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HomeMy WebLinkAbout2015-07-13 Regular Meeting of La Porte City Council minutes LOUIS RIGBY Q Mayor �O DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A v r 4VACANT DOTTIE KAMINSKI Councilmember At Large B Councilmember District 4 DANNY EARP JAY MARTIN Councilmember District 1 rexAS Mayor Pro-Tem Councilmember District 5 CHUCK ENGELKEN Councilmember District 2 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE July 13, 2015 The City Council of the City of La Porte met in a regular meeting on Monday, July 13, 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, Earp, Engelken, Clausen and Zemanek. Absent: Councilmembers Leonard and Martin. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. 2. INVOCATION —The invocation was given by Rickie Edwards, New Hope Missionary Baptist. 3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance was led by Mayor Rigby. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation — Harley's Angels Cruzin' to Cure Day The representative for Harley's Angels requested the proclamation be presented at the August 10, 2015, meeting. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Safety Manager of NDS, Jo Soto, 326 S. 16th, addressed Council representing the company with concerns of the truck ordinance; and she requested Council review the ordinance and the effect on businesses. Mike Cobb, 109 Summerwinds Dr., addressed Council in opposition to the proposed 124-unit apartment complex located at the southwest corner of Underwood Rd. and Caniff Rd. that will be presented at the July 16, 2015, Planning and Zoning Commission Meeting. 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 June 22, 2015, and special called city council meeting held on June 29, 2015— P. Fogarty (b) Consider approval or other action regarding a Resolution authorizing the City Manager to execute all contracts and agreements with the State of Texas and such other parties that shall be necessary for conducting a business study of the La Porte Municipal Airport with expenditures from Fiscal Year 2016 Budget of$9,000.00— D. Mick Page 1 of 6 July 13, 2015, Council Meeting Minutes (c) Consider approval or other action regarding a Resolution to approve revised Harris County Multi-Hazard Mitigation Plan for the City of La Porte— K. Gauthier (d) Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Vehicles" of the City of La Porte Code of Ordinances by revising certain regulations related to enforcement of school zones within the corporate limits of the City of La Porte— K. Adcox (e) Consider approval or other action authorizing the Mayor to execute an agreement between San Jacinto Community College District and the City of La Porte for the transfer of obsolete Self Contained Breathing Apparatus equipment and parts —T. Leach Regarding Consent Agenda Item D, Councilmember Earp questioned if the different timings in school zones can be on the same schedules. Chief of Police Ken Adcox commented the City can work with the District on the various school zone schedules. Councilmember Clausen commented the various/staggered timings are due to there not being enough buses and drivers to get students out of school at the same time. Councilmember Zemanek asked if the public can be notified of the school zone times before the flashing lights on Spencer Highway. Chief of Police Ken Adcox responded with the ordinance change, the signage will have to be adjusted to read "school zones are in effect when lights are flashing." Councilmember Engelken moved to approve Consent Agenda items pursuant to staff recommendations. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinance from the Consent Agenda: Ordinance 2015-3587 AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES BY REVISING CERTAIN REGULATIONS RELATED TO ENFORCEMENT OF SCHOOL ZONES 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 HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation of the La Porte Planning and Zoning Commission to approve an Ordinance amending Chapter 106 "Zoning " of the Code of Ordinances of the City of La Porte by adding definitions, and revising regulations related to exterior storage, tree preservation and temporary signs— E. Ensey The public hearing opened at 6:12 p.m. City Planner Eric Ensey presented a summary and advised that the Planning and Zoning Commission recommended approval of the request. Councilmember Earp asked if the trees are replanted, will it replace the payment. City Planner Eric Ensey responded yes, the ordinance is written for an individual to receive credit for replanting trees on their property. Councilmember Earp asked how the tree fund is utilized. Mr. Ensey responded for planting trees in the community. Page 2 of 6 July 13, 2015, Council Meeting Minutes Councilmember Zemanek asked if there are plans in the future to utilize the $600,000.00 in the tree fund account. City Manager Corby Alexander responded the City has ideas for utilizing the tree fund monies but will have to solidify plans. Mayor Rigby asked if having a tree ordinance was a requirement. City Manager Corby Alexander responded he is not aware that an ordinance is required for tree preservation. Councilmember Clausen asked if there is an ordinance for landscaping. Mr. Ensey responded yes. Councilmember Zemanek asked if the dead trees at 5 Points and the entrance to Highway 225 can be replaced from the tree fund account. City Manager Corby Alexander responded yes. Councilmember Earp asked if a citizen will have to pay a $200.00 per sign fee for garage sale signs in thero osed ordinance. Mr. Ensey advised he will confirm but does not believe fees have been P p charged for garage sale signs. Mayor Rigby requested City Secretary Patrice Fogarty confirm if the City has an existing ordinance for garage sales and forward findings to City Council and City Planner Eric Ensey. Paula Bridges, 813 River Creek Dr., addressed Council with clarification for the definition of exterior storage. City Planner Eric Ensey responded exterior storage outside of a building. Maggie Anderson, 909 Garden Walk, addressed Council and requested a committee be formed to research a resolution for the possible cost of posting garage sale signs. The public hearing closed at 6:26.p.m. Councilmember Earp moved to approve exterior storage as written, send the tree preservation and temporary signs back to the Planning and Zoning Commission for review. Councilmember seconded Engelken. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin 8. DISCUSSION OR OTHER ACTION (a) Discussion and possible action regarding report on list of Dangerous Buildings in La Porte— R. Davidson Deputy Building Official Russell Davidson presented a summary for Dangerous Buildings in La Porte. Mr. Davidson informed a voluntary consent has been signed for 201 N. 7th. The following structures remain on the Dangerous Buildings List: 203 Bay Oaks Dr.; 204 N. Forrest Ave; 302 N. 7th St.; 313 S. 7th St.; 330 S. 5th St.; 402 S. 15th St.; 422 S. 2nd St.; 514 N. 5th St., and 626 N. 1St St. Mayor Rigby asked if there are other structures that need to be destroyed but are not due to lack of funding. Mr. Davidson responded no, there is not a budgetary constraint. Councilmember Earp asked if homeowners are contacted and advised what needs to be resolved with the structures before reaching City Council on the Dangerous Building List. Mr. Davidson responded yes. Councilmember Earp moved to accept staff's recommendation to remove the buildings. Councilmember seconded Kaminski. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Page 3 of 6 July 13, 2015, Council Meeting Minutes Nays: None Absent: Councilmembers Leonard and Martin (b) Discussion and possible action regarding request of \AICA to increase commercial containerized solid waste collection fees, under terms of City of La Porte-WCA commercial solid waste collection franchise agreement— D. Mick Public Works Director Dave Mick presented a summary and advised the agreement will be starting year 3 of 5 on November 1, 2015. WCA District Manager Kenneth Ramzinski presented a summary on labor and insurance costs and requested a 5 percent increase. Councilmember Engelken moved to deny the increase. Councilmember seconded Earp. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin 9. REPORTS (a) Receive report of the Drainage and Flooding Committee— Councilmember Clausen Councilmember Clausen provided a report of the Drainage and Flooding Committee meeting held on June 29, 2015. 10. ADMINISTRATIVE REPORTS — City Manager Corby Alexander advised the City will provide information and address Ms. Soto's concerns which were given during her public comments; and advised everyone how pleased and comforted the Moser family is by the support shown by Council and City staff during their time of bereavement. 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, and Mayor Rigby Councilmember Zemanek commented he hopes the Houston Astros start winning baseball games again; and Mayor Rigby commented on the great time everyone had during the July 4th festivities and thanked the Rotary and George Watkins for all their hard work. 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: City Manager Corby Alexander. Texas Government Code, Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside. Texas Government Code, Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd. Page 4 of 6 July 13, 2015, Council Meeting Minutes Texas Government Code, Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside. Texas Government Code, Section 551.071(2) — Consultation with Attorney: Meet with City Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures. City Council recessed the regular Council meeting to convene an executive session at 7:21 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 9:06 p.m. Regarding Section 551.074 — Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander. Councilmember Engelken moved to increase City Manager Corby Alexander's salary by $1000 per month and changes will also be made to the terms of his contract. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside. Councilmember Zemanek moved to approve the waiver of permit fees for future construction of properties and certain home sites and to deny the Madison St. right-of-way and reimbursement of already paid permit fees. Councilmember Engelken seconded. MOTION PASSED. _. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd. Councilmember Clausen moved to deny the proposal. Councilmember Earp seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: Councilmembers Leonard and Martin Page 5 of 6 July 13, 2015, Council Meeting Minutes Regarding Section 551.087(1) — Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside. Councilmember Engelken moved for staff to explore the possibility of development. Councilmember seconded Earp. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Leonard and Martin Regarding Section 551.071(2) — Consultation with Attorney: Meet with City Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures. No action was taken. 14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 9:10 p.m. Councilmember Zemanek seconded. Motion passed unanimously. r Patrice Fogarty, Citya retary 61 Passed an p ro ed on July 27, 2015. May",Lou s R. Rigb Page 6 of 6 July 13, 2015, Council Meeting Minutes