HomeMy WebLinkAbout2014-04-14 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
APRIL 14, 2014
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, April 14, 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 6:03 p.m. Members of Council present:
Councilmembers Kaminski, Clausen, Mosteit, Leonard, Engelken, Zemanek, Moser and Martin.
Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant
City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Dr. B. L. Worsham, Second Baptist Church of
La Porte.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Dottie
Kaminski.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Proclamation — Fair Housing Month in the City of La Porte — Mayor Rigby
Mayor Rigby presented the Fair Housing Month in the City of La Porte proclamation. Planning
Director Tim Tietjens accepted the proclamation.
(b) Proclamation — Safe Digging Month — Mayor Rigby
Mayor Rigby presented the Safe Digging Month proclamation to CenterPoint Operations
Supervisor, Charles Sybert.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., addressed Council with concerns of the City providing incentive
grants to businesses and suggested providing loans instead of incentive grants.
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 March 24, 2014 — P. Fogarty
Councilmember Clausen moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek,
Kaminski, Leonard, Mosteit, Moser and Martin
Nays: None
Absent: None
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April 14, 2014, Council Meeting Minutes
7. AUTHORIZATIONS
(a) Consider approval or other action regarding installation of permanent window coverings at
City Hall — J. Suggs
Emergency Management Coordinator Jeff Suggs presented a summary.
Councilmember Martin questioned the wind storm rating for the windows currently in the Council
Chambers. Mr. Suggs advised he could not say.
Councilmember Engelken moved to approve installation of permanent window coverings at City
Hall. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen,
Kaminski, Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: None
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the Council -appointed committee for the Truck Study —
C. Alexander
City Manager Corby Alexander presented a follow-up summary for establishing the
Council -appointed committee for the Truck Study. Mr. Alexander advised Council the City would
like to have the first meeting with the committee on Tuesday, April 29, 2014.
Mayor Rigby confirmed his nominee, Philip Dunn, is available to serve as a member for the Truck
Study on the citizen side.
Councilmember Martin questioned if the appointed members will be notified of their appointments
on the Truck Study Committee. City Manager Corby Alexander advised members will be contacted
and sent information.
City Council voted on the following nominations:
Charles Montgomery nominated by Councilmember Mosteit for the citizen side.
Richard Warren nominated by Councilmember Engelken for the citizen side.
David Brady for the business side and Jess Steger for the citizen side nominated by
Councilmember Martin.
Larry Stockham nominated by Councilmember Clausen for the citizen side.
John Kling nominated by Councilmember Zemanek on the citizen side.
Philip Dunn nominated by Mayor Rigby for the citizen side.
Phil Steelman for the trucking side and Maggie Anderson for the business side nominated by
Councilmember Kaminski.
Mark Follis nominated by Councilmember Moser for the citizen side.
Councilmember Engelken moved to approve the nominations. Councilmember Mosteit seconded.
MOTION PASSED.
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April 14, 2014, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen,
Kaminski, Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: None
Mayor Rigby requested staff to include any other nominations from Councilmembers Leonard and
Kaminski from the citizen side at the next Council meeting on April 28, 2014
(b) Discussion or other action regarding current and potential provisions of the ordinances
related to hotels/motels — T. Tietjens
Planning Director Tim Tietjens presented a summary for locations and placement standards
related to hotels/motels.
Mayor Rigby commented there is not a need for more hotels in the City.
Councilmember Clausen commented the City does not need more hotels if capacity is at 70 percent
on weekends.
Councilmember Martin commented if a nice hotel was proposed in the City, he would like to listen
for consideration.
Councilmember Zemanek commented he does not want a hotel butting up to a residential
neighborhood; but if corporate America thinks they can make money, he will not tell them they
cannot build a hotel.
Councilmember Mosteit commented hotels should be kept a respectful distance from
neighborhoods.
Mayor Rigby questioned if Council would like to send the item before the Planning and Zoning
Commission.
Councilmember Engelken moved to submit the item to the Planning and Zoning Commission for a
full recommendation to City Council in regards to hotel separation and distance from residential
neighborhoods. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen,
Kaminski, Engelken, Mosteit and Martin
Nays: Councilmember Zemanek
Absent: None
(c) Discussion or other action regarding a request to Harris County Flood Control District to
place the Pipeline Corridor Project on their five-year Capital Improvement Plan — T. Tietjens
Planning Director Tim Tietjens presented a summary regarding a request to Harris County Flood
Control District to place the Pipeline Corridor Project on their Five -Year Capital Improvement Plan.
Councilmember Mosteit suggested going forward with the project and recommends staff pursue it
as soon as possible.
Councilmember Mosteit moved forward a request to Harris County Flood Control District to place
the Pipeline Corridor Project on their Five -Year Capital Improvement Plan. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen,
Kaminski, Engelken, Mosteit, Zemanek and Martin
Nays: None
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April 14, 2014, Council Meeting Minutes
Absent: None
Mayor Rigby questioned if the meeting held a few years back with Exxon Pipeline Coalition had
resolved the drainage concerns and issues. Mr. Tietjens responded yes, the issues and concerns
during that time were resolved; and Exxon Pipeline Coalition advised if there are any other issues,
they are available to meet again for resolution.
(d) Discussion or other action to reschedule or cancel the May 26, 2014, Council meeting due
to the Memorial Day holiday — C. Alexander/P. Fogarty
City Secretary Patrice Fogarty presented this item regarding whether to cancel the May 26t' Council
meeting since it falls on Memorial Day or to reschedule it.
Councilmember Zemanek moved to cancel the May 26, 2014, Council meeting due to the Memorial
Day holiday. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen,
Kaminski, Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: None
9. REPORTS
(a) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Clausen reported the La Porte Development Corporation Board discussed
Workforce Development Programs, approved an incentive grant to Rob Johnson Interests for a new
retail development, and advised the next meeting is scheduled for April 28, 2014, immediately after
the Fiscal Affairs meeting.
(b) Receive report of La Porte Development Corporation Board — Councilmember Engelken
10. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• City Council Meeting, Monday, April 28, 2014
• Fiscal Affairs Committee Meeting, Monday, April 28, 2014
City Manager Corby Alexander introduced the new employees, City Engineer, Bob Eng and City
Planner, Eric Ensey.
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 Kaminski, Zemanek, Leonard, Engelken, Mosteit
Clausen, Martin, Moser, and Mayor Rigby.
Councilmember Kaminski commented she attended the La Porte Livestock Show and Auction and
had a great time; Councilmembers Engelken and Martin welcomed the new employees;
Councilmember Mosteit welcomed the new employees and commented he also attended the
La Porte Livestock Show and Auction; Councilmember Clausen welcomed the new employees,
commented he also attended the La Porte Livestock Show and Auction and received many
favorable comments on the new facility; Councilmember Moser thanked the City and the Planning
Director Tim Tietjens for recognizing the Civil Rights Act of 1964 by attending the Fair Housing
Month Speaker Forum and Training Program; and Mayor Rigby welcomed the new employees and
recognized Judge Denise Mitrano and the Municipal Court for receiving an award during the
Municipal Court Safety Traffic Award Ceremony he attended; he also acknowledge Dennis Paul
and thanked him for attending the meeting.
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10. 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) — Consultation with Attorney; Pending or
Contemplated Litigation — Everado Garza vs. City of La Porte.
Texas Government Code, Section 551.074 — Personnel Matters: Deliberation concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City Secretary and
Corby Alexander, City Manager.
City Council recessed the regular Council meeting to convene an executive session at 6:53 p.m. to
consult with Attorney regarding Pending or Contemplated Litigation — Everado Garza vs. City of
La Porte; and Personnel Matters concerning the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or
employee requests a public hearing: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City
Secretary; and Corby Alexander, City Manager. See action taken under Item 11, below.
11. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened into the regular Council meeting at 9:28 p.m.
Regarding the executive session pertaining to Section 551.071 (1)(a), Consultation with Attorney;
Pending or Contemplated Litigation — Everado Garza vs. City of La Porte, Council received a report
from the City Manager and Assistant City Attorney, Clark Askins, and gave direction to the City
Manager to contact Congressmen and Senators to get a ruling from Federal Transportation Agency
released. Assistant City Attorney Clark Askins is to talk with the opposing attorney regarding
dismissing without prejudice to hear the FTA's ruling and/or find a law firm that deals with
transportation issues and began working on an answer to the lawsuit in case the other plans do not
come to pass.
Councilmember Clausen moved to give direction to the City Manager to contact Congressmen and
Senators to get a ruling from Federal Transportation Agency released. Assistant City Attorney Clark
Askins is to talk with the opposing attorney regarding dismissing without prejudice to hear the FTA's
ruling and/or find a law firm that deals with transportation issues and began working on an answer
to the lawsuit in case the other plans do not come to pass. Councilmember Leonard seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Mosteit, Kaminski,
Martin, Zemanek, Leonard, Engelken, and Clausen
Nays: None
Absent: None
Regarding the executive session pertaining to Section 551.074, Personnel Matters: Deliberation
concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City
Secretary and Corby Alexander, City Manager.
Councilmember Leonard moved to increase Municipal Court Judge Denise Mitrano's salary by 4
percent; and provided goals and objectives to Patrice Fogarty, City Secretary, and Corby
Alexander, City Manager. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Mosteit, Kaminski,
Martin, Zemanek, Engelken, Leonard and Clausen
Nays: None
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April 14, 2014, Council Meeting Minutes
Absent: None
12. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
9:30 p.m. Councilmember Zemanek seconded. MOTION PASSED.
Patrice Fogarty, Cy ecret
Passed r don April 28, 2014.
Ma or ouis R. Ri by
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April 14, 2014, Council Meeting Minutes