (d) Consider approval or other action to award bid #11024 for installation of a pedestrian bridge and concrete connector trails connecting Pecan Park to the Brookglen and Pecan Crossing subdivisions — S. Barr (e) Consider approval or other action regarding an agreement between the City of La Porte and the La Porte - Bayshore Chamber of Commerce — R. Bottoms (f) Consider approval or other action regarding an ordinance authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Harris County for circular bus service through August 30, 2012 — R. Bottoms (g) Consider approval or other action regarding an ordinance amending the City's Junked Motor Vehicle regulations — D. Wilmore (h) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with DTMT Two, LLC — T. Tietjens (i) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with North Bayport Industrial Park, II, Ltd. — T. Tietjens Assistant City Attorney Clark Askins read the following captions of ordinances. Ordinance 3369 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED ROUTE BUS SERVICE WITH COMPLEMENTRY PARATRANSIT SERVICES IN THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3370 AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" ARTICLE V "JUNKED MOTOR VEHICLES ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS RELATING TO THE DEFINITION OF A JUNKED VEHICLE; 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 HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 2 of 9 August 22, 2011, City Council Meeting Minutes Ordinance 2007 -IDA -125 AN ORDINACE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DTMT TWO, LLC, A LIMITED LIABILITY CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3371 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DTMT TWO, LLC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2007 -IDA -124 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK II (2), LTD, A TEXAS LIMITED PARTNERSHIP (10220 NEW DECADE) FOR TH TERM COMMENCING JANUARY 1, 2008, 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. Ordinance 3372 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH BAYPORT INDUSTRIAL PARK II, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember seconded Martin. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None At this time Council recessed the regular meeting at 6:30 p.m. to convene the executive session. Further information about the executive session may be found under Items 16 and 17 of these minutes. Council returned to the regular meeting at 7:07 p.m. 7. AUTHORIZATIONS (a) Consider approval or other action authorizing the City Manager to accept a Change Order to the contract with Paskey, Inc., for de- silting ditches — J. Garza City Engineer Julian Garza presented a summary. Councilmember Engelken thanked staff for addressing the drainage issues in the city and the fine job performed on the project. Councilmember Engelken further commented the homeowners' associations were very pleased. Councilmember Engelken moved to approve the Change Order to the contract with Paskey for de- silting ditches as presented. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None Page 3 of 9 August 22, 2011, City Council Meeting Minutes (b) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement between the City of Morgan's Point and the City of La Porte regarding water and drainage projects along East Main Street — J. Garza City Engineer Julian Garza presented a summary. Councilmember Clausen questioned whether the waterline would be run underneath the 6'x4' box culvert. City Engineer Garza responded yes, that is the intention. Councilmember Moser moved to approve the execution of an Interlocal Agreement between the City of Morgan's Point and the City of La Porte regarding water and drainage projects along East Main Street as presented. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (c) Consider approval or other action authorizing expenditure by the La Porte Development Corporation Board in connection with award of a contract for directional signage — S. Osborne Development Coordinator Stacey Osborne presented a summary. Councilmember Martin moved to approve the expenditure by the La Porte Development Corporation Board in connection with award of a contract for directional signage as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 8. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2011, as approved by adoption of Resolution No. 2011 -1 by the Board of Directors on July 28, 2011 — D. Ladd. The public hearing was opened at 7:40 p.m. Assistant Fire Chief Donald Ladd presented a summary. Councilmember Martin asked what would happen if there was surplus at the end of the year, and Assistant Fire Chief Donald Ladd responded it would remain with the Board. Mayor Rigby questioned if the training officer position would be filled by an employee within the City. Assistant Fire Chief Donald Ladd responded it is possible. Public comments were taken. Philip Hoot, 927 Seabreeze, La Porte, asked if the training officer would take on other responsibilities and assist with what he assumes has been spent on outside services. Assistant Fire Chief Donald Ladd responded that the training officer position is also a safety officer position, and the position will not take the place of outside training. He also commented that overtime would be decreased with adding the position. The public hearing closed at 7:50 p.m. Page 4 of 9 August 22, 2011, City Council Meeting Minutes (b) Consider acceptance or other action of the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year beginning October 1, 2011 — D. Ladd Councilmember Zemanek moved to accept the La Porte Fire Control, Prevention and Emergency Medical Services District's budget for fiscal year beginning October 1, 2011, as presented. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 9. ORDINANCES (a) Consider approval or other action regarding an ordinance amending the 2009 Uniform Plumbing Code — D. Wilmore Chief Building Official Debbie Wilmore presented a summary. Assistant City Attorney Clark Askins read the ordinance caption: ORDINANCE 3373 AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE III "PLUMBING CODE" SECTION 82 -67 AMENDMENTS, BY DELETING TABLE 4 -1 "MINIMUM PLUMBING FACILITIES" FROM THE UNIFORM PLUMBING CODE OF THE CITY OF LA PORTE; 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 FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Clausen moved to adopt the ordinance as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 10. RESOLUTIONS (a) Consider approval or other action regarding a resolution authorizing and setting public hearing dates required for possible annexation of 28.65 acres fronting State Highway 225 in the Battleground Industrial District and receive proposed Service Plan — T. Tietjens Planning Director Tim Tietjens presented a summary. Assistant City Attorney Clark Askins read the caption of the resolution. RESOLUTION 2011 -08 SETTING DATES, TIMES, AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY INTO THE CITY LIMITS OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Mosteit moved to adopt Resolution 2011 -08 setting the public hearings for the 10 day of October, 2011 at 6:00 p.m., and the 24 day of October, 2011 at 6:00 p.m., in the Council Page 5 of 9 August 22, 2011, City Council Meeting Minutes Chambers of City Hall of the City of La Porte as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed new fee schedules for fire protection in the Industrial District Agreement (IDA) and extraterritorial jurisdiction (ETJ) response areas and provide staff with direction — D. Ladd Assistant Fire Chief Donald Ladd discussed the proposed new fee schedules for fire protection in the Industrial District Agreement (IDA) and extraterritorial jurisdiction (ETJ) response areas. Councilmember Clausen requested clarification of the verbiage in the Industrial District Agreement (IDA). Assistant Fire Chief Donald Ladd provided clarification. Councilmember Kaminski made a motion to direct staff to move forward as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (b) Discussion or other action regarding dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion and provide staff with direction — M. Dolby Finance Director Michael Dolby discussed the dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion. Councilmember Engelken moved to send the insurance proceeds to Harris County. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (c) Discussion of the Concrete Street Study from Cobb, Fendley & Associates — J. Garza City Engineer Julian Garza and Dale Conger, with Cobb Fendley & Associates, discussed the Concrete Street Study from Cobb, Fendley & Associates. Councilmember Engelken questioned how long it would take to complete the work needed pursuant to the Concrete Street Study. Mr. Conger responded it depends on how frequently Council would be willing to dedicate funding. Councilmember Martin commented Council should adopt a 'pay as you go' strategy and prioritize projects. Councilmember Moser questioned if staff was suggesting a workshop at this meeting or wanted to wait for funding. City Engineer Julian Garza recommended Council schedule a future workshop to Page 6 of 9 August 22, 2011, City Council Meeting Minutes discuss funding and strategy concepts. City Manager Ron Bottoms informed Hurricane Ike funds are available to begin improvements. Mayor Rigby questioned how the phases were determined. Mr. Conger responded the phases were determined by working the three outfalls which were identified as causing the drainage issues. Councilmember Leonard questioned if the City -Wide Drainage Plan was included in the Concrete Street Study. Mr. Conger responded it was coordinated with the other work but does not affect the flood plain. Staff was directed to bring the Concrete Street Study as a workshop item on a future agenda. (d) Discussion or other action regarding report from Pate Engineering on Main Street traffic study and provide staff with direction — T. Tietjens Planning Director Tim Tietjens, Tobin Maples and Tim Buscha, with Pate Engineering, presented the report from Pate Engineering on the Main Street traffic study. Councilmember Moser moved to table the item and have a workshop at a later date for business owners on Main Street to attend the meeting. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (e) Discussion or other action regarding the expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year and provide staff with direction — S. Barr Parks and Recreation Director Stephen Barr discussed possible expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year. Councilmember Leonard commented he had an issue with allowing rental of the Five Points Town Plaza that would disturb the surrounding neighbors. Councilmember Moser commented concerts should be held at places other than the Five Points Town Plaza and would like further discussion and a vote concerning music at the Five Points Town Plaza. Mayor Rigby commented music at Five Points Town Plaza could be discussed at a future meeting, but staff needed direction on rental of the Five Points Town Plaza by citizens and businesses. Councilmember Leonard commented the City could consider changing the noise ordinance and have everyone governed by the same ordinance and then look at renting facilities and see how neighbors are affected. Councilmember Engelken commented noise was also generated from other city events and would like to see the noise issues resolved throughout the entire city. Page 7 of 9 August 22, 2011, City Council Meeting Minutes Councilmember Moser moved to deny the expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 12. COMMITTEE REPORTS (a) Receive Report from the Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report from the Fiscal Affairs Committee. (b) Receive Report from Drainage and Flooding Committee — Councilmember Mosteit Councilmember Mosteit provided a report from the Drainage and Flooding Committee. 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza. City Engineer Julian Garza provided a Drainage Report. (b) Receive Update and provide staff with direction relating to non - homesteaded blue tarp properties — D. Wilmore. Chief Building Official Debbie Wilmore provided an update relating to non - homesteaded blue tarp properties. Councilmembers Moser and Clausen commented they did not want to see property owners sent to court for violations. Councilmember Clausen also commented the properties should be checked quarterly for changes and whether the property owners need assistance. City Council directed staff to check back with the property owners after the beginning of the year and to provide Council with an updated report. 14. ADMINISTRATIVE REPORTS — R. Bottoms August 23, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. August 25, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m. August 30, 2011 — Building Codes Appeals Board Meeting — 6:00 p.m. 15. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES — Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby Councilmember Leonard congratulated Gideon Jones and Ann Malone on the proclamations they received. Councilmember Engelken did not have any comments. Councilmember Mosteit congratulated Ann Malone on the proclamation she received and thanked her for her dedication to the city. Councilmember Clausen did not have any comments. Councilmember Martin reported on the TML Region 14 Meeting he attended in Galveston. Councilmember Moser commented on the very meaningful dedication by Bay Area Habitat for Humanity for new homeowners on N. 5 Street and thanked Council and staff for participating. Councilmember Kaminski thanked Ann Malone for her dedication to the city and also commented on the wonderful dedication by Bay Area Habitat for Humanity for new homeowners on N. 5 Street. Councilmember Zemanek congratulated Gideon Page 8 of 9 August 22, 2011, City Council Meeting Minutes Jones and Ann Malone on the proclamations they received and reminded everyone school has started and encouraged motorist to slow down. Mayor Rigby thanked Ann Malone for her dedication to the city, commented on the dedication by Bay Area Habitat for Humanity and the speakers at the event recognizing the city. Mayor Rigby also commended Public Works employees on the great work performed repairing 107 water main breaks. The executive session was taken out of order at 6:30 p.m. 16. 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, as follows: Texas Government Code, Section 551.072 — Deliberation about Real Property — Discuss and receive update from Main Properties on 908/912 W. Main and the Old PD /Municipal Court Building. City Council recessed the regular meeting to convene an executive session at 6:30 p.m. to discuss and receive an update from Main Properties on 908/912 W. Main and the Old PD /Municipal Court Building. 17. RECONVENE The regular meeting reconvened at 7:07 p.m. Council directed the realtors to continue pursuit of the sale of these properties owned by the City. 18. ADJOURN There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 9:56 p.m. Respectfully submitted, atrice Fogarty, City if creta Passed an • .$p o -d on the 12 of September, 2011. 4 Ma R. Rig;• Page 9 of 9 August 22, 2011, City Council Meeting Minutes