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HomeMy WebLinkAbout2013-07-08 Regular Meeting of La Porte City Council minutesLOUIS RIGBY Of 4 DARYL LEONARD Mayor O Councilmember District 3 JOHN ZEMANEK /. 9 Councilmember At Large A m TOMMY MOSER DOTTIE KAMINSKI O Councilmember District 4 Councilmember At Large B JAY MARTIN MIKE MOSTEIT Mayor Pm Tern Councilmember District 1 texts Councilmember District 5 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JULY 8, 2013 The City Council of the City of La Porte met in a regular meeting on Monday, July 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 Engelken, Leonard, Zemanek, Kaminski, Moser and Martin. Absent: Councilmembers Clausen and Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and City Attorney Knox Askins. 2. INVOCATION - The invocation was given by City Attorney Knox Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Dottie Kaminski. 4.. PUBLIC COMMENTS (Limited to five minutes per person.) Gideon Jones, 10403 Quiet Hill, informed Council of an Air Show to be held on October 5, 2013, and spoke in favor Item 6d regarding a property lease with the Texas Army National Guard. John Kling, 11025 Pinewood, addressed Council regarding sidewalk repairs, the dust -free ordinance, and the previously proposed Ordinance regarding an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees. George Watkins, 5221 ValleyBrook Ct., thanked Council and the City for their attendance and support of the 11" annual July 4" parade. Phillip Hoot, 927 Seabreeze, addressed Council in opposition to commercial development along the bayfront. 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 June 24, 2013 — P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning and closing the southernmost 20' of the West "D" Street Right -of -Way between the east right -of -line of South 16" Street and the west right-of-way line of South 14" Street, and authorize the execution and delivery of a deed to the adjoining landowner — T. Tietjens (c) Consider approval or other action regarding an Ordinance authorizing the execution of an Industrial District Agreement with Enterprises Refined Products Company, LLC — K. Powell Page 1 of 5 July 6, 2013, Council Meeting Minutes Mayor Rigby requested Consent Item 5c to be voted on separately, and announced he had filed a conflict of interest affidavit with the city secretary. Regarding Consent Item 5b, Councilmember Moser questioned if 20' of an easement was normal. GIS Manager Brian Sterling responded no, and he provided an exhibit and explained in more detail. Regarding Consent Item 5b, Councilmember Zemanek questioned why the application for the right-of-way closing was an exception. GIS Manager Brian Sterling responded applications are reviewed on a case -by -case basis to assure not any other plans are adversely impacted in the right-of-way. Councilmember Engelken moved to approve the Consent Agenda Items a and b pursuant to staff recommendations. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmembers Clausen and Mosteit City Attorney Knox Askins read the caption of Ordinance 2013-3486: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST "D" STREET RIGHT-OF-WAY, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Martin moved to approve the Consent Agenda Item C pursuant to staff recommendations. Councilmember Moser seconded. MOTION PASSED. Ayes: Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmembers Clausen and Mosteit Abstain: Mayor Rigby City Attorney Knox Askins read the caption of Ordinance 2013-3487: AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ENTERPRISES REFINED PRODUCTS COMPANY, LTC, FOR THE TERM COMMENCING JANUARY 1, 2013, 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. 6. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding appointing members to various boards, commissions and committees — Mayor Rigby City Secretary Patrice Fogarty discussed appointing members to vacancies on the La Porte Development Corporation Board, the Drainage and Flooding Committee, the Animal Shelter Advisory Committee and the Fiscal Affairs Committee. Councilmember Engelken moved to appoint Councilmember Jay Martin to the La Porte Development Corporation Board and to Alternate 1 position on the Fiscal Affairs Committee and Councilmember Daryl Leonard to the Drainage and Flooding Committee. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmembers Clausen and Mosteit Page 2 of 6 July 8, 2013, Council Meeting Minutes (b) Discussion or other action regarding emergency generators — D. Pennell/J. Suggs Assistant Public Works Director Don Pennell and Emergency Management Coordinator Jeff Suggs presented this item. Councilmember Moser commented he would like to move forward with Option Two, citing from staff's supporting documentation, for One Permanent Natural Gas Generator and suggested the City look at future funding and a maintenance contract for the generators. Councilmember Engelken asked what amount of storm surge would make the plant totally inoperable. Emergency Management Coordinator Jeff Suggs responded 14 feet. Councilmember Martin suggested staff bring back more information. Councilmember Moser moved to go with Option Two — One Permanent Natural Gas Generator for the Wastewater Treatment Plant. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmembers Clausen and Mosteit City Manager Alexander clarified that staff will move forward with all other components and then come back to council with more full -cost numbers of Option 2 including design amounts plus or minus 35 percent. (c) Discussion or other action regarding Bayfront Development — S. Livingston Economic Development Coordinator Scott Livingston discussed bay front development, and requested guidance from council on this issue. Councilmember Leonard commented he would like to see a facility for only La Porte residents to utilize. Mayor Rigby commented he would like to know what Harris County would like to see along the Bayfront. Councilmember Martin questioned Economic Development Coordinator Scott Livingston if there was any interest for development in La Porte along the Bayfront. Mr. Livingston responded yes, some developers are interested due to the beach front. Councilmember Leonard commented he would also like to know Harris County's ideas and plans. Mayor Rigby advised Council he will contact Commissioner Jack Morman and report back. No action was taken on this item. (d) Discussion or other action regarding property lease with the Texas Army National Guard- T. Leach Assistant City Manager Traci Leach discussed a property lease with the Texas Army National Guard. Ms. Leach advised the current lease with the Texas Air National Guard expires in 2047. Page 3 of 5 July S, 2013, Council Meeting Minutes City Attorney Knox Askins advised there are environmental issues but the City can secure a lease stating the City will not be required to remediate any environmental issues; there would be a hold harmless clause. Councilmember Martin commented he is in favor of developing the airport property and making it a more viable airport. Councilmember Leonard commented leasing the property would be good for the community's economy. Councilmember Zemanek questioned if there are any liabilities to the City by entering into an agreement, knowing there are environmental concerns in the building. City Attorney Knox Askins responded if Council would like to move forward with a lease, the City can be protected, which is an essential tenet to a lease agreement. Major Miller spoke regarding airstrip length and strength, and stated that while it might be desirable to land a C130 at the airport, it is certainly not essential. It was never paramount to use the airstrip. They can bus to Ellington Field. Major Miller also informed Council that he does not foresee the City being liable in the future regarding any noted contamination and that documentation does not show contamination causing danger to soldiers using the facility. Councilmember Leonard moved to go forward as proposed with City Attorney Knox Askins' stipulations regarding the City securing a hold harmless agreement. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek, Leonard and Moser Nays: Councilmember Martin Absent: Councilmembers Clausen and Mosteit REPORTS (a) Receive reports of the Economic Alliance Houston Port Region — S. Livingston Chad Burke, President/CEO for the Economic Alliance Houston Port Region, provided an updated economic report. Councilmember Martin thanked Mr. Burke for all the benefits to the City of La Porte, 8. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Planning and Zoning Commission Meeting, July 18, 2013 • City Council Meeting, Monday, July 22, 2013 • La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 City Manager Corby Alexander thanked the City Departments that assisted with the Food Distribution on June 29, 2013, and advised Council they will be receiving an update on the Sidewalk Repair Program very soon. 9. 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. Councilmember Kaminski commented on the Food Distribution held on June 29, 2013, and thanked George Watkins for the July 4"' parade; Councilmember Leonard thanked George Watkins for the July 4" parade and the flags that were distributed to those attending the parade; it was suggested Page 4 of 5 July 8, 2013, Council Meeting Minutes that George Watkins be presented a proclamation for his efforts on the past eleven July 4" parades; Councilmember Martin informed he attended the Hurricane Conference and advised the evacuation process appears to be better planned, Councilmember Moser thanked staff for their work and Council for their support at the Food Distribution held on June 29, 2013. and Mayor Rigby also thanked staff for the work at the Food Distribution held on June 29, 2013, and thanked George Watkins for the July 4" parade. 10. 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. There was no Executive Session. 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. There was no Executive Session. 12. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 7:50 p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY. Passed a proved on July 22, 2013. May r Lo is R. Ai y Page 5 of 5 July 8, 2013, Council Meeting Minutes