HomeMy WebLinkAbout2012-11-12 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Mayor Pro Tem
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
NOVEMBER 12, 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, November 12, 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, Engelken, Mosteit, Kaminski, Martin, Clausen and Moser. Absent:
Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Michael Thannisch, Congregation Benin Avraham.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Mayor Rigby.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council in opposition to the La Porte Comprehensive Plan
Update as recommended by the La Porte Planning and Zoning Commission.
Blanca Villarreal, 402 Bay Oak, addressed Council regarding agenda item 6d and requested
Council allow her more time to have an engineer review the plans for her property.
Stuart Shaw, 6009 Eleos Circle, Austin, Texas, addressed Council regarding proposed Mariposa
Apartment Homes at Pecan Park and requested Council to extend the revitalization site. Mr. Shaw
informed Council he would be addressing the matter with the Planning and Zoning Commission, as
well.
5. 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 22, 2012 — P. Fogarty
(b) Consider approval or other action authorizing the purchase of furniture for Fire Station No.
One through Global Industries Inc., utilizing the Texas Municipal Discount pricing — D. Ladd
(c) Consider approval or other action awarding Bid # S13001 for the sale of Lot 10, Block 46,
Bayfront Addition of the Town of La Porte, Harris County, Texas — S. Cream
(d) Consider approval or other action regarding a Resolution amending the City's Financial
Management Policies — M. Dolby
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November 12, 2012, City Council Meeting Minutes
(e) Consider approval or other action awarding Bid # 12031 for plastic garbage bags — D. Mick
(f) Consider approval or other action authorizing
Aztec Remodeling and Landscaping for
replacement at Boggy Bayou — D. Mick
the City Manager to execute a contract with
waterline and sanitary sewer crossing
(g) Consider approval or other action regarding rescinding Resolution 2012-12 designating
INEOS USA, L.L.C., as a State of Texas Enterprise Zone Project and consider approval or
other action regarding a new Resolution designating INEOS USA, L.L.C., as a State of
Texas Enterprise Zone Project — S. Osborne
(h) Consider approval or other action regarding the Fiscal Year 2012 Audit/Asset Forfeiture
Report and associated financial records — K. Adcox
Regarding Consent Item 5g, Councilmember Zemanek questioned the wording changes of the new
resolution designating INEOS USA, L.L.C. as a State of Texas Enterprise Zone Project, and staff
explained the reason for passage of the new resolution is because the previous resolution had
incorrect information in the body.
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek,
Kaminski, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Leonard
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Continue Public Hearing from October 22, 2012, to receive comments regarding the
La Porte Comprehensive Plan Update as recommended by the La Porte Planning
and Zoning Commission — T. Tietjens
City Council reopened the public hearing at 6:18 p.m., continuing the public hearing from
October 22, 2012, regarding the La Porte Comprehensive Plan Update as recommended by the
La Porte Planning and Zoning Commission. Planning Director Tim Tietjens introduced Matt Bucchin
with Kendig Keast Collaborative; and Mr. Bucchin presented Chapters 4-6 of the 2030 La Porte
Comprehensive Plan.
Councilmember Moser asked whether the downtown master plan would include both Main Street
and Sylvan Beach waterfront areas, and whether a Citizens Advisory Committee would need to be
appointed for Main Street. Planning Director Tim Tietjens responded, "Not necessarily." It is to
point City Council in the direction of a plan specific to the areas which were the original platted part
of downtown and towards Sylvan Beach. Councilmember Moser commented he is concerned that
individuals who do not live on Main Street voiced opinions on how Main Street business owners
should spend their money.
Councilmember Mosteit commented the terminology being used in the Comprehensive Plan does
not indicate Council is reversing any prior action on connectivity and mobility. Planning Director
Tim Tietjens responded that is correct; the Comprehensive Plan is a non -regulatory document.
Chuck Rosa, 812 S. Virginia St., addressed Council and commented he is happy to live in
La Porte and expressed his opposition to the La Porte Comprehensive Plan Update.
City Council closed the public hearing at 7:04 p.m.
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November 12, 2012, City Council Meeting Minutes
(b) Consider approval or other action regarding the recommendation of the Planning and
Zoning Commission to adopt the La Porte Comprehensive Plan Update — T. Tietjens
Councilmember Engelken left the table at 7:10 p.m.
Assistant City Attorney Clark Askins commented Council could direct staff to prepare a formal
ordinance for adoption of the Comprehensive Plan at the December 10, 2012, Council meeting,
after advising of any changes Council wishes to make.
Councilmember Clausen moved to accept the recommendations of the Planning and Zoning
Commission and bring the item to the December 10, 2012, Council Meeting for formal adoption.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Kaminski, Clausen, Mosteit,
Martin and Moser
Nays: Councilmember Zemanek
Absent: Councilmembers Leonard
Away from the table during vote: Councilmember Engelken
(c) Public Hearing to receive comments from the public regarding condemnation of twelve
(12) substandard buildings — D. Wilmore
The public hearing opened at 7:15 p.m.
Building Official Debbie Wilmore presented a summary of condemnation of twelve (12) substandard
buildings. Ms. Wilmore advised Council an earnest money contract had been received for 129 N.
10th and 135 Pine Bluff had been sold on October 22, 2012, since the agenda request had been
written and requested a ninety -day continuance on these properties.
Building Official Wilmore reported staff had not received any communication regarding 9510 Belfast
Rd. and requested Council pass the ordinance; regarding 2223 Underwood Rd., staff had not
received any communication, and requested Council pass the ordinance; regarding 1829 Valley
View Dr., staff had not received any communication from the owners family or the mortgage
company and requested Council pass the ordinance; regarding 129 N. 10th St., staff has a copy of
the earnest money contract that has a thirty -day feasibility clause, and staff met with the proposed
owner on the Thursday prior to this meeting; and the owner indicated he will be moving forward with
purchasing the property and anticipates a December closing. Ms. Wilmore advised Council this is
one of the properties on which staff requests a ninety -day continuance; regarding 402 Bay Oaks
Rd., the property is valued at one hundred dollars on the tax rolls; staff has requested the plans to
rebuild the property since July and had only received floor plans with no other construction plans;
the City had to mow the property in September, and the property needs to be mowed again due to
the owner not maintaining the property. Regarding 402 Bay Oaks Rd., Ms. Wilmore requests
Council pass the ordinance; regarding 3031 S. Broadway, staff has not received any
communication from the owner but believes the owner will be addressing Council during public
comments; regarding 135 Pine Bluff St., Ms. Wilmore reported staff has a copy of the sale contract,
and the property was closed on October 22"d. Ms. Wilmore requested a ninety -day continuance to
communicate with the new owner; regarding 213 Bayshore Dr., Ms. Wilmore reported staff has a
voluntary consent to demolish the property from the owner, and there was no action required of
Council since the owner was in agreement to demolish the property; regarding 508 Donaldson St.,
Ms. Wilmore reported a will has been probated, and the owner did not object to condemnation of
the property, and Ms. Wilmore requested Council pass the ordinance; regarding 111 S. Carroll St.,
Ms. Wilmore reported the property is related to a tax cause number, and requested Council pass
the ordinance; regarding 303 W. Polk, Ms. Wilmore reported the owner's wife is deceased and a
will was never probated and the owner was aware of the ordinance before Council; Ms. Wilmore
requested Council pass the ordinance; regarding 318 N. 5th St., Ms. Wilmore reported she had no
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November 12, 2012, City Council Meeting Minutes
communication other than a phone conversation with a granddaughter informing staff a will had
never been probated by the aunt and uncle; Ms. Wilmore requested Council pass the ordinance;
regarding 500 W. Main, Ms. Wilmore reported she had no communication from the owner since July
2012, but believed the owner and his attorney are present and would be addressing Council during
public comments.
J.B. Williamson, 820 W. Main # 13, addressed Council on behalf of Mr. Gilbert Diaz regarding the
property located at 500 W. Main, and advised Mr. Diaz had applied for a building permit to bring the
property up to code; and the permit was denied. Mr. Diaz appealed to the Zoning Board of
Adjustment and requested Mr. Williamson represent him. Mr. Williamson advised Council he
requested the item be taken off the Zoning Board of Adjustment agenda, and the engineering plans
have been amended. Mr. Williamson requested Council grant an extension and allow Mr. Diaz to
request another hearing with the Zoning Board of Adjustment in order to move forward with
repairing the property.
Susan Rector, 3141 S. Broadway, addressed Council and requested a extension of ninety days to
communicate with Building Official Debbie Wilmore regarding the repairing of her property located
at 3031 S. Broadway.
Jerry Gurley, 16002 Clearcrest, addressed Council and requested a ninety -day extension on the
property located at 135 Pine Bluff.
Blanca Villarreal, 402 Bay Oaks, requested a sixty-day extension on the property located at 402
Bay Oaks.
City Council closed the public hearing at 7:31 p.m.
Councilmember Engelken returned to the table at 7:32 p.m.
Councilmember Moser moved to continue the public hearing until February 25, 2013, providing an
additional 90 days, regarding properties located at 129 N. 10" St., 402 Bay Oaks Rd., 3031 S.
Broadway, 135 Pine Bluff St., and 500 W. Main. Councilmember Clausen seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
(d) Consider approval or other action regarding Ordinances authorizing the condemnation of
twelve (12) substandard buildings — D. Wilmore
Councilmember Moser moved to approve the Ordinances authorizing the condemnation of
(7) substandard buildings. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3444 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 15, LT 253, SPENWICK PLACE, SEC 2, HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT SHELLY GAIL ZAFEREO &
PETER D. ZAFEREO ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S)
TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
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November 12, 2012, City Council Meeting Minutes
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD
TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY
OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3445 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT TRA9013-1, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT RICHARD P. GRIFFIN. PRES. %
HEALTH & SAFETY MGMT. INC. & JAMES H. GRIFFIN. MGR. % THREE POINTS INVESTMENTS, LTD. ARE THE
RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR
TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO
COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE
OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE
ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT
REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE
HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3446 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BILK 1, LT 33, GREENDALE U/R, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LORRAINE N. RONNING, DAVID M.
D'ALESIO % JP MORGAN CHASE & DEAN C. RONNING. ARE THE RECORD OWNER(S) OF SAID PROPERTY;
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE
MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3447 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 33, LTS 19-26, BAYFRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT ELMER HUGH PFEIFFER &
DONNA J. PFEIFFER. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S)
TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD
TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY
OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3448 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 87, LTS 6 & 7. BAYFRONT TO LA PORTE HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDEPENDENT
SCHOOL DISTRICT % PERDUE. BRANDON, FIELDER. COLLINS & MOTT LLP ARE THE RECORD OWNER(S)
OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN
TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING
THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR
THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW.
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November 12, 2012, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3449 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 58, LTS 32 & 33, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LOUIS SENEGAL & LOUIS
SINEGAL, ET UX — ALICE SINEGAL. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE
SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING
INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3450 AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BILK 80, LTS 7 & 8. LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT PAULINE LEWIS & BETTY MOORE.
ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID
REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND
TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A
NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA
PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a) Consider approval or other action regarding a Resolution appointing one representative
and one alternate to the H-GAC (Houston -Galveston Area Council) 2013 General
Assembly and Board of Directors — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney read the caption of Resolution 2012-15 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE
HOUSTON-GALVESTON AREA COUNCIL 2013 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Councilmember Kaminski moved to adopt Resolution 2012-15 appointing Councilmember Engelken
as the representative and Councilmember Martin as the alternate representative to the
H-GAC (Houston -Galveston Area Council) 2013 General Assembly and Board of Directors.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
(b) Consider approval or other action regarding an Interlocal Agreement with Harris County for
the construction of a culvert at P Street — J. Garza
Senior Engineer Julian Garza presented a summary.
Councilmember Mosteit moved to approve an Interlocal Agreement with Harris County for the
construction of a culvert at P Street. Councilmember Moser seconded. MOTION PASSED.
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November 12, 2012, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
(c) Consider approval or other action authorizing the City Manager to execute an agreement
with LJA Engineering, Inc., for the engineering design of a culvert extension at P Street
at its intersection with the F101-06 Drainage Channel —J. Garza
Senior Engineer Julian Garza presented a summary.
Councilmember Zemanek commented staff requested $166,000.00 for engineering design by Klotz
and Associates in September 2011, and Council approved $26,000.00 because they thought 8'x10'
box culverts would suffice. Councilmember Zemanek questioned how $78,000.00 for engineering
and design work and $85,000.00 for construction could be justified; and whether the design work
could have been done in-house. Senior Engineer Garza responded it is his professional opinion
the hydraulic modeling could not be conducted in-house in an efficient and cost effective manner
without the proper tools and resources.
Councilmember Mosteit moved to authorize the City Manager to execute an agreement with LJA
Engineering, Inc., for the engineering design of a culvert extension at P Street at its intersection
with the F101-06 drainage channel. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
(d) Consider approval or other action regarding a Resolution authorizing the City Attorney to
represent the City of La Porte in the acquisition of property for the F216 Little Cedar
Bayou Phase 2 Improvements — J. Garza
Councilmember Engelken left the table at 7:59 p.m.
Senior Engineer Julian Garza presented a summary.
Assistant City Attorney read the caption of Resolution 2012-16 A RESOLUTION AUTHORIZING THE
ACQUISTION OF RIGHTS -OF -WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF
LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Moser moved to approve Resolution 2012-16 authorizing the City Attorney to
represent the City of La Porte in the acquisition of property for the F216 Little Cedar Bayou
Phase 2 Improvements. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Clausen,
Mosteit, Leonard, Martin and Moser
Nays: None
Absent: Councilmember Leonard
Away from the table during vote: Councilmember Engelken
Councilmember Engelken returned to the table at 7:59 p.m.
(e) Consider approval or other action regarding Ordinance 842-C to amend the boundary of La
Porte ETJ within the Bayport Industrial District pursuant to the Interlocal Agreement
between the Cities of La Porte and Pasadena — T. Tietjens
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November 12, 2012, City Council Meeting Minutes
Planning Director Tim Tietjens presented a summary.
Councilmember Engelken questioned if there is an update or timeline on Harris County amending
the Flood Plain Map in the Brookglen area with the improvements. Planning Director Tim Tietjens
responded in the Interlocal Agreement, the City of Pasadena would be given three years to
construct the detention; and then staff would be able to go back to FEMA and obtain a Letter of
Map Revision that would likely show several homes falling out of the hundred -year flood plain.
Councilmember Engelken commented he did not have a problem approving the item but did have a
problem with not having the ability to lower the insurance rates for the citizens in the area that are
paying four times the rate of other citizens. Councilmember Engelken also commented what Harris
County Flood Control did was unjust to the citizens in La Porte.
Assistant City Attorney read the caption of Ordinance 842-C AN ORDINANCE AMENDING ORDINANCE NO.
842, 842-A, AND 824-B, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL
DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL DISTRICT NO. 1 OF THE LA PORTE, TEXAS,"
RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW
IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Zemanek moved to amend Ordinance Nos. 842, 842-A and 842-B to adjust
La Porte extraterritorial jurisdiction within the Bayport Industrial District pursuant to Interlocal
Agreement between the City of La Porte and the City of Pasadena. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
(f) Consider approval or other action regarding an Ordinance authorizing a new Industrial District
Agreement with Lyondell Chemical Company — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Assistant City Attorney read the caption of Ordinance 3452 AN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMETN WITH
LYONDELL CHEMICAL, A DELAWARE CORPORATION FOR THE TERM 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.
Councilmember Zemanek moved to approve Ordinance 3452 authorizing a new Industrial District
Agreement with Lyondell Chemical Company. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Leonard
8. REPORTS
(a) Receive report of Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee.
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November 12, 2012, City Council Meeting Minutes
(b) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken provided a report of the La Porte Development Corporation.
(c) Receive report on utility billing processes, including payment schedules — M. Dolby
Finance Director Michael Dolby provided a report on the utility billing processes, including payment
schedules.
(d) Receive Delinquent Tax Report — Mayor Rigby
Assistant City Manager Traci Leach provided information on the Delinquent Tax Report.
Councilmember Zemanek commented the Delinquent Tax Report was tax year 2012 and
questioned if the individual were paying taxes early and not delinquent. Tax Manager Kathy Powell
responded yes, taxes were paid early. Councilmember Zemanek also questioned if Council could
receive a report of individuals who voluntarily pay taxes and individuals who pay taxes due to the
firm collecting the taxes. Tax Manager Kathy Powell responded she would contact the firm and see
if a report could be provided.
9. ADMINISTRATIVE REPORTS
(a) Building Codes Appeals Board Meeting — Tuesday, November 13, 2012
(b) Planning and Zoning Commission Meeting — Thursday, November 15, 2012
(c) Thanksgiving Holidays — Thursday, November 22, 2012, and Friday, November 23, 2012
(d) City Council Meeting — Monday, December 10, 2012
(e) Christmas Holidays — Monday, December 24, 2012, and Tuesday, December 25, 2012
City Manager Corby Alexander commented the Utility Billing Report was provided to let citizens
know of the options for making payments and assured Council that staff does everything possible to
make it convenient for citizen to pay utility bills in a timely manner. Mr. Alexander also reported
Economic Development Coordinator Stacey Osborne had turned in her resignation and there would
be a Farewell Reception held Thursday, November 15th at 3:00 p.m. in the City Manager's Office
and encouraged everyone to attend and wish Ms. Osborne the best in her future endeavors.
10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of factual
information or existing policies — Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin,
Moser, Kaminski, Zemanek and Mayor Rigby.
Councilmembers Engelken, Zemanek and Kaminski wished everyone a Happy Thanksgiving;
Councilmember Mosteit wished everyone a Happy Thanksgiving and congratulated
Councilmembers Engelken and Martin on their reappointment as representatives to the H-GAC
(Houston -Galveston Area Council) 2013 General Assembly and Board of Directors; Councilmember
Clausen wished everyone a Happy Thanksgiving and reminded everyone of the upcoming La Porte
High School football game; Councilmember Moser thanked Council and the City Manager for
attending the Harvest Banquet; and Mayor Rigby also wished everyone a Happy Thanksgiving and
requested a short email on certified appraisal of dilapidated buildings.
11. 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.
There was no executive session held.
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November 12, 2012, City Council Meeting Minutes
12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
There was no executive session held.
13. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
8:18 p.m.
Respectfully submitted,
r
Patrice Fogarty, Ci Secrets
Passed anoWproved on December 10, 2012.
Mavdr Lo6is R.
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November 12, 2012, City Council Meeting Minutes