HomeMy WebLinkAbout2013-10-28 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 28, 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 28, 2013, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:02 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, Clausen, Martin, and Moser. Absent:
Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander, and Assistant City Attorney Clark Askins. Councilmember Clausen arrived at 6:03 p.m.
2. INVOCATION - The invocation was given by Assistant City Attorney, Clark Askins.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition — "Employees of the (Third) Quarter" — Chris Muska, Chris Gaitan and Jeff
Ellison (Parks and Recreation) — Mayor Rigby
Mayor Rigby recognized Chris Muska, Chris Gaitan and Jeff Ellison as "Employees of the Third
Quarter." Stephen Barr and Scott Bradley offered words of praise.
(b) Recognitions — Retirement of Nicola Wells (Human Resources) — Mayor Rigby
Mayor Rigby recognized the retirement of Nicola Wells. Allison Curry offered words of praise.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Ken Schick, 4105 Crawford Rd., Spicewood TX, spoke in favor of Item 7, the proposed zoning
change located northwest of Sens Road and Spencer Highway from commercial to low -density
residential.
President of Spencer Landing Homeowners' Association Rick Helton, 345 Joshway, spoke in
opposition to Item 7 and requested Council table the item until more accurate information becomes
available.
Robert Guerra, 342 Joshway, spoke in opposition to Item 7 and requested Council table the item
until more accurate information becomes available.
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 the regular council meeting
held October 14, 2013 — P. Fogarty
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(b) Consider approval or other action to authorize two real estate appraisals related to the
La Porte Airport — C. Alexander
(c) Consider approval or other action regarding an amendment to the bus service agreement
between Harris County and the City of La Porte for local bus service for the period
beginning November 1, 2013, and ending October 31, 2014 — T. Leach
(d) Consider approval or other action appointing Jeffrey Plemons and Leo Trim to the La Porte
Police Reserve Force — K. Adcox
(e) Consider approval or other action authorizing the City Manager to execute an agreement
for participation in the Regional DWI Task Force and a budget amendment to increase the
grant account from $6,000.00 to $12,131.00 — K. Adcox
(f) Consider approval or other action for the purchase of 12 Haenie scales from sole source
vendor LoadOMeter — K. Adcox
(g) Consider approval or other action authorizing the City Manager to execute an annual
contract for rehabilitation of sanitary sewer using sliplining, pipe bursting — D. Mick
(Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.)
(h) Consider approval or other action authorizing the City Manager to execute an agreement
between the City of La Porte and Patriot Court Systems, Inc., under its Texas Buy Board
contract, to provide and install a basketball court and related equipment for Fairmont Park
— S. Barr
(i) Consider approval or other action adopting an Ordinance amending Fiscal Year 2013-2014
Budget — M. Dolby
Q) Consider approval or other action regarding a Resolution amending the City of La Porte's
Investment Policy — M. Dolby
City Manager Corby Alexander recommended Item F be removed from the Consent Agenda and
brought back at the December meeting in order for staff to obtain additional information.
Regarding Item C, Councilmember Martin questioned if staff can provide ridership numbers.
Assistant City Manager Traci Leach advised the latest numbers are from August 2013, but she can
obtain updated numbers and provide them to Council. Councilmember Martin questioned why the
City's share of the bus service agreement was $3,000.00 less than last year. Ms. Leach responded
it is due to fewer rides for paratransit services.
Regarding Item H, Councilmember Martin questioned why the half court has to be removed and
who is responsible for the removal. Parks and Recreation Director Stephen Barr responded the half
court will be removed in-house, and it is the potential site for the spraypark.
Councilmember Leonard moved to approve the Consent Agenda Items A-E and G-J pursuant to
staff recommendations. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Mosteit
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3600: AN
ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF
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SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation by the Tax Increment
Reinvestment Zone No. 1 Board of Directors to accept and adopt amendments to TIRZ
No. 1 Project Plan and Reinvestment Zone Financing Plan in connection with proposed
enlargement of TIRZ No. 1 boundaries — S. Livingston
The public hearing was opened at 6:20 P.M.
Economic Development Coordinator Scott Livingston presented a summary.
Jeff Anderson, Beazer Homes, addressed Council and advised the proposed homes are 2200-2300
square feet on average and are valued from $196,000.00-$200,000.
Councilmember Zemanek commented he has concerns with the proposed information and feels
people are being misled with the information given.
Councilmember Martin commented Beazer is a good builder with a nice product.
Paul Groman provided information regarding projects in various cities with Beazer Homes and the
good quality of the homes being built. Mr. Groman also added if the home cost of $175,000.00 is
not achieved, it is a tremendous financial loss due to not being able to obtain the TIRZ incentives.
It is to their advantage to ensure homes are sold at $175,000 and above.
Councilmember Zemanek read the agenda request and commented his concern was a proposed
subdivision with 73 homes starting at $175,000.00. Mr. Groman responded with 14 neighborhoods
complete and 7 more in process, the numbers are achievable, plus a good margin.
Ken Schick, 4105 Crawford Rd., Spicewood TX, addressed Council as the landowner of the 32
acres and requested the entire piece of property be approved into the TIRZ.
Robert Guerra, 342 Joshway, addressed Council and requested the item be tabled until it can be
researched.
David Janda, 412 Spencer Landing East, addressed Council also in favor of postponing the item.
Economic Development Coordinator Scott Livingston advised the Tax Increment Reinvestment
Zone No. 1 Board of Directors recommended enlarging the boundaries of TIRZ No. 1, City of La
Porte, Texas.
The public hearing was closed at 6:42 p.m.
(b) Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ
No. 1, City of La Porte, Texas — S. Livingston
Councilmember Zemanek moved to table Items 7b, c, e, and g until the December 9, 2013, Council
meeting. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek,
Leonard and Moser
Nays: Councilmembers Clausen and Martin
Absent: Councilmember Mosteit
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(c) Consider approval or other action regarding an Ordinance accepting and adopting the
amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan — S. Livingston
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(d) Public Hearing to receive comments regarding recommendation by the Planning and
Zoning Commission to approve an update to the Future Land Use Plan component of the
Comprehensive Plan of the City of La Porte to change future land use classification for tract
located northwest of Sens Road and Spencer Highway from commercial to low -density
residential — T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(e) Consider approval or other action regarding an Ordinance adopting an update to the Future
Land Use Plan component of the Comprehensive Plan of the City of La Porte to change
future land use classification for tract located northwest of Sens Road and Spencer
Highway, from commercial to low -density residential — T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(f) Public Hearing to receive comments regarding recommendation by the Planning and
Zoning Commission to approve Rezone Request # 13-92000002, for the rezoning of a
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway, from
General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(g) Consider approval other action regarding an Ordinance amending Chapter 106 "Zoning" of
the Code of Ordinances of the City of La Porte by changing the zoning classification of a
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from
General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
8. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a) Consider approval or other action awarding bid # 13023 to Aztec Remodeling and
Landscape in the amount of $195,082.00 and adding an additional $25,000.00 for
contingency for a total project budget of $220,082.00 for new Fire Station No. 1 — D.
Ladd/R. McPhail (Postponed at the October 14, 2013, meeting until October 28, 2013,
meeting.)
Assistant Fire Chief Donald Ladd presented a summary.
Councilmember Moser questioned if the lighting for the parking lot has been resolved. Assistant
Fire Chief Donald Ladd responded the lighting was in the pricing of the bid. Mr. Ladd and staff will
look at additional lighting to match the Fire Station better which will tie into that on San Jacinto.
Mr. Ladd also added there is decorative lightning that matches the Fire Station, and no cheap box
lighting will be used. Councilmember Moser asked if it will address the concern of the neighbors
on the south side of the Fire Station. Mr. Ladd responded the lightning concern is being looked at
by staff, and bids have been received; but it is not a part of this project. Mr. Ladd also added
money is set aside for the project, and staff is working to make sure the lights will tie in with the low
voltage in order for all of the lights to come on at the same time.
Councilmember Moser moved to approve the award bid #13023 as presented by staff.
Councilmember Kaminski seconded. MOTION PASSED.
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October 28, 2013, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Mosteit
(b) Consider approval or other action authorizing the Fire Department to place an order for the
third fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety
equipment — D. Ladd
Assistant Fire Chief Donald Ladd presented a summary.
Councilmember Engelken moved to authorize the Fire Department to place an order for the third
fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety equipment as
presented by staff. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: Councilmember Mosteit
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding Quarterly Report on Planning Audit — T. Tietjens
Planning Director Tim Tietjens presented a summary.
City Manager Corby Alexander advised Council the Quarterly Report on the Planning Audit is to let
Council know where staff is on implementing recommendations that were generated during the
audit.
Councilmember Zemanek commented he doesn't recall discussing a mission statement. Planning
Director Tim Tietjens advised the department updated its mission statement, guiding principles and
primary objectives.
Councilmember Moser asked why the change of the department name. Mr. Tietjens responded
Planning and Development more accurately reflects the services provided.
(b) Discussion or other action regarding adoption of a City Council policy regulating publication
of Councilmember(s)-specific newsletters — Mayor Rigby
Mayor Rigby presented a summary and advised if the practice of distributing individual Council
newsletters continues, a policy should be considered in regards to publishing close to election
dates and the proper use of taxpayers' dollars.
Councilmember Engelken commented when he sent out a newsletter four years ago, it was sent to
address a specific need; and if a policy is adopted, it should specify that if a certain need arises, it
can be addressed after being brought to Council for approval.
Councilmember Leonard commented he is not in favor of limiting a quarterly report to two districts
and would rather have it open for all of Council due to some districts may have very limited news
available. Councilmember Leonard then questioned if news becomes available in between
quarterly newsletters, can another newsletter be issued in case of an emergency? Assistant City
Manager Traci Leach responded it is up to Council; and whatever they wish to do in regards to a
policy, staff will comply.
Councilmember Zemanek commented the newsletter can be generic for the entire city and not
Council specific with pictures but maybe a picture of the entire Council.
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Councilmember Engelken commented he agreed each Councilmember could have a page in the
newsletter if they have news to report.
Mayor Rigby and Councilmember Kaminski agreed with having a quarterly newsletter.
Councilmember Leonard commented all of Council will have input for the newsletter, and names
are unimportant.
Council agreed on a quarterly newsletter consisting of news for the entire city, and staff will come to
Council for approval of any district -specific newsletter.
No policy was adopted.
10. REPORTS
(a) Receive report of Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee which took place at a
meeting held just prior to this council meeting.
(b) Receive report from Perdue Brandon of Delinquent Tax accounts — K. Powell
Jason Bailey with Perdue Brandon provided a report of Delinquent Tax accounts.
Councilmember Leonard questioned how the Debakey property will be settled. Mr. Bailey advised
the probate will be reviewed to see if a specific Debakey own the property or if all of the heirs will be
sued.
Councilmember Zemanek questioned if the 52 properties are the only ones with delinquency
issues, and will the other delinquent properties be resolved in the fiscal year. Mr. Bailey responded
no. Councilmember Zemanek questioned what happened to the delinquent reports dating back
from 1986 to present. Mr. Bailey responded City reports indicate rolls that have already gone
through the process and have been struck off but continue to appear until they have been sold.
Councilmember Moser questioned if the 12 25-foot lots were inventory. Mr. Bailey responded no,
they are not in suit or inventory of the City and have not been put into with litigation.
Mayor Rigby asked Council if they wanted the firm to expedite the properties that are marketable.
All of Council was in agreement.
Councilmember Zemanek advised he would like the firm to proceed with Tax Account I.D. # 933,
871, and 137 that have marketable issues. Mr. Bailey informed the firm can only foreclose on
41.62% interest of the property of Tax Account I.D. # 933 because the other interest is undivided
interest and is not delinquent. Mr. Bailey added the City would not be able to transfer 100%
ownership in the interest and would not be able to sell or own the entire piece of property.
Councilmember Zemanek advised he would still like the firm to proceed.
Mayor Rigby asked Council if they all agreed to expedite the nine properties and accomplish what
can be done with the 22 properties, confirm with the neighbors on the single lots with notice
and include the three lots Councilmember Zemanek would like to be included. All of Council
agreed.
(c) Receive Delinquent Tax Report — T. Leach
Assistant City Manager Traci Leach provided a Delinquent Tax Report and asked Council if they
would like to continue receiving the report. Council advised they would like to continue receiving the
report once a month, including the delinquent taxes that are paid.
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11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Development Corporation Board Meeting, Monday November 11, 2013
• City Council Meeting, Monday, November 11, 2013
• Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013
• City Council Meeting, Monday, December 9, 2013
• La Porte Development Corporation Board Meeting, Monday December 9, 2013
City Manager Corby Alexander congratulated the Finance Department for receiving the GFOA
Popular Reporting Award, the Distinguished Budget Award and the Distinguished Financial
Reporting Award. Mr. Alexander expressed his appreciation to the Finance Department.
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 — Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken,
Mosteit, Clausen, Martin, and Mayor Rigby.
Councilmember Moser congratulated Finance Director Michael Dolby and staff, the "Employees of
the (Third) Quarter" Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells'
presence will be missed; Councilmembers Kaminski, Zemanek, Leonard and Engelken
congratulated Finance Director Michael Dolby and staff, the "Employees of the (Third) Quarter'
Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells' presence will be missed,
and commented the Gala at Sylvan Beach Pavilion was a wonderful event; Councilmember
Clausen congratulated Finance Director Michael Dolby and staff, the "Employees of the (Third)
Quarter' Chris Muska, Chris Gaitan and Jeff Ellison and wished Nicola Wells the best during her
retirement and future endeavors, apologized for not being able to attend the Gala at Sylvan Beach
Pavilion and commended the Police Department for their work during the Shelter In Place last
Friday; Councilmember Martin commented he attended the ribbon cutting and the Gala at Sylvan
Beach Pavilion, congratulated the Groundbreaking for the Animal Shelter, congratulated Nicola
Wells on her retirement, advised everyone about the Thanksgiving Day Meal that will be held at the
Neighborhood Center and sent a shout out to Denny Lundy for a job well done; and Mayor Rigby
wished Nicola Wells well in her retirement and commended the individuals who organized the Gala
at Sylvan Beach Pavilion.
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 551.071 (2) — Consultation with City Attorney: Meet with City
Attorney, City Manager and Municipal Court Judge to discuss Municipal Court 2013 Assessment
Report.
City Council recessed the regular meeting to convene an executive session at 7:45 p.m. to meet
with the City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court's 2013
Assessment Report
14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:45 p.m.
City Council received an executive summary of the Municipal Court audit and the changes
implemented during the audit and received legal advice.
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15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
8:47 p.m. Councilmember Leonard seconded. MOTION PASSED.
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