HomeMy WebLinkAbout2013-01-14 Regular Meeting of La Porte City Council minutesLOUIS 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
JANUARY 14, 2013
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, January 14, 2013, 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, Leonard, Clausen and Moser.
Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant
City Attorney Clark Askins.
2. INVOCATION - The invocation will be given by Father Gary Rickles, St. Mary's Catholic Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Mosteit.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Presentation — "Citizen's Life Saving Award" — Gina McGee and Public Safety Personnel -
Mayor Rigby
Mayor Rigby presented the "Citizen's Life Saving Award" and honored Ms. Gina McGee and Public
Safety Personnel. Ms. McGee and Mr. Lopez made brief remarks.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Julian Trujillo, 330 Bayside Dr. # 31 — Mr. Trujillo addressed Council regarding unsanitary living
conditions at Wind Sail Apartments due to lack of attention from the landlord of the property.
Joseph Toller and Casey Zinker, 330 Bayside Dr. #20 — Ms. Zinker addressed Council regarding
unsanitary living conditions at Wind Sail Apartments and provided a letter and photos to Council.
Paul and Rebecca Bowers, 330 Bayside Dr. # 22 — Ms. Bowers addressed Council regarding
unsanitary living conditions at Wind Sail Apartments and provided a letter to Council.
Rene Lara, 10314 Shell Rock Road — Mr. Lara addressed Council regarding agenda item 7d, and
in opposition to any legislation increasing the maximum transport truck haul weights on roadways
within the City of La Porte, including a Heavy Haul Corridor.
Greg Oros, 502 N. Broadway — Mr. Oros addressed Council on in favor of a Heavy Haul Corridor
and on behalf of Jim Henderson and Barrett Larkey. Mr. Oros encouraged all parties to sit down
and consider all issues for a resolution.
Steve Stewart, Chair of Gulf Winds International, 8207 Matthews Crest Ct., Humble, Texas —
Mr. Stewart addressed Council regarding agenda Item 7d, opposing any legislation increasing the
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maximum transport truck haul weights on roadways within the City of La Porte, including a heavy
haul corridor. Mr. Stewart commented the Port of Houston is doing a fine job handling heavy truck
transports; Texas Department of Transportation and the Department of Public Safety continue to
oppose any legislation that may increase transport truck haul weights; and County Commissioner
Jack Morman is on record opposing any increase to weight limits in his jurisdiction due to safety
concerns and the budget deficit the County is experiencing. Mr. Stewart reiterated he is in
opposition of any legislation increasing the maximum transport truck haul weights on roadways in
the City of La Porte, including a heavy haul corridor.
Chuck Rosa, 812 S. Virginia — Mr. Rosa addressed Council with compliments to the La Porte Fire
Department for a fire battled near his residence.
Phillip Hoot, 927 Seabreeze — Mr. Hoot addressed Council regarding City Staff/City
Administration with the question of "whose staff are they?" regarding the organization of staff.
Amanda Briley 3011 Falk Ct., — Ms. Briley addressed Council regarding the unsanitary living
conditions at Wind Sail Apartments; the lack of attention from the landlord of the property; and her
experiences living at the complex as a past tenant.
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 December 10, 2012 — P. Fogarty
(b) Consider approval or other action regarding an ordinance authorizing the Mayor to
execute an Interlocal Agreement with Harris County, Texas for furnishing, installing and
maintenance of traffic signal preemption equipment — R. Nolen
(c) Consider approval or other action regarding an Ordinance authorizing the Mayor to execute
an Interlocal Agreement with the State of Texas acting through the Texas Department of
Transportation for furnishing, installing and maintenance of traffic signal preemption
equipment — R. Nolen
(d) Consider approval or other action awarding Bid # 13007 for two excavators— D. Mick
(e) Consider approval or other action authorizing the City Manager to execute a purchase
agreement for the purchase of one TYMCO Model 600 Regenerative Air Sweeper — D.
Mick
(f) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the alley in Block 436, Town of La Porte and authorizing the execution and delivery
of a deed to the adjoining landowner — T. Tietjens
(g) Consider approval or other action regarding a Resolution adopting Local Fair Housing
Policies and Practices — T. Tietjens
(h) Consider approval or other action regarding a Resolution adopting a Fair Housing
Complaint Procedure — T. Tietjens
(i) Consider approval or other action regarding a Change Order to the contractor Purchase
Order for Lifeguarding Services — S. Barr
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Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 3457: AN
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE
AND HARRIS COUNTY, FOR FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL
PREEMPTION EQUIPMENT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Regarding Consent Item 6c, Assistant City Attorney Clark Askins read the caption of Ordinance 3458: AN
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Regarding Consent Item 6f, Assistant City Attorney Clark Askins read the caption of Ordinance 3459: AN
ORDINANCE VACATING, ABANDOING AND CLOSING THE ALLEY IN BLOCK 436, 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 6g, Assistant City Attorney Clark Askins read the caption of Resolution 2013-01: A
RESOLUTION ADOPTING LOCAL FAIR HOUSING POLICIES AND PRACTICES TO COMPLY WITH THE
CITY OF LA PORTE'S PREVIOUSLY APPROVED FAIR HOUSING ACTION PLAN.
Regarding Consent Item 6h, Assistant City Attorney Clark Askins read the caption of Resolution 2013-02: A
RESOLUTION ADOPTING PROCEDURES RELATED TO THE RECORDING AND REPORTING OF FAIR
HOUSING COMPLAINTS IN ACCORDANCE WITH THE ADOPTED FAIR HOUSING ACTIVITY PLAN.
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
staff. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek,
Kaminski, Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: None
7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a) Consider approval or other action authorizing the City Manager to execute an agreement
with Contract Land Staff for Professional Right -of -Way Acquisition Services in the amount
of $68,688.00 — J. Garza
Senior Engineer Julian Garza presented a summary.
Councilmember Moser moved to authorize the City Manager to execute an agreement with
Contract Land Staff for Professional Right -of -Way Acquisition Services in the amount of
$68,688.00. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Mosteit, Martin and Moser
Nays: None
Absent: None
(b) Consider approval or other action regarding an Ordinance appointing members to the
Board of Directors of the La Porte Fire Control, Prevention, and Emergency Medical
Services District — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
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Assistant City Attorney Clark Askins read the caption of Ordinance 3460: AN ORDINANCE APPOINTING
MEMBERS TO SERVE AS DIRECTORS OF THE LA PORTE FIRE CONTROL, PREVENTION, AND
EMERGENCY MEDICAL SERVICES DISTRICT FOR A TWO-YEAR TERM EXPIRING SEPTEMBER 1,
2014; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Councilmember Leonard moved to approve Ordinance 3460 reappointing Directors Danny
Campise, Thomas Dye III, and Johnny Jones to the La Porte Fire Control, Prevention, and
Emergency Medical Services District. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Mosteit, Martin and Moser
Nays: None
Absent: None
(c) Consider approval or other action regarding an Ordinance adopting revisions to the City of
La Porte Employee Policies Handbook to clarify and update Section 8.06, relating to
Retiree Medical Benefits — K. Anderson
Human Resource Manager Katherine Anderson presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3461: AN ORDINANCE ADOPTING
AMENDMENTS TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK; PROVIDING AN
EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve Ordinance 3461 adopting revisions to the City of
La Porte Employee Policies Handbook to clarify and update Section 8.06 relating to Retiree Medical
Benefits. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Mosteit, Martin and Moser
Nays: None
Absent: None
(d) Consider approval or other action regarding a Resolution supporting the current
appointment process of Port of Houston Authority Commissioners — Mayor Rigby
Mayor Rigby presented a summary.
Assistant City Attorney read the caption of Resolution 2013-03 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, SUPPORTING THE CURRENT APPOINTMENT PROCESS OF
COMMISSIONERS TO THE PORT OF HOUSTON AUTHORITY.
Councilmember Leonard moved to adopt Resolution 2013-03 supporting the current appointment
process of Port of Houston Authority Commissioners. Councilmember Zemanek seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Mosteit and Martin
Nays: Councilmember Moser
Absent: None
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January 14, 2013, City Council Meeting Minutes
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the construction of Sens Road — C. Alexander
City Manager Corby Alexander provided a report on the proposed improvements on Sens Road
that were to include four lanes with a raised divided median and enclosed storm sewer as
discussed during the October 22, 2012, City Council Meeting. Mr. Alexander informed Council the
County would like to solicit another option to the City for improvements on Sens Road. The option
would be to construct the roadway improvements and traffic signals as initially designed, to include
4 lanes (of concrete), concrete curbs, and a raised divided median, eliminating the enclosed storm
sewer from the project and leaving open bar ditches along each side of the road.
Councilmember Mosteit commented he had met with the County Engineer of Precinct 2 and was
assured the open ditches that were being proposed would have the same or increased capacity of
drainage as the storm sewer. Councilmember Mosteit also informed he was told, depending on the
bidding process, a third traffic signal would be considered at P Street. Councilmember Mosteit also
commented drainage and traffic flow is his main concern.
Councilmember Moser commented he does not want to rush the project and would like to see the
plan proposed by the County.
Councilmember Leonard commented he agrees with Councilmember Moser and would like to see
the plan proposed by the County due to his concerns of safety.
Mayor Rigby asked Council if there is any objection to having the County in attendance of the
January 28, 2013, council meeting to answer questions and concerns of Council. Hearing no
objections, City Manager Corby Alexander commented he would make contact with the County
Commissioner's Office to be in attendance during the January 28, 2013, council meeting.
(b) Discussion or other action regarding a Resolution opposing any legislation increasing the
maximum transport truck haul weights on roadways within the City of La Porte, including a
Heavy Haul Corridor — Councilmembers Zemanek, Moser and Kaminski
Before agenda Item 8b was presented, Mayor Rigby commented he had placed resolutions on the
agenda, one opposing and one supporting a Heavy Haul Corridor, not because he is in support of
the Heavy Haul Corridor, but to bring it before Council the way it was brought before council in
2011. Mayor Rigby also commented when he hears from a citizen that other citizens are
commenting what he did was illegal or unethical, he will challenge any La Porte councilmember or
citizen and drive them to the Texas Ethics Commission or District Attorney's Office to discuss the
situation. Mayor Rigby informed he did not do anything illegal or unethical, and there is an
ordinance giving him the authority to place items on the agenda.
Councilmember Zemanek then spoke regarding presentation of a resolution opposing any
legislation increasing the maximum transport truck haul weights on roadways within the City of
La Porte, including a heavy haul corridor for discussion. Councilmember Zemanek advised Council
the legislative session would be starting soon, and he and Councilmembers Moser and Kaminski
feel it is best for the City to renew the resolution opposing a heavy haul corridor that was passed
two years prior.
Councilmember Clausen commented he is in favor of the resolution opposing a heavy haul corridor.
Councilmember Leonard commented he had approximately 30 years of experience in the
transportation industry, and he had done a lot of research in the past two weeks and spoke with
other professionals. Councilmember Leonard informed there would be a 25 percent increase in
weight carried on the trucks, and the individuals wanting a heavy haul corridor do not live in the
community. Councilmember Leonard also commented there are many people in the local storage
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January 14, 2013, City Council Meeting Minutes
industry currently driving trucks illegally, and he would not give them the opportunity to add
additional weight and put families in more danger.
Councilmember Zemanek moved to adopt a Resolution opposing any legislation increasing the
maximum transport truck haul weights on roadways within the City of La Porte, including a heavy
haul corridor. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Leonard, Moser, Mosteit and Martin
Nays: None
Absent: None
9. REPORTS
(a) Receive Delinquent Tax Report — Mayor Rigby
No action was taken; item for information only.
10. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Development Corporation Board Meeting, Monday, January 21, 2013
• City Council Meeting, Monday, January 28, 2013
City Manager Corby Alexander provided Administrative Reports and informed Council
Cardiopulmonary Resuscitation (CPR) and First Aid training classes for city employees will begin
on January 29, 2013; a petition addressing road/drainage conditions in the Pine Bluff neighborhood
had been received last week from residents and added the Public Works Director had conducted
preliminary work and a report would be provided after the meeting, in addition to copies being
sent electronically. Mr. Alexander also commented there were some legitimate complaints, and he
would hope to look at improvements in the neighborhood along with overall road projects.
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 Mosteit, Clausen, Martin, Moser, Kaminski,
Zemanek, Leonard, Engelken, and Mayor Rigby.
Councilmember Mosteit welcomed everyone back after the holidays and wished for a good and
productive 2013 and congratulated Ms. McGee on her life saving skills; Councilmember Clausen
wished everyone a Happy New Year, congratulated Ms. McGee on the award she received and that
he was happy to see Cardiopulmonary Resuscitation (CPR) and First Aid training classes for City
employees; Councilmember Martin congratulated Ms. McGee and staff and directed City Manager
Corby Alexander to look into the complaints of the residents at the Wind Sail Apartments;
Councilmember Moser complimented Ms. McGee, the Fire Department and EMS for the fire battled
on Broadway and advised of compliments for the traffic signal on Main Street, in addition to
thanking Council and staff for their support; Councilmember Kaminski wished everyone a Happy
New Year, thanked Ms. McGee, Fire and EMS, complimented on the recently issued City calendars
and the traffic light on Main Street; Councilmember Zemanek congratulated Councilmember Martin
on the birth of his new grandchild, and echoed previous compliments of Council; Councilmember
Leonard also congratulated Ms. McGee and wished everyone a Happy New Year; Councilmember
Engelken complimented Ms. McGee and suggested City Manager Corby Alexander have staff or a
possible Council Sub Committee review bills that are filed in this legislative session which may have
an effect on the city; Mayor Rigby repeated accolades to Ms. McGee and staff.
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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.
Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or
value of real property: Discussion regarding former Parks and Wildlife Building and adjoining lots.
Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or
value of real property: Discussion regarding sale of Block 1439, Town of La Porte.
City Council recessed the regular meeting to convene an executive session at 7:17 p.m. to discuss
former Parks and Wildlife Building and adjoining lots; and the sale of Block 1439, Town of La Porte.
13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 7:40 p.m. Council directed City Manager Corby Alexander
regarding former Parks and Wildlife Building and adjoining lots to consult with Main Properties to
determine if there are any interested parties for purchase of the property and directed Assistant City
Manager Traci Leach regarding sale of Block 1439, Town of La Porte to engage the current owner
to determine sale price.
14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
7:41 p.m. Councilmember Mosteit seconded. MOTION PASSED UNANIMOUSLY.
Respectfully submitted,
Passed 04 approved on January 28, 2013.
Maior Lduis R. Ri
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