HomeMy WebLinkAbout2013-10-14 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
OCTOBER 14, 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, October 14, 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 Engelken, Leonard, Zemanek, Kaminski, Mosteit, Clausen, 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 Jay Martin.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Barbara Norwine, 202 S. Lobit, addressed Council requesting a night drop off for utility bills be
available, signs placed at street corners in the community, and the volume of mosquitoes requires
more frequent spraying.
S. 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 the regular council meeting
held September 23, 2013 — P. Fogarty
(b) Consider approval or other action regarding change in City Council meeting dates for the
months of November and December due to holiday schedule — C. Alexander/P. Fogarty
(c) Consider approval or other action awarding Bid #13027 for fuels and lubricants — C.
Daeumer
(d) Consider approval or other action awarding Bid #13030 for purchase of exterior fencing for
the Lomax Arena Complex — S. Barr
(e) Consider approval or other action regarding the purchase of radios for the La Porte Police
Department utilizing the discounted rate provided by Motorola through the Interlocal
Agreement with the City of Houston — K. Adcox
(f) Consider approval or other action regarding an Ordinance authorizing conveyance of Lots
27 & 28, Block 89; Lots 25 & 26, Block 77; and Lots 17 & 18, Block 107, Town of La Porte to
the La Porte Chapter of Bay Area Habitat for Humanity — T. Tietjens
Page 1 of 6
October 14, 2013, Council Meeting Minutes
(g) Consider approval or other action regarding rejection of bids for the Main Street electrical
project — C. Alexander
(h) Consider approval or other action authorizing the City Manager to execute an annual
contract for rehabilitation of sanitary sewers using sliplining, pipe bursting — D. Mick
(i) Consider approval or other action regarding purchase of two replacement solid waste trucks
through H-GAC's cooperative purchasing program — D. Mick
Q) Consider approval or other action authorizing the City Manager to execute a purchase
agreement in the amount of $ 64,446.00 for the purchase and completion of Phase I of the
City of La Porte Emergency Vehicle Preemption System to be funded from Emergency
Services District Fund (034) — R. Nolen
(k) Consider approval or other action authorizing the City Manager to execute a Memorandum
of Agreement with the Brookglen HOA for a community cooperation project (installation of a
playground shade structure and 3 picnic tables) for a total City contribution of $4,843 — T.
Leach
(1) Consider approval or other action rescinding Resolution #2013-15 and approving a
Resolution to nominate Equistar Chemicals LP, a subsidiary of Lyondell Chemical
Company, as a double jumbo Texas Enterprise Project for the company's investment and
activity related to its plant in La Porte — S. Livingston
Regarding Item H, Mayor Rigby noted from the bid tabulation that North Houston Pole Line has no
reference, and the bonding was not sealed. Mayor Rigby questioned if staff is familiar with the
company. Public Works Director Dave Mick responded the company has done fine work for the
City in the past. Mayor Rigby questioned if the bonding was a requirement for the bid. Mr. Mick
responded he did not know, and the bonding was not brought to his attention. City Manager Corby
Alexander advised Mayor Rigby the bonding issue will be confirmed and brought back to Council at
a later date.
Regarding Item K, Councilmember Zemanek questioned why is $67,000 budgeted and $64,445
requested. Assistant City Manager Traci Leach responded the amount requested was an error.
Mayor Rigby questioned who will be responsible for the fabric cover after the life estimate of ten
years. Ms. Leach responded, it is an improvement to a City -owned and maintained facility; hence,
the ongoing maintenance is the responsibility of the City.
Councilmember Zemanek moved to approve the Consent Agenda Items A-G and I-L pursuant to
staff recommendations. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
Councilmember Engelken moved to postpone Consent Agenda Items H until the October 28, 2013,
meeting. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3497: AN
ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 27 AND 28, BLOCK 89, LOTS
Page 2 of 6
October 14, 2013, Council Meeting Minutes
25 AND 26, BLOCK 77, AND LOTS 17 AND 18, BLOCK 107, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS„ TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, A TEXAS NON-PROFIT
CORPORATION, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; MAKING VARIOUS FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
6. AUTHORIZATIONS
(a) Consider approval or other action regarding a Resolution authorizing the Constable of Harris
County to hold a second public sale of property acquired through tax foreclosure to wit: Lots
1, 2, 3, 4, 5, and 6 and the north 10 feet of Lot 7, Block 330, Town of La Porte — K. Powell
Tax Manager Kathy Powell presented a summary.
Councilmember Clausen moved to accept the recommendation and approve Resolution 2013-22
as presented by staff. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
(b) Consider approval or other action regarding an Ordinance authorizing the first amendment
to the agreement with Harris County for the Northside Neighborhood IV Project allowintq
additional financial assistance to eligible homebuyers for three homes located at 509 N. 7t
Street, 513 N. 71h Street, and 222 N. 5th Street — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Moser moved to approve Ordinance 2013-3498 as presented by staff.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3498: AN
ORDINANCE APPROVING AND AUTHORIZING A FIRST AMENDMENT TO AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE NORTHSIDE NEIGHBORHOOD SINGLE-
FAMILY NEW CONSTRUCTION PROJECT, TO ALLOW FOR ADDITIONAL FINANCIAL ASSISTANCE TO
ELIGIBLE DOWN PAYMENT ASSISTANCE HOMEBUYERS FOR THREE UNSOLD HOMES LOCATED AT
222 NORTH 5T"; 509 NORTH 7T" AND 513 NORTH 7T" STREETS; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
(c) Consider approval or other action regarding an Ordinance authorizing the City Manager to
execute land sale contracts and closing documents for properties located at 509 N. 7th
Street, 513 N. 7th Street, and 222 N. 5tn Street, as part of the City's Northside
Neighborhood IV Project — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Page 3 of 6
October 14, 2013, Council Meeting Minutes
Councilmember Moser moved to approve Ordinance 2013-3499 as presented by staff.
Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3499: AN
ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LAND SALE CONTRACTS AND
RELATED DOCUMENTS, AS PART OF THE H.O.M.E. PROGRAM NORTHSIDE NEIGHBORHOOD IV
SINGLE FAMILY CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE AND ELIGIBLE
BUYERS OF PROPERTIES LOCATED AT 222 N. 5T" STREET, ALSO DESCRIBED AS LOTS 5-7, BLK. 65;
509 N. 7T" STREET, ALSO DESCRIBED AS LOTS 21-22, BLK. 101, AND 513 N. 7T" STREET, ALSO
DESCRIBED AS LOTS 23-24, BLK. 101 AT SUCH TIME AS ELIGIBLE BUYERS ARE LOCATED, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(d) Consider approval or other action authorizing the City Manager to enter into a construction
contract with Aztec Remodeling and Landscaping in the amount of $156,582 and establish
a construction contingency in the amount of $12,000 for the construction of the parking lot
for new Fire Station 1 — D. Ladd/R. McPhail
City Manager Corby Alexander recommended the item be pulled from the agenda in order for staff
to clearly identify additional lighting features for the parking lot.
Councilmember Clausen moved to postpone this item until the October 28, 2013, meeting.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Mosteit, Leonard and Moser
Nays: None
Absent: None
7. REPORTS
(a) Receive report of La Porte Development Corporation Board — 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.
(b) Receive final report on retail and market study from Catalyst Commercial, Inc. —
S. Livingston
Jason Claunch, representing Catalyst Commercial, provided the final report on the retail and market
study. There were no questions from City Council regarding the report provided.
(c) Receive Quarterly Report on Planning Audit — T. Tietjens
Planning Director Tim Tietjens provided the Quarterly Planning Audit Report.
Councilmember Zemanek questioned in reference to the Northern American Industry Classification
System (N.A.I.C.S.) if more than one employee will review applicants to assure they receive the
correct codes. Planning Director Tim Tietjens responded yes, more than one employee will be
reviewing applicants. Councilmember Zemanek requested Mr. Tietjens check the zoning codes of
Paskey and report to Council.
Page 4 of 6
October 14, 2013, Council Meeting Minutes
Councilmember Zemanek questioned if the property on 17ti' Street has a fill dirt permit. Planning
Director Tim Tietjens answered yes, a fill dirt permit was applied for after a topping had been
applied to the lot.
Councilmember Moser asked if contractors can do an on-line review of the process of their permit
or inspections. Mr. Tietjens replied yes, they can; and he would provide the information to Council
regarding how to go about the lookup.
Councilmember Moser asked if staff will be bringing for Council discussion the concern of parking
lots being constructed with fill dirt. Planning Director Tim Tietjens responded fill dirt has not been
defined and some individuals are bringing in almost sub -based type materials; therefore, staff will
possibly bring forth an amendment identifying fill dirt.
Councilmember Zemanek questioned the duration of a fill dirt permit. Planning Director Tietjens
responded he believes the duration is six months. Councilmember Zemanek commented he
requested a report on a fill dirt permit and when it had been obtained and if it was longer than six
months, what should be done now. Mr. Tietjens responded a process has been implemented to
extend a permit if there is still activity for additional six months and only for one time.
Councilmember Zemanek questioned if the Brieden property obtained a fill dirt permit. Mr. Tietjens
responded a fill dirt permit had been applied for after topping had been applied to the lot. Mr.
Tietjens also added granular non -dust free material was on top of the original lot which does not
comply with code. Councilmember Zemanek questioned if Mr. Brieden has to do anything for
drainage at the site plan visible over the railroad tracks. Mr. Tietjens responded the site plan does
not have any type of plan approval, but the side south site does have approval.
(d) Receive Strategic Plan Update — T. Leach
Assistant City Manager Traci Leach provided an update on the Strategic Plan. There were no
questions from Council.
8. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• Fiscal Affairs Committee Meeting, Monday, October 28, 2013
• City Council Meeting, Monday, October 28, 2013
• Zoning Board of Adjustment Meeting, Thursday, October 24, 2013
• City Council Meeting, Monday, November 11, 2013
There were no additional reports.
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 — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen, and Mayor Rigby.
Councilmember Martin thanked Brooks Concrete for the work performed at the Shady River
subdivision entrance, and the citizens for allowing him the opportunity to attend the Texas Municipal
League Conference last week; Councilmember Moser requested City Manager Alexander to check
into Barbara Norwine's concerns; Councilmember Zemanek requested City Manager Alexander
provide a report on the Gus Brieden situation, the Cliff Hall property on Broadway, and the noise
concerns with the Port of Houston; Councilmember Mosteit wished Sharon Harris and Bonnie
Garrison, in the City Secretary's Office, a Happy Birthday; and Mayor Rigby commented he enjoyed
the Muscle Cars show and congratulated staff members for a very nice event.
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.
Page 5 of 6
October 14, 2013, Council Meeting Minutes
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
7:03 p.m. Councilmember Leonard seconded. MOTION PASSED.
Patrice Fogarty, Ci creta
Passed Arvar ved on October 28, 2013.
Mayor 11ouis R.
Page 6 of 6
October 14, 2013, Council Meeting Minutes