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Home My WebLink About2012-01-09 Regular Meeting of the La Porte City Council LOUIS RIGBY 0 A DARYL LEONARD Mayor 0 Councilmember District 3 JOHN ZEMANEK ~ ?4 TOMMY MOSER Councilmember at Large A DOTTIE KAMINSKI v /� Councilmember District 4 Councilmember at Large B ` f(/� JAY MARTIN MIKE MOSTEIT �1 Councilmember District 5 Councilmember District 1 �/ MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JANUARY 9, 2012 The City Council of the City of La Porte met in a regular meeting on Monday, January 9, 2012, 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 6:02 p.m. Members of Council present: Councilmembers Zemanek, Engelken, Martin, Kaminski, Moser, Clausen, and Mosteit. Absent: Councilmember Leonard. 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 Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember John Zemanek. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Recognition — Retirement of Norma Winter — La Porte Police Department Mayor Rigby recognized the Norma Winter on her retirement from the La Porte Police Department as an Animal Control Officer. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Tony Villarreal, 3903 Barracuda Lane, La Porte, addressed Council concerning the mediation with the Port of Houston. Mr. Villarreal commented on the continued noise and air pollution. 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 December 12, 2011 — P. Fogarty (b) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute a contract with the Port of Houston Authority for provision of emergency medical services to the Barbour's Cut Terminal — R. Nolen (c) Consider approval or other action authorizing expenditure of La Porte Development Corporation funds for the Main Street District enhancement program grant awarded to Don Hulen /Real Cheap Tools in the amount of $25,000 — S. Osborne Page 1 of 4 January 9, 2012, City Council Meeting Minutes (d) Consider approval or other action regarding an ordinance authorizing donation of Tots on North 3rd Street and North 4 Street to the La Porte Chapter of Bay Area Habitat For Humanity — T. Tietjens (e) Consider approval or other action regarding an ordinance authorizing execution by the City of La Porte of an Industrial District Agreement with KTN Gulf Coast, and an ordinance authorizing a Water Service Agreement between the City of La Porte and KTN Gulf Coast — T. Tietjens (f) Consider approval or other action regarding an ordinance abandoning a 0.6924 -acre tract of land between Lots 27 and 28 within the North 8 Street right of way, retaining a sanitary sewer easement, and issuing a deed to Port Modal Centre, L.P. — T. Tietjens Assistant City Attorney Clark Askins read the caption of Ordinance 3395, AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES AT (BARBOUR'S CUT TERMINAL), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AN PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3396, AN ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 25 AND 26 OF BLOCK 89, AND LOTS 25 AND 26 OF BLOCK 105, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER BAY AREA HABITAT FOR HUMANITY, A TEXAS NON - PROFIT CORPORATION , FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3397, AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH KTN GULF COAST, A TEXAS CORPORATION FOR THE 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. Assistant City Attorney Clark Askins read the caption of Ordinance 3398, AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND KTN GULF COAST, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3399, AN ORDINANCE VACATING ABANDONING AND CLOSING A PORTION OF NORTH 8 STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: Councilmember Leonard. Page 2 of 4 January 9, 2012, City Council Meeting Minutes 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 November 14, 2011, City Council meeting) — D. Wilmore City Council opened the public hearing at 6:15 p.m. regarding condemnation of the substandard building at 1307 E. Main Street — D. Wilmore Chief Building Official Debbie Wilmore presented a summary. She indicated the new owner wishes to rehab the building and out buildings. Councilmember Moser moved to extend the condemnation of the substandard building at 1307 E. Main Street for an additional ninety days. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken, Moser, Mosteit, Kaminski and Martin Nays: None Absent: Councilmember Leonard. (b) No action taken on adoption of the condemnation ordinance as the public hearing was continued. 8. DICUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed Citizens on PatrolNolunteer Handicapped Parking Enforcement Program — M. Upchurch Sergeant Marcus Upchurch discussed proposed Citizens on PatrolNolunteer Handicapped Parking Enforcement Program. Council directed Sergeant Marcus Upchurch to move forward with the proposed Citizens on PatrolNolunteer Handicapped Parking Enforcement Program. 9. STAFF REPORTS (a) Receive Drainage Report — J. Garza Senior Engineer Julian Garza provided a report a Drainage Report. Councilmember Mosteit questioned if a meeting has been scheduled with the Texas Energy Coalition and its membership. Mr. Garza advised the Texas Energy Coalition and its membership had been contacted to schedule a meeting the beginning of February. Councilmember Engelken questioned if Harris County Flood Control District or city staff evaluate drainage projects today during the rainstorm. Mr. Garza responded city staff evaluated all of the completed drainage projects, and no problems were reported. Councilmember Martin questioned if the Home Owners Association had been contacted on North Shady Lane for securing an easement. Mr. Garza reported the Home Owners Association had not been responsive to his efforts, and he will continue to contact the appropriate signatory for the Home Owners Association. Mr. Garza also advised work on drainage outfalls will continue on North Shady Lane. Page 3 of 4 January 9, 2012, City Council Meeting Minutes 10. ADMINISTRATIVE REPORTS (a) Drainage and Flooding Committee Meeting — Monday, January 16, 2012 (b) Planning and Zoning Commission Meeting — Thursday, January 19, 2012 (c) City Council Meeting — Monday, January 23, 2012 (d) Council Retreat — Tentative Saturday, April 14, 2012 Interim City Manager Steve Gillett requested Councilmembers advise the City Secretary's Office if April 14, 2012, would be a good date to hold the annual Council Budget Retreat. Mr. Gillett had no additional reports. 11. 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. Councilmember Zemanek wished everyone a Happy New Year, congratulated Norma Winter on her retirement and commented he would like to visit with Mr. Villarreal regarding his concerns with the Port of Houston. Councilmember Mosteit congratulated Norma Winter on her retirement, thanked citizens that participate in Citizens on Patrol Programs and wished Councilmember Engelken a Happy Birthday. Councilmember Clausen wished everyone a Happy New Year. Councilmember Martin thanked the citizens for attending the meeting and congratulated Norma Winter on her retirement. Councilmember Moser congratulated Norma Winter on her retirement and thanked City Council for the property donated to Bay Area Habitat for Humanity. Councilmember Kaminski thanked the citizens for attending the meeting, expressed excitement on the proposed Citizens on Patrol Program and congratulated Norma Winter on her retirement. Mayor Rigby wished Norma Winter the best on her retirement. 12. 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: Discussion of the sale of property located at 908 and 912 West Main Street. City Council did not convene an executive session. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. There was no Executive Session. 14. ADJOURN There being no further business, at 6:50 p.m. Councilmember Engelken moved to adjourn the meeting. p R pectfully submitted, t / .. . i11 L i m Patrice Fogarty, .pity Secr "ary Passed an / • • - • on the 23r of January, 2012. Mi A May•Vuis R. Rig Page 4 of 4 January 9, 2012, City Council Meeting Minutes