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Home My WebLink About2012-02-27 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 27, 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 27, 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 Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Mosteit. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Mayor Rigby and Police Chief Ken Adcox recognized Chuck Coupland for contributions to the DARE Program. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia St., La Porte, addressed Council in opposition of the proposed regulations governing operation of Group Care Facilities (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers) and mentioned discussion held at a recent City of La Porte Planning and Zoning Commission Meeting. He provided a survey of area cities on this subject. 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 February 13, 2012 — P. Fogarty (b) Consider approval or other action awarding Bid # 12011 Police Car/Animal Control Truck Equipment — K. Adcox (c) Consider approval or other action authorizing the Interim City Manager to sign grant award and other documents for the Impaired Driving Mobilization Grant (STEP-IDM-2012) — K. Adcox Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Leonard seconded. MOTION PASSED. Page 1 of 4 February 27, 2012, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit, Leonard, Zemanek, Moser, Kaminski and Engelken Nays: None Absent: None 7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing a contract amendment with Kendig Keast Collaborative for a land use study, and appropriating $7,800.00 from the General Fund for supplement to the Comprehensive Plan Update — T. Tietjens Planning Director Tim Tietjens presented a summary. During discussion, he stated the contract amendment stemmed from the consultant based on what was heard at the Planning and Zoning Commission. He was questioned as to whether a land use study could be used by the Planning and Zoning Commission to help identify possible changes in the zoning ordinance, and he responded yes. Planning Director Tietjens was questioned as to why the need for the study in determining when businesses are non -conforming because there is other information available at city hall. He responded that the City only has information where permits have been applied for, but not throughout the entire city. This study is not for studying building use, but for determining land use and will give the City an opportunity to provide available property locations for companies wishing to locate to the city. It will also assist GIS with coding. Councilmember Zemanek questioned how many commercial businesses are currently operating in the City of La Porte. Economic Development Coordinator Stacey Osborne advised she would provide the information to City Council. Councilmember Moser commented if a business was in a nonconforming area that is zoned R1 (Low Density Residential), and the business is destroyed more than 51 percent, it could not be rebuilt. Planning Director Tim Tietjens responded that in this situation, the business could not be rebuilt if destroyed by more than 50 percent. Mayor Rigby stated a nonconforming use destroyed by more than 51 percent cannot be rebuilt with or without this updated plan. Councilmember Clausen moved to authorize a contract amendment with Kendig Keast Collaborative for a land use study, and appropriate $7,800.00 from the General Fund for supplement to the Comprehensive Plan Update as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit and Engelken Nays: Councilmembers Moser, Kaminski, Zemanek and Leonard Absent: None (b) Consider approval or other action authorizing an Interlocal Agreement between the City of La Porte and the City of Shoreacres for Emergency Water System Interconnect — D. Mick Public Works Director Dave Mick presented a summary and advised the City is not installing the interconnect. Shoreacres is doing the installation, but the City will inspect the work. Page 2 of 4 February 27, 2012, City Council Meeting Minutes Councilmember Martin moved to authorize an Interlocal Agreement between the City of La Porte and the City of Shoreacres for Emergency Water System Interconnect as presented. Councilmember Clausen. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit, Leonard, Zemanek, Moser, Kaminski and Engelken Nays: None Absent: None 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed alternative for disposition of real property owned by the City of La Porte — T. Leach Assistant City Manager Traci Leach addressed Council with a power point presentation regarding a proposed alternative for disposition of real property owned by the City of La Porte. Council directed staff to move forward with the proposed alternative for disposition of real property owned by the City of La Porte. 9. STAFF REPORTS (a) Receive Drainage Report — J. Garza Senior Engineer Julian Garza provided the Drainage Report. (b) Receive 2011 La Porte Police Department Racial Profiling Report — K. Adcox Chief of Police Ken Adcox presented the La Porte Police Department Racial Profiling Report. 10. ADMINISTRATIVE REPORTS (a) La Porte Development Corporation Board Meeting, February 27, 2012 (b) City Council Meeting, Monday, February 27, 2012 (c) La Porte Livestock Show and Rodeo Association Board Meeting, March 1, 2012 (d) City Council Meeting, Monday, March 12, 2012 (e) Drainage and Flooding Committee, Monday, March 19, 2012 (f) Fiscal Affairs Committee Meeting, Monday, March 26, 2012 (g) City Council Meeting, Monday, March 26, 2012 (h) City Council Budget Retreat, Saturday, April 14, 2012 (i) Election filing period — February 4, 2012 — March 5, 2012 Interim City Manager Steve Gillett had no additional comments. 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 — Councilmembers Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor Rigby. Councilmembers complimented Chuck Coupland for contributions to the DARE Program and gave condolences to Stuart Staffa on the loss of his mother. Councilmember Martin thanked Assistant City Manager Traci Leach for a great presentation and commented on the City of La Porte Employee Barbeque Kick Off. Page 3 of 4 February 27, 2012, City Council Meeting Minutes 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. Texas Government Code, Section 551.074 — Personnel Matters for the purpose of deliberating the evaluation and duties of a public officer or employee: City Secretary Patrice Fogarty City Council recessed the regular meeting to convene an executive session at 7:13 p.m. to conduct the annual evaluation of City Secretary Patrice Fogarty. The executive session item for real property was not needed. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting reconvened at 7:45 p.m., and no action was taken. 14. ADJOURN There being no further business, at 7:45 p.m. Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, Patrice Fogarty, C&Secretiry Passed anroved on March 12, 2012. Mayor( Louis R. Page 4 of 4 February 27, 2012, City Council Meeting Minutes