HomeMy WebLinkAbout2015-01-12 Regular Meeting of La Porte City Council minutes LOUIS RIGBY OF: ` A
Mayor
JOHN ZEMANEK i, ., c - O DARYL LEONARD
9
l�. Councilmember District 3
Councilmember At Large A �j � �' m TOMMY MOSER
DOTTIE KAMINSKI
Mayor Pro Tem Councilmember District 4
Councilmember At Large B a/ JAY MARTIN
DANNY EARP rexAe 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
JANUARY 12, 2015
The City Council of the City of La Porte met in a regular meeting on Monday, January 12, 2015, 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, Zemanek, Martin, Clausen, Earp, Moser, Leonard, and Engelken. Also
present were City Secretary Patrice Fogarty, and City Manager Corby Alexander.
2. INVOCATION—The invocation will be given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance will be led by Councilmember Jay Martin.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
5. 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 Meeting held on
December 15, 2014—P. Fogarty
(b) Consider approval or other action authorizing the Planning Director to execute a Pipeline
P 9 9 P
Permit to Dow Hydrocarbons and Resources, LLC, for the first phase of construction of a
12-inch Ethane Y-Grade pipeline with La Porte—T. Tietjens
(c) Consider approval or other action of a professional service agreement with HDR
Engineering, Inc., for on-going GIS Technical Services—T. Tietjens
(d) Consider approval or other action authorizing city staff to accept quotes from Kraftsman
Commercial Playgrounds & Water Parks for park equipment at City splash parks and
initiating the BuyBoard purchases—R. Epting
(e) Consider approval or other action regarding an Ordinance amending Chapter 70, Traffic and
Vehicles of the Code of Ordinances, by adjusting speed limits on Highway 146 frontage
roads—K. Adcox
(f) Consider approval or other action utilizing the BuyBoard contract for equipment and
installation through CAP Fleet Upfitters—K. Adcox
(g) Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-
2015 to Austin Freightliner through Texas BuyBoard—D. Mick
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January 12, 2015, Council Meeting Minutes
(h) Consider approval or other action awarding Bid # 15005 for Water and Sewer Supplies—D.
Mick
(i) Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015
to Brookside Equipment through Texas BuyBoard—D. Mick
Regarding Item E, Councilmember Leonard questioned if the speed limit will remain 35 mph from
State Highway 225 to Barbour's Cut Blvd., and will increase to 40 mph from Barbour's Cut Blvd. to
Wharton Weems. Police Chief Ken Adcox clarified from State Highway 225 to Barbour's Cut Blvd.,
both directions, the speed limit will remain 35 mph; and from Barbour's Cut Blvd. to Wharton
Weems, the speed limit will increase from 35 mph to 40 mph. Chief Adcox also added there is a
sign currently posted 55 mph on the southbound side of the feeder from Fairmont Parkway to
Wharton Weems that will be removed and changed to 40 mph since neither the City nor the State
has records of the speed limit being set for 55 mph.
Councilmember Leonard moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Engelken,
Clausen, Martin, Zemanek, Kaminski and Earp
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3560: AN
ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES BY
ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS
THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; 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 MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve Rezone Request#14-92000004, for the rezoning property described as
1.6611 acre tract of land located at the southeast corner of Spencer Highway and Underwood
from Low Density Residential District(R-1)to General Commercial (GC) —E. Ensey
Councilmember Engelken moved to pull items 6a and 6b from the agenda as recommended by City
Manager Corby Alexander, due to the agenda being posted incorrectly. The agenda reads
"Underwood" instead of"Canada." Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
(b) 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 Low Density
Residential (R-1) to General Commercial (GC) for a 1.6611 acre tract of land located at the
southeast corner of Spencer Highway and Underwood—E. Ensey
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January 12, 2015, Council Meeting Minutes
Councilmember Engelken moved to pull items 6a and 6b from the agenda as recommended by City
Manager Corby Alexander due to the agenda being posted incorrectly. The agenda reads
"Underwood" instead of"Canada." Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
(c) Public hearing to receive comments condemnation of four (4) substandard buildings — R.
Davidson
The public hearing was opened at 6:12 p.m.
Deputy Building Official Russell Davidson provided an update on the condemnation of four (4)
substandard buildings the City Council granted a 60-day extension to at the October 12, 2014,
meeting. Mr. Davidson recommended 3322 Clarksville St. and 119 S. Carroll St. be removed from
the dangerous buildings list, and condemnation ordinances be signed only for 500 W. Main and 303
S. Iowa.
Gilbert Diaz, 500 W. Main, addressed Council and requested City Staff be given time to review
plans he just received from an Engineer today for repairing the building at 500 W. Main. He stated
he dropped them off to the City.
Mayor Rigby asked Mr. Diaz if he submitted any drawings or permit applications to the City since
being granted the 60-day extension. Mr. Diaz responded no.
Councilmember Zemanek questioned the number of extensions granted in the past three years for
the property located at 500 W. Main. Mr. Diaz responded many.
Diana Diaz, 802 Ivy Ave., Deer Park, addressed Council and requested assistance from the City
and additional time for repairing the building at 500 W. Main.
Deputy Building Official Russell Davidson advised Council there are no records of permits being
denied by the City; but there are three permits that were applied for; and the City requested in
writing, multiple times, for additional information and plans with no response from the applicants.
Chuck Rosa, 812 S. Virginia, addressed Council and requested City Manager Corby Alexander to
review the paperwork turned in today by the Diazs. He wants them to be able to sell whatever they
want to sell out of that building so more City revenue is generated for sidewalks.
The public hearing closed at 6:31 p.m.
(d) Consider approval or other action regarding an Ordinance providing for condemnation of
substandard buildings located at 500 W. Main and 303 S. Iowa— R. Davidson
Councilmember Moser moved to approve Ordinances condemning substandard buildings located at
500 W. Main and 303 S. Iowa. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Clausen,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3561: AN
ORDINANCE DECLARING THE BUILDINGS LOCATED AT BILK 216, LT 4&5 & S 112 OF LT 3 & N % OF
LT 6, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
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January 12, 2015, Council Meeting Minutes
BUILDINGS CONDEMNED; FINDING THAT RANDALL W. CERNOSEK IS THE RECORD OWNERS OF
O O
SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION
WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE;AND TO COMPLETE SAID
REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON
SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE
TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA
PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF;AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3562: AN
ORDINANCE DECLARING THE BUILDINGS LOCATED AT BILK 56, LOT 21, 22 823, LA PORTE, HARRIS
COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED;
FINDING THAT GILBERT DIAZ IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE
SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION
WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE
DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED
BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF;
AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
7. AUTHORIZATIONS/ORDINANCES
(a) Consider approval or other action regarding an Ordinance adopting the 2015 International Fire
Code (IFC) with local amendments as recommended by the Fire Code Review Board and the
La Porte Fire Marshal's Office—C. Meekins
Fire Marshal Cliff Meekins presented a summary.
Councilmember Leonard moved to approve an Ordinance adopting the 2015 International Fire
Code (IFC) with local amendments as recommended by the Fire Code Review Board and the
La Porte Fire Marshal's Office. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Moser
Earp, Martin, Zemanek, Kaminski and Engelken
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3563: AN
ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE
BY AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "STANDARDS,"
DIVISION 1 "GENERALLY,"SECTION 38-101 "FIRE CODE ADOPTED" BY ADOPTING THE 2015 EDITION
OF THE INTERNATIONAL FIRE CODE, TOGETHER WITH ALL LOCAL AMENDMENTS THERETO;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED 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 Ordinance renaming the North Side Park
located at the corner of N. 4t" and Tyler Streets, the Martin Luther King, Jr., Park—P. Fogarty
City Secretary Patrice Fogarty presented a summary.
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January 12, 2015, Council Meeting Minutes
Councilmember Moser moved to approve an Ordinance renaming the North Side Park located at
the corner of N. 411' and Tyler Streets, the Martin Luther King, Jr. Park. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Moser
Earp, Martin, Zemanek, Kaminski and Engelken
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3564: AN
ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OF THE NORTH SIDE PARK TO
MARTIN LUTHER KING, JR. PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE
DATE HEREOF.
(c) Consider approval or other action of$25,000 sponsorship of the 2015 International Federation
of Disabled Sailors Blind Sailing World Championship, and consider approval or other action to
include the funds in the City's quarterly FY 2015 Budget Amendment—Mayor Louis R. Rigby
City Manager Corby Alexander presented a summary; and Representatives from the Houston
Yacht Club, Dave and Karen Atkinson, provided a presentation.
Councilmember Martin questioned if the City of Shoreacres was also going to be asked to
participate in the sponsorship. Mr. Atkinson responded yes.
Councilmember Earp questioned if there is a good chance of the hotels in the City of La Porte being
acceptable and meeting the requirements for the International Federation of Disabled Sailors. Mr.
and Mrs. Atkinson both responded yes.
Councilmember Martin questioned how much funding was available in the Hotel Motel Fund.
Finance Director Michael Dolby responded $500,000 non-designated.
Councilmember Zemanek made a motion to move forward with the sponsorship of the 2015
International Federation of Disabled Sailors Blind Sailing World Championship. Councilmember
Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Moser,
Earp, Martin, Zemanek, Kaminski and Engelken
Nays: None
Absent: None
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding proposed Legacy at La Porte Multifamily Development —
E. Ensey
City Planner Eric Ensey presented a summary.
Vice President of The Brownstone Group, Doak Brown, provided a presentation of a Multifamily
Development.
Councilmember Earp questioned if there would be any fire code concerns with the density of the
development. City Planner Eric Ensey advised the Multifamily Development would be subject to the
compliance of the City fire codes, but no plans have been reviewed as of now.
Councilmember Leonard questioned the income level of the residents expected to live in the units.
Mr. Brown responded roughly$3,000 a month if leasing a unit for$875.00 per month.
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January 12, 2015, Council Meeting Minutes
Councilmember Martin questioned the current ownership of the proposed property. Mr. Brown
responded it is owned by a trust. Councilmember questioned if it the property would be a
subsidized property. Mr. Brown responded it is not a subsidized property.
Councilmember Clausen questioned how long The Brownstone Group has been in business. Mr.
Brown advised since 1971. Mr. Clausen questioned if The Brownstone Group plans to continue to
own the complex or would consider selling the property. Mr. Brown responded if The Brownstone
Group is able to get the best financing, it is a possibility they will own the property forever; but he
cannot guarantee they will do so.
Councilmember Engelken commented he has visited with residents in the Summerwinds
subdivision, and they are not in favor of the proposed Multifamily Development at the location due
to residents having visibility into the homes and backyards and the increase of traffic.
Councilmember questioned the distance radius for notifying citizens of a public hearing for
variances. City Planner Eric Ensey responded 200 feet.
Councilmember Zemanek questioned how many units would have to be eliminated to resolve the
line of sight concern of the residents in the Summerwinds subdivision. Mr. Brown responded four
units, and it would not be a problem to eliminate the units.
There were no objections from City Council moving forward with the project except the objections
expressed by Councilmember Engelken.
(b) Discussion or other action regarding the surcharge fee component of.the City of La Porte
Industrial Waste Ordinance—D. Mick
Councilmember Zemanek moved to table the item until the first meeting in February due to pending
information he is working on. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Moser,
Earp, Martin, Zemanek, Kaminski and Engelken
Nays: None
Absent: None
9. Reports
(a) Receive report of La Porte Development Corporation—Councilmember Engelken
Councilmember Engelken provided a report from the La Porte Development Corporation Board
meeting held prior to this meeting.
10. ADMINISTRATIVE REPORTS
• City Council Meeting, Monday, January 26, 2015
• Fiscal Affairs Committee Meeting, Monday, January 26, 2015
City Manager Corby Alexander did not have additional comments.
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 Clausen, Martin, Moser, Kaminski, Zemanek,
Leonard, Engelken, Earp, and Mayor Rigby.
Councilmembers Martin, Kaminski, Zemanek, Leonard and Clausen wished everyone a Happy New
Year; Councilmember Moser thanked City Council and Staff for their support on the renaming the
North Side Park to the Martin Luther King, Jr., Park and advised everyone of the dedication to be
held Sunday, January 18, 2015; Councilmember Engelken wished everyone a Happy New Year
and requested Staff to review the legislative bills and advise Council of previous and upcoming
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January 12, 2015, Council Meeting Minutes
results to the City in the Friday Memo; Councilmember Earp gave kudos to Enc Ensey for doing a
great job and acknowledged the compliments he received from citizens also expressing their
appreciation and requested Staff to review permits carefully before issuing them to eliminate the
flooding issues in the Lomax area; and Mayor Rigby commented he hoped everyone had a safe
holiday season and wished City Manager Corby Alexander a Happy Birthday.
12. ADJOURN
There being no further business, the meeting adjourned at 7:21 p.m.
Patrice Fogarty, City cretary
Passeftno onJanuary 26, 2015.
M or uis R. gb
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