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Home My WebLink About2014-10-27 Regular Meeting of La Porte City Council minutesLOUIS 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 OCTOBER 27, 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, October 27, 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 Kaminski, Clausen, Earp, Zemanek, Moser, Engelken, Leonard 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 Reid Morgan, St. John's Episcopal Church. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation — Robert (Bob) McLaughlin Day — Mayor Rigby Mayor Rigby presented a proclamation and key to the City to the family of Robert (Bob) McLaughlin. (b) Presentation — The City of La Porte -Distinguished Budget Presentation Award — Mayor Rigby Mayor Rigby presented the City of La Porte -Distinguished Budget Presentation Award to Finance Director Michael Dolby. (c) Presentation — 2013 Comprehensive Annual Financial Report — Mayor Rigby Mayor Rigby presented the 2013 Comprehensive Annual Financial Report to Finance Director Michael Dolby. (d) Presentation — 2013 Popular Annual Financial Report — Mayor Rigby Mayor Rigby presented the 2013 Popular Annual Financial Report to Finance Director Michael Dolby. 6. PUBLIC COMMENTS (Limited to five minutes per person.) Don Berkemeyer, 3111 Fondren, thanked Council on behalf of Bayside Terrace Civic Club for the street resurfacing. Richard Morris, 8414 Bandridge, informed Council he received a tax statement from the City and has not received one in the last three years, and he believed the City has removed the exemption Page 1 of 9 October 27, 2014, Council Meeting Minutes for "over 65." Mr. Morris also informed Council he was advised by Staff to address Council with his concerns. Mayor Rigby directed Staff to visit with Mr. Morris. 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 Meeting held on October 13, 2014 — P. Fogarty (b) Consider approval or other action awarding Bid No. 14033 for the West D Street Drainage Improvements in the amount of $88,305.50 plus a contingency with a total allocation for the construction contract equal to $98,900.00 — D. Mick (c) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the westernmost portion of the alley in Block 50, La Porte, retaining a 16 foot -wide water and sanitary sewer easement within the area to be closed — T. Tietjens (d) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a portion of the North 3`d Street Right -of -Way and the alley in Block 330, La Porte, Harris County, Texas — T. Tietjens (e) Consider approval or other action regarding an amendment to the Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association to clarify procedures used to determine the annual market adjustment and updated pay scales for officers, sergeants, and lieutenants — K. Adcox (f) Consider approval or other action regarding an Ordinance amending the City of La Porte's Fiscal Year 2013-2014 Budget for $329,700.00 in the Grant Fund for the HOME Grant - Phase II (This agreement was approved by City Council at the July 28, 2014, meeting) — M. Dolby (g) Consider approval or other action to utilize DIR Contract DIR-SDD 1951 for the lease of City desktop computers and laptops (This item was pulled at the October 13, 2014 meeting) — J. Suggs (h) Consider approval or other action authorizing the City Manager to execute a purchase agreement in the amount of $62,165.88 for the three (3) Stryker Power Load Systems to be funded from Emergency Services District Fund (034) — R. Nolen Regarding item E, Councilmember Leonard questioned if both the Police Officers' Association and the City of La Porte are in agreement. Police Chief Adcox answered yes. Regarding item D, Councilmember Moser questioned if the item is in relation to the truck stop. Planning and Development Director Tietjens responded that it has nothing to do with the truck stop; however, it is adjacent to the truck stop. Regarding item G, Mayor Rigby questioned if the City is getting a lower price or different computers. Emergency Management Coordinator Jeff Suggs responded the computer Councilmember Earp mentioned at the prior council meeting is not the same computer needed by City staff. Comparing apples to apples, there is a $2.00 difference in our favor on the DIR. In addition, Mr. Suggs advised the City saved a few thousand dollars by deleting a couple of features. Councilmember Leonard moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Moser seconded. MOTION PASSED. Page 2 of 9 October 27, 2014, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3545: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 50, LA PORTE; RETAINING A16' WIDE WATER AND SANITARY SEWER EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3546: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 3RD STREET RIGHT-OF-WAY AND THE ALLEY IN BLOCK 330, LA PORTE, HARRIS COUNTY, TEXAS; RETAINING UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3547: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF 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 Planning and Zoning Commission to deny Special Conditional Use Permit # 14-91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP. — E. Ensey City Planner Eric Ensey presented a summary. Councilmember Leonard asked what can be built at the southwest corner of State Highway 146 south and Wharton Weems Blvd. City Planner Eric Ensey responded, according to the requirements in the PUD (Planned Unit Development), Council can approve commercial uses that are allowed in the neighborhood commercial zone district. Councilmember Leonard questioned the type of businesses that would be allowed. City Planner Eric Ensey responded restaurants, retail and offices uses. Councilmember Leonard commented the location seem to be a logical location for a gas station and convenience store. The public hearing was opened at 6:21 p.m. Chuck Rosa, 812 S. Virginia, addressed Council and spoke in favor of granting the Special Conditional Use Permit # 14-9100000 to CST Brands, Inc., on behalf of Port Crossing Land LP for the purpose of developing a convenience store and gas station at the southwest corner of State Highway 146 south and Wharton Weems Blvd. for tax dollars for sidewalks The public hearing closed at 6:26 p.m. (b) Consider approval or other action regarding an Ordinances amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte by granting Special Conditional Use permit # 14- 9100000 to CST Brands, Inc., on behalf of Port Crossing Land LP for the purpose of developing a convenience store and gas station at the southwest corner of State Highway 146 south and Wharton Weems Blvd. Page 3 of 9 October 27, 2014, Council Meeting Minutes Councilmember Zemanek moved to follow the recommendation by the Planning and Zoning Commission to deny Special Conditional Use Permit # 14-91000001 for CST Brands, Inc., on behalf of Port Crossing Land LP. Councilmember Martin seconded. MOTION PASSED TO DENY. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, and Martin Nays: Councilmember Leonard Absent: None (c) 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 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from Commercial to Large Lot Residential — E. Ensey City Planner Eric Ensey presented a summary. The public hearing was opened at 6:27 p.m. There were no public comments. The public hearing closed at 6:29 p.m. (d) 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 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Large Lot (LL) — E. Ensey Councilmember Leonard moved to approve 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 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Large Lot (LL). Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3548: AN ORDINANCE AMENDING CHAPTER 106 "ZONING OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL DISTRICT (GC) TO LARGE LOT DISTRICT (LL) FOR A 1.0833 ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (e) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve Rezone Request 14-92000002 for the rezoning of a 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd., from General Commercial (GC) to Large Lot (LL) — E. Ensey City Planner Eric Ensey presented a summary. The public hearing was opened at 6:30 p.m. There were no public comments. The public hearing closed at 6:33 p.m. (f) Consider approval or 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 for a 1.0833 acre tract of land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Large Lot (LL) — E. Ensey Councilmember Zemanek moved to approve an amending Chapter 106, "Zoning of the Code of Ordinances of the City of La Porte by changing the zoning classification for a 1.0833 acre tract of Page 4 of 9 October 27, 2014, Council Meeting Minutes land located at 11814 N. P Street and 1502 Sens Rd. from General Commercial (GC) to Large Lot (LL). Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3549: AN ORDINANCE AMENDING CHAPTER 106 "ZONING OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL DISTRICT (GC) TO LARGE LOT DISTRICT (LL) FOR A 1.0833 ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. REPORTS (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report from the Fiscal Affairs Committee meeting held prior to this meeting, and informed Council there was an amendment to the City of La Porte's Investment Policy and a recommendation for a Local Bidder Preference Policy and Local Bidder Preference Application, which will be presented at the next Council meeting. (b) Receive report of La Porte Development Corporation Board. Councilmember Engelken provided a report from the La Porte Development Corporation Board meeting held prior to this meeting. He reported that authorization was given to staff to execute payment in the amount of $40,000 to the Rob Johnson Realty Corp. per the terms of the economic development agreement, and the La Porte Development Corporation received a financial report from Michael Dolby. (c) Receive Quarterly Strategic Plan Update — T. Leach Assistant City Manager Traci Leach provided the Quarterly Strategic Plan Update. There were no Council comments or questions. (d) Receive Quarterly Delinquent Tax Report — T. Leach Assistant City Manager Traci Leach provided the Quarterly Delinquent Tax Report. There were no Council comments or questions. (e) Receive Animal Shelter and Adoption Center Report — R. McPhail Public Improvement Coordinator Reagan McPhail provided the Animal Shelter and Adoption Center Report. Councilmember Leonard questioned when the Animal Shelter and Adoption Center will open. Mr. McPhail responded he hopes the `substantially completed' date will be December 15, 2014. Councilmember Earp questioned whether there is enough retainage to cover the anticipated liquidated damages. Mr. McPhail responded yes. Mayor Rigby asked what was the original proposed completion date. Mr. McPhail responded June 28, 2014, there were 84 days of rain days that moved the completion date to September 22, 2014; and it will be 84 days past substantial completion date. Page 5of9 October 27, 2014, Council Meeting Minutes Councilmember Clausen questioned the amount of liquidated damages. Mr. McPhail responded $500.00 per day. Councilmember Zemanek questioned the definition of 'substantially complete.' Mr. McPhail responded, "We can move in, and there are not any big ticket items incomplete." Councilmember Zemanek questioned when the outside work will be completed. Mr. McPhail responded spinning the dirt will be complete on Wednesday. Councilmember Moser asked Mr. McPhail's opinion on the job in progress. Mr. McPhail responded there have been some complications pertaining to HVAC (Heating, Ventilating and Air Conditioning) issues, causing some components of the building to not be able to be installed. Councilmember Clausen questioned Mr. McPhail if the drawings originally provided by the architect were incomplete and information had to be gathered to complete gaps. Mr. McPhail responded on the HVAC, the Mechanical, Electrical and Plumbing Engineer did not catch that there had to be two circuits run to the units, and only one was designed; therefore, a second set of circuits had to be installed. Councilmember Martin questioned when the signage will be complete. Mr. McPhail responded a purchase order is being prepared. Councilmember Zemanek questioned what constitutes a Rain Day. Mr. McPhail answered if it rains long and hard enough to stop work. Councilmember Earp questioned Mr. McPhail if he feels the Animal Shelter and Adoption Center will be open by December. Mr. McPhail answered, "Yes, sir." (f) Receive Drainage Report — B. Eng City Engineer Bob Eng provided the Drainage Report. Councilmember Martin requested City Engineer Bob Eng to include maps of the areas being addressed in future Drainage Reports. Councilmember Martin questioned if the City or County maintains storm water ditches. City Engineer Bob Eng responded whichever entity maintains the road will maintain the ditches. Councilmember Martin questioned how to get the ditches cleaned along S. Broadway. City Engineer Bob Eng informed he has been in contact with the Maintenance Supervisor with TXDot in regards to clearing the ditches. (g) Receive the Quarterly Planning Department Audit Report — T. Tietjens Planning and Development Director Tim Tietjens provided the Quarterly Planning Department Audit Report. 9. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, October 30, 2014 • City Council Meeting, Monday, November 10, 2014 • City Council Meeting, Monday, December 8, 2014 City Manager Corby Alexander advised Council that Staff will follow-up with Mr. Morris regarding his tax statement concern. 10. 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, Earp, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. Page 6 of 9 October 27, 2014, Council Meeting Minutes Councilmember Engelken congratulated Finance Director Michael Dolby and Staff on the awards and commented he served one year on Council with Robert (Bob) McLaughlin; Councilmember Earp congratulated Finance Director Michael Dolby and Staff on the awards, thanked the family of Robert (Bob) McLaughlin for his services, requested Staff follow-up with the Lomax Rodeo Announcer Stand and advised of a barricade that blew into the ditch at Lomax School Road and P Street, which Staff may wish to take a look at; Councilmember Clausen congratulated the McLaughlin family on Robert (Bob) McLaughlin's accomplishments and services to the City and congratulated the Finance Dept.; Councilmember Martin congratulated Finance Director Michael Dolby and Staff on the awards; reminded everyone of Election Day on November 4, 2014, and advised he had been made aware that the contractor for the resurfacing project at Bayside Terrace left trash and should be made to clean the area; Councilmember Moser congratulated Finance Director Michael Dolby and Staff on the awards; Councilmember Kaminski congratulated Finance Director Michael Dolby and Staff on the awards and commented the McLaughlin family is a great family that have been residents in the City for many years; Councilmember Zemanek thanked the City and Council for recognizing Robert (Bob) McLaughlin for his services, congratulated Finance Director Michael Dolby and Staff on the awards and requested a report of the environmental cleanup at the Air National Guard Building; Councilmember Leonard congratulated Finance Director Michael Dolby and Staff on the awards and the McLaughlin family for receiving the proclamation in memory of Robert (Bob) McLaughlin; and Mayor Rigby thanked the City and Council for recognizing Robert (Bob) McLaughlin and congratulated Finance Director Michael Dolby and Staff on the awards. 11. 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 — For the purpose of deliberating the purpose of the purchase, exchange, lease or value of real property: former Parks and Wildlife surrounding 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 Council recessed the regular Council meeting to convene an executive session at 7:04 p.m. for the purpose of deliberating the purchase, exchange, lease or value of real property: former Parks and Wildlife surrounding property; and the purpose for deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander. 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 7:42 p.m. Regarding the executive session pertaining to Section 551.072, for the purpose of deliberating the purchase, exchange, lease or value of real property: former Parks and Wildlife surrounding property. Councilmember Moser moved to remove the building from the real estate broker's responsibility and take it off the market; and if offers are received in the future, Council will address them at that time. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski, Engelken, Zemanek, Earp, and Leonard Nays: Councilmember Martin Absent: None Page 7 of 9 October 27, 2014, Council Meeting Minutes No action was taken regarding the executive session pertaining to Section 551.074, for the purpose for deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander. 14. ADJOURN There being no further business, the meeting adjourned at 7:43 p.m. &Ka�m� -zz� Patrice Fogarty, Ci ecreta Passed and a AzNovember 10, 2014. r ed on Mayo Luis R. tb Page 9 of 9 October 27, 2014, Council Meeting Minutes