HomeMy WebLinkAbout2013-04-22 Regular Meeting of La Porte City Council minutesLOUIS RIGBY OP N DARYL LEONARD
Mayor O Councilmember District
JOHN ZEMANEK A TOMMY MOSER
Mayor Pro Term O rn Councilmember District4
Councllmember At Large A JAY MARTIN
DOTTIE KAMINSKI Councilmember District 5
Councilmember At large B MIKE CLAUSEN
MIKE MOSTEIT
Councilmember District 1 Gcuncllmember District 8
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
APRIL 22, 2013
The City Council of the City of La Porte met in a regular meeting on Monday, April 22, 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 6:02 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 Windell Gill, First Baptist La Porte.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Mosteit.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Recognition — Retirement of Lee Allen (Superintendent of Equipment Services and Solid
Waste) — Mayor Rigby
Mayor Rigby recognized the retirement of Lee Allen.
(b) Recognition — Retirement of Rodney Cox (Street Maintenance Supervisor) — Mayor Rigby
Mayor Rigby recognized the retirement of Rodney Cox.
(c) Recognition — Retirement of Leonard "Nick" Nichols (Utilities Supervisor) — Mayor Rigby
Mayor Rigby recognized the retirement of Leonard "Nick" Nichols.
(d) Recognition —Appreciation for Freddie Doughty (Warehouse Coordinator) — Mayor Rigby
Mayor Rigby recognized Freddie Doughty for his work as Warehouse Coordinator and his
family accepted the appreciation.
Public Works Director Dave Mick spoke kind words about all of the former employees who
were recognized.
(a) Proclamation — "Motorcycle Safety & Awareness Month" — Mayor Rigby
Mayor Rigby presented a proclamation for "Motorcycle Safety & Awareness Month."
(f) Proclamation — "National Public Safety -Telecommunications Week" — Mayor Rigby
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April 22, 2013, City Council Meeting Minutes
Mayor Rigby presented a proclamation for "National Public Safety -Telecommunications
Week."
(g) Proclamation — "Fair Housing Month in the City of La Porte" — Mayor Rigby
Mayor Rigby presented a proclamation for "Fair Housing Month in the City of La Porte."
PUBLIC COMMENTS (Limited to five minutes per person.)
Nettie Warren - 212 N. P, addressed Council regarding the easement and alleyway located at "E" Street.
Ms. Warren expressed the desire to have the alleyway open to the public for the Bike Trail and commented
the La Porte Independent School District is not following procedures by fencing the property off from the
public.
Rhonda Lunsford - 10280 N. H Street, addressed Council with appreciation for funding and moving forward
with improvements to Lomax Arena.
Michelle Quist - 913 N. Meyer Rd., Seabrook, addressed Council informing of the Bay Area Houston
Convention and Visitor's Bureau's advertisement efforts for Sylvan Beach Day Festival and other events.
Rebecca Thompson - 913 N. Meyer Rd., Seabrook, addressed Council and informed of her responsibilities as
Sales and Services Director at Bay Area Houston Convention and Visitor's Bureau and what a pleasure it is
to promote resources in the Bay Area.
Doug Briggs - 900 Parkway St. # 302, La Porte, addressed Council and informed he promotes the city as a
resident of La Porte and an employee of the Bay Area Houston Convention and Visitor's Bureau.
Pat Summers - 913 N. Meyer Rd., Seabrook, addressed Council assuring the Bay Area Houston Convention
and Visitors Bureau does work to advertise and promote the City of La Porte.
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 April 8, 2013 — P. Fogarty
(b) Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2012-2013 Budget — M. Dolby
Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3476:
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF
SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Leonard moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
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April 22, 2013, City Council Meeting Minutes
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation of the Planning and Zoning
Commission to approve Special Conditional Use Permit # 13-91000001 for a 5.00 acre tract
along South 16' Street at McCabe Road — T. Tietjens
City Council opened the public hearing at 6:48 p.m. to receive comments regarding
recommendations of the Planning and Zoning Commission to approve Special Conditional Use
Permit # 13-91000001 for a 5.00-acre tract along South 16" Street at McCabe Road.
Planning Director Tim Tietjens presented a summary.
There were no public comments.
City Council closed the public hearing at 6:50 p.m.
(b) Consider approval or other action regarding an Ordinance amending Chapter 106 "Zoning'
of the Code of Ordinances of the City of La Porte by granting Special Conditional Use
Permit # 13-91000001 for the purpose of developing office/warehouse facility at the
southwest corner of South 16" Street and McCabe Road, in a Planned Unit Development
(PUD) Zone —T. Tietjens
Councilmember Mosteit moved to amend Chapter 106"Zoning" of the Code of Ordinances of the
City of La Porte by granting Special Conditional Use Permit # 13-91000001 for the purpose of
developing an office/warehouse facility at the southwest corner of South 16" Street and McCabe
Road, in a Planned Unit Development (PUD) Zone. Councilmember Martin 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 2013-3477: AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 13-91000001 FOR THAT CERTAIN PARCEL OF LAND
HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING OFFICENVAREHOUSE FACILITY AT THE
SOUTHWEST CORNER OF SOUTH 16TH STREET AND MCCABE ROAD, IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
(c) Public Hearing to receive comments regarding recommendation of the Planning and Zoning
Commission to approve Special Conditional Use Permit # 13-91000002 for a proposed
development of St. Mark United Methodist Church at 120 N. 7"' Street — T. Tietjens
City Council opened the public hearing at 6:53 p.m. to receive comments regarding
recommendations of the Planning and Zoning Commission to approve Special Conditional Use
Permit # 13-91000002 for a proposed development of St. Mark United Methodist Church at 120 N.
71° Street.
Planning Director Tim Tietjens presented a summary
There were no public comments.
City Council closed the public hearing at 6:57 p.m.
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April 22, 2013, City Council Meeting Minutes
(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 granting Special Conditional Use
Permit # 13-91000002 for the purpose of developing a church facility along N. 7" Street, in
Main Street District (MSD) Zone —T. Tietjens
Councilmember Moser moved to amend Chapter 106 "Zoning" of the Code of Ordinances of the
City of La Porte by granting Special Conditional Use Permit # 13-91000002 for the purpose of
developing a church facility along N. 7" Street, in Main Street District (MSD) Zone. Councilmember
Zemanek 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 2013-3477: AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 13-91000002 FOR THAT CERTAIN PARCEL OF LAND
HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING A CHURCH FACILITY ALONG NORTH 7T"
STREET, IN MAIN STREET DISTRICT (MSD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
AUTHORIZATIONS
(a) Consider approval or other action affirming action by the La Porte Development Corporation
Board to appropriate $570,000.00 of Development Corporation funds for Lomax
Improvements —T. Leach
Assistant City Manager Traci Leach presented a summary.
Councilmember Mosteit moved to approve action taken by the La Porte Development Corporation
Board to appropriate $570,000.00 of Development Corporation funds for Lomax Improvements.
Councilmember Leonard 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 possible implementation of additional Department of
Transportation enforcement for City of La Porte Fiscal Year 2013-2014 Budget —
Councilmembers Zemanek, Moser and Kaminski
Councilmember Zemanek informed Council the Port of Houston gates are open until 7:00 p.m. and
additional Department of Transportation enforcement is needed past 3:00 p.m. with pursuit rated
vehicles within the city.
Chief of Police Ken Adcox provided a presentation and advised Council the total cost to increase
and extend Department of Transportation enforcement is $36,504.00 and $72,500.00 to properly
equip each Department of Transportation Officer.
Mayor Rigby questioned why pursuit vehicles are a concern now and was not in 2010? Chief
Adcox responded pursuit vehicles were a concern in 2010, and Chevy Tahoe was proposed.
Councilmember Moser commented he would like the City to move forward with both plans.
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April 22, 2013, City Council Meeting Minutes
Councilmember Leonard questioned if currently other officers have obtained Department of
Transportation Training. Chief Adcox responded Officer Kyle Jones is the only one.
Councilmember Moser moved to go forward for all items to be placed in the upcoming budget
effective October 1. 2013. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken,
Mosteit, Clausen, Martin, Leonard and Moser
Nays: None
Absent: None
(b) Discussion or other action regarding the memberships of Bay Area Houston Convention
and Visitor's Bureau, Bay Area Houston Economic Partnership, and Economic Alliance
Houston Port Region and suspension of print advertisement — Councilmembers Zemanek,
Moser and Kaminski
Mayor Rigby informed Council he was advised the Bay Area Houston Economic Partnership and
Economic Alliance Houston Port Region were not to be included in the discussion.
Councilmember Zemanek informed he is not opposed to the Bay Area Houston Convention
and Visitor's Bureau, just was not aware of what services they provide for the City of La Porte due
to not observing any advertisement until prior to the comments at the past Council Meeting.
Councilmember Kaminski commented she would like to see documentation of advertisements and
a monthly report of expenses on behalf of the City.
City Manager Corby Alexander advised he will confirm the reporting process in the contract and
forward the monthly report to all Councilmembers.
Councilmember Martin commented Economic Development Coordinator Scott Livingston should
evaluate memberships after he has time to get acclimated in his new position.
No action was taken
(c) Discussion or other action regarding a retail and market study from Catalyst Commercial —
S. Livingston
Economic Development Coordinator Scott Livingston and Jeff Kwas, with Catalyst presented a
summary. There were several questions, and City Manager Alexander said he would get with
Catalyst for clarification.
10. REPORTS
(a) Receive Delinquent Tax Report — T. Leach
No action was taken; item for information only. Councilmember Zemanek stated it may be time to
solicit other firms for delinquent tax collections.
(b) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken provided a report of the La Porte Development Corporation Board
meeting which was held just prior to this council meeting.
11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
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April 22, 2013, City Council Meeting Minutes
Early Voting for Special Election — Monday, April 29, 2013, through Tuesday, May 7, 2013,
from 8:00 A.M. to 5:00 P.M. extended hours for Early Voting will be Wednesday, May 1,
2013, from 7:00 A.M. - 7:00 P.M. and Tuesday, May 7, 2013, from 7: 00 A.M. — 7:00 P.M.;
Early Voting on Saturday, May 4, 2013, from 8:00 A. M. — 5:00 P.M.
City Council Meeting, Monday, May 13, 2013
Special City Council Meeting, Tuesday, May 14, 2013
Memorial Day Observed, Monday May 27, 2013
La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting,
Thursday, May 16, 2013
La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting,
Thursday, May 30, 2013
City Manager Corby Alexander did not have any additional reports but commented he is
looking forward to his first Sylvan Beach Day.
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, Mosteit, Clausen, Martin, Moser, Kaminski,
Zemanek, Leonard, Engelken and Mayor Rigby.
All councilmembers congratulated the retirees and recipients of the proclamations. In addition,
Councilmember Mosteit thanked Council for their action to move forward with the Lomax
Improvements; Councilmember Martin commented the Red Suspenders did a great job with the
shrimp boil and had wonderful crowd of folks; Councilmember Kaminski informed everyone she
attended the Red Suspenders Shrimp Boil and La Porte Police Officer's Association Crawfish Boil
and thanked them for their work in the community; Councilmember Zemanek also thanked Council
for their action to move forward with the Lomax Improvements, and commented he enjoyed the
La Porte Police Officer's Association Crawfish Boil; Councilmember Leonard encouraged all
motorcycle owners to always drive safe; and Mayor Rigby wished the retirees the best, expressed
appreciation for Freddie Doughty and his family, thanked the La Porte Police Dispatcher's for their
hard work and congratulated the City of La Porte for receiving the 2013 Gold Leadership Circle
Award.
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.
Texas Government Code, Section 661.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Denise Mitrano, Municipal Court Judge
City Council recessed the regular meeting to convene an executive session at 7:48 p.m. to
deliberate concerning the evaluation of Denise Mitrano, Municipal Court Judge.
14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:34 p.m.
Councilmember Kaminski moved to give Municipal Court Judge Denise Mitrano a 4 percent salary
increase retroactive to April 1. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Moser,
Zemanek, Kaminski, Leonard, Clausen and Mosteit
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April 22, 2013, City Council Meeting Minutes
Nays: None
Absent: None
16. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
8:35 p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY.
Patrice Fogarty', Ci cretary
Passed al�d) pa rgopd on May 13, 2013.
Mayo\Lojris R. Rir
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April 22, 2013, City Council Meeting Minutes