HomeMy WebLinkAbout2012-04-23 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
DARYLLEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
APRIL 23, 2012
The City Council of the City of La Porte met in a regular meeting on Monday, April 23, 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, and Clausen.
Councilmember Martin was absent. 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 Father Gary Rickles, St. Mary's Catholic Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation — Fair Housing Week in the City of La Porte — Mayor Rigby
Mayor Rigby presented a proclamation proclaiming April 23-27 as Fair Housing Week in the City of
La Porte. Planning Director Tim Tietjens accepted the proclamation on behalf of the Texas General
Land Office.
(b) Recognition — Retirement of Joe Rolke — Planning Department — Mayor Rigby
Mayor Rigby recognized Joe Rolke on his retirement from the City as an Engineering Technician.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., La Porte, addressed Council regarding public meeting requirements, training
for committee members and elected/appointed officials, and postings on the website.
Anita Frisbie-Jones, owner of A&W Jones Collision Storag,e located at 1603 Main St., La Porte, addressed
Council regarding concerns regarding her business not being grandfathered under the wrecker ordinance and
a wrecker company being grandfathered utilizing her business Vehicle Storage Facility number.
Walt Jones, owner of A&W Jones Collision Storage, located at 1603 Main St., La Porte, addressed Council
and expressed how he believes his business should be able to contract with another wrecker company.
Harley Piatt, with Apple Towing, addressed Council with their commitment to the City of La Porte and advised
the company owns their storage yard.
Charlie Hinds, 11521 N. L Street, addressed Council with the history of Walt Jones' problem and advised a
business should own and operate the storage lot in order to avoid potential problems.
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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 April 9,
2012, and minutes of Special City Council Meeting held on April 14, 2012 — P. Fogarty
(b) Consider approval or other action regarding a resolution affirming that the City of La Porte
will not use excessive force during any non-violent civil rights demonstration associated with
any project funded by the Community Development Block Grant Disaster Recovery Program
— T. Tietjens
(c) Consider approval or other action regarding a resolution authorizing designated signators
for the Texas Community Development Block Grant Program Contract 12-218-000-5518
Round 2 — T. Tietjens
(d) Consider approval or other action regarding an ordinance amending Chapter 82, "Buildings
and Building Regulations," of the Code of Ordinances of the City of La Porte, relating to
procedures for condemnation of dangerous structures — D. Wilmore
(e) Consider approval or other action regarding an ordinance providing for the creation of a
Citizens' Charter Review Advisory Commission — P. Fogarty
Assistant City Attorney Clark Askins read the caption of Resolution 2012-03: A RESOLUTION AFFIRMING
THAT THE CITY OF LA PORTE WILL NOT USE EXCESSIVE FORCE DURING ANY NON-VIOLENT CIVIL
RIGHTS DEMONSTRATION ASSOCIATED WITH ANY PROJECT FUNDED BY THE COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM, INCLUDING PHYSICALLY
BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH
DEMONSTRATION, AS FOLLOWS:
Assistant City Attorney Clark Askins read the caption of Resolution 2012-04: A RESOLUTION OF A CITY
OF LA PORTE AUTHORIZING DESIGNATED SIGNATORS FOR ITS TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM DISASTER RECOV ERY PROGRAM FUND CONTRACT 12-
218-000-518 ROUND 2.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3409: AN ORDINANCE
AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO
PROCEDURES FOR CONDEMATION OF DANGEROUS STRUCTURES; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCES
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.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3410: AN ORDINANCE OF THE
CITY OF LA PORTE, TEXAS PROVIDING FOR THE CREATION OF A CITIZENS' CHARTER REVIEW
ADVISORY COMMISSION; PROVIDING FOR UP TO NINE (9) MEMBERS; DETERMINING THE TERM OF
OFFICE; PROVIDING FOR THEIR DUTIES AND METHOD OF APPOINTMENT; PROVIDING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve the consent agenda pursuant to recommendations by
City Staff. Councilmember Moser seconded. MOTION PASSED.
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Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Clausen, and Moser
Nays: None
Absent: Councilmember Martin
7. AUTHORIZATIONS
(a) Consider approval or other action regarding the Northside Neighborhood Plan Update 2012
— T. Tietjens
City Engineer Masood Malik and Consultant Anita Hartman with Kimley-Horn Associates presented
a summary.
Councilmember Moser expressed his appreciation to Consultant Anita Hartman and the Planning
Department for their hard work and planning efforts toward the update of the Northside
Neighborhood Plan.
Councilmember Moser moved to approve the Northside Neighborhood Plan Update 2012.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Clausen, and Moser
Nays: None
Absent: Councilmember Martin
(b) Consider approval or other action awarding Bid #12022 for Traffic Signal System at Main
Street at 2"d Street — D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Moser moved to approve the mast arm and black powder coating proposal for
Traffic Signal System at Main Street at 2"d Street. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Clausen, and Moser
Nays: None
Absent: Councilmember Martin
(c) Consider approval or other action filling an unexpired term on the La Porte Development
Corporation Board, for a term to expire August 31, 2012 — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Zemanek nominated Mike Cooksley to fill the unexpired term on the La Porte
Development Corporation Board.
Councilmember Mosteit nominated Charles Montgomery to fill the unexpired term of the La Porte
Development Corporation Board.
Councilmember Zemanek moved to appoint Mike Cooksley to fill the unexpired term of the La Porte
Development Corporation Board, for a term to expire August 31, 2012. Councilmember Kaminski
seconded. MOTION PASSED.
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Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Clausen and Moser
Nays: None
Absent: Councilmember Martin
(d) Consider approval or other action regarding appointing members to the Citizens' Charter
Review Advisory Commission — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Moser nominated Mark Follis to serve as a member of the Citizens' Charter Review
Advisory Commission.
Councilmember Kaminski nominated Stan Sherwood to serve as a member of the Citizens' Charter
Review Advisory Commission.
Councilmember Engelken nominated Nancy Lotze to serve as a member of the Citizens' Charter
Review Advisory Commission.
An item for the nomination of additional members and appointment of all members to the Citizens'
Charter Review Advisory Commission will be taken up at the next meeting.
(e) Consider approval or other action regarding a La Porte Development Corporation letter
committing to an economic development grant not to exceed $1,000,000 for Project Nebula
— S. Osborne
Economic Development Coordinator Stacey Osborne presented a summary.
Councilmember Zemanek moved to approve the La Porte Development Corporation letter
committing to an economic development grant not to exceed $1,000,000 for Project Nebula.
Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Clausen and Moser
Nays: None
Absent: Councilmember Martin
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding Chapter 78, "Vehicles for Hire"; consideration of
amendatory ordinance amending Chapter 78 of the Code of Ordinances relating to auto
wrecker permits — T. Tietjens
Planning Director Tim Tietjens discussed Chapter 78, "Vehicles for Hire"; and presented to Council
for consideration an amendatory ordinance amending Chapter 78 of the Code of Ordinances
relating to auto wrecker permits.
Councilmember Zemanek questioned if La Porte Automotive and La Porte Towing were the same
Wrecker Company. Planning Director Tim Tietjens responded, no, that La Porte Automotive is
owned by Bobby Slocum; and La Porte Towing is owned by Keith Mainor. Councilmember
Zemanek also requested statistical information regarding the number of time each permitted
wrecker company "passed" on the opportunity to tow when called out by the police department.
The information was provided.
Councilmember Moser asked whether Mr. Jones can obtain a wrecker license in the city if Mr.
Jones leases the building at his business location and does not own the yard/property. Planning
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Director Tim Tietjens responded no; it was the legal determination that Mr. Jones' ability to obtain a
wrecker license was lost when McGinty relinquished their permits and ceased operation in the city.
McGinty had been permitted prior to the passage of the February 2011 ordinance which requires,
as one of the conditions to being permitted, that a wrecker company own a vehicle storage facility in
the city limits.
Councilmember Leonard questioned if Mr. Jones considered owning his own wrecker company,
would he still not be able to obtain a license due to not owning the property. Planning Director Tim
Tietjens responded that is his understanding based on the legal determination.
Councilmember Moser questioned if a wrecker company was called and asked if they could
respond to a location and they could not respond, would the wrecker company be passed over.
Chief of Police Ken Adcox responded yes.
Councilmember Zemanek moved to amend the ordinance to allow a business owner who is leasing
a vehicle storage yard, as opposed to owning a VSF, to be permitted as a wrecker company, if all
other conditions in the ordinance are met; and authorize the Wrecker Committee the authority to
grant variances. Councilmember Moser seconded. MOTION PASSED.
Councilmember Mosteit suggested the item be sent back to the Wrecker Committee for research,
and a public hearing be conducted for more details before consideration.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Leonard, Clausen and Moser
Nays: Councilmember Mosteit
Absent: Councilmember Martin
9. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
Senior Engineer Julian Garza presented the Drainage Report. Councilmember Mosteit requested
an update and timeline of the Sens Road project. Senior Engineer Julian Garza informed the
project was not to last more than five working days. Mr. Garza also advised he would follow up with
the project manager and provide the update to Council.
Councilmember Engelken requested an update on the buyouts in the Brookglen Subdivision.
(b) Receive Report of Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee meeting which was held
prior to this council meeting.
10. ADMINISTRATIVE REPORTS
(a) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012
(b) La Porte Development Corporation Board Meeting, Monday, May 14, 2012
(c) City Council Meeting, Monday, May 14, 2012
(d) Memorial Day, City Offices Closed, Monday, May 28, 2012
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 Moser, Kaminski, Zemanek, Leonard, Engelken,
Mosteit, Martin and Mayor Rigby.
Councilmembers Moser and Kaminski congratulated Joe Rolke on his upcoming retirement,
expressed appreciation to staff and Consultant Anita Hartman with Kimley-Horn Associates for their
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April 23, 2012, City Council Meeting Minutes
work on the Northside Neighborhood and Council for their approval of the plan. Councilmember
Kaminski and Councilmember Zemanek reminded everyone about Sylvan Beach Day on Saturday;
Councilmember Engelken wished everyone a safe trip home; Councilmember Mosteit congratulated
Joe Rolke on his retirement and Mike Cooksley on his appointment to the La Porte Development
Corporation Board and thanked everyone that attended the La Porte Livestock Show and Rodeo
Association show and auction. Mayor Rigby commented on the events held this past Saturday: the
Trash Off, the Rotary Crawfish Boil, and the Senior Citizen joint dance with seniors from Garland,
Texas. All were well attended.
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: Receive report from executive
search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager.
City Council recessed the regular meeting to convene an executive session at 7:38 p.m. to discuss
the sale of property located at 908 and 912 West Main Street and receive a report from executive
search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager.
13. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 9:00 p.m. No action was taken.
14. ADJOURN
There being no further business, the regular council meeting adjourned at 9:01 p.m.
R ectfully submitted,
Patrice Fogarty, Ci ecretary7
Passfved on May 14, 2012.
M yoR. igb
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