HomeMy WebLinkAbout2013-06-10 Regular Meeting of La Porte City Council minutesLOUIS RIGBY Of N DARYL LEONARD
Mayor ; O Councilmember Distrid3
JOHN ZEMANEK /, 9
Councilmember At Large A TOMMY MOSER
DOTTIE KAMINSK Y m Councilmember MARTIN
Councilmember At Large B JAY MARTIN
MIKE MOSTEIT Mayor Pro Tem
Councilmember District 1 iexx� Councilmember District 5
CHUCK ENGELKEN MIKE OLAUSEN
Councilmember
Councilmember District 2 District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JUNE 10, 2013
The City Council of the City of La Porte met in a regular meeting on Monday, June 10, 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 6:03 p.m. Members of Council present:
Councilmembers Mosteit, Engelken, Leonard, Zemanek, Moser, Martin and Clausen. Also present
were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney
Clark Askins. Councilmember Dottie Kaminski was absent.
2. INVOCATION - The invocation was given by Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Jay Martin.
4. ELECTION -RELATED ACTIONS
(a) Administer the Oath of Office to re-elected Councilmembers Tommy Moser, District 4, Jay
Martin, District 5; and John Zemanek, At Large A— Judge Denise Mitrano
Judge Denise Mitrano administered Oath of Office to Councilmembers Tommy Moser,
District 4; Jay Martin, District 5; and John Zemanek, At Large A.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
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 May 13, 2013 and special City Council meeting held on May 14, 2013 — P. Fogarty
(b) Consider approval or other action awarding Bid # 13016 for Annual Mowing Services — J.
Garza
(c) Consider approval or other action authorizing the City Manager to sign a contract with Bay
Area Houston Economic Partnership for economic development services — C. Alexander
(d) Consider approval or other action awarding RFP # 13507 for Debris Monitoring Services —
J. Suggs
(e) Consider approval or other action authorizing Mayor Rigby to sign a letter on behalf of City
Council in support of the Baytown Carver High School Recognition & Preservation Society's
nomination of the late John Willie Peoples and the late Roy Atmer Hutchins for induction
into the Texas High School Coaches Association Hall of Honor— Mayor Rigby
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June 10, 2013, Council Meeting Minutes
(f) Consider approval or other action regarding renewal of an agreement with AT&T for
OPT-E-Man services — J. Suggs
Councilmember Engelken moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Leonard seconded. MOTION PASSED.
Ayes. Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen,
Martin, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Kaminski
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 3031 S. Broadway (Old
Highway 146)—J. Garza
City Council reopened the public hearing at 6:07 p.m. to receive comments from the public
regarding condemnation of one (1) substandard building located at 3031 S. Broadway (Old
Highway 146).
Senior Engineer Julian Garza presented a summary of activities to date on this property.
Councilmember Zemanek questioned if staff has received an engineering report from Mr. Manning.
Senior Engineer Julian Garza responded no.
Mayor Rigby questioned if the handwritten list of repairs received by Mr. Garza from the property
owner addresses items in the initial preliminary report completed by Mr. Manning. Mr. Garza
responded he has not received a report from Mr. Manning.
J. B. Williamson 820 W. Main, addressed Council on behalf of property owner, Suzan Rector,
requesting additional time to obtain an engineering report from Manning Engineering.
Councilmember Zemanek questioned how Mr. Manning was retained for the project. Mr.
Williamson responded he advised Ms. Rector to contact Mr. Manning. Councilmember Zemanek
questioned Ms. Rector why an additional 90 days should be granted if nothing was been done in
the previous 90 days. Ms. Rector responded, again, that she does not have the engineering report
from Mr. Manning.
Councilmember Leonard commented the property owner does not have an estimate for repairs
from a tradesman due to not having an engineering report.
Councilmember Martin asked Ms. Rector how long the property has been vacant. Ms. Rector
responded she does not know. Councilmember Martin questioned what will be accomplished with
an additional 90-day extension. Ms. Rector then requested a 60-day extension instead of 90 days.
It was indicated that there was nothing wrong with the building other than some cosmetic issues.
Councilmember Zemanek asked Senior Engineer Julian Garza if it is common practice of the City of
La Porte to place a building in the Dangerous Building category based on cosmetic issues. Mr.
Garza responded no, not for cosmetic issues and the proceeded to read the Inspection Report that
listed five categories that dictate a Dangerous Building.
Mayor Rigby requested Senior Engineer Julian Garza to advise Council how many meetings were
held with City staff, Ms. Rector, Mr. Williamson and Mr. Manning in the previous eight months.
Mr. Garza responded he has been assured by the Deputy Building Official and Chief Inspector
there has been no contact, no meetings and no action on the structure.
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June 10, 2013, Council Meeting Minutes
Staff recommended moving forward with condemnation based upon the ordinance as there is no
proof of action by the property owner.
Councilmember Martin questioned Ms. Rector if she has considered selling the property.
Ms. Rector responded it is an option if repaired.
City Council closed the public hearing at 6:31 p.m. with no extension of time to complete repairs.
(b) Consider approval or other action of an Ordinance condemning the structure located at
3031 S. Broadway (Old Highway 146) —J. Garza
Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3483: AN ORDINANCE
DECLARING THE BUILDING (S) LOCATED AT 3031 S. BROADWAY HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED, FINDING THAT SUSAN RECTOR IS
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 BUILDINGS) 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.
Councilmember Martin moved to adopt Ordinance 3483 condemning the structure located at 3031
S. Broadway (Old Highway 146). Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen,
Martin, Zemanek and Leonard
Nays: Councilmember Moser
Absent: Councilmember Kaminski
8. AUTHORIZATIONS/ORDINANCES
(a) Consider approval or other action authorizing supplemental down payment assistance for
the three homes in Phase One of the Northside Neighborhood IV Program — T. Tietjens
Planning Director Tim Tietjens and Realtor Lou Ann Martin, with Main Properties, presented a
summary.
Mayor Rigby questioned Ms. Martin how many individuals she spoke to are qualified for the
additional $10,000.00. Ms. Martin responded she will not know until applications are processed if
the assistance is approved by Council.
Councilmember Martin questioned City Manager Alexander where would funding come from if
approved by Council. Mr. Alexander responded the General Fund.
Councilmember Moser questioned Planning Director Tim Tietjens where did funding for
supplemental down payment assistance previously came from for homes on the Northside. Mr.
Tietjens responded Harris County Community Services.
Councilmember Moser moved to authorize supplemental down payment assistance for three
homes in Phase One of the Northside Neighborhood IV Program. Councilmember Zemanek
seconded. MOTION PASSED.
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June 10, 2013, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen,
Martin, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Kaminski
(b) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the West "D" Street Right -of -Way between the west right -of -line of State Highway
146-South and the west right-of-way line of South 111" Street (abandoned), approve a Public
Utility & Drainage Easement and authorize the execution and delivery of a deed to the
adjoining landowner —T. Tietjens
Planning Director Tim Tietjens presented a summary.
Mayor Rigby questioned Planning Director Tim Tietjens if the check was submitted with the
application. Mr. Tietjens responded no it was submitted later.
Councilmember Engelken moved to adopt Ordinance 2013-3484 vacating, abandoning, and
closing the West 'D" Street Right -of -Way between the west right -of -line of State Highway 146-
South and the west right-of-way line of South 1 P" Street (abandoned), approve a Public Utility &
Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen,
Martin, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Kaminski
Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3484 prior to the vote: AN
ORDINANCE VACATING ABANDONING AND CLOSING A PORTION OF THE WEST "D" STREET
RIGHT-OF-WAY, LA PORTE, HARRIS COUNTY, TEXAS RETAINING A PUBLIC UTILITY AND DRAINAGE
EASEMENT, AND AUTHORZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING
LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding emergency generators — D. Pennell/J. Suggs
Assistance Public Works Director Don Pennell and Emergency Management Coordinator Jeff
Suggs discussed additional generators and equipment to improve the City's back-up power
capabilities to provide continuity of services and help expedite the return of citizens to La Porte
following an emergency evacuation. The feasibility study performed by Shrader Engineering for
emergency power connections and generator installation at the Wastewater Treatment Plant
(WWTP), City Hall and Police Department was also discussed.
Councilmember Mosteit questioned the recommendation to adjust costs for improvements at the
Lift Stations in the Lomax Area. Assistant Public Works Director Don Pennell responded a survey
is in process.
Councilmember Moser commented he supports the emergency generators and wants it done
correctly.
Councilmember Moser moved for staff to come back with cost estimates for permanent standby
generators at the Wastewater Treatment Plant and City Hall, and supports remaining staff
recommendations. Councilmember Zemanek seconded. MOTION PASSED.
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June 10, 2013, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen,
Martin, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Kaminski
(b) Discussion or other action regarding retail and market study from Catalyst Commercial — S.
Livingston
Economic Development Coordinator Scott Livingston presented a summary for the retail and
market study done by Catalyst Commercial.
Jason Claunch with Catalyst Commercial provided a report.
Councilmember Zemanek questioned Mr. Claunch in regards to the traffic study if retailers were not
concerned with drive-thru traffic on freeways. Mr. Claunch responded "drive-thru traffic" would not
be a core customer. Core customers are individuals currently shopping in La Porte or individuals
possibly shopping in other retail modes.
Mayor Rigby questioned if the traffic counts exclude truck traffic on Highway 146. Mr. Claunch
responded no.
Councilmember Leonard commented knowing the origin or destination of traffic on Highway 146
would be beneficial for future advertisement purposes.
Councilmember Martin questioned whether, based on other communities' traffic studies, it can be
determined what types of retail can be attracted. Mr. Claunch responded the retail analytics for the
City of La Porte's market place have not yet been completed to provide the information.
Mr. Claunch informed Council the first phase of the retail and market study will be completed
between 30-45 days.
(c) Discussion or other action regarding closure of right-of-way encroachments within the City
of La Porte — Councilmembers Zemanek, Kaminski and Moser
Councilmembers Zemanek presented a summary and requested Council to discuss plans for right
of way encroachments within the City of La Porte.
City Manager Corby Alexander requested Council provide staff with direction on addressing
right-of-way encroachments with adjacent property owners.
Mayor Rigby questioned staff if an individual can come to the Planning Department with a set of
drawings with intent to build at a certain location and be informed of an encroachment on an alley
or a right-of-way. Planning Director Tim Tietjens responded yes.
Councilmember Leonard commented he would like to see the City contact property owners to
notify them of any encroachments and see if they would like to apply for a closing or vacate the
property.
GIS Manager Brian Sterling informed Council a governmental entity with eminent domain is
exempt from application and closing fees but is responsible for coordinating with the City's
franchise utility companies if easements are required.
Mayor Rigby questioned Mr. Sterling why the Right -of -Way Encroachment Report included a
column listed as "Since 2002." Mr. Sterling responded that designation means aerial photography
from 2002 was utilized to determine the duration of the encroachment. Mayor Rigby questioned
Assistant City Attorney Clark Askins if owners actually own the property listed on the Encroachment
Report if a permit was issued and a structure was built on or across the alley or right-of-way. Mr.
Askins responded it is not definitive.
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June 10, 2013, Council Meeting Minutes
Council directed City Manager Corby Alexander to meet with staff and come to a resolution for
right- of -way encroachments with adjacent property owners.
10. REPORTS
(a) 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.
(b) Receive report of Federal Emergency Management Agency (FEMA) Draft Maps — T.
Tietjens
Planning Director Tim Tietjens provided a report. Councilmembers are concerned with the rising
costs of flood insurance. Councilmember Martin said he would like for the City to contact our
elected officials and ask for help with this issue like the State of New Jersey did.
11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Community Civic Club Juneteenth Festivities, June 14-16, 2013
• City Council Meeting, Monday, June 24, 2013
City Manager Corby Alexander reported he and Economic Development Coordinator Scott
Livingston attended the Sylvan Beach Bash event this past weekend.
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 — Councilmember Martin, Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen and Mayor Rigby.
Councilmember Martin commented he is looking forward to Councilmember Kaminski return to City
Council and requested direction on how to approach Harris County for a fish cleaning station at
Sylvan Beach; Councilmember Moser congratulated newly re-elected Councilmembers Martin and
Zemanek and thanked Council for their support of late Coaches Peoples and Hutchins into the
Texas High School Coaches Association Hall of Honor and reminded everyone of the upcoming
La Porte Community Civic Club Juneteenth festivities, Councilmember Zemanek congratulated
newly re-elected Councilmembers Martin and Moser, thanked the citizens of La Porte for allowing
him to serve another three-year term and provided an update on Councilmember Kaminski and her
expected return to City Council meetings; Councilmembers Leonard, Engelken and Clausen
congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and wished
Councilmember Kaminski well on her release from the hospital; Councilmember Mosteit wished
Councilmember Kaminski well on her return to City Council, congratulated newly re-elected
Councilmembers Moser, Martin and Zemanek, and thanked Lou Ann Martin and Main Properties for
waiving fees for the homes in Phase One of the Northside Neighborhood IV Program; Mayor Rigby
informed he attended the City of La Porte Employee Picnic, the Linde La Porte HyCO
Groundbreaking, congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and
commented he looks forward to Councilmember Kaminski's return to City Council.
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 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.
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June 10, 2013, Council Meeting Minutes
Texas Government Code, Section 551.071(2) — Consultation with city attorney regarding legal
issues related to property exchange with LPISD.
City Council recessed the regular meeting to convene an executive session at 8:29 p.m. to
deliberate 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 and to consult with the City Attorney regarding legal issues related to property exchange with
LPISD.
14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 9:01 p.m.
Regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours
Cut and Main Street. No action was taken.
Regarding consultation with City Attorney in regards to legal issues related to property exchange
with LPISD, City Council directed City Manager Corby Alexander to perform title searches on all 33
properties, speak with an attorney at Texas Municipal League regarding opinion generated by
LPISD and the City of La Porte, and report back as soon as possible with a creative resolution.
15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
9:02 p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY.
Patrice Fogarty, 4 y Secr ary
Passed an ov d on June 24, 2013.
Mayo Lo is Ft. Rigb
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June 10, 2013, Council Meeting Minutes