HomeMy WebLinkAbout2014-05-12 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
MAY 12, 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, May 12, 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:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Kaminski, Clausen, Mosteit, Engelken, Zemanek, Moser and Martin. Council
absent: Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager
Corby Alexander, and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Shane Klinkerman, First Assembly of God Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Mayor Louis Rigby.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognitions — Employees of the First Quarter — Mayor Rigby
Mayor Rigby recognized Lieutenant Tammy McBeath and Detective Danny Jones as Employees of
the First Quarter.
(b) Proclamation — Russell Ybarra Day — Mayor Rigby
Mayor Rigby presented Russell Ybarra with a proclamation.
(c) Proclamation — Emergency Medical Services Week — Mayor Rigby
Mayor Rigby presented the Emergency Medical Services Week proclamation to Chief Ray Nolen
and the Emergency Medical Services Department.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Randa Childers, 10614 North Avenue L, addressed Council with concerns of construction debris at
the Lomax Rodeo Arena and requested advice on how to get the facility ready for a barrel racing
rental for a six day event. Ms. Childers also thanked Council for the renovations at Lomax Arena.
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 special city council meeting
held on April 12, 2014 and the minutes of the regular city council meeting held on April 28,
2014. — P. Fogarty
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May 12, 2014, Council Meeting Minutes
(b) Consider approval or other action ratifying the appointment of Lindsay Pfeiffer as chair of
the Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary
of the effective May 24. — P. Fogarty
(c) Consider approval or other action regarding a Resolution authorizing the resale of certain
tax delinquent property located in Block 15, Town of La Porte — K. Powell
(d) 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 — K. Powell
(e) Consider approval or other action regarding a Resolution authorizing the Mayor to execute a
Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15,
Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of
providing construction sites for two affordable homes — T. Tietjens
(f) Consider approval or other action amending the Fiscal Year 2013-2014 Budget to include
an expenditure of $15,000.00 for Whelen Tower repair and maintenance — J. Suggs
Councilmember Clausen moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek,
Kaminski, Mosteit, Moser and Martin
Nays: None
Absent: Councilmember Leonard
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the following ordinance:
Ordinance 2014-3518: AN ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 19
AND 20 OF BLOCK 71, BAYFRONT TO LA PORTE, AND LOTS 14 AND 15 OF BLOCK 127, 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 FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
7. AUTHORIZATIONS
(a) Consider approval or other action regarding an Ordinance amending Chapter 82 of the
Code of Ordinances to enact local amendments to the International Residential Code and
International Building Code, related to wind design speed rating for residential structures —
B. Eng
City Engineer Bob Eng presented a summary.
Mayor Rigby questioned whether the amendment is going to cost more money to build a home.
City Engineer Bob Eng responded no.
Councilmember Zemanek questioned if the amendment ' will be clear to contractors. Mr. Eng
responded yes. Councilmember Zemanek questioned the protection of the homes being built at
Lakes of Fairmont Green. Mr. Eng responded he is not sure, but he said they are probably using
the 2009 formulas.
Councilmember Martin questioned if a citizen would be grandfathered if a home was originally built
to the 2012 standards and later the citizen decides to renovate or add on to the home. Planning and
Development Director Tim Tietjens responded an addition will be held to the new standards.
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May 12, 2014, Council Meeting Minutes
Councilmember Moser moved to amend Chapter 82 of the Code of Ordinances to enact local
amendments to the International Residential Code and International Building Code related to wind
design speed rating for residential structures as recommended by Staff. Mayor Rigby seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski,
Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: Councilmember Leonard
Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3519: AN ORDINANCE
AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO
WIND DESIGN SPEED RATING FOR RESIDENTIAL STRUCTURES; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANER AND UPON CONVICTION SHALL BE FINDED IN A SUM NOT TO EXCEED
TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
(b) Consider approval or other action regarding an appointment to fill the vacancy in the Zoning
Board of Adjustment Alternate Position 1 — P. Fogarty
City Secretary Patrice Fogarty presented summary.
Councilmember Moser moved to appoint Nettie Warren to fill the vacancy in the Zoning Board of
Adjustment Alternate Position 1. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski,
Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: Councilmember Leonard
Council directed Staff to place an item on a future agenda to fill the vacancy in the Zoning Board of
Adjustment Alternate Position 2.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding funding studies for the Ike Dike — C. Alexander
City Manager Corby Alexander presented a summary and advised surrounding cities are
contributing funding for the Ike Dike studies from anywhere between $1,000.00 - $250,000.00.
Councilmember Moser commented the City should contribute funding.
Councilmember Engelken questioned if the City had visited with Houston -Galveston Area Council
on their position on the Ike Dike studies and suggested staff approach FEMA for contributions.
Councilmember Martin questioned City Manager Alexander if there is a designated fund should the
City decided to contribute. Mr. Alexander responded a contribution of $10,000 or below would come
from the General Fund. Councilmember Martin commented he is in favor of contributing.
Mayor Rigby agreed with both Councilmembers Martin and Engelken and commented he wants a
caveat in that the City would be reimbursed its contributed amount if the project is fully funded by
other agencies.
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May 12, 2014, Council Meeting Minutes
Councilmember Moser moved to contribute $10,000.00 toward the Ike Dike studies with a caveat
for reimbursement as suggested. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski,
Engelken, Zemanek; Mosteit and Martin
Nays: None
Absent: Councilmember Leonard
(b) Discussion or other action regarding proposed budget items for the Fiscal Year 2015 Budget
— T. Leach
Assistant City Manager Traci Leach presented a summary.
Regarding Safe Sidewalk Program Phasing, Mayor Rigby questioned if there are sufficient funds for
the Safe Sidewalk Program or will it go into reserves. City Manager Corby Alexander responded
yes, it will go into reserves.
Councilmember Zemanek commented the Water Department's needs are more important than a
sidewalk.
Regarding Council Chamber Improvements, Councilmember Martin commented he would be in
favor of improvements for individuals in the audience vs. improvements to the dais.
Councilmember Zemanek commented Council Chambers, as is, is sufficient in his eyes.
Councilmember Martin suggested moving forward with cameras and TV monitors to enhance
audience experience.
City Manager Corby Alexander advised the total cost for improvements is $57,000.00, excluding
new chairs.
Council directed staff to come back to Council with chairs included in a renovation budget.
Regarding Tourism Initiatives, Mayor Rigby commented Jake Worthington may not be available for
a concert, but he would be a popular event.
Council directed staff to continue looking at a Jake Worthington Concert and Mardi Gras on Main
Street events.
9. REPORTS
(a) Receive report of La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken provided a report from the La Porte Development Corporation Board
meeting which was held prior to the Council meeting.
10. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• Planning and Zoning Commission Meeting, Thursday, May 15, 2014
• Memorial Day Observed, Monday, May 26, 2014
• La Porte Development Corporation Board Meeting, Monday, June 9, 2014
• City Council Meeting, Monday, June 9, 2014
• City Council Meeting, Monday June 23, 2014
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City Manager Corby Alexander reminded Council of the Plant Manager's Breakfast at 7:30 a.m. at
the Gates the next following morning and advised he will follow-up with Ms. Childers' concerns
regarding the Lomax Rodeo Arena.
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, Leonard, Engelken, Mosteit Clausen, Martin,
Moser, Kaminski, Zemanek and Mayor Rigby.
Councilmember Engelken congratulated the employees of the First Quarter, Russell Ybarra for all
his good works in the City, and the Emergency Medical Services Department for receiving
proclamations, La Porte Independent School District for the passing of the Bond Election, Phillip
Hoot for being elected to Trustee, Position 3, Councilmembers Clausen and Kaminski for being
re-elected and thanked Councilmember Mosteit for his years of service to the City; Councilmember
Mosteit recognized the City employees on their recognitions tonight during the meeting, thanked all
the City employees, present and former mayors and councilmembers and citizens in La Porte;
Councilmember Clausen congratulated the employees of the First Quarter, Russell Ybarra, and the
Emergency Medical Services Department for receiving proclamations and thanked Councilmember
Mosteit for his services to the City; Councilmember Martin congratulated Danny Earp and Phillip
Hoot on their election win, congratulated the employees of the First Quarter, Russell Ybarra and the
Emergency Medical Services Department for receiving proclamations, thanked City Secretary
Patrice Fogarty and her staff for conducting the election and Recreation Therapist Jeff Brown for his
hard work and the nice Special Olympics Banquet he attended, and commented it was a pleasure
to serve with Councilmember Mosteit and wished him the best; Councilmember Moser thanked
Councilmember Mosteit for his years of services, congratulated the employees of the First Quarter,
Russell Ybarra and the Emergency Medical Services Department for receiving proclamations;
Councilmember Kaminski thanked Councilmember Mosteit for being wonderful to work with;
Councilmember Zemanek extended recognitions to employees of the First Quarter, Russell Ybarra
and the Emergency Medical Services Department for receiving proclamations, commented it was a
pleasure to serve with Councilmember Mosteit, wished him the best and also commented he looks
forward to working with Danny Earp in the future; and Mayor Rigby commended Lieutenant Tammy
McBeath and Detective Danny Jones for their dedication of a conviction to a cold case homicide in
La Porte, thanked Russell Ybarra for his continuous contributions to the City and the Emergency
Medical Services Department for their hard work, thanked Councilmember Mosteit for 12 years of
service and his wife, Carol Mosteit, for allowing her husband to serve the community. Mayor Rigby
also congratulated Danny Earp and Phillip Hoot on their win.
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 551.072— Deliberation regarding the purchase, exchange,
lease or value of real property: Discuss contract of sale for former Parks and Wildlife Building
Texas Government Code, Section 551.072— Deliberation regarding the purchase, exchange,
lease or value of real property: Discuss appraisal, purchase offer for City Airport Property.
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: Corby Alexander, City Manager.
City Council recessed the regular Council meeting to convene an executive session at 7:31 p.m. to
consult with Attorney to discuss contract of sale for former Parks and Wildlife Building and
deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer or employee: Corby Alexander, City Manager. Regarding the
executive session pertaining to Section 551.072, deliberation regarding the purchase, exchange,
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May 12, 2014, Council Meeting Minutes
lease or value of real property: Discuss appraisal, purchase offer for City Airport Property, this item
was removed from discussion by the City Manager.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened into the regular Council meeting at 8:10 p.m.
Regarding the executive session pertaining to Section 551.072, Deliberation regarding the
purchase, exchange, lease or value of real property: Discuss contract of sale for former Parks and.
Wildlife Building, Council received a report from the City Manager.
Councilmember Moser moved to extend the current agreement with Leopard Realty until June 30,
2014, at which time closing must have happened. If not, the property will be placed back on the
market; and earnest money will not be returned. Councilmember Martin seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski,
Engelken, Zemanek, Mosteit and Martin
Nays: None
Absent: Councilmember Leonard
Regarding the executive session pertaining to Section 551.072, Deliberation regarding the
purchase, exchange, lease or value of real property: Discuss appraisal, purchase offer for City
Airport Property, this item was removed from discussion by the City Manager.
Regarding 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: Corby Alexander, City Manager, Council received information
regarding the audit of Public Works and the APWA's recommendation of the self audit. Council
directed staff to continue looking for an outside agent to review the audit.
14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:12
p.m. Councilmember Zemanek seconded. MOTION PASSED.
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May 12, 2014, Council Meeting Minutes