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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 Page 1 of 7 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. Page 2 of 7 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. Page 3 of 7 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. Page 4 of 7 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. Page 5 of 7 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. Page 6 of 7 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 Page 7 of 7 June 10, 2013, Council Meeting Minutes