HomeMy WebLinkAbout2015-06-08 Regular Meeting of La Porte City Council minutes LOUIS RIGBY OQY F A
Mayor O DARYL LEONARD
JOHN ZEMANEK 9
Councilmember At Large A .1 Councilmember District 3
DOTTIE KAMINSKI v m TOMMY MOSER
Mayor Pro Tem Councilmember District 4
Councilmember At Large B JAY MARTIN
DANNY EARP *exp® 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
JUNE 8, 2015
The City Council of the City of La Porte met in a regular meeting on Monday, June 8, 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, Moser, Earp, Leonard, Engelken, Clausen and Zemanek. Also
present were City Secretary Patrice Fogarty and City Manager Corby Alexander.
2. INVOCATION —The invocation was given by Michael Thannisch, Congregation Benim Avraham.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Dottie
Kaminski.
4. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
(a) Recognition — Retirement of Wanda Richards (City of La Porte Police Department) — Mayor
Rigby
Mayor Rigby recognized Wanda Richards for 30 years of service as a Telecommunications Officer
for the City of La Porte Police Department.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Philip Dunn, 701 San Jacinto St., addressed Council regarding Item 9, potential amendments to the
City of La Porte Truck Route Map and expressed his concerns for the safety of the community.
Maggie Anderson, 909 Garden Walk, addressed Council regarding Item 9, potential amendments to
the City of La Porte Truck Route Map and expressed concerns for safety if Spencer Highway is
withdrawn from the truck route.
Chuck Rosa, 812 S. Virginia, addressed Council regarding Five Points Plaza and suggested
placing a statue of Emily West Morgan at the plaza.
Nancy Ojeda, 10302 Winding Trail, addressed Council and spoke in favor of Item 8a, an
"expenditure by the La Porte Development Corporation in an amount not to exceed $300,000.00 in
connection with project for an economic development incentive to Gantstein Esquire, LLC.,"to open
a new Pipeline Grill Restaurant. Ms. Ojeda advised she is against the requirement of Pipeline
having a $3,750,000.00 total taxable retail sales parameter due to the possibility of unforeseen
circumstances such as a hurricane or other nature disaster.
Real Estate Broker Alan Ward 4731 Louise St., Seabrook TX addressed Council in support of
economic development negotiations: Sector 23.
Page 1 of 6
June 8, 2015, Council Meeting Minutes
Manager of Oakland Land & Development, LLC., Jeff Burkhalter, deferred his time to address
Council to Mr. Campbell in order to avoid multiple comments of the same nature.
Engineering Consultant representing Oakland Land & Development Bill Campbell addressed Council
regarding Council's deliberation on economic development negotiations: Sector 23, and advised
Oakland Land & Development LLC., has been in business for a while, commented they want to be
good neighbors in the community and has invested heavily in the area, and it's a long term goal. In
addition, Mr. Campbell advised the company has always operated by the rules and guidelines of the
City.
David Janda, 3601 East Desert Dr., addressed Council in spoke in favor of Item 8a, expenditure by
the La Porte Development Corporation in an amount not to exceed $300,000.00 in connection with
the Pipeline Grill Restaurant project in La Porte.
Marie Lewis, 211 Bayshore Dr., addressed Council with concerns of trucks on Fairmont Parkway
and suggested the trucks be designated in the right lanes only.
John Kling, 11025 Pinewood Ct., addressed Council and commented he is not against Item 8a, the
Pipeline Grill Restaurant incentive, but is against using his tax dollars to build the restaurant. Mr.
Kling also addressed Council regarding Item 9, potential amendments to the City of La Porte Truck
Route Map, and commented traffic is dangerous on Fairmont Parkway and expressed the concern to
keep trucks off Spencer Highway.
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
May 11, 2015— P. Fogarty
(b) Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2014-2015 Budget—M. Dolby
(c) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing a portion of the alley in Block 182, La Porte, retaining a 16-foot wide Public Utility
Easement within the area to be closed and authorizing the City Manager to execute a deed
to the adjacent owner for the subject right-of-way (215 E. Main) —T. Tietjens
(d) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the alley in Block 866, La Porte, and authorizing the City Manager to execute a deed
to the adjacent owner for the subject right-of-way (900 block of S. 14th Street)—T. Tietjens
(e) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing a portion of the East E Street, Texas Avenue, and Dakota Avenue Rights-Of Way,
as well as the entire alleys in Blocks 243 and 244, La Porte; retaining a 25-foot wide Storm
Sewer Easement within the area to be closed and authorizingh i
the City Manager to execute a
deed to the adjacent owner—T. Tietjens
(f) Consider approval or other action authorizing the City Manager and the La Porte Police
Department to submit for the Crime Victim's Liaison Grant for the 2016-2017 Fiscal Year in
order to continue partial funding for the Crime Victim's Liaison position—K. Adcox
Councilmember Leonard moved to approve all Consent Agenda items pursuant to staff
recommendations. Councilmember Moser seconded. MOTION PASSED.
Page 2 of 6
June 8, 2015, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Moser,
Leonard, Martin, Zemanek, Kaminski and Earp
Nays: None
Absent: None
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinances from Consent
Agenda:
Ordinance 2015-3580: 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.
Ordinance 2015-3581: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
ALLEY IN BLOCK 182, LA PORTE; RETAINING A 16' WIDE PUBLIC UTILITY 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.
Ordinance 2015-3582: AN ORDINANCE VACATING, ABANDONING AND CLOSING AN ALLEY IN BLOCK
866, LA PORTE, 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.
Ordinance 2015-3583: AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF THE
EAST"E" STREET, TEXAS AVENUE, AND DAKOTA AVENUE RIGHTS-OF-WAY; RETAINING A 25' WIDE
STORM 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.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding the La Porte Fire Control, Prevention and
Emergency Medical Services District's proposed budget for the fiscal year which begins
October 1, 2015, as approved by the Board of Directors of the District at its meeting held on
May 26, 2015; consider approval of proposed budget of La Porte Fire Control, Prevention
and Emergency Medical Services District—D. Ladd
The public hearing opened at 6:38 p.m.
Assistant Fire Chief Donald Ladd presented a summary of the La Porte Fire Control, Prevention
and Emergency Medical Services District's proposed budget for FY 2015/2016.
There being no public comments, the public hearing closed at 6:51 p.m.
Councilmember Engelken moved to approve the proposed budget of La Porte Fire Control,
Prevention and Emergency Medical Services District for the fiscal year which begins October 1,
2015. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
(b) Public hearing to receive comments regarding recommendation of the La Porte Planning
and Zoning Commission to approve a Special Conditional Use Permit (SCUP)
#15-91000002 for the purpose of constructing a warehouse facility on a 7.1-acre tract of
land at the southeast corner of South 16th Street and West M Street Intersection, and
Page 3 of 6
June 8, 2015, Council Meeting Minutes
consider an Ordinance amending Chapter 106, "Zoning," of Code of Ordinances by
approving Special Conditional Use Permit (SCUP)#15-91000002 - E. Ensey
Mayor Rigby asked for a motion to postpone the item due to developer Generational
Commercial Properties calling this morning and requested the SCUP be postponed until
further notice as the proposed end user and the developer have yet to come to a final
agreement.
Councilmember Clausen moved to postpone the item. Councilmember Moser seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Clausen,
Engelken, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
8. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a) Consider approval or other action authorizing expenditure by the La Porte Development
Corporation in an amount not to exceed $300,000.00 in connection with project for an
economic development incentive to Gantstein Esquire, .LLC.," to open a new Pipeline Grill
Restaurant in La Porte, Texas—S. Livingston
Economic Development Coordinator Scott Livingston presented a summary.
Councilmember Leonard questioned if the agreement is prorated. Mr. Livingston responded no,
Gantstein Esquire, LLC, will have to bring in 3.75 million taxable retail sales to get into the pro-rata
period.
Councilmember Earp questioned current retail sales for restaurants in the City. Mr. Livingston
advised he will have to go back and refer to the Stars Report.
Councilmember Zemanek thanked Mr. Livingston and Mr. Gant for providing the agreement and
commented he plans to support the project.
Councilmember Engelken moved to authorize expenditure by the La Porte Development
Corporation in an amount not to exceed $300,000.00 in connection with a project for an economic
development incentive to Gantstein Esquire, LLC.," to open a new Pipeline Grill Restaurant in
La Porte. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Martin, Clausen,
Engelken, Leonard, Zemanek, Kaminski and Earp
Nays: None
Absent: None
(b) Consider approval or other action regarding an Ordinance appointing a member of the City
Council to serve as Mayor Pro-Tem of the City of La Porte, Texas, for the period June 1,
2015, through May 31, 2016— P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Zemanek moved to appoint Councilmember Earp to serve as Mayor Pro-Tem for
the period June 1, 2015, through May 31, 2016. Councilmember Earp responded, "No thank you."
Councilmember Zemanek withdrew his motion.
Councilmember Clausen moved to appoint Councilmember Martin to serve as Mayor Pro-Tem of
the City of La Porte, Texas, for the period June 1, 2015, through May 31, 2016. Councilmember
Moser seconded. MOTION PASSED.
Page 4 of 6
June 8, 2015, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Leonard, Martin, Zemanek,
Moser, Engelken, Clausen, Kaminski and Earp
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3584: AN
ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF
THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 1, 2015, THROUGH MAY 31, 2016, OR UNTIL
A SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF.
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding potential amendments to the City of La Porte Truck Route
Map—C. Alexander
City Manager Corby Alexander presented a summary and advised if Spencer Highway is pulled off
the truck route, it can still be used as a destination point of origin.
Councilmember Zemanek asked if an origin and destination example would be a gas station
located on Broadway not being on the truck route but considered a destination to get fuel. Mr.
Alexander responded yes, and pulling Spencer off the truck route map would not necessarily mean
you could not still locate a high truck user along Spencer Highway;
Councilmember Zemanek made a motion to withdraw Spencer Highway from the truck route map
west of 16th Street to Underwood. The motion died for a lack of a second.
10. ADMINISTRATIVE REPORTS -There were no additional reports.
1
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 Kaminski, Zemanek, Leonard, Engelken, Earp,
Clausen, Martin, Moser and Mayor Rigby
Councilmembers Kaminski, Leonard, Clausen and Engelken congratulated Wanda Richards for 30
years of service with the City; Councilmember Earp congratulated Wanda Richards for 30 years of
service with the City and all the high school graduates this year; Councilmember Martin
congratulated Wanda Richards for 30 years of service with the City, thanked Donald Ladd for his
presentation and Scott Livingston for his work on the Pipeline Grill Restaurant; Councilmember
Moser congratulated Wanda Richards for 30 years of service with the City and invited everyone to
come out and enjoy the Juneteenth festivities. Mayor Rigby commented the Plant Manager's
Breakfast was well attended; thanked Councilmembers Moser and Martin for their kind words at his
swearing in as President of the Harris County Mayors' and Councils'Association; thanked everyone
who helped plan the Jake Worthington Family Picnic; invited everyone to the Triathlon this Saturday
and Sunday, and informed he attended the Port Region Stakeholders Committee meeting at the
Economic Alliance Port Region, and Commissioner Morman was speaking in regards of widening
Beltway 8 from Hwy, 225 north which will begin in 2017 and completed in 2019; and the widening of
Beltway 8 from 225 south to Interstate 45, which will begin around the same time and will be
complete in 2021; and an update was provided on the expansion of Highway 146.
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 551.071 (2) — Consultation with City Attorney: Meet with City
Attorney to discuss Port Crossing Business Parts—SCUP 06-006.
Page 5 of 6
June 8, 2015, Council Meeting Minutes
Texas Government Code, Section 551.087 (2) — Deliberation regarding economic development
negotiations: Sector 23.
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee:.City Manager Corby Alexander.
City Council recessed the regular Council meeting to convene an executive session at 7:25 p.m.
regarding the items listed above.
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 8:20 p.m.
Regarding Section 551.071 (2) Consultation with City Attorney: Meet with City Attorney to discuss
Port Crossing Business Park—SCUP 06-006.
Councilmember Martin moved to direct staff to draft a letter agreeing to the SCUP as written and
conduct further negotiations on development of the 300 acres. Councilmember Kaminski seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Martin, Zemanek,
Moser, Engelken, Clausen, Kaminski and Earp
Nays: None
Absent: None
Regarding Section 551.087 (2) — Deliberation regarding economic development negotiations:
Sector 23.
Councilmember Moser moved to direct staff to review any legal questions on the reimbursement of
street and alley closings and reimbursing dollars for build out of infrastructure; and pending the
outcome of the review, to negotiate a deal with Oakland Realty Co. Councilmember Kaminski
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Martin, Zemanek,
Moser, Engelken, Clausen, Kaminski and Earp
Nays: None
Absent: None
Regarding the executive session pertaining to Section 551.074 Deliberation concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: City Manager Corby Alexander.
Mayor Rigby advised there is no action and requested staff to place an item like this on the next
City Council meeting.
14. ADJOURN -There being no further business, Councilmember Engelken made a motion to adjourn
jLthe meeting at 8:22 p.m. Councilmember Zemanek seconded. Motion passed unanimously.
J1 11-A J
Patrice Fogarty, Ofy Se etary
11
Passed dap v on June 22, 2015.
Ma or vuis R. Ri by
Page 6 of 6
June 8, 2015, Council Meeting Minutes