HomeMy WebLinkAbout2014-02-10 Regular Meeting of La Porte City CouncilLOUIS 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
FEBRUARY 10, 2014
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Mayor Pro Tern
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, February 10, 2014, 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, Clausen, Mosteit, and Martin. Absent:
Councilmember 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 Don Hill, La Porte Inter Church Council.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Mosteit.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition — "Employee of the (Fourth) Quarter" — Martin Lucio (Meter Reader
Supervisor) — Mayor Rigby
(b) Recognition —"Employee of the Year„ — Christopher Brooks (Solid Waste Worker) — Mayor
Rigby
(c) Recognition — "Manager of the Year" — Ray Nolen (EMS Chief) — Mayor Rigby
Mayor Rigby recognized Martin Lucio as "Employee of the (Fourth) Quarter," Christopher Brook as
"Employee of the Year," and EMS Chief Ray Nolen as "Manager of the Year."
6. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council regarding trucks and trailers in the City and
commented that restricting the legal activity of truckers should not be commended. In addition, Mr.
Rosa commented the City will be facing more truck traffic when the canal opens; and serious
consideration should be given toward attitudes in regards to the trucking industry.
Phillip Dunn, 701 San Jacinto St., addressed Council in support of trucking and suggested the two
issues of parking and traffic be the focus on what the City is trying to achieve with the professional
truck study. Mr. Dunn also informed Council that he is a former trucker, and impeded traffic flow
can be a problem. The road conditions on the main roads and speed limits for truckers are good in
La Porte, and the City would be well served if the lights were synchronized on Fairmont Parkway.
Ronda Lunsford, 10280 N. H St., addressed Council stating her opposition to adding bucking
chutes to Lomax Arena and proposed redoing wash racks if the City has additional funding.
Joe Smith, 10802 N. H St., addressed Council in favor of bucking chutes at Lomax Arena.
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Nolan Allen, 10730 N. H St., unable to attend in person, addressed Council by providing a letter to
Council which Mayor Rigby read in favor of bucking chutes.
Rick Dean, 205 Spencer Landing West, President of the La Porte Livestock Show and Rodeo
Association, addressed Council on behalf of the association and thanked Council for the
improvements to Lomax Arena and asked Council to move forward with the arena being an
all-around facility for everyone. Mr. Dean also informed the association would like to see the arena
be available for events that raise money for the Livestock Show and Cook -off and other activities.
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 city council meeting
held January 27, 2014 — P. Fogarty
(b) Consider approval or other action authorizing the City Manager to execute an Interlocal
Water Service Agreement and an Interlocal Sanitary Sewer Service Agreement with San
Jacinto College District for its proposed Maritime Campus — T. Tietjens
(c) Consider approval or other action authorizing the City Manager to execute a Memorandum
of Agreement with the Fairmont Park HOA for a Community Cooperation Project
(installation of electrical and irrigation at two entryways) for a total City contribution of
$5,000.00 — T. Leach
(d) Consider approval or other action authorizing the City Manager to enter into a Professional
Service Contract with Dunham Engineering, Inc., in the amount of $15,000.00 for design
and construction services associated with repainting the interior of the 0 Street Water
Tower — D. Mick
(e) Consider approval or other action authorizing the City Manager to enter into a Professional
Service Contract with Cobb, Fendley and Associates, Inc., for the design, bidding and
construction phase services for reconstructing roadway segments of Catlett, Belfast and
Pineybrook with a total authorization of $145,000.00 including a $7,500.00 contingency —
D. Mick
Regarding Item E, Councilmember Martin questioned the access of properties for handicapped
citizens who live on Catlett. Public Works Director Dave Mick responded that a public meeting will
be held to reach out to property owners regarding the project and to listen to concerns with the
infrastructure and access abilities, which will be investigated and worked into the project.
Councilmember Engelken moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Kaminski,
Zemanek, Mosteit, Martin and Leonard
Nays: None
Absent: Councilmember Moser
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the following ordinances:
Ordinance 2014-3507: AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL WATER
SERVICE AGREEMENT AND INTERLOCAL SANITARY SEWER SERVICE AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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7. AUTHORIZATIONS
(a) Consider approval or other action regarding proposed TIRZ Development Agreement
between the City of La Porte, La Porte Redevelopment Authority, Reinvestment Zone No. 1,
and Beazer Homes Texas, LP — S. Livingston (Postponed at the October 28, 2013;
December 9, 2013, and January 27, 2014, meetings until February 10, 2014, meeting.)
Economic Development Coordinator Scott Livingston presented a summary. Mr. Livingston
advised Beazer Homes has agreed to enter into a four-way development agreement among the
following entities: Beazer Homes Texas LP, the La Porte Redevelopment Authority, Reinvestment
Zone Number One, and City of La Porte. In order to address the concerns of the residents of
Spencer Landing regarding the square footage and appearance of the Beazer product, Beazer has
agreed to some restrictions within the TIRZ Development Agreement that would require: (1)
100 percent masonry on the front first floor elevation, with 50 percent along the sides; (2) the
investment of approximately $2,097,297. in public improvements; and (3) that the cumulative,
average sales price (documented at the time Developer sells a finished home to an initial end -user)
of all homes within the Project Site is not less than $175,000.00.
Councilmember Martin questioned the representative of Beazer, Jeff Anderson, Vice -President of
Land Acquisition and Development, and asked what is the percentage of buyers that upgrade their
homes. Mr. Anderson responded the majority is greater than 75 percent. Councilmember Martin
questioned how much more would be spent in addition to the list price of the home. Mr. Anderson
responded upgraded options range from $10,000.00-$15,000.00. Councilmember Martin
questioned the lowest price of a home in the proposed subdivision. Mr. Anderson responded the
base starting price is in the $160's, the average is $175,000.00; and the high end is north of
$200,000.00.
Councilmember Zemanek asked how long Beazer Homes has been working on the project.
Mr. Anderson responded 9-12 months. Councilmember Zemanek asked why isn't there a
published value for the five home plans. Mr. Anderson responded there will not be a published
value until the community is ready to open up. Councilmember Zemanek commented he has never
driven into a subdivision and seen a sign that says, "We average $175,000.00." They always say
from the $150,000's, $180,000's, $210,000's, etc.
Councilmember Clausen moved to approve the TIRZ Development Agreement between the City of
La Porte, La Porte Redevelopment Authority, Reinvestment Zone No. 1, and Beazer Homes Texas,
LP. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Kaminski,
Mosteit, Martin and Leonard
Nays: Councilmember Zemanek
Absent: Councilmember Moser
(b) Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ
No. 1, City of La Porte, Texas — S. Livingston (Postponed at the October 28, 2013;
December 9, 2013, and January 27, 2014, meetings until February 10, 2014, meeting.)
Economic Development Coordinator Scott Livingston presented a summary.
Councilmember Clausen moved to approve Ordinance 2014-3608 enlarging the boundaries of
TIRZ No. 1, City of La Porte, Texas. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Kaminski,
Mosteit, Martin and Leonard
Nays: Councilmember Zemanek
Absent: Councilmember Moser
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(c) Consider approval or other action regarding an Ordinance accepting and adopting amended
TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan — S. Livingston
(Postponed at the October 28, 2013; December 9, 2013, and January 27, 2014,
meetings until February 10, 2014, meeting.)
Economic Development Coordinator Scott Livingston presented a summary.
Councilmember Clausen moved to approve Ordinance 2014-3509 accepting and adopting
amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan. Councilmember
Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Kaminski,
Mosteit, Martin and Leonard
Nays: Councilmember Zemanek
Absent: Councilmember Moser
(d) Consider approval or other action regarding Bid# 14011 for Generators and Switchgear in
the amount of $1,396,407.00 to C.F. McDonald — D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Martin questioned if there is a resale value for the generator at city hall. Public
Works Director Dave Mick responded there may be some salvage value through the auction
process.
Councilmember Zemanek moved to approve award Bid # 14011 for Generators and Switchgear in
the amount of $1,396,407.00 to C.F. McDonald. Councilmember Martin seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Clausen, Kaminski,
Zemanek, Mosteit, Martin and Leonard
Nays: None
Absent: Councilmember Moser
8. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) 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 (Postponed at the October 28, 2013; December 9, 2013, and
January 27, 2014, meetings until February 10, 2014, meeting.)
The public hearing was opened at 6:54 p.m. Planning and Development Director Tim Tietjens
presented a summary.
Rick Helton, Spencer Landing Homeowners' Association Vice President, 345 Josh Way, addressed
Council in opposition to the homes being built by Beazer Homes Texas, LP. Mr. Helton commented
on a letter from Beazer Homes dated November 19, 2013, and advised the letter contained sales
projections with inaccurate information regarding Spencer Landing subdivision. There were only
139 homes counted, and 73 homes were ignored. Mr. Helton commented he feels none of the
Beazer Homes projections can be trusted. Mr. Helton advised Spencer Landing Homeowners'
Association is not opposed to residential development, just this plan.
David Janda, 3601 East Desert Dr., addressed Council in opposition to rezoning of the property.
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February 10, 2014, Council Meeting Minutes
Lou Ann Martin, 1103 Oak Leaf, addressed Council in favor of Beazer Homes and the Future Land
Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use
classification for the tract located northwest of Sens Road and Spencer Highway from commercial
to low -density residential.
Mark Follis, 10501 Spencer Landing Ln., addressed Council and asked the community to ask
themselves, if they want the property developed for commercial or residential usage.
Robert Guerra, 342 Josh Way, addressed Council and commented he moved to La Porte for a
better quality of life and feels his subdivision will be adversely affected by the development of the
Beazer Homes.
Rick Dean, 205 Spencer Landing West, addressed Council and informed he purchased the first
home in Spencer Landing; and when Hampton Homes could not sell the homes as projected in the
subdivision, they began to lease them for one year; and the residents leasing did not take care of
the homes as did actual homeowners.
Nicole Havard, 341 Josh Way, addressed Council with concerns of congested traffic with a
subdivision being built off Sens Road which is a two-lane road.
Ken Schick, 4105 Crawford Rd., Spicewood, TX, addressed Council and thanked City Staff,
Planning and Zoning Commission, the TIRZ Board and City Council. Mr. Schick commented he
believes the best use of the property is to rezone for single family dwelling and that the
development will boost values in the area.
Jeff Anderson, 10235 W. Little York, Beazer Homes Vice -President of Land Acquisition and
Development, addressed Council with the concerns of the previous citizens. Mr. Anderson advised
Council the TIRZ agreement is to build homes no smaller than 1700 square feet, which is slightly
larger than the smallest home in Spencer Landing and no more than 36 percent of homes will be
below 2000 square feet, which matches Spencer Landing. Mr. Anderson agreed two sections of
Spencer Landing were missed when numbers were previously provided to Council, which dropped
the square footage a little bit in Spencer Landing; and he feels it was not pertinent to provide to
Council. The TIRZ agreement is based on an average sales price of $175,000.00. Mr. Anderson
advised Beazer Homes will not lease homes and advised they will be required to conduct a traffic
study before the neighborhood can be opened up.
The public hearing was closed at 7:22 p.m.
(b) (b) 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(Postponed at the
October 28, 2013; December 9, 2013, and January 27, 2014, meetings until February
10, 2014, meeting.)
Planning and Development Director Tim Tietjens provided a positive recommendation by the
Planning and Zoning Commission.
Councilmember Engelken questioned if there was a planned park for the development. Mr. Tietjens
responded a plat has not yet been submitted; but it is his understanding in the TIRZ Agreement
there will be a detention pond with amenities built around it. Mr. Anderson informed there are plans
for a small park, which is called a Tot Lot, with some recreational equipment. Councilmember
Engelken commented he will need a better detailed plan before voting.
Councilmember Leonard moved approve Ordinance 2014-3510 adopting an update to the Future
Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land
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February 10, 2014, Council Meeting Minutes
use classification for tract located northwest of Sens Road and Spencer Highway, from commercial
to low -density residential. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Kaminski,
Martin and Clausen
Nays: Councilmembers Engelken and Zemanek
Absent: Councilmember Moser
(c) 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 (Postponed at the
October 28, 2013; December 9, 2013, and January 27, 2014, meetings until February
10, 2014, meeting.)
The public hearing was opened at 7:25 p.m. Planning and Development Director Tim Tietjens
presented a summary.
There were no public comments. The public hearing was closed at 7:26 p.m.
(d) 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 (Postponed at the
October 28, 2013; December 9, 2013, and January 27, 2014, meetings until February
10, 2014, meeting.)
Planning and Development Director Tim Tietjens provided a positive recommendation by the
Planning and Zoning Commission.
Councilmember Leonard moved approve Ordinance 2014-3511 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. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Kaminski,
Martin and Clausen
Nays: Councilmembers Zemanek and Engelken
Absent: Councilmember Moser
9. REPORTS
(a) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken provided a report of the La Porte Development Corporation Board which
took place at a meeting held just prior to this council meeting and advised the next meeting will be
held March 24, 2014.
10. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One
Meeting, Wednesday, February 19, 2014
• City Council Meeting, Monday, February 24, 2014
City Manager Corby Alexander congratulated the three employees recognized during the meeting
and informed Council of signs that will be displayed at the Animal Shelter and at two other projects
this week. Mr. Alexander gave kudos to Jaree Hefner for the design work on the signs and the
Streets and Signs Department for their assistance getting the signs displayed.
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11. 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 Mosteit, Clausen, Martin, Moser, Kaminski,
Zemanek, Leonard, Engelken and Mayor Rigby.
Councilmember Mosteit congratulated the three employees recognized during the meeting and
encouraged Council, staff and the public to attend the Grand Opening of the Lomax Arena Park;
Councilmembers Clausen and Martin, congratulated the three employees recognized during the
meeting and thanked everyone for attending the meeting; Councilmember Kaminski congratulated
the three employees recognized during the meeting and thanked Ray Nolen for assisting her with
the citizen he went above and beyond to look after; Councilmember Zemanek congratulated the
three employees recognized during the meeting and commented in reference to other comments he
will continue to fight trucks in the Kroger and Burger King parking lots due to there being three truck
stops available in the City limits for rest, fuel and food; Councilmember Leonard congratulated the
three employees recognized during the meeting and thanked Ray Nolen for the hard work EMS
provides to the CERT teams during training classes. Councilmember Engelken congratulated the
three employees recognized during the meeting and thanked Public Relations and Marketing
Specialist Jaree Hefner for the outstanding work that has been noticed on the website; and Mayor
Rigby advised he attended the Ike Dike Coalition meeting and was advised after the meeting by
Commissioner Morman and Mr. Walden the Sens Road Widening Project will be going out for bid
by the end of the year with a completion date for the end of 2015. He also congratulated the three
employees recognized during the meeting.
12. EXECUTIVE SESSION: The City 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, including, but not limited to, the following:
Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated Litigation: Meet with
City Attorney to discuss Federal Highway Administration review of American Trucking Association
complaint against City of La Porte.
Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or
value of real property: Discussion regarding former Texas Parks and Wildlife building.
City Council recessed the regular meeting to convene an executive session at 7:34 p.m. to meet
with the City Attorney to discuss the Federal Highway Administration review of American Trucking
Association complaint against the City of La Porte and the sale of the former Texas Parks and
Wildlife building.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:17 p.m.
City Council received an update from the City Manager regarding the Federal Highway
Administration's review of American Trucking Association complaint against City of La Porte. There
was no contact by the FHA this past week.
Councilmember Zemanek moved to direct the real estate broker to go back to the three offers
regarding the former Texas Parks and Wildlife building and counter offer with a reduction in
feasibility study time and closing dates. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Kaminski,
Martin, Zemanek, Engelken, and Clausen
Nays: None
Absent: Councilmember Moser
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14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
8:18 p.m. Councilmember Leonard seconded. MOTION PASSED.
Passed and 0prbol February 24, 2014.
R. Rig
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