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Home My WebLink About2013-09-23 Regular Meeting of La Porte City Council minutesLOUIS RIGBY Mayor JOHN ZEMANEK 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 SEPTEMBER 23, 2013 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, September 23, 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, Mosteit, Clausen, and Moser. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. Councilmember Martin was absent. 2. 3. 4. 5. 6. INVOCATION - The invocation was given by Mar Michael, Congregation Benim Avraham. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS There were no presentations, proclamations or recognitions. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments at the time this item was reached. However, public comments were taken out of order after the Consent Agenda, as follows: Neil Moyer, 1124 N. County Club Dr., Shoreacres, addressed Council regarding tree cutting and removal activity on McCabe Rd. and Hwy 146. James Wheetly, 8526 Oakhaven, addressed Council and advised he is interested in the disposition of the historic site at the former Dewalt School. 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 September 9, 2013 — P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the alley in Block 76, Bay Front to La Porte Harris County, Texas; retaining a Public Utility Easement and authorizing the execution and delivery of a deed to the adjoining owner — T. Tietjens (c) Consider approval or other action regarding a Resolution of the City of La Porte approving General Fund commitments of Fund Balance for Fiscal Year 2012-2013 — M. Dolby Page 1 of 3 September 23, 2013, Council Meeting Minutes (d) Consider approval or other action awarding Bid #13024 for annual black base hot mix asphalt — D. Mick (e) Consider approval or other action awarding Bid #13028 for mobile diesel powered generator — D. Mick (f) Consider approval or other action regarding a Resolution authorizing the City Manager to sign a grant award and other documents for Speed and Intersection traffic control STEP grant — K. Adcox (g) Consider approval or other action regarding a Resolution accepting the donation of the former Dewalt schoolhouse from La Porte Independent School District to the City of La Porte — C. Alexander Regarding Item E, Councilmember Moser questioned how the generator can be installed on a temporary basis. Public Works Director Dave Mick responded the generator is set up with a switch and plug for the remodeled building at the school. Councilmember Clausen added there is a transfer switch in the mechanical room for connection. Councilmember Engelken moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Kaminski, Zemanek, Mosteit, Leonard and Moser Nays: None Absent: Councilmember Martin Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3496: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 76, BAY FRONT TO LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A PUBLIC UTILITY EASEMENT, AND 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. 7. AUTHORIZATIONS (a) Consider approval or other action to affirm the La Porte Development Corporation approval of incentive grant request in an amount not to exceed $66,000 to Rob Johnson Interests — S. Livingston Economic Development Coordinator Scott Livingston and Mr. Rob Johnson presented a summary. Councilmember Leonard moved to affirm the La Porte Development Corporation's approval of an incentive grant request in an amount not to exceed $66,000 to Rob Johnson Interests. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Kaminski, Zemanek, Mosteit, Leonard and Moser Nays: None Absent: Councilmember Martin 8. REPORTS (a) Receive report of La Porte Development Corporation — Councilmember Engelken Councilmember Engelken provided a report of the actions by the La Porte Development Corporation which took place at a meeting held just prior to this council meeting. Page 2 of 3 September 23, 2013, Council Meeting Minutes 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • La Porte Development Corporation Board Meeting, Monday, September 23, 2013 • City Council Meeting, Monday, September 23, 2013 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2013 • Annual Health & Safety Fair, Saturday, September 28, 2013 • National Night Out, Tuesday, October 1, 2013 City Manager Corby Alexander advised Council he will follow up with Mr. Moyer and Mr. Wheetley. 10. 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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, and Mayor Rigby. Councilmember Moser commented on the Habitat dedication he attended and congratulated the Kelly family; Councilmember Kaminski also commented on the Habitat dedication, stating it was very nice; Councilmember Zemanek asked who the City issued a cease and desist order to regarding the clear cutting of trees. Assistant City Manager Leach responded she did not know the name of the company, but would find out more information and provide it to council; Councilmember Mosteit commented the Lomax Arena is coming along nicely and sent his deepest sympathy to the Applebe family; and Mayor Rigby thanked staff for scheduling a meeting to discuss the 3rd Street Drainage Project. 11. 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: Meet with City Manager and City Attorney to discuss possible sale or lease of city owned real property. (Old Kline Retreat) City Council recessed the regular meeting to convene an executive session at 6:25 p.m. to discuss the possible sale and/or lease of City -owned real property. (Old Kline Retreat) 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 6:47 p.m. Regarding discussion of possible sale or lease of city owned real property. (Old Kline Retreat), Council directed City Manager Corby Alexander to investigate all aspects of the transaction and report back to Council at a later date. 13. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 6:48 p.m. Councilmember Leonard seconded. MOTION PASSED. V �c' Passed and a'p0rhW pn September 23, 2013. Mayor Loois FA Rigby Page 3 of 3 September 23, 2013, Council Meeting Minutes