HomeMy WebLinkAbout2014-12-08 Regular Meeting of La Porte City Council minutes LOUIS RIGBY
Mayor p DARYL LEONARD
JOHN ZEMANEK 9
Councilmember District 3
Councilmember At Large A
DOTTIE KAMINSKI v m TOMMY MOSER
Mayor Pro Tem Councilmember District 4
JAY MARTIN
Councilmember At Large B
DANNY EARP rpxAe Councilmember District 5
Councilmember District 1 MIKE CLAUSEN
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
DECEMBER 8, 2014
The City Council of the City of La Porte met in a regular meeting on Monday, December 8, 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, Engelken, and Martin. Absent:
Councilmembers Moser and 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 Councilmember Jay Martin.
3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Mike Clausen.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition —City of La Porte Fire Department Medal of Valor— Mayor Rigby
Mayor Rigby recognized firefighters Vanessa Villafuerte; Antonio Elko; Ronnie Thibodeaux; Tyler
McElroy and Daniel West for being recipients of the City of La Porte Fire Department's Medal of
Valor for outstanding and brave performance in the line of duty.
(b) Recognition — Employee of the (Third) Quarter — Sergeant Lance Cook (Criminal
Investigations) — Mayor Rigby
Mayor Rigby recognized Sergeant Lance Cook for receiving Employee of the (Third) Quarter.,
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Georgia Dean, 11003 N. H St., addressed Council with concerns of drainage and runoff issues from
a neighbor's home. Ms. Dean also stated the neighbors did not obtain permits from the City, and
she has continuous standing water which has many detrimental effects, not the least of which is a
loss of trees on her property.
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
November 10, 2014— P. Fogarty
(b) Consider approval or other action regarding a Resolution appointing one representative and
one alternate to the H-GAC 2015 General Assembly and Board of Directors— P. Fogarty
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December 8, 2014, Council Meeting Minutes
(c) Consider approval or other action authorizing the City Manager to execute a revised
agreement between the City of La Porte and the 'La Porte Girls Softball Association
regarding the use of Designated Facilities at Little Cedar Bayou Park— R. Epting
(d) Consider approval or other action regarding Ordinances 2007-IDA-138 and 2007-IDA-130
executing Industrial District Agreements between the City of La Porte and Vigavi Realty,
LLC. — K. Powell
(e) Consider approval or other action regarding an Ordinance authorizing the City Manager to
execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi
Realty, LLC., for its development at 11800 Fairmont Parkway in the Bayport Industrial
District—T. Tietjens
(f) Consider approval or other action regarding an Ordinance authorizing the City Manager to
execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL
Partners Sub 51, LLC., for its development at 4130 New West Drive in the Bayport Industrial
District—T. Tietjens
(g) Consider approval or other action regarding an Ordinance authorizing the City Manager to
execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL
Partners Sub 51, LLC., for its development at 9655 New Century Drive in the Bayport
Industrial District—T. Tietjens
(h) Consider approval or other action regarding an Ordinance vacating, abandoning and closing
the North 1St Street and North 2nd Street Rights-of-Way between North L Street and Union
Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners
for the subject rights-of-way—T. Tietjens
(i) Consider approval or other action awarding RFP#14504 for Debris Removal —J. Suggs
(j) Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-
2015 through Texas BuyBoard — D. Mick
(k) Consider approval or other action awarding Bid # 15004 for Plastic Garbage Bags— D. Mick
(1) Consider approval or other action to roll over the requested encumbrances from Fiscal Year
2014 to Fiscal Year 2015— M. Dolby
Regarding Items D and E Councilmember g g c member EarPq Y g questioned why the agreement was issued and
signed in 2007 and the City is now approving the agreement. Finance Director Michael Dolby
advised the original Ordinance was written in 2007, and the Water Service and Sanitary Sewer are
separate agreements. Councilmember Earp questioned if the City was fine with the water and
sewer capacity. Public Works Director Dave Mick advised the water and sewer is only for domestic
use, not process water; and there will not be an impact to the City.
Regarding Item C, Councilmember Martin questioned if the City has an agreement with the
La Porte Little League Baseball Association. Parks and Recreation Director Rosalyn Epting
responded yes. Councilmember Martin questioned if the duration of each of the agreements is the
same. Ms. Epting responded both are a 5-year agreement with an extension of 5 years.
Councilmember Martin asked if the matching funds are the same. Ms. Epting responded the City
maintains the turf areas and the Associations maintain the dirt.
Regarding Item K, Councilmember Zemanek questioned if the new garbage bags are the same
thickness as current bags are. Public Works Director Dave Mick advised the bags are the same and
have been for a number of years.
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December 8, 2014, Council Meeting Minutes
Councilmember Clausen moved to approve the Consent Agenda pursuant to staff
recommendations; and regarding Item 6b, Councilmember Engelken is appointed representative
and Councilmember Martin is appointed alternate. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Earp and Martin
Nays: None
Absent: Councilmembers Moser and Leonard
Prior to council action, Assistant City Attorney Clark Askins read the caption of Resolution 2014-11: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SELECTING A
REPRESENTATIVE AND AN ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2015
GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3552: AN
ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL
DISTRICT AGREEMENT WITH VAGAVI, REALTY LLC 11804 FAIRMONT PARKWAY FOR THE TERM
COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, 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 2014-3553: AN
ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL
DISTRICT AGREEMENT WITH VAGAVI, REALTY LLC 11804 FAIRMONT PARKWAY FOR THE TERM
COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, 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 2014-3554: AN
ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY
SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GIGAVI REALTY, LLC (11800
FAIRMONT PARKWAY), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
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 2014-3555: AN
ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY
SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL PARTNERS SUB 51, LLC
(4130 NEW WEST DR.), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
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 2014-3556: AN
ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY
SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL PARTNERS SUB 51, LLC
(9655 NEW CENTURY DR.), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; 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 2014-3557: AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 1ST STREET AND
NORTH 2ND STREET RIGHTS-OF-WAY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DEEDS TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFETIVE DATE HEREOF.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve an amendment to the City of La Porte's Future Land use Map from
Large Lot Residential (LL), to Low Density Residential (R-1) — E. Ensey
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December 8, 2014, Council Meeting Minutes
City Planner Eric Ensey presented a summary.
The public hearing was opened at 6:24 p.m. There being no Council or public comments, the
public hearing closed at 6:27 p.m.
(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 for a tract of land
owned by Joe Chambers— E. Ensey
City Planner Eric Ensey presented a summary.
Councilmember Zemanek 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 for a tract of land owned
by Joe Chambers. Councilmember Earp seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Earp and Martin
Nays: None
Absent: Councilmember Moser and Leonard
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3558: AN
ORDINANCE ADOPTING AN UPDATE TO THE FUTURE ALND USE MAP COMPONENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS, FINDING COMPLIANCE
WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(c) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve Rezone Request #14-92000003 for the rezoning of a 0.380 acres located
on the south side of Bois D'Arc Drive — E. Ensey
City Planner Eric Ensey presented a summary.
The public hearing was opened at 6:29 p.m. There being no Council or public comments, the
public hearing closed at 6:31 p.m.
(d) 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 from Large Lot
District (LL) to Low Density Residential District (R-1) for a 0.380 acre tract of land located on the
south side of Bois D'Arc— E. Ensey
City Planner Eric Ensey presented a summary.
Councilmember Earp moved to approve an Ordinance amending Chapter 106 Zoning of the Code
of Ordinances of the City of La Porte by changing the zoning classification from Large Lot District
(LL) to Low Density Residential District (R-1) for a 0.380 acre tract of land located on the south side
of Bois D'Arc. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Earp and Martin
Nays: None
Absent: Councilmembers Moser and Leonard
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3559: AN
ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LARGE LOT DISTRICT (LL) TO LOW
DENSITY RESIDENTIAL DISTRICT (R-1) FOR A .380 ACRE TRACT OF LAND HEREIN DESCRIBED;
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December 8, 2014, Council Meeting Minutes
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. 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 November 17, 2014.
9. ADMINISTRATIVE REPORTS
• Christmas Holidays, Wednesday, December 24, 2014, and Thursday, December 25, 2014.
• La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting,
Wednesday, December 10, 2014.
City Manager Corby Alexander advised Council, Staff will contact Ms. Georgia Dean regarding her
situation and report back to Council. In addition, Mr. Alexander reported he attended a
Commissioner's Court meeting regarding a grant for the Historic Dewalt Schoolhouse; and the City
received the award letter today.
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 Clausen, Martin, Moser, Kaminski, Zemanek
Leonard, Engelken, Earp, and Mayor Rigby.
Councilmembers Clausen congratulated the firefighters for receiving the City of La Porte Fire
Department Medal of Valor and thanked everyone for attending the meeting; Councilmember Martin
congratulated the firefighters for receiving the City of La Porte Fire Department Medal of Valor and
Lance Cook for receiving Employee of the (Third) Quarter, commented he thought Christmas on
Main Street was well attended, and thanked Staff for their hard work; Councilmember Kaminski
thanked the Fire Department, commented Main Street was well attended despite the rain, thanked
staff for the well-attended food drive this past Saturday and wished everyone a Merry Christmas;
Councilmember Zemanek congratulated the firefighters for receiving the City of La Porte Fire
Department Medal of Valor and Lance Cook for receiving Employee of the (Third) Quarter,
requested a report from Staff on the progress of the Animal Shelter and Adoption Center, a status
report for the 3`d Street Drainage Improvements and wished everyone a Merry Christmas, Happy
New Year and safe holiday season; Councilmember Engelken congratulated the firefighters for
receiving the City of La Porte Fire Department Medal of Valor and Lance Cook for receiving
Employee of the (Third) Quarter, commented he hope the City can reach a resolution for Ms. Dean
and wished everyone a Merry Christmas, Happy New Year and a safe holiday season;
Councilmember Earp congratulated the firefighters for receiving the City of La Porte Fire
Department Medal of Valor and Lance Cook for receiving Employee of the (Third) Quarter and
wished everyone a Merry Christmas; and Mayor Rigby congratulated the firefighters for receiving
the City of La Porte Fire Department Medal of Valor and Lance Cook for receiving Employee of the
(Third) Quarter and commented Christmas on Main Street was well attended and thanked everyone
that was involved in planning the event.
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 551.071 (1) (A) — Consultation with City Attorney: Pending or
Contemplated Litigation — Michael Williams vs City of La Porte.
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December 8, 2014, Council Meeting Minutes
City Council recessed the regular Council meeting to convene an executive session at 6:38 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 consultation with City Attorney: Pending or
Contemplated Litigation — Michael Williams v. City of La Porte.
12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened into the regular Council meeting at 7:04 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 Clausen moved to reject the offer received for the former Parks and
Wildlife surrounding property. Councilmember Earp seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Clausen, Kaminski,
Engelken, Zemanek, and Earp
Nays: None
Absent: Councilmembers Moser and Leonard
Regarding the executive session pertaining to Section 551.071 (1) (A) — Consultation with City
Attorney: Pending or Contemplated Litigation — Michael Williams v. City of La Porte, no action was
taken.
13. ADJOURN
There being no further business, the meeting adjourned at 7:08 p.m.
Patrice Fogarty, ity S retary
Passed pp o d on D ember 15, 2014.
Ma"uid R. Ri by
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