HomeMy WebLinkAbout2015-02-23 Regular Meeting of La Porte City Council minutes LOUIS RIGBY
Mayor p DARYL LEONARD
JOHN ZEMANEK I4 9 Councilmember District 3
Councilmember At Large A r '�
DOTTIE KAMINSKI V m TOMMY MOSER
Mayor Pro Tem Councilmember District 4
Councilmember At Large B JAY MARTIN
DANNY EARP rexw►g 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
FEBRUARY 23, 2015
The City Council of the City of La Porte met in a regular meeting on Monday, February 23, 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 6:02 p.m. Members of Council present:
Councilmembers Kaminski, Martin, Earp, Leonard, Clausen, Zemanek, Moser and Engelken. Also
present were City Secretary Patrice Fogarty, and City Manager Corby Alexander.
2. INVOCATION —The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember John
Zemanek.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition—Citizens Certificate of Merit—Mayor Rigby
This item was pulled due to the honorees not being able to attend the meeting.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., addressed Council voicing opposition to the La Porte Development
Corporation Board providing incentive grants and provided a list of grants previously provided. In
addition, Mr. Rosa requested the City build sidewalks for the kids in the community.
Mark Young, a representative with the United Steel Workers Union, 311 Pasadena Blvd, Pasadena,
TX, addressed Council and advised the current strike is about safety for the workers and not about
money.
Jana Pellusch, 714 Dartmouth Ln. Deer Park, TX, addressed Council in regards to the current strike
and requested Council support the safety of workers.
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
February 9, 2015—P. Fogarty
(b) Consider approval or other regarding a Resolution opposing Senate Bill 343 and any other
legislation which would erode the authority of a Home Rule Municipality—P. Fogarty
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February 23,2015, Council Meeting Minutes
(c) Consider approval or other action authorizing the City of La Porte to convey a 30' side
easement to Dow Hydrocarbons and Resources, LLC, for future construction of a 12-inch
Ethane Pipeline—T. Tietjens
(d) Consider approval or other action authorizing the purchase of chemicals and fertilizers from
Helena Chemical utilizing BuyBoard contract 477-14—A. Osmond
(e) Consider approval or other action regarding authorization for the La Porte Development
Corporation to extend an enhancement grant amount not to exceed $25,000 to Eagle
Energy Resources, LLC, to be awarded at the completion of the project—S. Livingston
(f) Consider approval or other action authorizing the City Manager to execute an interlocal
agreement with the City of Shoreacres for provision of Fire Protection Services—D. Ladd
(g) Consider approval or other action regarding a Resolution authorizing the resale of certain
tax delinquent properties located in Block 200, Lots 19 & 20 Block 76, Lots 27, 28 & 29,
Town of La Porte
Regarding Item c, Councilmember Earp questioned if $10.00 in the terms and conditions of the
easement e t i s correct. Planning and Development Director Tim Tietjens advised the amount is
correct, and it is typical deed language.
Regarding item d, Councilmember Earp questioned if the BuyBoard quotes are compared with
other quotes. Purchasing Manager Cherell Daeumer advised the prior contract was compared with
the pricing on the BuyBoard.
Regarding item e, Councilmember Earp questioned how much funding is available in the
enhancement grant fund. Economic Development Coordinator Scott Livingston responded
$210,000. In addition, Mr. Livingston provided additional information for the enhancement grant,
and that it is funded by 4B sales taxes.
Regarding item f, Councilmember Martin questioned why the City of La Porte only provides fire
protection to the City of Shoreacres. Assistant Fire Chief Donald Ladd advised the City of
Shoreacres were offered Emergency Medical Services, also, but decided on fire protection only.
Councilmember Zemanek moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Moser,
Leonard, Engelken, Martin, Kaminski and Earp
Nays: None
Absent: None
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendations by the Planning and Zoning
Commission to approve Special Conditional Use Permit Request #14-91000003, to allow
construction of an off-site parking lot at the southeast corner of S. 16th Street and W. C Street in
a General Commercial (GC) District—E. Ensey
The public hearing was opened at 6:21 p.m.
City Planner Eric Ensey presented a summary.
Councilmember Martin questioned if the property is owned by Medders Construction. Mr. Ensey
responded yes.
There being no input from the public, the public hearing closed at 6:24 p.m.
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February 23, 2015, Council Meeting Minutes
(b) Consider approval or other action regarding Special Conditional Use Permit Request
#14-91000003, for the purpose of developing an off-site parking lot for Medders Construction at
the southeast corner of S. 16th Street and W. C Street in a General Commercial (GC) District —
E. Ensey
Councilmember Moser moved to approve an Ordinance amending Chapter 106 Zoning of the Code
of Ordinances of the City of La Porte by granting Special Conditional Use Permit Request
#14-91000003, for the purpose of developing an off-site parking lot for Medders Construction at the
southeast corner of S. 16th Street and W. C Street in a General Commercial (GC) District.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3571: AN
ORDINANCE AMENDING; THE CODE OF ORDINANCES OF THE CITY_OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 14-91000003 FOR THAT CERTAIN PARCEL OF LAND HEREIN
DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF-SITE PARKING LOT FOR MEDDERS
CONSTRUCTION CO., INC. AT THE SOUTHEAST CORNER OF S 16TH STREET AND W. C STREET; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the 31 Street Paving Project — Councilmembers
Zemanek, Earp and Kaminski
Councilmember Zemanek advised the item was added to the agenda to provide Council a progress
report on the project and to ensure there are not any concerns with the contractor, City or
homeowners on 3"d Street.
Public Works Director Dave Mick provided a summary and update on the project.
Councilmember Zemanek asked if the City believes the project is progressing as it should and no
delays are expected with the completion. Mr. Mick responded in terms of funds, the project is on
schedule; and in terms of the time allowed in the contract, the project is on schedule.
Councilmember asked if there are any expected change orders. Mr. Mick responded yes, one for
dirt quantities, and it is not uncommon to expect change orders with projects.
Brad Matlock with Cobb Fendley and Curtis Paskey with Paskey, Inc., spoke and provided
information on dirt calculations.
Councilmember Martin asked how the City knows if loads of dirt for a fill dirt permit are being moved
to Wharton Weems. Mr. Paskey responded when a design drawing is turned in showing elevations
matching the permit.
Public Works Director Dave Mick reported the middle of September is the estimated completion for
the project.
Councilmember Moser thanked Curtis Paskey, City Manager Corby Alexander, Public Works
Director Dave Mick, Assistant Public Works Director Don Pennell and Street Superintendent James
Clark for working together as a team on the 3r'Street Paving Project.
No action was taken.
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February 23, 2015, Council Meeting Minutes
(b) Discussion or other action regarding furnishing effluent water to Enterprise Products — C.
Alexander
City Manager Corby Alexander presented a summary and advised all proposed costs will be
incurred by Enterprise Products.
Councilmember Earp asked if the effluent water the City may provide to Enterprise Products would
be needed for expanding the City's future water capacity. Public Works Director Dave Mick advised
the City would never treat effluent water for potable water.
Mr. Alexander stated it would be difficult to imagine a City use for this effluent water.
Mayor Rigby asked if furnishing effluent water to Enterprise Products will affect the Bayforest Golf
Course or Little Cedar Bayou. Mr. Mick responded no. The flow to the golf course will remain the
same. What's going to Little Cedar Bayou, we'd be taking as much as we could. Mayor Rigby
questioned how many gallons of water is treated daily. Mr. Mick responded on average 2.8 million
gallons a day—a billion gallons a year, varying on wet or dry seasons. Mr. Alexander stated that is
how much we discharge, not how much we treat.
Mayor Rigby asked if the City needed this water, would the amount going to Enterprise Products
decrease by what is needed by the City. Mr. Mick responded that Enterprise Products will want a
contractual minimum—approximately 400 million gallons over the period of a year.
Councilmember Zemanek asked what is the route for getting the water from the outflow to Morgan's
Point? Mr. Mick responded a route has not been determined until staff is directed to move forward.
Councilmember Moser questioned if the process of furnishing the effluent water will be inconvenient
to citizens once the route is determined. City Manager Corby Alexander responded one of the main
concerns is creating the least amount of disturbance, but a 16" diameter line running from 4t' street
to Morgan's Point will create some disruption.
Steve Stephens, Director and Project Manager for Enterprise Products, provided information for
construction and avoiding an impact in the community.
Councilmember Moser moved for City Manager Corby Alexander and staff to continue to look at
this project. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
9. Reports
(a) Receive report of La Porte Development Corporation Board—Councilmember Engelken
Councilmember Engelken reported a grant payment was approved to Ronda Stockton, owner of
And Sew It Began; the publication of a 60-day notice was denied for an economic development
grant not to exceed $350,000 to owners of Fischer's Do It Best Hardware due to more information
being needed. Councilmember Martin added board members are scheduling a workshop meeting
to establish guidelines for economic development projects and the enhancement grant program.
10. ADMINISTRATIVE REPORTS
There were no additional Administrative Reports.
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
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February 23, 2015, Council Meeting Minutes
information or existing policies— Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken,
Earp, Clausen, Martin and Mayor Rigby.
Councilmember Zemanek thanked everyone for attending the meeting; Paskey Inc., and Cobb
Fendley for their attendance at the meeting, and thanks to Jaree Hefner for the Mardi Gras and Sip
and Stroll; Councilmember Earp thanked Assistant City Manager Traci Leach for her work with the
Mardi Gras; Councilmember Clausen echoed Councilmembers Zemanek and Earp's comments on
the Mardi Gras/Sip and Stroll event; Councilmember Moser sent kudos to staff for the great events
held on Saturday night, and Mayor Rigby commented the events were great and well attended and
also reported he attended the event at the Battleship Texas to honor survivors of Iwo Jima and how
great is to see them and shake their hands.
12. 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 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Patrice Fogarty, City Secretary and Corby Alexander, City Manager.
City Council recessed the regular Council meeting to convene an executive session at 7:06 p.m. to
evaluate Patrice Fogarty, City Secretary, and Corby Alexander, City Manager.
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 9:39 p.m.
Councilmember Zemanek moved to grant Patrice Fogarty, City Secretary, and Corby Alexander,
City Manager each a 3.5 percent increase for the coming year. Councilmember Moser seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Martin,
Clausen, Kaminski, Engelken, Zemanek, and Earp
Nays: None
Absent: None
14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
9:40 p.m. Councilmember Zemanek seconded. MOTION PASSED.
Patrice Fogarty, C ecreta
Passed an d on March 9, 2015.
May r Lo is R. Ri ti
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February 23, 2015, Council Meeting Minutes