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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. Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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. Page 4 of 6 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. Page 5 of 6 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. Page 6 of 6 October 22, 2012, City Council Meeting Minutes