HomeMy WebLinkAbout2012-10-22 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Mayor Pro Tern
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 22, 2012
DARYLLEONARD
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, October 22, 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:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Zemanek, Engelken, Mosteit, Kaminski, Leonard, Clausen and Moser.
Councilmember Martin arrived at 6:54 p.m. Also present were City Secretary Patrice Fogarty, City
Manager Corby Alexander and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Dr. B.L. Worsham, Second Baptist Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember John Zemanek.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Presentation — Citizen Award of Merit — Mr. Daniel Silvas — Mayor Rigby
Mayor Rigby presented the "Citizen Award of Merit" to Mr. Daniel Silvas. Chief Adcox also said a
few words. Mr. Silvas gave his thanks, as well.
(b) Recognition — "Employee of the (Third) Quarter" (George Molnar) (Equipment Services
Supervisor) — Mayor Rigby
Mayor Rigby recognized Equipment Services Supervisor George Molnar as Employee of the Third
Quarter.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
George Houth, 11806 North H, addressed Council with his concerns about a letter referencing
Harris County's decision on Sens Road. Mr. Houth proposed they continue Sens like they did Bay
Area Boulevard.
Danny Earp, 1827 Lomax School Road, addressed Council with his concerns about a letter
referencing Harris County's decision on lowering Sens Road, citing the City should stand firm,
make Harris County do it, and get rid of the flooding in Lomax.
Genareed Durbin, 10915 Spruce Drive North, addressed Council with her concerns about water
and sewer billing, billing time and the 10-days late shut off.
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October 22, 2012, City Council Meeting Minutes
6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a) Consider approval or other action regarding the minutes of regular City Council meeting
held on October 8, 2012 — P. Fogarty
(b) Consider approval or other action regarding an ordinance vacating, abandoning and closing
the south 300' of the alley in Block 26, La Porte; and authorizing the City Manager to
execute a public utility easement within said alley — T. Tietjens
(c) Consider approval or other action regarding an ordinance vacating, abandoning, and closing
the South 11th Street Right -Of -Way between Block 1 and Block 2, La Porte — T. Tietjens
(d) Consider approval or other action regarding an ordinance authorizing an agreement
between the City of La Porte and Bayway Homes, Inc., to construct a home at 222 N. 5th
Street — T. Tietjens
(e) Consider approval or other action regarding an ordinance authorizing an agreement
between the City of La Porte and Bayway Homes, Inc., to construct a home at 509 N. 7th
Street — T. Tietjens
M Consider approval or other action regarding an ordinance authorizing an agreement
between the City of La Porte and Bayway Homes, Inc., to construct a home at 513 N. 7th
Street — T. Tietjens
(g) Consider approval or other action designating the location of the Special Meeting of the La
Porte City Council on October 27, 2012, at the Monument Inn Restaurant, 4406
Independence Parkway South, La Porte, TX 77571 — Mayor Rigby
Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 3439: AN
ORDINANCE VACATING, ABANDOING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 26, LA
PORTE, HARRIS COUNTY, TEXAS; RETAINING A UTILITY EASEMENT AND 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 Consent Item 6c, Assistant City Attorney Clark Askins read the cation of Ordinance 3440: AN
ORDINANCE VACATING, ABANDONING AND CLOSING THE, SOUTH 11 " STREET RIGHT-OF-WAY
BETWEEN BLOCK 1 AND BLOCK 2, LA PORTE, 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 Consent Item 6D, Assistant City Attorney Clark Askins read the caption of Ordinance 3441: AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 222 N. 5T" STREET, ALSO DESCRIBED
AS LOTS 5-7 OF BLOCK 65, LA PORTE, TX, 77571, AS PART OF THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING
$114,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Regarding Consent Item 6E, Assistant City Attorney Clark Askins read the caption of Ordinance 3442: AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 509 N. 7T" STREET, ALSO DESCRIBED
AS LOTS 21-22 OF BLOCK 101, LA PORTE, TX, 77571, AS PART OF THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING
$104,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
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October 22, 2012, City Council Meeting Minutes
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Regarding Consent Item 6F, Assistant City Attorney Clark Askins read the caption of Ordinance 3443: AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 513 N. 7T" STREET, ALSO DESCRIBED
AS LOTS 23-24 OF BLOCK 101, LA PORTE, TX, 77571, AS PART OF THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING
$109,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METTINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
staff. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Mosteit, and Moser
Nays: None
Absent: Councilmember Martin
7. PUBLIC HEARING AND ASSOCIATED ORDINANCE
(a) Public Hearing to receive comments from the public and City Council members regarding
the La Porte Comprehensive Plan Update as recommended by the La Porte Planning and
Zoning Commission — T. Tietjens
The public hearing opened at 6:27 p.m.
Planning Director Tim Tietjens presented a summary of the La Porte Comprehensive Plan Update
as recommended by the La Porte Planning and Zoning Commission. He introduced Matt Bucchin,
with Kendig Keast Collaborative, who presented a summary on Chapters 1 — 3 of the
Supplementary Land Use Assessment. A summary of Chapters 4 — 6 will be presented at the
November 12, 2012, council meeting.
Councilmember Martin arrived at 6:54 p.m.
Councilmember Zemanek requested an explanation as to the parameters of the new land use of
'business industrial' and where it will be located. Mr. Bucchin gave a definition and showed the
location on a map.
Phillip Hoot, 927 Seabreeze, addressed Council with his explanation as to how the City of La Porte
Planning and Zoning Commission Board made the La Porte Comprehensive Plan Update summary
more user friendly for La Porte citizens.
Councilmember Clausen moved to continue the Public Hearing of the La Porte Comprehensive
Plan Update to the November 12, 2012, council meeting. Councilmember Zemanek seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Leonard, Martin and Moser
Nays: None
Absent: None
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding report from Commissioner Jack Morman's office
regarding the widening of Sens Road — Mayor Rigby
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October 22, 2012, City Council Meeting Minutes
Mayor Rigby introduced Dave Walden, with Commissioner Jack Morman's office, who, along with
Road and Bridge Superintendent Jack Rodriguez, presented a report regarding the widening of
Sens Road and their desire to move forward with this project.
Councilmember Moser stated that his position is the same as stated in prior meetings with the
County. Councilmember Mosteit addressed his concerns with drainage. Councilmember Leonard
questioned the cost of widening Sens Road according to the original plan. Councilmember Clausen
asked whether it is more feasible cost -wise to do the widening a little at a time, or to wait until the
County has the funds to complete the entire project all at once.
Mayor Rigby stated no formal action is needed at this time. It was the consensus of Council that
they have no objection to the County moving forward with Phase 1, which has four lanes, concrete
curbs and gutters, and underground sewer, using the funds currently available.
(b) Discussion or other action regarding funding repairs for Battleship Texas — T. Leach/Bruce
Bramlett.
Assistant City Manager Traci Leach introduced Bruce Bramlett, President, Battleship Texas
Foundation, who presented a summary related to the funding repairs for Battleship Texas.
Mayor Rigby addressed Council before Bruce Bramlett, President, Battleship Texas Foundation,
presented his summary with the possibility of using Hotel/Motel tax monies if Council chooses for
funding repairs for Battleship Texas as this is what these funds are to be used for to try to get
people into our city.
Bruce Bramlett, President, Battleship Texas Foundation, presented a summary in regards to
funding repairs for the Battleship Texas.
Councilmember Engelken addressed Assistant City Attorney Clark Askins with the question of
whether it is permissible for the City to spend money outside the City limits. Mr. Askins stated no
objection if just wanting to use general funds, but that "Type B" monies could be used if Harris
County authorizes, and hotel/motel tax monies could be used, as this would be promoting the hotel
industry in our area.
Councilmember Moser asked Bruce Bramlett how much money the state of Texas has for this
project. Mr. Bramlett said they have $21.9 million at this time.
Mayor Rigby asked Assistant City Attorney Clark Askins if this item is a financial item he needs to
look into further. Mr. Askins stated that if this were straight general fund money from the City, that
he would really want to know what the particulars were, clearly not being able to make gratuitous
contributions and not getting any benefits back, depending on the context. With it being La Porte
Economic Development Corporation monies and/or hotel/motel tax monies, Mr. Askins is pretty
clear the City can, even if the project is not in the corporate city limits.
Mayor Rigby asked if this was something that Council would like to consider. Councilmember
Zemanek requested more discussion on this item. Councilmember Martin proposed to come up
with answers on what types of monies can be used, and determine how much the City could afford
to invest.
Mayor Rigby asked Councilmember Zemanek if he would like to discuss more with Bruce Bramlett
or whether he would prefer to discuss this amongst Council and staff. Councilmember Zemanek
stated with Council and staff. Councilmember Zemanek stated that he thought there was already a
project that the City was looking to fund with hotel/motel tax revenue, and he does not want to
deplete all the funds in a project that is outside the City when we have a project inside the City that
we can fund.
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October 22, 2012, City Council Meeting Minutes
Mayor Rigby asked City Manager Corby Alexander for his plan of action. City Manager Alexander
proposed that staff come back with options incorporating this project plus any others that may be
candidates for hotel/motel tax revenue funding, then workshop it and get direction from Council at
that time.
No formal action taken.
(c) Discussion or other action regarding proposed Mariposa at Pecan Park (Adult Living) — T.
Tietjens
Planning Director Tim Tietjens presented a summary regarding the proposed project Mariposa at
Pecan Park (Adult Living). Mariposa principles Mr. Bonner and Mr. Carrington presented, as well.
There was no objection by Council to their moving forward at this time.
9. REPORTS
(a) Receive report from La Porte Fire Department regarding the progression of construction of
Fire Station No. 1 — D. Ladd
Assistant Fire Chief Donald Ladd presented a summary regarding the progression of
construction of Fire Station No. 1.
(b) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken presented a summary of the La Porte Development Corporation
Board meeting which took place just prior to the start of this Council meeting.
(c) Receive Delinquent Tax Report — Mayor Rigby
There were no Council comments regarding the Delinquent Tax Report.
10. ADMINISTRATIVE REPORTS
(a) Citizens' Charter Review Committee Meeting — Tuesday, October 30, 2012
(b) Fiscal Affairs Committee Meeting — Monday, November 12, 2012
(c) City Council Meeting — Monday, November 12, 2012
(d) Thanksgiving Holidays — Thursday, November 22, 2012 and Friday, November 23, 2012
(e) City Council Meeting — Monday, December 10, 2012
(f) Christmas Holidays — Monday, December 24, 2012, and Tuesday, December 25, 2012
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of factual
information or existing policies — Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen,
Martin, Moser, Kaminski and Mayor Rigby.
Congratulations were extended to Mr. Silvas on his Citizen Award of Merit and to George Molnar on
the Employee of the 3rd Quarter award; thanks were given to the Planning Department and
Planning & Zoning Commission for their work on the Comp Plan; thanks were extended to all City
departments supporting the Northside Cleanup event, especially Parks and Public Works;
Councilman Zemanek expressed concern for a young man he and others in the community have
been helping; Councilman Martin mentioned the open house at Port Crossing and also Project
America Run, beginning on the border of Canada, where Mike Ehredt, of Hope, ID, will begin his
solo run to honor those who have served and died in Afghanistan. Flags bearing the Name, Rank,
Age and Hometown of a fallen U.S. Military Member will be placed each mile, thus creating an
invisible holding of hands from our northern border to the Gulf of Mexico outside Galveston, TX.
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October 22, 2012, City Council Meeting Minutes
This is a personal tribute and a gift of thanks to those who have served our country. In 2010 Ehredt
completed his cross country run of over 4000 miles to honor those who died in Iraq and with the
completion of this run, Project America Run II, his invisible wall of honor will grace over 6500 miles
of our country in a serene and humble show of gratitude. Mayor Rigby stating thoughts and prayers
are with the families of David Wood and Dennis Muska.
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 651.071(1)(A) — Pending or Contemplated Litigation — State
vs. Port of Houston - Sound Mediation
12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
Council provided direction to the Assistant City Attorney Askins regarding the sound mediation
discussed in Executive Session.
13. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
9:00 P.M.
Respectfully submitted,
/ i, AQAAA� —
Patrice Fogarty, City e retary
Passed a6d)4ppro^d on Ngyember 12, 2012.
Lduis R.
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October 22, 2012, City Council Meeting Minutes