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HomeMy WebLinkAbout2014-08-25 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Mayor Pro Tem Councilmember At Large B DANNY EARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 25, 2014 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 25, 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 6:02 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Earp, Engelken, Zemanek, Moser and Martin. Councilmember Absent: Councilmember Leonard. Also present were Assistant City Secretary Sharon Harris, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. 3. 4. INVOCATION - The invocation was given by Dee Spears, Fairmont Park Church. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition — Retirement of Stephen Barr (Parks and Recreation Director) — Mayor Rigby Mayor Rigby recognized Stephen Barr for twenty years of service as the Parks and Recreation Director for the City of La Porte and wished him well in his retirement. Stephen Barr spoke kind words and thanked everyone for allowing him to serve the City. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Steve Clark, 2601 S. Broadway #58, addressed Council with concerns of lack of proper payment for utility services from Pelican Bay Association. Mr. Clark advised Council the Board members acknowledge the underpayment and he requested it be resolved by the City. Daniel Pring, 21 North Forrest Ave., addressed Council with concerns of safety in his neighborhood due to the lack of street lighting and speed bumps. Mr. Pring also advised Council of an accident in the neighborhood caused by a drunk driver. Patricia Rothermel, 2601 S. Broadway #32, addressed Council to defend her character as a business owner, citizen and Treasurer of Pelican Bay Association. Ms. Rothermel advised Council of a resident of Pelican Bay attempting to publicly defame her character. Bill Manning, 108 S. 2nd St., thanked the City for the Main Street Town Hall Meeting and expressed concerns of electronic signage on Hwy 146 not being considered in the upcoming budget year. Kathryn Aguilar, 3119 Fondren, thanked Council for the considering the Street Overlay Project and advised of the need to enforce code violations in her Bayside Terrace community. Page 1 of 5 August 25, 2014, Council Meeting Minutes Virginia Pierson -Turner, 231 Bayside, addressed Council and thanked them for considering the Street Overlay Project and requested culverts and drainage also be observed during the repairs in her Bayside Terrace Community. Don Berkemeyer, 3111 Fondren, addressed Council as a Board member of the Bayside Terrace Civic Club and thanked them for considering the Street Overlay Project in the community. Aubry Sartori, owner of Stepping Stone Funeral Home on Broadway, thanked Council for their support of businesses in the La Porte community and requested Council reconsider the electronic signage on Hwy 146, in addition to speaking in support of Items 7 A and 7 B. 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 authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park — S. Barr (b) Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of Designated Youth Baseball Facilities — S. Barr (c) Consider approval or other action regarding installation of permanent window coverings at the P.D./E.O.C. Building; EMS Station; Municipal Court Building and Fire Stations 2,3, and 4 — J. Suggs (d) Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Company Inc., in the amount of $577,477.00 for Street Overlay Project — D. Mick (e) Consider approval or other action to award Bid No. 14023 for Lift Station 39 Force Main Replacement — D. Mick (f) Consider approval or other action authorizing the Mayor to renew the operator's agreement between the City of La Porte and the La Porte Area Water Authority — D. Mick (g) Consider approval or other action regarding an Ordinance authorizing the release of an eight (8) foot wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec 3 — T. Tietjens Regarding Items A and B, Mayor Rigby informed Council the items were requested to be pulled by City Manager Corby Alexander, until the September 8, 2014 meeting, due to last minute revisions on both items. Regarding Item D, Mayor Rigby questioned if references were checked on Forde Construction Company Inc. Public Works Director Dave Mick responded references were checked from the contract the previous year and Forde Construction Company Inc. is highly recommended. Regarding Item D, Councilmember Zemanek questioned if there is a need for a motion to address asphalt changes on Boyette St. Assistant City Attorney Clark Askins advised a motion to include the changes are acceptable. Item 6 (D) was pulled for a separate vote. Page 2 of 5 August 25, 2014, Council Meeting Minutes Regarding Item C, Councilmember Martin questioned if the concerns of were addressed with Municipal Court Judge Denise Mitrano in regards to installation of permanent window coverings at the Municipal Court Building. Emergency Management Coordinator Jeff Suggs responded yes Judge Mitrano concerns were addressed and she is all for the project. Councilmember Engelken moved to approve the Consent Agenda Items C, E, F and G pursuant to staff recommendations. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen, Kaminski, Earp, Moser and Martin Nays: None Absent: Councilmember Leonard Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3533: AN ORDINANCE RELEASING AN EIGHT (8) FOOT WIDE UTILITY EASEMENT LOCATED WITHIN LOT 9, BLOCK 6 SHADY RIVER SUBDIVISION, SECTION 3, HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Zemanek moved to approve the Consent Agenda Item D and have staff address the changes and concerns with overlay on Boyette St. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen, Kaminski, Earp, Moser and Martin Nays: None Absent: Councilmember Leonard 7. AUTHORIZATIONS (a) Consider approval or other action regarding an Ordinance authorizing and approving an amendment to Chapter 6 of the La Porte Code of Ordinances to provide for variance procedures for alcohol sales within 300 feet of schools; churches and hospitals — T. Tietjens Planning and Development Director Tim Tietjens presented a summary. Mayor Rigby questioned if the Ordinance is to grant an alcohol permit or to provide for consideration of a variance. Planning and Development Director Tim Tietjens responded it is an amendment to Chapter 6 for a procedure for variance going forward. Councilmember Martin moved to authorize and approve amending Chapter 6 of the La Porte Code of Ordinances to provide for variance procedures for alcohol sales within 300 feet of schools; churches and hospitals. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek and Moser Nays: None Absent: Councilmember Leonard Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3634: AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE GRANTING OF VARIANCES TO DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL NEAR CHURCHES, PUBLIC SCHOOLS AND PUBLIC HOSPITALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 3 of 5 August 25, 2014, Council Meeting Minutes (b) Consider approval or other action regarding an Ordinance authorizing a variance to Section 6-2 of the Code of Ordinances by allowing the sale of alcoholic beverages for on -premises consumption at Broadway Cafe, located at 1023 S. Broadway St. — T. Tietjens Mayor advised Council the item was not posted on the agenda as a public hearing and will come back to the September 8, 2014 meeting for consideration and posted as a public hearing on the agenda. (c) Consider approval or -other action regarding an Ordinance authorizing and approving an amendment to Chapter 70, of the Code of Ordinance by establishing a speed limit of 45 MPH along BS 146D from S. Broadway to SH 146 (Wharton Weems Boulevard), a distance of approximately 0.672 miles — B. Eng City Engineer Bob Eng presented a summary. Councilmember Zemanek questioned if the concern is that the speed limit of 55 MPH is on a side street going into a subdivision. City Engineer Bob Eng responded the concern is cars turning in and out of a street with a speed limit of 55 MPH. Councilmember Zemanek commented he has concerns with the speed limit of 55 MPH with several subdivision with entrances on Fairmont Parkway that are not being observed. Councilmember Martin questioned if the study was initated from a citizen concern. Public Works Director Dave Mick responded he initated the study due to traffic safety concerns and Texas Department of Transportation (TxDot) proposed to reduce the speed limit to 45 MPH after completion of the study.. Councilmember Martin questioned if there is signage warning motorists that the lanes merge. City Engineer Bob Eng responded no just a 55 MPH sign. Councilmember Zemanek commented a simple solution is to remove the second lane. Mayor Rigby agreed. Councilmember Zemanek moved to postpone the item until information can be gathered from Texas Department of Transportation to close the second lane and avoid a merge along BS 146 D from S. Broadway to SH 146 (TxDot) Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek, and Moser Nays: None Absent: Councilmember Leonard 8. DISCUSSION OR OTHER ACTION - (a) Discussion or other action regarding appointing members to various City boards, commissions and committees — Mayor Rigby Assistant City Secretary Sharon Harris presented a summary for the 2014-2015 annual appointments to boards, commissions and committees. Council was advised to consider the City Manager's appointment of Les Bird on the Civil Service Commission; David Brady to replace David Janda as one of the directors on the La Porte Area Water Authority; Trey Kendrick, District 1 to replace Doretta Finch on the Planning and Zoning Commission; and Nick Barrera, At -Large B, to replace Phillip Hoot on the Planning and Zoning Commission. Council was also reminded of the three Planning and Zoning Commission positions that are off schedule according the ordinance and was advised to consider appointing Hal Lawler as Chair; Page 4 of 5 August 25, 2014, Council Meeting Minutes Richard Warren to District 2; and Helen La Cour to District 3; with one-year terms expiring August 30, 2015, to coincide with the appointing Councilmember's term. Councilmember Zemanek moved to approve the appointments to the boards, committees, and commissions. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek, and Moser Nays: None Absent: Councilmember Leonard 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 held on August 18, 2014. 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Labor Day Holiday Observed, Monday, September 1, 2014 • City Council Meeting, Monday, September 8, 2014 • Fiscal Affairs Committee Meeting, Monday, September 22, 2014 • La Porte Development Corporation Board Meeting, Monday, September 22, 2014 • City Council Meeting, Monday, September 22, 2014 City Manager Corby Alexander advised that staff will respond to the comments made during public comments and will report back to Council. 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, Earp, Clausen, Martin, Moser, and Mayor Rigby. Councilmembers Kaminski, Zemanek, Engelken, Earp and Clausen thanked Stephen Barr for his services to the City and wished him the best in his retirement; Councilmember Martin thanked Stephen Barr for his services to the City, thanked David Janda for serving on the La Porte Area Water Authority, thanked the Bayside Terrace citizens for their comments and attending the meeting tonight; Councilmember Moser thanked Stephen Barr for his services to the City and thanked the Main Street group for their comments and attending the meeting tonight and Mayor Rigby thanked Stephen Barr for his services and his wife Marci Barr for sharing him for all of the years. 12. ADJOURN There being no further business, the meeting adjourned at 6:48 p.m. jkD m'_*"Ly haron Harris, Assistant City Secretary Passed aMdon September 8, 2014. Mayo Lou R. Ri y Page 5 of 5 August 25, 2014, Council Meeting Minutes