HomeMy WebLinkAbout2011-11-14 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD
Mayor Councilmember District 3
JOHN ZEMANEK TOMMY MOSER
Councilmember at Large A OF 0 Councilmember District 4 4 , 4 4 DOTTIE KAMINSKI �► JAY MARTIN
Councilmember at Large B ` Councilmember District 5
MIKE MOSTEIT 5
Councilmember District 1 MIKE CLAUSEN
CHUCK ENGELKEN Councilmember District 6
Mayor Pro Tem
District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
NOVEMBER 14, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, November 14, 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, Engelken, Martin, Kaminski, Moser, and Clausen. Absent:
Councilmember Mosteit. 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 B. L Worsham of the Second Baptist Church of La
Porte.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Senator Mike Jackson presented Jerome McKown with a flag in honor of his outstanding
career in the La Porte Police Department.
(b) Phillip Ferguson a Representative of the Citizens Police Academy Alumni Association
presented a symbolic check to the City of La Porter in the amount of $17, 907. 50 for the
volunteered activities of the Citizens Police Academy Alumni Association. Chief Ken Adcox
also spoke and provided a list of projects worked on by the volunteers.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Matt Novosad, President of the La Porte Police Officers Association addressed Council in regards
to Civil Service employees and the employee stipend.
Chuck Rosa, 812 S. Virginia, La Porte, addressed Council in opposition to an ordinance amending
Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals.
Samantha Rosa, 812 S. Virginia, La Porte, addressed Council also in opposition to an ordinance
amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals.
Marylee Nolley, 2819 E Street, La Porte, addressed Council in regards of an ordinance amending
Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. Ms. Nolley
suggested an amended ordinance be carefully written.
Jane Rosa, 812 S. Virginia, La Porte, addressed Council in favor of tethering animals and
suggested an amended ordinance be carefully written.
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November 14, 2011, City Council Meeting Minutes
Raymond Bourque, 801 San Jacinto, La Porte, addressed Council in opposition to an ordinance
amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals.
Mary McLain, 128 S. 16 La Porte, addressed Council in regards to an ordinance amending
Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals.
John Kling, 11025 Pinewood Ct, La Porte, addressed Council in opposition to Item 15, an ordinance
authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial
District and located within the City of La Porte's extraterritorial jurisdiction. Mr. Kling also provided
photos for Councils review.
Richard Weaver, Attorney for Ted Booher, addressed Council on behalf of Mr. Booher and advised
Council demands of the city were unreasonable. Mr. Weaver advised that Ted Booher would file a
suit against the city if his property was annexed.
Delbert Landry, 316 S. 11 Street, La Porte, addressed Council with appreciation for working with
the residents on 11 Street and the location of the detention pond. Mr. Landry also requested
Council to assist all animal owners with the proposed amended ordinance placing restrictions on
the tethering of animals.
Craig Harper with Rapid Environmental Services, addressed Council and spoke on behalf of Mr.
Booher and in opposition of Item 15, an ordinance authorizing the annexation of an approximately
29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's
extraterritorial jurisdiction.
Shelia Daugherty, 601 Valleybrook Dr., addressed Council in opposition to Item 15, an ordinance
authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial
District and located within the City of La Porte's extraterritorial jurisdiction. Ms. Daugherty also
suggested tax dollars be spent within city limits.
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 the City Council meetings held on
October 24, 2011, and October 31, 2011 — P. Fogarty
(b) Consider approval or other action awarding Bid # 12004 for replacement and additional
vehicles — D. Mick
(c) Consider approval or other action of a Resolution to appoint a representative and alternate
to the Houston - Galveston Area Council Board of Directors and General Assembly — P.
Fogarty
(d) Consider approval or other action of a Resolution casting the City's ballot for the election of
a person to the board of directors of the Harris County Appraisal District — P. Fogarty
(e) Consider approval or other action regarding Fair Housing Activity Statement (FHAST) form
and integrating the three -item revision for submittal to General Land Office (GLO) — T.
Tietjens
(f) Consider approval or other action of an ordinance authorizing a contract between the City of
La Porte and the Association of Bayport Companies for EMS services — R. Nolen
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November 14, 2011, City Council Meeting Minutes
(g) Consider approval or other action awarding Bid # 12006 for East Main Street drainage
improvements — J. Garza
Assistant City Attorney Clark Askins read the caption of Resolution 2011 -13, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS SELECTING A REPRESENTATIVE AND AN
ALTERNATE TO THE HOUSTON - GALVESTON AREA COUNCIL 2012 GENERAL ASSEMBLY AND
BOARD OF DIRECTORS.
Assistant City Attorney Clark Askins read the caption of Resolution 2011 -14, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, CASTING ITS BALLOT FOR THE ELECTION
OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.
Assistant City Attorney Clark Askins read the caption of Ordinance 3389, AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE
ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LSW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve the consent agenda as presented. Councilmember
Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Mosteit
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding condemnation of the substandard building at
1307 E. Main Street (this public hearing is continued from the September 26, 2011, City Council
meeting) — D. Wilmore
City Council opened the public hearing at 7:03 p.m. regarding condemnation of the
substandard building at 1307 E. Main Street (this public hearing is continued from the September
26, 2011, City Council meeting) — D. Wilmore
Chief Building Official Debbie Wilmore presented a summary.
There was no public input.
Councilmember Moser moved to continue the public hearing to the first meeting in January
(January 9, 2012). Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Mosteit
(b) No action taken.
(c) Public Hearing to receive public input on Special Conditional Use Permit (SCUP # 11-
91000005) for an off -site parking facility to be located at 111 South 5 Street for King's BBQ
— T. Tietjens
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November 14, 2011, City Council Meeting Minutes
City Council opened the public hearing at 7:05 p.m. regarding a Special Conditional Use
Permit (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5th
Street for King's BBQ — T. Tietjens
Planning Director Tim Tietjens presented a summary.
There was no public input. The public hearing closed at 7:09 p.m.
Assistant City Attorney Clark Askins read the caption of Ordinance 3390, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106,
MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING SPECIAL CONDITIONAL PERMIT NO. 11- 91000005 FOR THAT
CERTAIN PARCEL OF LAND HERIN DESCRIBED FOR THE PURPOSE OF DEVELOPIN
G AN OFF -SITE PARKING LOT AT 111 SOUTH 5 STREET, IN A MAIN STREET
DISTRICT (MS) 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.
(d) 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 # 11- 91000005) for an off -site parking facility to be located at 111 South 5th
Street for King's BBQ — T. Tietjens
Councilmember Moser moved to approve 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 # 11- 91000005) for an off -site parking facility to be located at 111 South 5th
Street for King's BBQ. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Mosteit
8. AUTHORIZATIONS
(a) Consider approval or other action authorizing the Planning Director to execute a pipeline
permit to ETC NGL Transport, LLC, for the installation of a 20" NGL pipeline through the
City of La Porte — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Mayor Rigby moved to authorize the Planning Director to execute a pipeline permit to ETC
NGL Transport, LLC, for the installation of a 20" NGL pipeline through the City of La Porte.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Engelken, Kaminski and Martin
Nays: Councilmember Moser
Absent: Councilmember Mosteit
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding recommendation of the Chapter 172 Board to adopt
changes to City health insurance plan — H. Weger
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November 14, 2011, City Council Meeting Minutes
Human Resource Manager Heather Weger and Lance Pendley, Benefits Consultant with Mc
Griff, Seibels, and Williams, provided a summary.
Councilmember Zemanek questioned the cost of the PPO 500 plan. Mr. Pendley responded
more families and retirees were filing claims in the 500 plan.
Councilmember Leonard suggested the Chapter 172 Board consider grandfathering retirees
for the PPO 500 plan or other alternatives for new employees.
Councilmember Clausen moved to accept the recommendations of the Chapter 172 Board.
Councilmember Engelken seconded. MOTION FAILED.
Ayes: Mayor Rigby, Councilmembers Clausen,
Engelken, and Martin
Nays: Councilmembers Moser, Kaminski, Zemanek and Leonard
Absent: Councilmember Mosteit
(b) Consider approval or other action regarding an ordinance amending Chapter 14 of the Code
of Ordinances, by placing restrictions on the tethering of animals — K. Adcox
Police Chief Ken Adcox provided a summary.
Councilmember Zemanek moved to deny the ordinance amending Chapter 14 of the Code
of Ordinances by placing restrictions on the tethering of animals. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Kaminski, Zemanek,
Clausen, Engelken, Leonard and Martin
Nays: None
Absent: Councilmember Mosteit
(c) Discussion or other action regarding options for a Joint Election Agreement with San Jacinto
College and La Porte Independent School District — C. Askins /P. Fogarty
City Secretary Patrice Fogarty and Assistant City Attorney Clark Askins provided a
summary.
Councilmember Leonard questioned how other entities were billed for Joint Elections in
previous elections. City Secretary Patrice Fogarty responded the City received a bill and
divided the cost with other entities that held elections.
Councilmember Clausen questioned if an entity canceled their election if they would be
billed for the equipment. City Secretary and City Attorney responded an entity would not be
billed if their election was cancelled.
Councilmember Zemanek questioned why the City had to finance the equipment and be
reimbursed over a six -year period instead of all entities paying at one time.
Councilmember Martin moved to accept the six -year payout for capital expenses.
Councilmember Clausen seconded. MOTION FAILED.
Ayes: Councilmembers Martin, Clausen and Engelken
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November 14, 2011, City Council Meeting Minutes
Nays: Mayor Rigby, Councilmembers Moser, Kaminski, Zemanek
and Leonard
Absent: Councilmember Mosteit
Councilmember Zemanek moved or both entities to payout in a two -year period for capital
expenses. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Kaminski,
Zemanek and Engelken
Nays: Councilmembers Martin and Clausen
Absent: Councilmember Mosteit
10. STAFF REPORTS
(a) Receive report on the Municipal Court Juvenile Program — D. Mitrano
This item will be on the December 12, 2011, agenda.
(b) Receive Drainage Report — J. Garza
City Engineer Julian Garza provided a Drainage Report.
11. ADMINISTRATIVE REPORTS
(a) Thanksgiving Holidays — Thursday, November 24, 2011, and Friday, November 25, 2011
(b) City Employee Christmas & Service Awards Banquet — Friday, December 9, 2011
(c) City Council Meeting — Monday, December 12, 2011
Interim City Manager Steve Gillett advised staff to have the election agreement to La Porte
Independent School District for their December 13, 2011, board meeting and on the January 9,
2012, City Council meeting agenda.
12. 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 Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen, Martin, and Mayor Rigby.
Councilmember Moser thanked Councilmembers for attending the Annual Harvest Banquet and
Planning Director Tim Tietjens for facilitating the kick -off meeting on the Northside Plan;
Councilmember Kaminski commented the Annual Harvest Banquet was well attended and thanked
the Citizens Police Academy for their volunteer work in the community; Councilmember Zemanek
wished everyone a safe and happy Thanksgiving; Councilmember Leonard thanked the Citizens
Police Academy, commented on how much he enjoyed the Annual Harvest Banquet, congratulated
Jerome McKown and wished everyone a happy Thanksgiving; Councilmember Engelken
congratulated Jerome McKown, commented on the re- opening of the Brookglen Recreation Center
and requested staff to research the new law requiring Homeowners Associations to post meetings
seventy -two hours in advance to make sure it does not conflict with the sign ordinance and wished
everyone a happy Thanksgiving ; Councilmember Clausen congratulated Jerome McKown thanked
the Citizens Police Academy and congratulated the La Porte Bulldogs for going to the play -offs;
Mayor Rigby commented on his attendance of the Veterans Day Ceremony and "Story Day" at the
Senior Center, and requested staff to provide City Council the total amount allocated for civil
services employees regarding the $1000.00 employee stipend.
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November 14, 2011, City Council Meeting Minutes
13. 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 — City of
La Porte - Flanagan Shipping lease agreement; property located at 918 N. Broadway.
Texas Government Code, Section 551.072 — Deliberation regarding Real Property — Potential
lease agreement on airport property.
Texas Government Code, Section 551.071(1) — Consultation with Attorney regarding pending or
contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District.
City Council recessed the regular meeting to convene an executive session at 8 :12 p.m.
14. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 9:07 p.m. Regarding the first item, Council gave direction to
staff to let the Flanagan and Rail Spur Agreement expire on December 31 and to sell the entire
parcel of property. Regarding the second item, Council gave direction to staff to move forward with
appraisal of the airport property and leasing plans.
15. Consider approval or other action regarding an ordinance authorizing the annexation of an
approximately 29 -acre tract of land in the Battleground Industrial District and located within the City
of La Porte's extraterritorial jurisdiction — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Engelken moved to continue with the processes and an immediate date of
annexation. Councilmember Clausen seconded. MOTION FAILED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen and Martin
Nays: Councilmembers Leonard, Zemanek, Moser and Kaminski
Absent: Councilmember Mosteit
16. ADJOURN
There being no further business, at 9:10 p.m. Councilmember Engelken moved to adjourn the meeting.
R ectfully submitted,
( b?L - ..- ! „t_'1i_ _ ,
Patrice Fogarty, Cit jecreta
Passed an 4t 1 40 , -. on the 12 of December, 2011.
/11
Mayor i o is R. Rig.1
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November 14, 2011, City Council Meeting Minutes