HomeMy WebLinkAbout2012-06-11 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
JUNE 11, 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, June 11, 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 Engelken, Zemanek, Mosteit, Martin, Kaminski, Leonard, Moser 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.
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3.
4.
INVOCATION - The invocation was given by Councilmember Martin.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Dottie
Kaminski.
PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., addressed Council opposed to the new Animal Shelter and
Adoption Center being located at 10901 Spencer Highway and requested Council consider a
different location.
Paul Francis, 95 Bayridge, Morgan's Point, addressed Council on behalf of the Houston Yacht Club
and as a member on the board at the Houston Yacht Club, with concerns regarding the deepening
and widening project by the Port of Houston. Mr. Francis advised members of the Houston Yacht
Club are not opposed to the deepening and widening but are opposed to the dumping of the spoils
in the proposed location in Upper Galveston Bay. Mr. Francis urged Council to adopt a resolution
in opposition until an Environmental Impact Statement has been completed.
Tony Nunes, 2601 S. Broadway # 51, addressed Council with concerns regarding the deepening
and widening project by the Port of Houston and requested Council to speak to and/or write the
Corps of Engineers asking for the effect of the project and request a complete Environmental
Impact Statement of the project. Mr. Nunes also advised Council there is an alternative area in the
Corps of Engineers and Port of Houston plan for placement of spoils from the project.
Kathryn Aguilar, 3119 Fondren, addressed Council with concerns regarding the deepening and
widening project by the Port of Houston and advised a proper Environmental Impact Statement
should be completed.
Catherine Focke, 111 South Y St., addressed Council with concerns regarding the deepening and
widening project by the Port of Houston and the effects the project would have on the Bay. Ms.
Focke urged Council to request an Environmental Impact Statement.
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June 11, 2012, City Council Meeting Minutes
Ted Powell, 1700 Roscoe, addressed Council with concerns regarding the deepening and widening
project by the Port of Houston and the impact the project would have on the Bay. Mr. Powell
requested Council not support the project.
Bernard Legrand, 3115 Layne Court, addressed Council with concerns regarding the deepening
and widening project by the Port of Houston and advised Council an Environmental Impact
Statement is needed.
Ed Bluestein, 603 Bayridge, Morgan's Point, addressed Council and stated he sent a four -page
letter to Council and requested if the letter could be put into the record. Mr. Bluestein advised he is
not opposed to the deepening and widening project, but is opposed to the spoils creating an island
in Upper Galveston Bay.
Thelma Percoco, 1 Pine Bluff, addressed Council in agreement with the citizens' comments which
have already been given regarding the deepening and widening project by the Port of Houston.
She asked what a hurricane would do to the area and added the mitigation efforts to relocate oyster
beds may not be successful.
Larry Haller, 122 S. 17"', addressed Council regarding the constant dust and dirt blowing in a
parking lot located at 1801 W. B Street. Mr. Haller commented the parking lot needs to have
concrete or asphalt for the trucks utilizing the parking lot.
Donna Tobias, 1200 Robinson, addressed Council with appreciation and in favor of the proposed
Animal Shelter and Adoption Center with a location at 10901 Spencer Highway.
Charlotte Wells, 3324 Miramar, addressed Council opposing the deepening and widening project by
the Port of Houston.
5. 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 regular City Council meeting held on
May 14, 2012; and minutes of special City Council meetings held on May 7, 2012; May 22,
2012; May 23, 2012; and May 29, 2012 — P. Fogarty
(b) Consider approval or other action regarding the appointment of citizens to serve on the
Charter Review Advisory Commission — P. Fogarty
(c) Consider approval or other action authorizing the purchase of land located at 114 S. Third
Street by the La Porte Development Corporation for future parking for Main Street business
patrons and visitors — S. Osborne
(d) Consider approval or other action of an ordinance vacating, abandoning, and closing the
alley in Block 795, La Porte, and the South 15tt' Street Right -of -Way between Blocks 795 &
796, La Porte, and authorizing the execution and delivery of a deed to the adjoining
landowner — T. Tietjens
(e) Consider approval or other action to increase the fee schedule for the collection of
containerized commercial solid waste by Republic Services, Inc., by 5 percent, effective
November 1, 2012, until October 31, 2013 — D. Mick
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Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3414: AN ORDINANCE
VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 795, LA PORTE, AND THE SOUTH
15T" STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS AUTHORIZING THE EXECUTION AND
DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Regarding Item E, Mayor Rigby informed Council that Republic Services, Inc., withdrew the item.
Councilmember Leonard moved to approve the Consent Agenda Items A-D and F pursuant to
recommendations by City Staff. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
6. AUTHORIZATIONS/ORDINANCES
(a) Consider approval or other action regarding an ordinance adopting revisions to the City of
La Porte Employee Policies Handbook to incorporate the updated Emergency Pay Policy —
J. Suggs
Mayor Rigby recommended postponing adopting revisions to the City of La Porte Employee
Policies Handbook by incorporating an updated Emergency Pay Policy until after the new Human
Resources Manager is able to review the item and bring it back for Council's consideration.
Councilmember Engelken moved to postpone adopting revisions to the City of La Porte Employee
Policies Handbook by incorporating an updated Emergency Pay Policy until after the new Human
Resources Manager is able to review the item and bring it back for Council's consideration.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
(b) Consider approval or other action regarding a contract with Harris County Community
Services Department for an award in the amount of $728,804 from Harris County
Community Services Department for funding the City's Home Investment Partnership
(HOME) Program IV; appropriating a sum of up to $59,640 in City matching funds plus a 5
percent contingency for the City match ($9,108) for a total of $68,784 — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3415: AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HARRIS
COUNTY COMMUNITY SERVICES DEPARTMENT FOR AN AWARD IN THE AMOUNT OF $ 728,804.00
FROM HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR FUNDING THE CITY OF LA
PORTE'S HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO
$59,640.00 IN CITY MATCHING FUNDS TO FURTHER THE CITY'S GOAL OF PROVIDING AFFORDABLE
HOUSING AND A 5% CONTINGENCY $9,108.00 OF THE MATCH AMOUNT FOR A TOTAL ALLOCATION
OF $68,748.00 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Moser moved to approve Ordinance 2012-3416, Authorizing a Contract for an
award in the amount of $ 728,804.00 from Harris County Community Services Department for
funding the City of La Porte's Home Investment Partnership (HOME) Program; appropriating a sum
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June 11, 2012, City Council Meeting Minutes
of up to $59,640.00 in city matching funds to further the city's goal of providing affordable housing
and a 5 percent contingency $9,108.00 of the match amount for a total allocation of $68,748.00.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
(c) Consider approval or other action authorizing the Interim City Manager to execute
Amendment No. 2 to the Exclusive Right to Sell/Lease Contract with Main Properties Real
Estate, for the listing of six HOME grant properties — T. Leach
Assistant City Manager Traci Leach presented a summary.
Councilmember Moser moved to approve the Interim City Manager to execute Amendment No. 2 to
the Exclusive Right to Sell/Lease Contract with Main Properties Real Estate, for the listing of six
HOME grant properties. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation Planning and Zoning
Commission to approve Special Conditional Use Permit # 12-91000001 for development of
a City of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highway — T.
Tietjens
The public hearing was opened at 7:03 p.m. regarding a Special Conditional Use Permit for
development of a City of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highway.
Director of Planning Tim Tietjens presented a summary.
Councilmember Martin commented he was not impressed with the design of the building.
Councilmember Clausen advised staff to rotate the elevation of the building to not have the side of
the building facing Spencer Highway.
Ted Powell, 1700 Roscoe, suggested Council assign an architectural project to students at either
the University of Houston or Rice University for cost savings on architectural drawings and services.
Chuck Rosa, 812 S. Virginia St., commented the Animal Shelter and Adoption Center should be
located in the Texas Wildlife Building on Broadway St.
Hearing no further public comments, the public hearing was closed at 7:25 p.m.
(b) Consider approval or other action regarding Special Conditional Use Permit # 12-91000001
for develop of the City of La Porte Animal Shelter and Adoption Center at 10901 Spencer
Highway — T. Tietjens
Councilmember Zemanek moved to approve Special Conditional Use Permit # 12-91000001 for
development of the City of La Porte Animal Shelter and Adoption Center at 10901 Spencer
Highway with exception to Item 6. Councilmember Leonard seconded. MOTION PASSED.
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June 11, 2012, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
Councilmember Martin commented he was in favor of moving forward but not in support of the
building drawings presented during the public hearing.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding an ordinance appointing a Mayor Pro-Tem for a term
commencing June 11, 2012, and expiring May 31, 2013 — Mayor Rigby
Mayor Rigby opened the item up for discussion. Councilmember Moser moved to appoint
Councilmember Zemanek as Mayor Pro-Tem for a term commencing June 11, 2012, and expiring
May 31, 2013, or until a successor has been appointed. Councilmember Leonard seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
(b) Discussion or other action regarding appointment of members to the Chapter 172 Employee
Retiree Insurance and Benefits Committee and the La Porte Area Water Authority — P.
Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Leonard nominated Jerome McKown to serve as Citizen Position 2 on the Chapter
172 Employee Retiree Insurance and Benefits Committee. Mayor Rigby informed Councilmember
Leonard that Jerome McKown was a citizen of Shoreacres and not La Porte, thus he is unable to
serve.
Councilmember Zemanek moved to nominate Charles Montgomery to serve as Citizen Position 2
on the Chapter 172 Employee Retiree Insurance and Benefits Committee, and Doug Martin to
serve in the vacant position on the La Porte Area Water Authority. There was no second to this
motion. Mayor Rigby asked why not move Juliane Graham up from the alternate position and
appoint someone else to the alternate position.
Councilmember Zemanek moved to appoint Juliane Graham from Alternate Position 2 to Citizen
Position 2, and Charles Montgomery to Alternate Position 1 on the Chapter 172 Employee Retiree
Insurance and Benefits Committee. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
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June 11, 2012, City Council Meeting Minutes
Councilmember Zemanek moved to appoint Doug Martin to serve in the vacant position on the
La Porte Area Water Authority. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
(c) Discussion or other action regarding the Bayport Deepening and Widening Project by the
Port of Houston — S. Gillett
Interim City Manager Steve Gillett presented a summary.
Councilmembers Leonard and Martin commented they are against the location of the proposed
spoil area.
Councilmember Zemanek commented he was not opposed to the dredging but opposes the spoil
site.
Councilmember Leonard moved to direct staff to prepare a resolution for consideration at the
June 25, 2012, City Council Meeting supporting the Port of Houston's plan to deepen and widen the
Bayport Ship Channel; support the placement of dredged spoil in the already existing placement
area; and opposing the creation of a new open bay marsh without a formal Environmental Impact
Statement. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
9. STAFF REPORTS
(a) Receive report regarding Port of Houston acoustical report — T. Leach
Assistant City Manager Traci Leach and Robert Bruce with Collaboration in Science and
Technology, Inc. (CSTI) provided an update on the Port of Houston acoustical report.
Councilmembers Engelken, Zemanek, and Leonard commented it was time to proceed and go to
court.
Assistant City Attorney Clark Askins advised the City is still in mediation and could not go to court
on tickets.
Councilmember Zemanek commented the noise levels in the report are not correct.
Councilmember Moser questioned Interim City Manager Steve Gillett whether the Port of Houston
would possibly consider placing the spoil from the deepening and widening project into their already
existing area and drop the desire to place it in Upper Galveston Bay if the City stopped pursuing the
noise issue. Interim City Manager responded it is possible.
Council directed staff to meet with the Port of Houston and request what has been done to reduce
the noise and what documentation they have to demonstrate it has been done and to provide an
update at the June 25, 2012, City Council Meeting.
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June 11, 2012, City Council Meeting Minutes
(b) Receive drainage report — J. Garza
City Engineer Julian Garza provided a drainage report.
10. ADMINISTRATIVE REPORTS
(a) Juneteenth Celebration, June 15-19, 2012
(b) Chamber of Commerce Hamburger Cookout, Thursday, June 21, 2012
(c) City Council Meeting, Monday, June 25, 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit,
Clausen, Martin, Moser and Mayor Rigby.
Councilmember Kaminski thanked City Council and the City Secretary's Office for their thoughts
and cards during her hospital stay; Happy birthday wishes were given to Councilmember Leonard.
Councilmember Zemanek commented on Consent Agenda Item E, which was pulled. He reported
his business has been overcharged by 54 percent over the last two years and four months.
Councilmember Zemanek recommended staff send a letter with the contract attach to commercial
businesses and have them confirm the amount they are being charged by Republic Services, Inc.,
for the collection of containerized commercial solid waste and report back to Council;
Congratulations were expressed to Councilmember Zemanek on his election as mayor pro tem.
Councilmember Moser reminded everyone of the upcoming Juneteenth festivities.
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: For the purpose of deliberating
the appointment, employment, evaluation, reassignment and/or duties of a public officer or
employee: Discuss proposed employment between the City and candidate for position of City
Manager.
Mayor Rigby commented he had received a signed copy of the employment contract from the City's
top candidate; and there was no need to go into executive session unless they wanted to discuss
the contract. Council did not go into executive session.
13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
Consider taking action authorizing the Mayor to sign and the City Secretary to attest an employment
contract with candidate for position of City Manager.
Councilmember Leonard moved to authorize the Mayor to sign and the City Secretary to attest an
employment contract with Corby Alexander for position of City Manager. Councilmember Zemanek
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Mosteit, Martin, Clausen, and Moser
Nays: None
Absent: None
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June 11, 2012, City Council Meeting Minutes
Mayor Rigby reported the official start date for Corby Alexander is scheduled for July 2, 2012, and
Mr. Alexander was eager to begin his employment with the City. Mayor Rigby also reported staff
had received emails from employees at the City of Bonham advising the City was gaining a
wonderful city manager.
14. ADJOURN
There being no further business, at 8:40 p.m. Councilmember Engelken moved to adjourn the meeting.
Respectfully submitted,
UP" OFF
WIMP
Passed ar a proved on June 25, 2012.
is R.
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June 11, 2012, City Council Meeting Minutes