HomeMy WebLinkAbout2012-05-14 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
DARYL LEONARD
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
MAY 14, 2012
The City Council of the City of La Porte met in a regular meeting on Monday, May 14, 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 Pro Tern Engelken called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Zemanek, Mosteit, Engelken, Martin, Moser, and Clausen. Mayor Rigby and
Councilmembers Kaminski and Leonard were 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 Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation — Motorcycle Safety and Awareness Month in the City of La Porte — Mayor
Rigby
Mayor Pro Tern Engelken presented a proclamation proclaiming the month of May as Motorcycle
Safety and Awareness Month in the City of La Porte.
(b) Recognition — 2012 Silver Leadership Circle Award — Mayor Rigby
Mayor Pro Tern Engelken recognized the City's Finance Department for receiving the 2012 Silver
Leadership Circle Award. Assistant City Manager Traci Leach accepted the award.
(c) Presentation — Municipal Court Traffic Safety Award — Mayor Rigby
Mayor Pro Tern Engelken presented the Municipal Court Traffic Safety Award to Judge Denise
Mitrano and court employees.
(d) Presentation — "Employee of the (First) Quarter" Mike Martin (Police Officer) — Mayor Rigby
Mayor Pro Tern Engelken recognized Police Officer Mike Martin as "Employee of the First Quarter."
S. PUBLIC COMMENTS (Limited to five minutes per person.)
Maury Rubenstein, 1718 Roscoe, addressed Council and presented photos of his property. Mr.
Rubenstein advised Council of a past rain event and the cost of his maintaining debris, drainage
and the natural slough on the property he owns.
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May 14, 2012, City Council Meeting Minutes
Chuck Rosa, 812 S. Virginia St., addressed Council regarding attendance of members of the
Planning and Zoning Commission.
Walt Jones, 1603 W. Main St., addressed Council regarding the regulation/permitting of tow truck
operators and storage facilities. Mr. Jones requested Council's support of his business in La Porte.
Ricky Sanchez, Territory Representative with Equipment Southwest, Inc., Irving, TX, addressed
Council regarding Bid #12021 for Truck Mounted Hydraulic Cleaning and Vacuum. Mr. Sanchez
advised Equipment Southwest, Inc., was the second lowest bidder during the bid process and
provided additional information he felt would save the city money.
Gideon Jones, 10403 Quiet Hill, addressed Council in opposition to the new animal shelter's
location within the La Porte Municipal Airport property.
Ted Powell, 1700 Roscoe St., addressed Council with concerns of executing a lease termination
agreement and development services agreement with the Economic Alliance Port Region for 908
W. Main Street.
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 23, 2012 — P. Fogarty
(b) Consider approval or other action regarding the appointment of Travis Stiver to the
La Porte Police Reserve Force — K. Adcox
(c) Consider approval or other action awarding Bid # 12020 for Crawler/Excavator and Bid #
12021 for Truck Mounted Hydraulic Cleaning and Vacuum — D. Mick
(d) Consider approval or other action regarding an ordinance authorizing the Interim City
Manager to execute an Industrial District Agreement and Water Service Agreement with
Baypark Industrial Properties, L.P. —T. Tietjens
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3411: AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH BAYPARK INDUSTRIAL PROPERTIES, L.P. A TEXAS CORPORATION FOR THE
TERMS 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 2012-3412: AN ORDINANCE
APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND BAYPARK INDUSTRIAL PROPERTIES, L.P., A TEXAS CORPORATION; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Mosteit moved to approve the consent agenda pursuant to recommendations by
City Staff. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby, Councilmembers Leonard and Kaminski
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7. AUTHORIZATIONS
(a) Consider approval or other action regarding an ordinance amending Chapter 78, "Vehicles
for Hire," of the La Porte Code of Ordinances, regarding regulation/permitting of emergency
tow truck operators — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance Ordinance 2012-3413: AN ORDINANCE
AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY
ESTABLISHING REGULATIONS FOR USE OF STORAGE FACILITIES BY AUTO WRECKERS
OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINACE 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; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE.
Councilmember Zemanek moved to approve Ordinance 2012-3413, regarding an ordinance
amending Chapter 78, "Vehicles for Hire," of the La Porte Code of Ordinances, regarding
regulation/permitting of emergency tow truck operators. Councilmember Moser seconded.
MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby, Councilmembers Leonard and Kaminski
(b) Consider approval or other action regarding the La Porte Area Water Authority authorization
-. for its General Manager to execute an agreement with the City of Houston to release
$138,898.00 from the La Porte Area Water Authority contingency reserve — D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Zemanek moved to approve authorizing the La Porte Area Water Authority's
General Manager to execute an agreement with the City of Houston to release $138,898.00 from
the La Porte Area Water Authority contingency reserve. Councilmember Clausen seconded.
MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby, Councilmembers Leonard and Kaminski
(c) Consider approval or other action regarding appointing members to the Citizens' Charter
Review Advisory Commission — P. Fogarty
City Secretary Patrice Fogarty presented a summary. There is one nominee still to be named, by
Councilmember Leonard.
Consensus by Council is to wait until there is a full slate before approving all members to the
Citizens' Charter Review Advisory Commission.
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May 14, 2012, City Council Meeting Minutes
(d) Consider approval or other action authorizing the Interim City Manager to execute a lease
termination agreement for 908 W. Main Street and a development services agreement with
the Economic Alliance Port Region — T. Leach
�- Assistant City Manager Traci Leach presented a summary.
Councilmember Martin questioned why the six -year membership fee is in the agreement. Assistant
City Manager Traci Leach responded the term was requested by the Economic Alliance Port
Region. Six years is the amount of time left on the existing lease, and the Economic Alliance Port
Region wanted the agreement to be consistent with the development services agreement.
Councilmember Martin also questioned the benefits and reporting received from the Economic
Alliance Port Region. Assistant City Manager Traci Leach advised the City can tap into a higher
level of accountability, and the Economic Alliance Port Region is available to come before Council
and provide quarterly reports.
Councilmember Zemanek questioned if there are any penalties if the building is not vacated as
promised. Assistant City Manager responded there are no penalties, but the Economic Alliance
Port Region indicated they would vacate well in advance of the deadline.
Councilmember Zemanek moved to approve the Interim City Manager to execute a lease
termination agreement for 908 W. Main Street and a development services agreement with the
Economic Alliance Port Region. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby, Councilmembers Leonard and Kaminski
(e) Consider approval or other action authorizing the Interim City Manager to negotiate and
execute a purchase and sale agreement, and any necessary agreements and instruments
related thereto, for the transfer of 908 W. Main Street to the La Porte Development
Corporation, acting as an independent foundation, for the sale of such property to K. Belle
Interests for the development of office space — T. Leach
Assistant City Manager Traci Leach presented a summary.
Councilmember Martin moved approve authorizing the Interim City Manager to negotiate and
execute a purchase and sale agreement, and any necessary agreements and instruments related
thereto, for the transfer of 908 W. Main Street to the La Porte Development Corporation, acting as
an independent foundation, for the sale of such property to K. Belle Interests for the development of
office space. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby, Councilmembers Leonard and Kaminski
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding funding for regional bus service in the proposed Fiscal
Year 2012-2013 Budget — T. Leach
Assistant City Manager Traci Leach discussed future funding for regional bus service in the
proposed Fiscal Year 2012-2013 Budget.
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May 14, 2012, City Council Meeting Minutes
Council directed staff to move forward with funding regional bus service in the proposed Fiscal Year
2012-2013 Budget.
(b) Discussion or other action regarding refund to La Porte Real Property, LLC, pursuant to
Section 4 of the Rail Spur Agreement — S. Gillett/K. Askins
Interim City Manager Steve Gillett discussed a refund to La Porte Real Property, LLC, pursuant to
Section 4 of the Rail Spur Agreement.
Councilmember Martin moved to approve the refund to La Porte Real Property, LLC, pursuant to
Section 4 of the Rail Spur Agreement. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Pro Tern Engelken, Councilmembers Zemanek,
Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: Mayor Rigby; Councilmembers Leonard and Kaminski
9. STAFF REPORTS
(a) Receive report regarding results of the Citizen Survey — T. Leach
Assistant City Manager Traci Leach shared a PowerPoint presentation and reported the results of
the Citizen Survey.
(b) Receive drainage report— J. Garza
Senior Engineer Julian Garza provided a drainage report and additional information not contained
on the submitted report.
10. ADMINISTRATIVE REPORTS
(a) La Porte Development Corporation Board Meeting, Tuesday, May 15, 2012
(b) Harris County Mayors' and Councils' Association Dinner, Thursday, May 17, 2012
(c) City of La Porte Employee Picnic, Saturday, May 19, 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 Zemanek, Engelken, Mosteit, Martin and Moser..
Councilmembers Zemanek, Moser and Mayor Pro Tern Engelken congratulated recipients of the
proclamation and recognitions and wished Councilmember Kaminski a speedy recovery;
Councilmember Mosteit congratulated recipients of the proclamation and recognitions;
Councilmember Clausen also congratulated the recipients of the proclamation and recognitions and
announced the La Porte High School Baseball Team will be playing in the regional quarter finals
this weekend; Councilmember Martin sent condolences to the Valerius family, commented on the
Dog Park, Sylvan Beach Day, congratulated and thanked the Red Suspenders for donating
$3,000.00 to the La Porte Special Olympics Program, and conveyed thanks to staff at Bay Forest
Golf Course on the new bulkheads.
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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 551.074 — Personnel Matters: Deliberation concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: Denise Mitrano, Municipal Court Judge
City Council recessed the regular meeting to convene an executive session at 7:45 p.m. to discuss
the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: Denise Mitrano, Municipal Court Judge.
13. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting was reconvened at 8:35 p.m. No action was taken.
14. ADJOURN
There being no further business, at 8:35 p.m. Councilmember Clausen moved to adjourn the meeting.
Re ectfully submitted,
Patrice Fogarty, Vy Secr6fary
Passed a don June 11, 2012.
Ma or ouis R. ig
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