HomeMy WebLinkAbout2012-02-13 Regular Meeting of the La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
FEBRUARY 13, 2012
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, February 13, 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 6:00 p.m. Members of Council present:
Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen.
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 Don Hill, Light of Christ Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Recognition — "Employee of the (Fourth) Quarter" Robyn Gallion (Police Officer) — Mayor
Rigby
(b) Recognition — "Employee of the Year' — Walter Lee (Meter Reader Supervisor) — Mayor
Rigby
(c) Recognition — "Manager of the Year" — Clarence Anderson (Animal Control Division
Supervisor) — Mayor Rigby
Mayor Rigby recognized Police Officer Robyn Gallion as "Employee of the (Fourth) Quarter"; Meter
Reader Supervisor Walter Lee as "Employee of the Year"; and Animal Control Division Supervisor
Clarence Anderson as "Manager of the Year."
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Rob Rollins, 3014 Bayou Dr., La Porte, addressed Council regarding utilization of Five Points Plaza
for a vendors' market which would be a private business. Mr. Rollins would like to use the Plaza
the first Saturday of the month from 8:00 a.m. until 3:00 p.m. and have vendors for face painting,
snow cones, arts and crafts, etc.
Tisha Rollins, 3014 Bayou Dr., La Porte, also addressed Council regarding the same usage of Five
Points Plaza.
Dewey Mace, 1216 Montana, La Porte, addressed Council regarding dumpsters on Montana
Street.
Mike Shanahan, 200 S. Virginia, La Porte, addressed Council opposing concerts at Five Points
Plaza.
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February 13, 2012, City Council Meeting Minutes
Christian Hansen, 312 South 2"d Street, La Porte, addressed Council regarding Municipal Court.
Danny Murphy, P. O. Box 87491, Houston, friend of Christian Hansen, addressed Council with
concerns of the City's Code of Ordinances. Mr. Murphy commented there are differences between
the City's code and state laws and suggested changing the definition of "person" in the Code of
Ordinances.
Tony Villarreal, 3903 Barracuda Lane., La Porte, addressed Council regarding sound monitoring at
the Port of Houston. Mr. Villarreal also thanked Council for considering a sound monitor at the Port
of Houston.
Richard Masceri, 11032 Mesquite Dr., La Porte, addressed Council on behalf of Fairmont Park East
Home Owners' Association in opposition to the Special Conditional Use Permit (SCUP No. 11-
9100007) for developing a 30-acre industrial complex with a turbo machinery repair services facility,
shops, offices and an administration building. Mr. Masceri requested Council to vote against the
item and commented there was not a need for more industrial facilities in the area.
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 meeting held on
January 23, 2012 — P. Fogarty
(b) Consider approval or other action awarding Bid # 12008 for heavy equipment — D. Mick
(c) Consider approval or other action regarding a resolution of the City Council of the City of
La Porte electing not to require the remittance of a PEG Fee by holders of a state issued
certificated franchise authority — M. Dolby
(d) Consider approval or other action regarding an ordinance amending the City of La Porte
Fiscal Year 2011-2012 Budget — M. Dolby
(e) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement
with La Porte Independent School District and San Jacinto College for holding of Joint
Elections — P. Fogarty
f) Consider approval or other action regarding an ordinance calling the 2012 General Election
of the City of La Porte, Texas for May 12, 2012, providing for a joint election with the
La Porte Independent School District, and calling a run-off election, if necessary, for June 9,
2012 — P. Fogarty
Assistant City Attorney Clark Askins read the caption of Resolution 2012-01, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE ELECTING NOT TO REQUIRE THE REMITTANCE OF A PEG FEE
BY HOLDERS OF A STATE ISSUED CERTIFICATE OF FRANCHISE AUTHORITY.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012- 3400, AN ORDINANCE
APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE
PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012, FINDING THAT ALL THINGS
REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
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February 13, 2012, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 2012- 3401, AN ORDINANCE CALLING
THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION IF
NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR A
JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR THE USE
OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES
OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN
AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING
DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Regarding Item C, Councilmember Clausen questioned whether citizens purchasing services from
Comcast would be charged the one percent fee. Finance Director Michael Dolby advised a copy of
the Resolution would be forwarded to video providers requesting customers not be charged the
additional one percent fee.
Regarding Item E, Councilmember Zemanek questioned how the City could enter into an
agreement when San Jacinto College District has not met to agree on terms in the agreement. City
Secretary Patrice Fogarty advised Council could vote on the agreement subject to the San Jacinto
College meeting or Council could wait until the agreement has been signed by San Jacinto College.
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
City Staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays: None
Absent: None
7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
Consider approval or other action on a resolution authorizing the appointment of a financing team to
proceed with bond refunding parameters and an ordinance to allow the City to advance refund a
portion of the City's debt.
(a) Consider approval or other action regarding a resolution approving proceedings to
authorize bonds, including the engagement of professionals in connection with the
issuance and sale of such bonds and preparation of financing documents and a
preliminary official statement, and making other provisions regarding such bonds —
M. Dolby
Finance Director Michael Dolby and Financial Advisor of RBC Capital Market Robert Henderson
presented a summary.
Assistant City Attorney Clark Askins read the caption of Resolution 2012-02 A RESOLUTION APPROVING
PROCEEDINGS TO AUTHORIZE BONDS, INCLUDING THE ENGAGEMENT OF PROFESSIONAL IN
CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS AND PREPARATION OF FINANCING
DOCUMENTS AND A PRELIMINARY OFFICAL STATEMENT; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO
Councilmember Clausen moved to approve Resolution 2012-02 as presented. Councilmember
Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays: None
Absent: None
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February 13, 2012, City Council Meeting Minutes
(b) Consider approval or other action regarding an ordinance assigning a designee to
refund general obligation bonds — M. Dolby
Finance Director Michael Dolby and Margo White with Andrews Kurth presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3402 AN ORDINANCE
AUTHORIZING AND ORDERING THE ISSUANCE , SALE AND DELIVERY OF CITY OF LA PORTE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012, IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $10 MILLION; DELEGATING TO AUTHORIZED REPRESENTATIVES THE
AUTHORITY TO APPROVE THE AMOUNT, INTEREST RATES, PRICE AND TERMS THEREOF AND
CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AUTHORIZING THE
REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AND MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO.
Councilmember Clausen moved to approve Ordinance 2012-3402 as presented. Councilmember
Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays: None
Absent: None
(c) Consider approval or other action awarding Bid # 12007 for Fire Station No. 1 — D. Ladd
Assistant Fire Chief presented a summary.
Councilmember Moser moved to award Bid # 12007 for Fire Station No. 1 as presented.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Leonard, Zemanek, Moser, Kaminski and Engelken
Nays: None
Absent: None
8. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive public input on Special Conditional Use Permit (SCUP No. 11-
90000007) for ACT Independent Turbo Services, Inc. — T. Tietjens
City Council opened the public hearing at 7:10 p.m. regarding Special Conditional Use Permit
(SCUP No. 11-91000007) for ACT Independent Turbo Services, Inc.
Planning Director Tim Tietjens presented a summary.
Mayor Rigby questioned if any type of land use would still impact drainage and transportation.
Planning Director Tim Tietjens responded yes.
Councilmember Clausen questioned why eliminate property currently zoned for residential use
when property is available on the other side of the street. Planning Director Tim Tietjens advised
staff must respond to applications when they are received. He commenting staff's position is not to
provide approval.
Councilmember Leonard questioned if the condition to not allow outside storage had been
discussed with the applicant. Planning Director Tim Tietjens responded yes.
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February 13, 2012, City Council Meeting Minutes
David Janda, 412 Spencer Landing East, La Porte, addressed Council stating his opposition to the
location and not the business.
Debra Davis, 314 Spencer Landing West, addressed Council with concerns about traffic, noise,
smoke/industrial pollution, lowered property values, drainage, and safety of neighborhoods.
Billy Coleman, with ACT Independent Turbo Services, Inc., addressed Council and advised ACT
Independent Turbo Services, Inc., is a specialized machine shop with 80 employees located in
South Houston. Mr. Coleman commented ACT Independent Turbo Services, Inc., approached
PPG in search of property; and the proposed property was offered and not the other side of the
street. Mr. Coleman also commented Spencer Landing is located 700 feet and Fairmont Park East
is located 1,975 feet away from the property. The property would be utilized permanently for light
industrial use. Mr. Coleman advised Council the company would be responsible citizens and
business leaders of La Porte.
Plant Manager of PPG, Thomas Norbit, addressed Council and commented the current land is
under agriculture tax exemption; and the City would benefit with the sale of the land. Mr. Norbit
also commented he does not view the property as a residential area; and the property would be
subdivided.
Nikki Garza, 322 Spencer Landing West, La Porte, addressed Council in opposition to the Special
Conditional Use Permit (SCUP No. 11-91000007) for ACT Independent Turbo Services, Inc.
David Janda, Sr., 9502 Dry Desert Way, La Porte, addressed Council and commented the property
should remain zoned as residential.
Planning Director Tim Tietjens forwarded the positive recommendation of the Planning and Zoning
Commission of a Special Conditional Use Permit (SCUP No. 11-90000007) for ACT Independent
Turbo Services, Inc.
City Council closed the public hearing at 7:46 p.m.
Assistant City Attorney Clark Askins read the caption of the Ordinance AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA ORTE, CHAPTER 106, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCES OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT NO. 11-91000007 FOR THAT CERAIN PARCEL OF LAND HEREIN
DESCRIBED, FOR THE PURPOSE OF DEVELOPING TURBO MACHINERY REPAIR SERVICES FACILITY
AT THE SOUTHWEST CORNER OF BAY AREA BOULEVARD AND SPENCER HIGHWAY, IN A PLANNED
UNIT DEVELOPMENT (PUD) 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.
(b) 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 No.
11-90000007) for developing a 30-acre industrial complex with a turbo machinery repair
services facility, shops, offices and an administration building — T. Tietjens
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February 13, 2012, City Council Meeting Minutes
Councilmember Zemanek moved to reject Special Conditional Use Permit (SCUP No. 11-
90000007) for developing a 30-acre industrial complex with a turbo machinery repair services
facility, shops, offices and an administration building as presented by the Planning and Zoning
Commission. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Zemanek, Moser, Kaminski and Engelken
Nays: Councilmember Leonard
Absent: None
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the Concert Series — S. Barr
Parks and Recreation Director Stephen Barr presented a summary.
Councilmember Moser commented he wants to completely remove concerts from Five Points
Plaza, and hold concerts such as Cinco de Mayo at Sylvan Beach, the Juneteenth Celebration at
the Jeannie Riley Building, and the July 4th Celebration at Sylvan Beach or the Evelyn Kennedy
Building, and find new locations for the other two funded concerts.
Mayor Rigby commented he did not have a problem with having concerts, but they should be
moved away from Five Points Plaza. Councilmember Martin commented Five Points could be
utilized for daylight events with possible acoustical music, not amplified music, and a vendors'
market would also be good. Councilmember Clausen commented he was in favor of concerts but
not at Five Points Plaza. Councilmember Kaminski commented she was in favor of some change
to move concerts to different locations. Councilmember Leonard commented Christmas on Main
Street, and other functions which were in La Porte in the past, are great for Five Points Plaza; and
other events could be promoted at the Plaza, except for concerts.
Councilmember Moser moved to discontinue the concert series at Five Points Plaza and to relocate
the July 4th, Juneteenth, Cinco de Mayo, and the other two funded concerts. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit,
Zemanek, Leonard, Moser, Kaminski and Engelken
Nays: None
Absent: None
(b) Discussion or other action regarding installation of a permanent, stationary, outdoor sound
meter in south La Porte — L. Rigby
Mayor Rigby presented a summary and advised that after a meeting with the Port of Houston, the
Port agreed to provide all data stemming from their sound meters. Mayor Rigby stated the Port
hired a company to analyze their sound monitoring data.
Council questioned staff regarding several issues and made several requests, including having the
Port's data validated, requested the equipment's calibration dates be obtained with reports from the
Port of Houston and requested a status of the mediation.
Chief Adcox provided information on the City's options for purchasing and installing a sound
monitoring system. Chief Adcox advised a citizen would need to lodge a complaint. The Chief
cautioned that the Police Department could not simply look at the charts/reports and write tickets for
enforcement purposes.
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February 13, 2012, City Council Meeting Minutes
Tony Villarreal, 3903 Barracuda Lane., La Porte, addressed Council and commented he would like
the City to utilize an electronic data recorder; there is software that can be used to show a recording
and locate a spike very quickly. He also provided a demonstration of what 85 decibels sounds like,
and played a recording of typical noise as heard from inside his residence.
Mayor Rigby asked if the majority of Council agrees with obtaining the data from the Port of
Houston based on dates and times of citations and looking for an outside consultant to work at an
hourly rate to review the Port of Houston's reports and meeting after the interpretation is done to
discuss the Port of Houston's sound monitoring devices versus a sound monitoring device on City's
property. Council was in agreement. Staff was also directed to continue with the mediation
process.
10. COMMITTEE REPORTS
(a) Receive Report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Zemanek provided a report of La Porte Development Corporation's meeting.
11. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
Councilmember Mosteit provided a drainage report and added he met with City staff and the Texas
Pipeline Coalition regarding pipeline issues.
12. ADMINISTRATIVE REPORTS
(a) Planning & Zoning Meeting, Thursday, February 16, 2012, re Comp Plan
(b) Zoning Board of Adjustment Meeting, Thursday February 23, 2012
(c) City employee cook -off — Friday & Saturday, February 24 & 25, 2012
(d) City Council Meeting, Monday, February 27, 2012
(e) City Council Meeting, Monday, March 12, 2012
(f) Drainage and Flooding Committee, Monday, March 19, 2012
(g) Fiscal Affairs Committee Meeting, Monday, March 26, 2012
(h) City Council Meeting, Monday, March 26, 2012
(i) City Council Budget Retreat, Saturday, April 14, 2012
0) Election filing period — February 4, 2012 — March 5, 2012
Interim City Manager Steve Gillett reported a La Porte Development Corporation Board Meeting will
be held on February 27, 2012, at 5:00 p.m. and reminded Council to forward any items wished for
discussion at the April 14th Council Retreat to City Secretary Patrice Fogarty.
13. 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, Engelken, Mosteit, Clausen, Martin, Moser,
Kaminski, Zemanek, Leonard and Mayor Rigby.
All Councilmembers congratulated "Employee of the (Fourth) Quarter" Robyn Gallion, "Employee of
the Year" Walter Lee and "Manager of the Year" Clarence Anderson. Councilmember Mosteit
congratulated "Employee of the (Fourth) Quarter' Robyn Gallion "Employee of the Year" Walter Lee
and "Manager of the Year' Clarence Anderson. Councilmember Engelken informed everyone of
the Donna Lynn Williamson Scholarship benefit fundraiser to be held on Saturday, February 18, at
Lomax Arena Park. Councilmember Zemanek reminded everyone of the Casino Night hosted by
the Chamber and requested Mr. Coleman to contact Economic Development Coordinator Stacey
Osborne for a more viable site for their project. Mayor Rigby requested staff members to visit
regarding the comments about trash on Montana and Oregon Streets. Regarding the Special
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February 13, 2012, City Council Meeting Minutes
Conditional Use Permit (SCUP No. 11-90000007) for ACT Independent Turbo Services, Inc., he
commented they could come back with different options.
14. 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.
There was no executive session.
15. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
There was no executive session.
16. ADJOURN
There being no further business, at 9:10 p.m. Councilmember Engelken moved to adjourn the meeting.
R ectfully submitted,
Patrice Fogarty, y Secritary
Passed a p ed on the 27th of February, 2012.
May r Vouis R. R' b
1-1
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