HomeMy WebLinkAbout2013-04-08 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
APRIL 8, 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, April 8, 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, Kaminski, Mosteit, Clausen, Leonard, Martin and Moser.
Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant
City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Dee Spears, Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation — "Red Suspenders Shrimp Boil Week" — Mayor Rigby
Mayor Rigby presented a proclamation for "Red Suspenders Shrimp Boil Week." Jay
Dunham gave a short speech.
(b) Recognition — Retirement of Debbie Wilmore (Chief Building Official) — Mayor Rigby
Mayor Rigby recognized the upcoming retirement of Chief Building Official Debbie Wilmore.
This item was taken out of order and presented first.
The meeting recessed at 6:10 p.m. for the sale of tickets by the Red Suspenders and reconvened
at 6:16 p.m.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Charlie Perry, 127 N. 4th Street, addressed Council and read a "Thank You" memo from Gene
Washington to Councilmember Moser for his support during the Annual Black History Celebration in
February 2013. Mr. Perry presented Mayor Rigby with a commemorative book on the 50th
Anniversary of the Vikings and a football from Gene and Claudia Washington.
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 March 25, 2013 — P. Fogarty
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(b) Consider approval or other action regarding ordinances authorizing the City Manager to
execute an Industrial District Agreement with North Bayport Industrial Park, Ltd. for
property located at 10050 New Decade Drive in the Bayport Industrial District and
executing a Water Service Agreement and a Sanitary Sewer Service Agreement with North
Bayport Industrial Park II, Ltd. for property located at 10050 New Decade Drive, in the
Bayport Industrial District — T. Tietjens
Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3473:
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL
DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK II, LTD., A TEXAS 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.
Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3474:
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND SANITARY
SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH BAYPORT
INDUSTRIAL PARK II, LTD. (10050 NEW DECADE DRIVE), MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW,
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Clausen moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Continue Public Hearing from February 25, 2013, to receive comments from the public
regarding condemnation of one (1) substandard building located at 500 W. Main St. — D.
Wilmore
City Council reopened the public hearing at 6:18 p.m. to receive comments from the public
regarding condemnation of one (1) substandard building located at 500 W. Main St.
Building Official Debbie Wilmore presented a summary and informed Council the Zoning Board of
Adjustment approved a building permit to repair the structure provided the owner does not exceed
$71,935.00, which is 50 percent of the replacement cost of the structure.
Councilmember Martin questioned who determines the 50 percent of the replacement cost of the
structure. Building Official Wilmore responded the Zoning Board of Adjustment.
Councilmember Leonard questioned if the owner repaired the building at the cost of $71,935.00
and removed the rear section of the building, and then decided to add on at a later date, could it be
done. Ms. Wilmore responded the owner would need permission from the Zoning Board of
Adjustment.
J.B. Williamson, 820 W. Main, addressed Council and requested 90 days for a review or 180 days
for substantial compliance.
Bill Manning of Manning Engineering, 108 S. 2"d, addressed Council and advised the building can
be brought up to code for less than 50 percent of the replacement value.
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April 8, 2013, City Council Meeting Minutes
Building Official Debbie Wilmore advised Council the Zoning Board of Adjustment ruled the owner
is eligible to apply for a permit and agreed the owner remove the back building; remove the rear
addition as needed to ensure 50 percent of the replacement cost or less.
Mayor Rigby questioned Council if they would continue the public hearing to allow additional time.
Councilmember Moser commented he would like to see the 90 days granted.
Councilmember Leonard questioned if plans will be ready in 90 days. J.B. Williamson responded
no, he anticipates in 90 days to get the plans submitted to the City, along with working drawings
and to obtain a permit.
Councilmember Clausen commented Council can grant the first 90 days for the drawings and
permit and then an additional 90 days can be granted for time to get a loan, and Council will remain
consistent with past practice.
Councilmember Moser moved to continue the public hearing to July 22, 2013, for one (1)
substandard building located at 500 W. Main St. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
(c) Public Hearing to receive comments regarding recommendations of the Planning and
Zoning Commission for proposed regulations pertaining to dust free surface criteria for all
zoning districts — J. Garza
City Council opened the public hearing at 6:37 p.m. to receive comments regarding
recommendations of the Planning and Zoning Commission for proposed regulations pertaining to
dust free surface criteria for all zoning districts.
Senior Engineer Julian Garza presented a summary and reviewed changes on the proposed
ordinance.
Councilmember Zemanek asked if the City does geotechnical reports when doing street repairs.
Assistant Public Works Director Don Pennell responded the City randomly tests streets that are
being rehabilitated or replaced; and if a complete replacement is done, a complete geoanalysis is
done before the street is replaced.
Councilmember Martin question if the codes apply to redevelopment if there is a new owner of a
building. Senior Engineer Julian Garza responded only if it is a completely different use and the
building is torn down and rebuilt with different layouts.
Councilmember Moser questioned if a building was not being remolded but the building use
changes, will the codes apply to redevelopment. Mr. Garza responded no.
Councilmember Zemanek questioned if a pre-existing non -conforming piece of property was owned
with a tenant leasing the property and then vacated and leased to another, the dust standards do
not have to be met. Mr. Garza responded that is correct.
Councilmember Mosteit left the table at 7:01 p.m. and returned at 7:04 p.m.
Councilmember Martin questioned if the Planning and Zoning Commission clarified pre-existing,
non -conforming development will be exempt from the standards unless the property is redeveloped,
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April 8, 2013, City Council Meeting Minutes
how does this impact the City's ability to enforce existing codes where there is an issue. Planning
Director Tim Tietjens clarified the City has a pre-existing code enforcement case on a particular
property and the property is not resolved and the case is on -going.
Councilmember Leonard questioned for clarification, a currently conforming business owner leases
a business to a tenant parking heavy equipment in the parking lot not designed for the weight does
not have to bring the parking lot up to a standard that does not cause deterioration to the surface.
Mr. Garza responded that is the way the ordinance is written, and he has made note of
Councilmember Zemanek's recommendation to modify the ordinance and add language that would
require meeting minimum design standard when there is a zone permit change.
Councilmember Martin questioned if the minimum five -inch concrete pavement regarding mobile
home zones includes the pad under the trailer. Mr. Garza responded the mobile home area does
not apply to existing mobile home parks.
Mayor Rigby questioned if there was recourse if a company builds a concrete parking lot for dump
trucks and exceeds the six inches required, but over a period of time with the traveling of the
dump trucks the dust become worse. Mr. Garza responded not in this ordinance, but it is in other
ordinances.
Councilmember Zemanek questioned how many pieces of property is the City having dust control
driveway issues with other than the exception of the property on 17th Street. Mr. Garza responded
none to his knowledge. Councilmember Zemanek commented a lot of time has been exhausted
over an ordinance when there isn't a problem.
Phillip Hoot, 927 Seabreeze, addressed Council as a member of the Planning and Zoning
Commission, and spoke in support and provided input to the proposed ordinance as written.
Bill Manning, 108 S. 2"d, advised Council to be cautious regarding a change in tenant or owner and
bringing a drive -way up to standard. It can imply boring a parking lot that is in perfect condition.
City Council closed the public hearing at 7:15 p.m
(d) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning"
of the Code of Ordinances of the City of La Porte by amending dust free surface
regulations and establishing standards for paving surfaces — J. Garza
Councilmember Kaminski moved to remand back to the Planning and Zoning Commission for
further consideration. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
8. AUTHORIZATIONS
(a) Consider approval or other action regarding city council meeting dates for the month of
May 2013 as recommended by staff — C. Alexander/P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Leonard moved to cancel the May 27, 2013, Council meeting due to the Memorial
Day holiday, and schedule a Special Council meeting, if necessary. Councilmember Moser
seconded. MOTION PASSED.
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April 8, 2013, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
(b) Consider approval or other action awarding Bid #13015 for Lomax Park Improvements —
S. Barr
Parks and Recreation Director Stephen Barr presented a summary and recommended awarding
Bid #13015 to Follis Construction, Inc.
Councilmember Mosteit moved to accept bid recommendation from staff for Lomax Park
Improvements. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
(c) Consider approval or other action regarding the Chapter 172 Employee, Retiree Insurance
& Benefit Board's recommendation to reject all proposals for professional consultant
services for the City's Health and Welfare Plans — K. Anderson
City Manager Corby Alexander presented a summary and recommended rejecting all proposals for
professional consultant services for the City's Health and Welfare Plans and renew with McGriff,
Siebels and Williams.
Councilmember Engelken moved to approve staff recommendation to reject all proposals for
professional consultant services for the City's Health and Welfare Plans and renew with McGriff,
Siebels and Williams. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding presentation by Bay Area Houston Convention and
Visitor's Bureau, Bay Area Houston Economic Partnership, and Economic Alliance Houston
Port Region — S. Livingston
Economic Development Coordinator Scott Livingston presented a summary.
Michelle Quist, Director of Marketing and Communications for Bay Area Houston Convention and
Visitor's Bureau, provided a mid -year work progress and partnership report with the City of
La Porte.
Councilmember Zemanek questioned if Bay Area Houston Convention and Visitor's Bureau
sponsored events with the La Porte Bayshore Chamber of Commerce. Ms. Quist responded she
cannot think of one that they have, but will be open to doing so. Councilmember Zemanek
questioned how will Bay Area Houston Convention and Visitor's Bureau be working with the
La Porte Bayshore Chamber of Commerce in promoting Sylvan Beach Day this year. Ms. Quist
responded the La Porte Bayshore Chamber of Commerce has not been approached yet, press
releases have been sent out, listings are on state calendars, and there will be a booth at the San
Jacinto Day Festival. Ms. Quist advised Councilmember Zemanek the La Porte Bayshore Chamber
of Commerce will be contacted to inquire where else support is needed. Councilmember Zemanek
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April 8, 2013, City Council Meeting Minutes
questioned if La Porte Council received the press releases sent out by Bay Area Houston
Convention and Visitor's Bureau. Ms. Quist responded yes.
Councilmember Kaminski questioned how information is obtained for the public if the
La Porte Bayshore Chamber of Commerce has not been contacted. Ms. Quist responded the
information is found on the internet.
Bob Mitchell, President of the Bay Area Houston Economic Partnership, provided a mid -year work
progress and partnership report with the City of La Porte.
Councilmember Leonard questioned Mr. Mitchell if he has attended the Workforce Development
Program Luncheon held at La Porte High School for area businesses. Mr. Mitchell responded he
has not attended but the Bay Area Houston Economic Partnership did assist the Economic
Development Coordinator with issues at La Porte High School, as well as assisting other schools in
the area.
Chad Burke, President and CEO of the Economic Alliance Houston Port Region, provided a
mid -year work progress and partnership report with the City of La Porte.
Councilmember Mosteit questioned if the "epic art on one of the tanks was damaged by natural
causes. Mr. Burke responded the damage to the mural is being investigated. He added there is a
five-year warranty with the company, and it will be repaired soon.
(b) Discussion or other action regarding Outdoor Warning Sirens — Mayor Rigby
Emergency Management Coordinator Jeff Suggs presented a summary.
Mayor Rigby commented the Outdoor Warning Sirens item was placed on the agenda for a policy
decision by Council in regards to how various emergency warning systems are to be utilized.
Councilmember Engelken questioned if the sirens have the ability to be voice activated.
Emergency Management Coordinator Jeff Suggs responded yes; but in the past, when the voice
feature was activated, Dispatch would be inundated with calls because citizens did not understand
the message.
Councilmember Martin questioned the estimated cost for visual warning lights per tower. Mr.
Suggs responded approximately $25,000.00 for the entire city, but some of the sirens are not in a
good location for visual alerts.
Councilmember Zemanek commented he would like to continue with the sirens as currently being
used.
Council directed staff to continue with sirens as currently being used.
(c) Discussion or other action regarding an Ordinance amending City smoking regulations — D.
Wilmore
Building Official Debbie Wilmore and Fire Marshal Cliff Meekins presented a summary.
Councilmember Leonard moved to approve Ordinance 2013-3475 amending smoking regulations.
Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3475: AN ORDINANCE
AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE CITY OF
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LA PORTE, BY AMENDING ARTICLE II "AIR POLLUTION," DIVISION 2. "SMOKING," RELATING TO THE
PROHIBITION OF SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE CITY LIMITS; PROVIDING A
REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(c) Discussion or other action regarding the Strategic Plan for the City of La Porte — C.
Alexander
City Manager Corby Alexander presented a summary.
Council informed staff goals and objectives presented were acceptable. City Manager Alexander
stated a survey will be sent to council to rate goals on a priority basis.
10. REPORTS
(a) Receive Dependent Verification Audit Report — K. Anderson
Assistant City Manager Traci Leach presented a summary.
No action was taken; item for information only.
11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• Council Budget Retreat, Saturday, April 13, 2013
• La Porte Development Corporation Board Meeting, Monday, April 22, 2013
• City Council Meeting, Monday, April 22, 2013
There were no additional reports.
12. 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, Engelken, Mosteit, Clausen, Martin, Moser,
Kaminski, Zemanek, Leonard and Mayor Rigby.
Councilmembers congratulated Building Official Debbie Wilmore on her upcoming retirement and
commented the presentations presented were well done. In addition, Councilmember Mosteit
thanked the Red Suspenders for their work in the community and reminded Council and staff of the
upcoming Live Stock Show and Auction; Councilmember Martin commented the Trash Bash was
an outstanding community project and commended everyone involved; Councilmember Kaminski
commented the Red Suspenders Shrimp Boil is a great community event and thanked Jeff Martin
and Chief Adcox for the support during the Trash Bash; Councilmember Zemanek welcomed
Finance Director Michael Dolby back to work; Councilmember Leonard informed everyone about
Go Career Technology Education students from La Porte High School and the awards won in
Corpus Christi; and Mayor Rigby thanked the Red Suspenders, welcomed Finance Director Michael
Dolby back to work, informed a FEMA report regarding flood map changes is available for review in
the City Secretary's Office, commented the Trash Bash is a wonderful event for the city and wished
Building Official Debbie Wilmore the best in her retirement.
13. 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.
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Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease
or value of real property: Discussion regarding possible land acquisition in area bounded by State
Highway 146, Broadway, Barbours Cut and Main Street.
City Council recessed the regular meeting to convene an executive session at 8:48 p.m. to discuss
possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main
Street.
14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 9:53 p.m.
Councilmember Zemanek moved to table the negotiations between the City of La Porte and
La Porte Independent School District for Block 103 until after the La Porte Community Civic Club
meets. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Moser,
Zemanek, Kaminski, Leonard, Clausen and Mosteit
Nays: None
Absent: None
15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at 9:54
p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY.
Patrice Fogarty, City cretar
Passed an a on April 22, 2013.
May r !I`
is R. Ri b
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April 8, 2013, City Council Meeting Minutes