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HomeMy WebLinkAbout2015-01-26 Regular Meeting of La Porte City Council minutes LOUIS RIGBY F L O A Mayon , O DARYL LEONARD JOHN ZEMANEK Councilmember At Large A r'l -1 Councilmember District 3 DOT11E KAMINSKI V \m TOMMY MOSER Mayor Pro Tem Councilmember District 4 ` Councilmember At Large B JAY MARTIN DANNY EARP E�e Councilmember District 5 r 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 26, 2015 The City Council of the City of La Porte met in a regular meeting on Monday, January 26, 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, Martin, Earp, Moser, Leonard, and Engelken. Absent: Councilmembers Clausen and Zemanek. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. 2. INVOCATION —The invocation will be given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition—Retirement of Monway (Monie) Ison (Bay Forest Golf Course) —Mayor Rigby Mayor Rigby recognized the retirement of Monway (Monie) Ison. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Ross Selvaggi, 10016 Porter Rd., addressed Council urging them to oppose to the heavy haul corridor. 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 City Council Meeting held on January 12, 2015—P. Fogarty (b) Consider approval or other action regarding an Ordinance ordering the May 9, 2015, general election in the City of La Porte—P. Fogarty (c) Consider approval or other action regarding an Interlocal Joint Election Agreement between the City of La Porte; La Porte ISD and San Jacinto College—P. Fogarty (d) Consider approval or other action regarding expenditure by the La Porte Development Corporation for an Enhancement Grant not to exceed $25,000 for Lafitte Cajun Station at the completion of the project—S. Livingston ' Page 1 of 6 January 26,2015, Council Meeting Minutes (e) Consider approval or other action authorizing the City Manager to execute an Amendment to the Municipal Maintenance Agreement with Texas Department of Transportation for the maintenance of the right-of-way along State Highway 146—T. Leach (f) Consider approval or other action authorizing the Mayor to execute an Agreement with Harris County Transit Authority for the provision of local circulator bus service—T. Leach (g) Consider approval or other action regarding a Resolution opposing the designation of State Highway 146 as a heavy haul corridor—T. Leach (h) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the southernmost 30' of the Sylvan Ave., right-of-way between Willow Avenue and Park Drive—T. Tietjens (i) Consider approval or other action regarding adoption of a Local Bidder Preference Policy and Local Bidder Preference Application Form —M. Dolby (j) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2014-2015 Budget—M. Dolby Regarding Item H, Councilmember Martin questioned if the City will have to cover the cost of sewer lines for the six (6) new single-family lots after closing the existing sanitary sewer line. Planning and Development Director Tim Tietjens responded no, the developer plans to re-orient the lots; and there will be no obstruction to the utilities. Councilmember Moser moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Engelken, Martin, Kaminski and Earp Nays: None Absent: Councilmembers Clausen and Zemanek Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3565: AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT AND THE SAN JACINTO COLLEGE; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR A SAVINGS CLAUSE; 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 2015-3566: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE SYLVAN AVENUE RIGHT-OF- WAY; RETAINING A 10' WIDE 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 2015-3567: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE; TEXAS, FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30,2015; 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. AUTHORIZATIONS (a) Consider approval or other action regarding an agreement with Ray+Hollington Architects, Inc. for architectural services in the amount of $88,650 for restoration of the historic LPISD Colored School—R. J. Davidson Page 2 of 6 January 26, 2015, Council Meeting Minutes Planning and Development Director Tim Tietjens presented a summary; and Deputy Building Official R. J. Davidson provided specific details of the agreement with Ray+Hollington Architects, Inc., for architectural services and the project. Councilmember Moser moved to approve an agreement with Ray+Hollington Architects, Inc., for architectural services in the amount of$88,650 for restoration of the historic LPISD Colored School. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Moser, Leonard, Earp and Martin Nays: None Absent: Councilmembers Clausen and Zemanek (b) Consider approval or other action regarding an amendment to the City of La Porte Employees Handbook relating to education reimbursement guidelines—A. Curry Human Resources Manager Allison Curry presented a summary. Councilmember Engelken moved to approve an amendment to the City of La Porte Employees Handbook relating to education reimbursement guidelines. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Moser, Leonard, Earp and Martin Nays: None Absent: Councilmembers Clausen and Zemanek 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding an Ordinance amending the current parkland provisions of Development Ordinance 1444, Section 12.01(a) as it relates to assessing fees for individual dwelling units—T. Tietjens Planning and Development Director Tim Tietjens presented a summary. Councilmember Moser moved to approve an Ordinance amending the current parkland provisions of Development Ordinance 1444, Section 12.01(a) as it relates to assessing fees for individual dwelling units. Mayor Rigby seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin, Kaminski and Engelken Nays: None Absent: Councilmembers Clausen and Zemanek Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3568: AN ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 1444 BY AMENDING SECTION 12.01 (a) "GENERAL REQUIREMENT FOR DEDICATION OF LAND AND PAYMENT OF PARK DEVELOPMENT FEE"; 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 THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Discussion or other action regarding notification requirements for property owners in connection with public hearings required under Chapter 106 Zoning of the La Porte Code of Ordinances and heard before the City of La Porte Planning and Zoning Commission; La Porte Zoning Board of Adjustment and La Porte City Council—E. Ensey Page 3 of 6 January 26, 2015, Council Meeting Minutes City Planner Eric Ensey Presented a summary. Councilmember Leonard asked what the notification requirements of surrounding communities are. Mr. Ensey advised Baytown requires 300 feet; Deer Park 200 feet; League City 500 feet; Pasadena 200 feet; and Seabrook 200 feet. Mayor Rigby questioned if the City had received complaints from residents living outside the 200-foot requirement. Mr. Ensey advised there was a case with a Special Conditional Use Permit where citizens from a subdivision were concerned they did not receive notice. Councilmember Earp commented 1000 feet seems like a long way, and maybe 500 feet would be better for consideration. Councilmember Leonard commented 200 feet is fine in most of the city, but in a large lot district maybe having 500-1000 feet would work. Assistant City Attorney Clark Askins advised he would have to do research the law on the subject of dual standards. Councilmember Leonard commented if there is an issue with dual standards, he is more inclined to go with Councilmember Earp's suggestion. Mayor Rigby commented he is fine with 200 feet. Councilmember Martin questioned why not keep the 200 feet and also send notice to the Homeowners' Association president. Assistant City Attorney Clark Askins advised it may be an equal protection issue. Mayor Rigby asked if there was a motion to table until a future meeting in order to give time for the assistant city attorney to research dual standards and equal protection. Councilmember Earp stated he is fine with 200 feet; and Councilmember Leonard stated he is, as well. Councilmember Earp moved to leave as is the notification requirements for property owners in connection with public hearings required under Chapter 106 Zoning of the La Porte Code of Ordinances and heard before the City of La Porte Planning and Zoning Commission; La Porte Zoning Board of Adjustment and La Porte City Council. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin, Kaminski and Engelken Nays: None Absent: Councilmember Clausen and Zemanek The Assistant City Attorney requested clarification regarding whether this subject matter will be considered by the Planning and Zoning Commission. It was clarified that City Council is not forwarding this subject matter to the Planning and Zoning Commission for consideration. (c) Discussion or other action regarding proposed draft updates to the City of La Porte and La Porte Area Water Authority Drought Contingency Plans—D. Mick Public Works Director Dave Mick presented a summary. Councilmember Engelken moved to approve proposed draft updates to the City of La Porte and La Porte Area Water Authority Drought Contingency Plans. Councilmember Moser seconded. MOTION PASSED. Page 4 of 6 January 26, 2015, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin, Kaminski and Engelken Nays: None Absent: Councilmember Clausen and Zemanek (d) Discussion or other action regarding proposed draft updates to the City of La Porte and La Porte Area Water Authority Water Conservation Plans—D. Mick Public Works Director Dave Mick presented a summary. Councilmember Engelken moved to approve proposed draft updates to the City of La Porte and La Porte Area Water Authority Water Conservation Plans. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Moser, Earp, Martin, Kaminski and Engelken Nays: None Absent: Councilmember Clausen and Zemanek 9. 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 reported the City is off to a very good start according the Finance Department. (b) Receive report of La Porte Development Corporation Board —Councilmember Engelken Councilmember Engelken provided a report from the La Porte Development Corporation Board meeting held prior to this meeting, stating the Board will move forward with publishing a 60-day notice of a public hearing to consider awarding an economic development grant to Gantstein Esquire, LLC, for an amount not to exceed $300,000. (c) Receive report on the quarterly Delinquent Tax Report—T. Leach Assistant City Manager Traci Leach provided a report. There were no questions. (d) Receive report on Animal Shelter and Adoption Center—R. J. Davidson Deputy Building Official R. J. Davidson provided a report. Councilmember Engelken asked if there is a projected opening date for the Animal Shelter and Adoption Center. Mr. Davidson responded he cannot give a hard date, but staff is moving forward on an opening date as fast as possible. 10. ADMINISTRATIVE REPORTS • La Porte Development Corporation Board Meeting, Monday, February 9, 2015 • City Council Meeting, Monday, February 9, 2015 City Manager Corby Alexander reminded Council of the City Council Budget Retreat in April and asked Council to give some thought to items they wish to discuss. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin and Mayor Rigby. Councilmember Moser thanked Councilmember Kaminski and Mayor Rigby for attending the Martin Luther King, Jr., Park Dedication and City Staff for their assistance; Councilmember Kaminski commented the Martin Luther King, Jr., Park Dedication had nice attendance and congratulated Page 5 of 6 January 26, 2015, Council Meeting Minutes Monway (Monie) Ison on his retirement; Councilmember Engelken thanked Monway (Monie) Ison for his years of service to the City and congratulated him on his retirement; Councilmember Martin congratulated Monway (Monie) Ison on his retirement, wished Jaree Hefner the best at her new job, commented on the nice speech from Meterologist Neil Frank at the La Porte Chamber of Commerce Installation Banquet and congratulated his son Jeff Martin for been awarded Volunteer q of the Year at the banquet; and Mayor Rigby reiterated comments from Councilmembers Moser and Kaminski in regards to the Martin Luther King, Jr., Park Dedication and the informative speech provided by Meterologist Neil Frank at the La Porte Chamber of Commerce Installation Banquet. 12. ADJOURN There being no further business, the meeting adjourned at 7:02 p.m. Patrice Fogarty, Secretary Passed an r e on February 9, 2015. Ma or L uis R. 'gby Page 6 of 6 January 26, 2015, Council Meeting Minutes