The URL can be used to link to this page

Home My WebLink About2015-09-14 Regular Meeting of La Porte City Council minutes LOUIS RIGBY CF A DARYL LEONARD Mayor O Councilmember District 3 JOHN ZEMANEK Councilmember At Large A .� KRISTIN MARTIN DOTTIE KAMINSKI v m Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Mayor Pro-Tem Councilmember District 1 rEXAG Councilmember District 5 CHUCK ENGELKEN MIKE CLAUSEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 14, 2015 The City Council of the City of La Porte met in a regular meeting on Monday September 14, 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, J. Martin, Leonard, Zemanek, K. Martin and Clausen. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. Councilmember Engelken joined the meeting at 6:22 p.m. 2. INVOCATION —The invocation was given by Thomas Park, Fairmont Park Church. 3. PLEDGE OF ALLEGIANCE —The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia St., addressed Council suggesting funds from the La Porte Development Corporation be used to invest in restoring dangerous buildings in the City versus demolishing the dangerous buildings; he also addressed concerns of dogs no longer being allowed on the pier at Sylvan Beach. Alan Ward, 10022 Roseberry Dr., addressed Council in support of the proposed Brigadoon Brewery coming to the City. Cheyenne Sprouse, 410 S. Lobit, addressed Council in support of the proposed Brigadoon Brewery coming to the City. Barbara Norwine, 202 S. Lobit, addressed Council with concerns of an EMS invoice she received from the City after calling 911 for medical attention and no transportation to a hospital. Ms. Norwine also spoke in opposition to the proposed Brigadoon Brewery coming to the City. 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 Regular City Council Meeting held on August 24, 2015 and Special Called Meeting held on September 3, 2015 — P. Fogarty (b) Consider approval or other action adopting an Ordinance repealing Ordinance No. 2015- 3592 concerning condemnation of structures located at 313 S. 7th Street— P. Fogarty (c) Consider approval or other action regarding appointment of Lia Ferrell to the La Porte Police Reserve Force— K. Adcox Page 1 of 7 September 14, 2015, Council Meeting Minutes (d) Consider approval or other action regarding an Ordinance authorizing the execution by the City of La Porte of an Industrial District Agreement with Hydro-Fairmont Real Estate, LLC, for property located at 11802 Fairmont Parkway in the Bayport Industrial District, for the term commencing January 1, 2008 and ending December 31, 2019— K. Powell (e) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Hydro-Fairmont Real Estate, LLC for its development at 11802 Fairmont Parkway in the Bayport Industrial District — T. Tietjens Regarding Item C, Councilmember Zemanek questioned the order of the Reserve Force. Police Chief Ken Adcox responded 10 unpaid commissioned officers without benefits are allowed to serve 16 hours per month, per the City Charter. Councilmember K. Martin questioned the ranking if an officer decides to come off the Reserve Force. Chief Adcox responded if an officer returns within two years in good status, the ranking and seniority will remain the same. Councilmember Zemanek asked if an officer decides to return and there is not a position available, will the officer then filling the position be demoted? Mr. Adcox responded Council and City Administrative can decide to fill the position through attrition. Regarding Item D, Mayor Rigby questioned the representative of Hydro-Fairmont Real Estate, LLC. Tax Manager Kathy Powell responded a subsidiary of Kelly Fairmont. Mayor Rigby asked what type of business is Kelly Fairmont. City Manager Corby Alexander responded industrial pumps and motors. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3599: AN ORDINANCE REPEALING ORDINANCE 2015-3592, CONCERNING CONDEMNATION OF BOTH THE ACCESSOARY STORAGE BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK 19: SOUTH 10, OF LOT 6, AND ALL OF LOTS 7 AND 8 TOWN OF LA PORTE, HARRIS COUNTY TEXAS MORE COMMONLY KNOWN AS 313 S 7T" STREET: CONTAINING A SEVERABILITY 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 2015-3600: AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH HYDRO-FARIMONT REAL ESTATE, LLC, FOR PROPERTY LOCATED AT 11802 FAIRMONT PARKWAY FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Leonard moved to approve all Consent Agenda items pursuant to staff recommendations. Councilmember J. Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers J. Martin, Leonard, Zemanek, K. Martin, Clausen, Kaminski and Earp Nays: None Absent: Councilmember Engelken 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding a request to approve Special Conditional Use Permit (SCUP) # 15-91000005 to allow construction of an approximately 240,000 square foot warehouse/distribution facility at the southeastern corner of 2. 16th Street and the W. M Street intersection; and consider an Ordinance amending Chapter 106, "Zoning" of the Code of Ordinances by approving SCUP #15-91000005, in accordance with Planning and Zoning Commission recommendation to approve subject to conditions— E. Ensey The public hearing opened at 6:21 p.m. Page 2 of 7 September 14, 2015, Council Meeting Minutes City Planner Eric Ensey presented a summary. Councilmember Engelken arrived at 6:22 p.m. President of Generational Commercial Properties, Joe Llamas, spoke and advised Council the business will occupy only one tenant but is designed to occupy multiple tenants. There being no public comments, the public hearing closed at 6:26 p.m. Councilmember Leonard moved approve Special Conditional Use Permit (SCUP) # 15-91000005 to allow construction of an approximately 240,000 square foot warehouse/distribution facility at the southeastern corner of 2. 16th Street and the W. M Street intersection; and consider an Ordinance amending Chapter 106, "Zoning" of the Code of Ordinances by approving SCUP #15-91000005, in accordance with Planning and Zoning Commission recommendation to approve subject to conditions. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers J. Martin, Clausen, Kaminski, Earp, K. Martin, Leonard, Zemanek and Engelken Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3601: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 15-91000005 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A WAREHOUSE/DISTRIBUTION FACILITY AT SOUTHEAST CORNER OF SOUTH 16TH STREET AND WEST M STREET INTERSECTION; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT CONTAINING A SERVABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Public hearing to receive comments regarding the City of La Porte, Texas' Fiscal Year 2015-2016 Proposed Budget— M. Dolby The public hearing opened at 6:27 p.m. Finance Director Michael Dolby presented a summary. Councilmember Leonard asked if the delayed Vehicle Replacement is on hold until next budget year. Mr. Dolby responded yes Councilmember Earp questioned why the added $107,669 for Enhancement Grants. Economic Development Coordinator Scott Livingston responded the funds have not been committed and the program parameters were expanded to include all businesses in La Porte by the La Porte Development Corporation Board. Councilmember Zemanek asked if $169,000.00 was taken away for the equestrian trail and added back for the L Street Proposed Safe Sidewalk Design. Mr. Dolby responded yes. Councilmember Zemanek asked if that is a realistic amount for the L Street Proposed Safe Sidewalk Design. City Manager Corby Alexander responded the amount is a placeholder and can be zeroed out, and staff can come back to Council with an amount. Regarding insurance, Councilmember Zemanek questioned the amount of medical claims for in-network versus out-of-network. City Manager Corby Alexander responded 80% of the claims are in-network. Chuck and Samantha Rosa, 812 S. Virginia St., spoke and asked Council to eliminate the rule of dogs not begin allowed on the pier. Page 3 of 7 September 14, 2015, Council Meeting Minutes There being no additional public comments, the public hearing closed at 7:15 p.m. (c) Consider approval or other action regarding an Ordinance approving and adopting the City of La Porte Texas' Fiscal Year 2015-2016 Proposed Budget— M. Dolby Councilmember Clausen moved to adopt the City of La Porte Texas' Fiscal Year 2015-2016 Proposed Budget as presented with no amendments. There was no second. Motion failed. Councilmember Earp moved to amend the budget by removing the L Street Proposed Safe Sidewalk Design from the City of La Porte, Texas' Fiscal Year 2015-2016 Proposed Budget. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Kaminski, K. Martin, Earp and Engelken Nays: Councilmember Clausen Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3602: AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2015 THROUGH SEPTEMBR 30, 2016; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARTION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. ORDINANCES/RESOLUTIONS/AUTHORIZATIONS (a) Consider approval or other action ratifying property tax revenue increase reflected in 2015-2016 Fiscal Year Budget—M. Dolby Finance Director Michael Dolby presented a summary. Councilmember Zemanek moved to ratify property tax revenue increase reflected in 2015-2016 Fiscal Year Budget. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Clausen, Kaminski, K. Martin, Earp and Engelken Nays: None Absent: None (b) Consider approval or other action regarding a Resolution adopting the 2015 Appraisal Roll of the Harris County Appraisal District— M. Dolby Finance Director Michael Dolby presented a summary. Councilmember Clausen moved to adopt the 2015 Appraisal Roll of the Harris County Appraisal District. Councilmember J. Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Clausen, Kaminski, K. Martin, Earp and Engelken Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Resolution 2015-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2015 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. (c) Consider approval or other action regarding an Ordinance establishing the tax rate for the current tax year (2015) for a total tax rate of$0.71 per hundred dollar valuation — M. Dolby Page 4 of 7 September 14, 2015, Council Meeting Minutes Finance Director Michael Dolby presented a summary. Councilmember Leonard moved to approve an Ordinance establishing the tax rate for the current tax year (2015) for a total tax rate of $0.71 per hundred dollar valuation. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Clausen, Kaminski, K. Martin, Earp and Engelken Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3603: AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (d) Consider approval or other action regarding proposed salary adjustment for Civil Service Personnel, under terms of Meet and Confer Agreement— K. Adcox Police Chief Ken Adcox presented a summary. Mayor Rigby requested that during the next negotiating period, the cities being compared be more closely related to the City of La Porte's Police Department. Councilmember Leonard moved to approve the proposed salary adjustment for Civil Service Personnel, under terms of Meet and Confer Agreement. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Clausen, Kaminski, K. Martin, Earp and Engelken Nays: None Absent: None (e) Consider approval or other action authorizing the City Manager, as General of the La Porte Area Water Authority to formally dispute portions of the FY 2016 budget for the Southeast Water Purification Plant, and the authorize a $15,000.00 increase in the La Porte Area Water Authority budget for professional services — D. Mick Public Works Director Dave Mick presented a summary. Councilmember Leonard asked the amount of water fee increase for the City due to the FY2016 budget for the Southeast Water Purification Plant. Mr. Mick responded the fees can approach an estimated $80,000.00-$100,000.00. Councilmember Zemanek moved to authorize the City Manager, as General of the La Porte Area Water Authority, to formally dispute portions of the FY 2016 budget for the Southeast Water Purification Plant, and the authorize a $15,000.00 increase in the La Porte Area Water Authority budget for professional services. Councilmember Earp seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard, J. Martin, Clausen, Kaminski, K. Martin, Earp and Engelken Nays: None Absent: None Page 5 of 7 September 14, 2015, Council Meeting Minutes 8. REPORTS (a) Receive report of the La Porte Development Corporation Board —Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting held on August 26, 2015. (b) Receive Strategic Plan Update—T. Leach Assistant City Manager Traci Leach provided an update. 9. ADMINISTRATIVE REPORTS There were no additional reports. Mr. Alexander advised Council he will reach out to Ms. Norwine regarding her concern for the EMS invoice with no transportation to a medical facility. 10. 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 K. Martin, Clausen and Mayor Rigby Councilmembers Earp and Kaminski thanked staff for preparing the budget; Councilmember Clausen thanked everyone for attending the meeting and welcomed Councilmember Kristin Martin aboard; Councilmember J. Martin congratulated Lia Ferrell on the birth of her first child and Cameron Briscoe on his promotion; Councilmember K. Martin thanked District 4 for voting in the Special Election and City Staff and everyone for welcoming her as an elected official; Councilmember Zemanek welcomed Councilmember Kristin Martin; Councilmembers Leonard and Engelken thanked staff for preparing the budget and welcomed Councilmember Kristin Martin; and Mayor Rigby welcomed Councilmember Kristin Martin, thanked staff for preparing the budget, advised of his attendance to the Ceremonial Exchange of SCBA equipment, the event supporting Law Enforcement Officers held at La Porte Police Department, and his participation in the 2015 Full Scale Exercise. Councilmember Leonard advised everyone to view the La Porte Police Department recruitment video on YouTube. 11. 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 551.072 — For the purpose of deliberating the purchase, exchange, lease or value of real property: former Parks and Wildlife Building and surrounding property. City Council recessed the regular Council meeting to convene an executive session at 7:35 p.m. regarding the item listed above. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 8:18 p.m. Councilmember Leonard moved to direct staff to provide additional information. Councilmember J. Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, J. Martin, K. Martin, Clausen, Zemanek, Kaminski, Earp and Engelken Nays: None Absent: None Page 6 of 7 September 14, 2015, Council Meeting Minutes 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:19 p.m. Councilmember Zemanek seconded. Motion passed unanimously. Patrice Fogarty, City ecretar Passedon roved September 28, 2015. p p Ma or ouis R. q9b Page 7 of 7 September 14, 2015, Council Meeting Minutes