HomeMy WebLinkAbout2013-02-25 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
FEBRUARY 25, 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, February 25, 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, Mosteit, Clausen, Kaminski, Martin, Leonard and Moser. Absent:
Councilmember Engelken. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Director of Fairmont Park East Homeowners' Association, Rethna Morvant, and President of Fairmont Park
East Homeowners' Association, Cheryl Westmoreland, addressed Council regarding changing Fleetwood
Drive to Nuteway in honor of former board member Charles Nute for his instrumental work with the City
repairing drainage issues on Fleetwood Drive.
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 February 11, 2013 — P. Fogarty
(b) Consider approval or other action awarding Bid # 13004 for the extension of F216-00-00
west of Sens Road with a contingency of $5,398.00 for a total project amount of
$59,375.00 — J. Garza
(c) Consider approval or other action affirming the La Porte Development Corporation Board's
expenditure of an amount not to exceed $500,000.00 to fund a capital improvement
incentive grant to Intergulf Corporation — T. Leach
Regarding Consent Item 5c, Councilmember Moser questioned if Intergulf will be issued a check for
$500,000.00. Assistant City Manager Traci Leach responded the City will provide an amount equal
to the construction for drainage improvements plus 10% for contingencies. Councilmember Moser
asked if the agreement was written whether the City will be liable for replacing the parking lot in the
event one of the conduits break. Assistant City Manager Traci Leach responded the City would
maintain a drainage and maintenance easement through the drainage way, and she believes the
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February 25, 2013, City Council Meeting Minutes
City will pay for repairs. The agreement is still being developed, and this concern could be
included.
Assistant City Attorney Clark Askins commented the incentive agreement will include a minimum
number of jobs and capital expenditure investment at the facility in order to meet certain milestones,
or the City will be refunded.
Councilmember Moser did not wish to vote on Item 5(c) separately.
Councilmember Clausen moved to approve the Consent Agenda pursuant to recommendations by
staff. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
6. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Continue Public Hearing from November 12, 2012, to receive comments from the public
regarding condemnation of five (5) substandard buildings — D. Wilmore
City Council reopened the public hearing at 6:10 p.m., continuing the public hearing from
November 12, 2012, regarding condemnation of five (5) substandard buildings.
(b) Consider approval or other action regarding an Ordinance authorizing the condemnation of
structure located at 129 N. 10th St. (Hwy 146 North) — D. Wilmore
Building Official Debbie Wilmore presented a summary and recommended Council close the public
hearing on 129 N. 10th St. due to structure being improved.
Councilmember Mosteit moved close the public hearing for the structure located at 129 N. 10th St.
Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
City Council closed the public hearing at 6:28 p.m.
Assistant City Attorney Clark Askins read the caption of Ordinance 3470: AN ORDINANCE
DECLARING THE BUILDING(S) LOCATED AT BLK 2, LT 9 BAY OAKS, HARRIS COUNTY, TEXAS TO BE
IN FACT A NUISANCE: ORDERING SUCH BUILDINGS(S) CONDEMNED; FINDING THAT JESUS & .
BLANCA VILLARREAL ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNERS(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.
(c) Consider approval or other action regarding an Ordinance authorizing the condemnation of
structure located at 402 Bay Oaks Rd. — D. Wilmore
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February 25, 2013, City Council Meeting Minutes
Building Official Debbie Wilmore presented a summary and recommended Council move forward
with condemnation of structure located at 402 Bay Oaks Rd.
Councilmember Zemanek moved to move forward with condemnation of structure located at 402
Bay Oaks Rd. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
(d) Consider approval or other action regarding an Ordinance authorizing the condemnation of
structure located at 3031 S. Broadway (Old Highway 146). — D. Wilmore
Building Official Debbie Wilmore presented a summary and recommended Council move forward
with condemnation of structure located at 3031 S. Broadway (Old Highway 146).
J.B. Williamson, 820 W. Main, addressed Council on behalf of Ms. Rector advising Council that
Manning Engineering had been retained by Ms. Rector for repairs to structure located at 3031 S.
Broadway. Mr. Williamson requested Council allow time for an itemized survey from Manning
Engineering to be presented to staff.
William Manning, Jr., 108 S. 2"d St., addressed Council and advised he had been retained by Ms.
Rector to evaluate the structure located at 3031 S. Broadway (Old Highway 146). Mr. Manning
informed Council there are minor structural deficiencies, no issues on the stability or soundness of
the structure; and repairs can be completed.
Councilmember Zemanek questioned Building Official Debbie Wilmore how long the structural
deficiencies have been a concern to the City. Ms. Wilmore responded that in 2011, Ms. Rector was
provided funding information for repairs by Planning Director Tim Tietjens due to her advising the
City she could not fund the repairs; however, the situation has been in existence before 2011.
Councilmember Martin questioned Mr. Manning on the estimated cost to repair the structure
located at S. Broadway (Old Highway 146). Mr. Manning responded he will not have a cost
estimate until conducting a full evaluation; he added there are no major structural deficiencies.
Building Official Debbie Wilmore commented staff observed issues with stairways; and for the
building to not get beyond repair, work needs to be done soon. The City has not be successful
getting the owner to repair the structure.
Councilmember Mosteit questioned the $168,255.00 improvements listed for the structure. Ms.
Wilmore responded that figure -- $168,255.00 — is the last valuation by Harris County Appraisal
District for the structure.
J.B. Williamson spoke again and advised Council once a detailed survey is obtained from Manning
Engineering, it will be submitted to the Inspections Department. Mr. Manning commented it will
take 30-60 days for a full evaluation and an additional 30 days to review plans with the owner.
Councilmember Zemanek commented he felt the structures at 3031 S. Broadway (Old Highway
146) and 500 W. Main were at a stall for repairs.
Councilmember Martin agreed with Councilmember Zemanek and questioned Mr. Williamson what
assurance he had after 90 days. Mr. Williamson advised Council they would move forward with
condemnation.
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February 25, 2013, City Council Meeting Minutes
Susan Rector, 3121 S. Broadway, addressed Council and advised utilities are paid monthly at 3031
S. Broadway (Old Highway 146).
Councilmember Zemanek moved to continue the public hearing until June 10, 2013, for the
structure located at 3031 S. Broadway (Old Highway 146). Councilmember Moser seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Leonard,
Clausen, Mosteit, and Moser
Nays: Councilmember Martin
Absent: Councilmember Engelken
(e) Consider approval or other action regarding an Ordinance authorizing the condemnation of
structure located at 135 Pine Bluff St. — D. Wilmore
Building Official Debbie Wilmore presented a summary and recommended Council close the public
hearing to allow staff to work with the new owner of structure located at 135 Pine Bluff.
Councilmember Mosteit moved to close the public hearing for the structure located at 135 Pine Bluff
St. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
City Council closed the public hearing at 6:28 p.m.
(f) Consider approval or other action regarding an Ordinance authorizing the condemnation of
structure located at 500 W. Main St. — D. Wilmore
Building Official Debbie Wilmore presented a summary and recommended Council allow owners for
the structure located at 500 W. Main go forward to the Zoning Board of Adjustment for a hearing.
Regarding the condemnation of structure located at 500 W. Main St., Councilmember Kaminski
questioned if the owner previously went before the Zoning Board of Adjustment and then the
request was withdrawn. Ms. Wilmore responded yes there had been a request, but it had been
withdrawn and then recently resubmitted.
J.B. Williamson, 820 W. Main, addressed Council on behalf of Mr. Diaz requesting Council continue
the public hearing for 90 days to allow Mr. Diaz to work with the Zoning Board of Adjustment and
advised Council that on February 14, 2013, an appeal of denial had been filed.
Councilmember Moser moved to continue the public hearing until April 8, 2013, for the structure
located at 500 W. Main St. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
7. RESOLUTIONS
(a) Consider approval or other action regarding a resolution confirming Mariposa at Pecan Park
contributes to the City's revitalization efforts — T. Tietjens
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February 25, 2013, City Council Meeting Minutes
Planning Director Tim Tietjens presented a summary.
Councilmember Zemanek moved to approve a resolution confirming Mariposa at Pecan Park
contributes to the City's revitalization efforts. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
Assistant City Attorney Clark Askins read the caption of Resolution 2013-06: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS DESIGNATING MARIPOSA AT PECAN PARK AS THE
DEVELOPMENT PROPOSAL THAT CONTRIBUTES MOST SIGNIFICANTLY TO THE REVITALIZATION
EFFORTS IN THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b) Consider approval or other action regarding a resolution expressing commitment of City of
La Porte to provide a construction loan for Mariposa Apartment Homes at Pecan Park,
under Texas Department of Housing and Community Affairs (TDHCA) guidelines for
Competitive Housing Tax Credit Program — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Developer Stuart Shaw, of Bonnier Carrington, and Executive Director of Southeast Texas Housing
Finance Corporation, Ron Williams, spoke in regards to the development and 2013 Qualified
Allocation Plan for Mariposa Apartment Homes at Pecan Park.
Councilmember Zemanek moved to approve a resolution expressing commitment of City of La
Porte to provide a construction loan for Mariposa Apartment Homes at Pecan Park, under Texas
Department of Housing and Community Affairs (TDHCA) guidelines for Competitive Housing Tax
Credit Program. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen, Mosteit, and Moser
Nays: None
Absent: Councilmember Engelken
Assistant City Attorney Clark Askins read the caption of Resolution 2013-07: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS EXPRESSING THE CITY OF LA PORTE'S COMMITMENT
TO PROVIDE A CONSTRUCTION LOAN FOR DEVELOPMENT OF THE MARIPOSA APARTMENT
HOMES AT PECAN PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding improvements to Farrington Boulevard — D. Mick
Public Works Director Dave Mick presented a summary regarding improvements to Farrington
Boulevard.
Councilmember Clausen commented although the project was not budgeted, a $3 million road for
utilities is a good deal.
Councilmember Martin questioned if there were any grants to subsidize repair of roads the City
inherited from Harris County. Public Works Director Dave Mick responded there was a trade of
streets between Harris County and the City in need of repairs. Mr. Mick also advised Council the
City has a list of streets to provide to Harris County for the Better Roads and Neighborhoods
Program.
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February 25, 2013, City Council Meeting Minutes
(b) Discussion or other action regarding direction to staff to organize a Special Council Meeting
to conduct a tour of streets within the City of La Porte — C. Alexander
City Manager Corby Alexander presented a summary and requested direction to staff on organizing
a Special Council Meeting to conduct a tour of streets within the City of La Porte, and advised
Council that after the assessment of streets, Council would provide direction to staff in regards to
beginning point for street repairs.
Council directed staff to provide a list and map with specific target areas, and they would conduct
street assessments at their leisure.
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
• Fiscal Affairs Committee Meeting, Monday, March 11, 2013
• City Council Meeting, Monday, March 11, 2013
• City Council Meeting, Monday, March 25, 2013
City Manager Corby Alexander provided Administrative Reports in addition to informing Council that
Economic Development Coordinator Scott Livingston joined City staff and hit the ground running.
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 Moser, Kaminski, Zemanek, Leonard, Engelken,
Mosteit, Clausen, Martin and Mayor Rigby.
Councilmember Moser commented on the great program in honor of Gene Washington by the
La Porte Civic Club, and he expressed thanks to Councilmembers, City Manager Corby Alexander
and Chief of Police Ken Adcox for attending the event; Councilmember Kaminski commented the
event honoring Gene Washington was great, and she attended a Habitat Home Dedication as well;
Councilmember Mosteit praised the La Porte Civic Club for the program honoring Gene
Washington; Councilmember Martin commented the La Porte Civic Club should be commended for
the moving program honoring Gene Washington; thanked Public Works Director Dave Mick for
attending the Shady River Homeowners' Association Meeting to discuss issues concerning street
repairs, access in and out of the subdivision; and thanked Planning Director Tim Tietjens for the
leadership shown during the Planning Audit; Mayor Rigby commented the program honoring Gene
Washington was a great event and praised the La Porte Civic Club for organizing the program; he
also thanked Senior Engineer Julian Garza for providing an overview at the Baytran Luncheon and
requested Mr. Garza provide Councilmembers with a copy of the overview.
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 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Patrice Fogarty, City Secretary
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February 25, 2013, City Council Meeting Minutes
Texas Government Code, Section 651.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Corby Alexander, City Manager.
City Council with the exception of Councilmember Moser recessed the regular meeting to convene
an executive session at 7:26 p.m. to discuss the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee: Patrice Fogarty, City
Secretary and to discuss the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager.
13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:33 p.m.
Councilmember Leonard moved to give City Secretary Patrice Fogarty a 4 percent salary increase
retroactive to February 21. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Zemanek, Kaminski,
Leonard, Clausen and Mosteit
Nays: None
Absent: Councilmembers Engelken and Moser
Council received information from City Manager Corby Alexander regarding his duties. No action
was taken.
14. ADJOURN
There being no further business, Councilmember Mosteit moved to adjourn the meeting at 8:34
42 P.M. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY.
IW-1-1,4 r
Patrice Fogarty, City e retary
Passed anoppro pd on March 11, 2013.
r Loris R. Ricjby
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February 25, 2013, City Council Meeting Minutes