HomeMy WebLinkAbout2015-10-26 Regular Meeting of La Porte City Council minutes LOUIS RIGBY CF L A DARYL LEONARD
Mayor Q Councilmember District 3
JOHN ZEMANEK
Councilmember At Large A KRISTIN MARTIN
DOTTIE KAMINSKI g v �.m Councilmember District 4
Councilmember At Large B JAY MARTIN
Mayor Pro-Tem
DANNY EARP
Councilmember District 5
Councilmember District 1 ` rexp®
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 2 Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 26, 2015
The City Council of the City of La Porte met in a regular meeting on Monday October 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:
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Earp, J. Martin, Leonard, Zemanek, K. Martin, Kaminski and Clausen. Absent:
Councilmember Engelken. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander and Assistant City Attorney Clark Askins.
2. INVOCATION —The invocation was given by Dee Spears, Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance was led by Councilmember Kristin Martin.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
All those signing up for public comments decided to speak on Item 6(a), during the Public Hearing
portion of that item.
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 City Council Meeting held on
October 12, 2015—P. Fogarty
(b) Consider approval or other action regarding a Resolution appointing one representative and
one alternate to the H-GAC 2016 General Assembly and Board of Directors —P. Fogarty
(c) Consider approval or other action authorizing the City Manager to execute an agreement
with Bayside Terrace Civic Club for a Community Cooperation Project—T. Leach
(d) Consider approval or other action regarding an amendment to the bus service agreement
between Harris County and the City of La Porte for local -T. Leach
(e) Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015-
2016—D. Mick
(f) Consider approval or other action regarding a Resolution authorizing the sale of Lots 20-25,
Block 83, Town of La Porte and the waiver of a portion of City liens on the property — M.
Dolby
(g) Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2014-2015 Budget—M. Dolby
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October 26, 2015, Council Meeting Minutes
Regarding Item D, Councilmember Earp questioned if the City has ever had to pay more than what
is in the agreement. Assistant City Manager Traci Leach responded no.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3607: 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.
Councilmember Leonard moved to approve the Consent Agenda items pursuant to staff
recommendations. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Leonard, Zemanek,
K. Martin, Kaminski, Clausen and Earp
Nays: None
Absent: Councilmember Engelken
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding condemnation of substandard buildings
consisting of 4 multi-family apartment buildings and 1 laundromat building, all located at 330
Bayside Dr., La Porte; and consider approval or other action of an Ordinance regarding
condemnation of substandard buildings consisting of 4 multi-family apartment buildings and
1 laundromat building, all located at 330 Bayside Dr., La Porte— R. Davidson
The public hearing opened at 6:05 p.m.
Deputy Building Official R. Davidson presented a summary.
Debbie Hughes, 10904 Bluff Creek Dr., Oklahoma City, addressed Council and advised of
her sister, Suzan Rector's, medical conditions; and that she and her husband are willing to
help with the repairs of the apartments.
Suzan Rector, 330 Bayside#16, owner of the buildings/apartments made the subject of this
action, addressed Council and requested time to repair the apartments. Ms. Rector advised
Council City that City staff has been kind to her.
Bernard Legrand, 3115 Layne Court, addressed Council in favor of demolishing the
substandard buildings due to the condition and suggested the location be rezoned as single
family housing.
Lisa Maher, 3027 Fondren St., addressed Council in favor of demolishing the substandard
buildings due to the deplorable living conditions and unsafe environment.
David Hughes, 10904 Bluff Creek Dr., Oklahoma City, addressed Council and advised that
he is the brother-in law of Ms. Rector, and he would like to repair the apartment complex.
Michael Servantes, 3141 Broadway, maintenance person for Ms. Rector, addressed Council
and advised he is willing to assist with the repair of the apartment complex if allowed two
months. Mr. Servantes also added there is only one building with plumbing issues.
Kathryn Aguilar, 3119 Fondren St., addressed Council in favor of demolishing the
substandard buildings due to an unsafe environment and the risk of lowering property
values for residents in the Bayside Terrace Neighborhood.
Virginia Pierson-Turner, 213 Bayside Dr., welcomed Councilmember Kristin Martin and
advised Council she was a resident of the apartment complex in 1984; and it was not a
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October 26, 2015, Council Meeting Minutes
desirable complex at that time. She spoke in favor of demolishing the substandard buildings
due to the deplorable living conditions.
Mike McNeely, 302 S. 11th St., addressed Council and spoke in favor of allowing Ms. Rector
and her family additional time to repair the substandard buildings.
Suzanne Mitcham, 1026 S. 61 St., addressed Council and advised her daughter and family
live at the apartments and do not have the means to relocate if the apartment complex is
demolished. She stated she will help with the renovation by calling repair people and
weeding out undesirables.
Chuck Rosa, 812 S. Virginia, addressed Council and spoke in opposition of demolishing the
substandard buildings, and suggested Council use economic development money to repair
the apartments.
Dana Miracle, 330 Bayside Dr., addressed Council and advised she is a resident of the
apartment complex and requested time to repair the substandard buildings, because she
does not have the finances to relocate.
There being no additional public comments, the public hearing closed at 6:41 p.m.
Deputy Building Official R. Davidson spoke and advised all property owners are encouraged
to bring plans to repair buildings and informed the issues at the apartment complex did not
occur overnight. In addition Mr. Davidson advised of fire hazards and unsecured units.
Councilmember Kaminski asked how many people are living at the apartment complex. Mr.
Davidson advised there are 4 occupied units if the lady who spoke tonight is correct.
Councilmember Martin expressed concern for all the residents who reside at the apartment
complex and asked City Manager Corby Alexander if there are state law provisions that
allow a City to help with relocation assistance. Assistant City Attorney Clark Askins advised
there is state provisions that a City can assist displaced residents.
Councilmember Martin moved to approve an Ordinance condemning substandard buildings
consisting of 4 multi-family apartment buildings and 1 laundromat building, all located at 330
Bayside Dr., La Porte. Councilmember Leonard seconded.
Councilmember Zemanek questioned Assistant City Attorney Clark Askins whether state law refers
to monetary assistance for citizens. Mr. Askins responded yes; and if that's the direction council
wishes togo h suggests it be in the motion. Councilmember Zemanek said he would like for
Councilmember Martin to make an amendment to his motion, or he would like to make an
amendment to the motion to include this monetary assistance for these families.
Councilmember Martin amended his original motion to include that the City engage with any active
residents in finding relocation assistance. Councilmember Leonard seconded the motion as
amended. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Clausen, Kaminski,
Earp, K. Martin, Leonard and Zemanek
Nays: None
Absent: Councilmember Engelken
Corby Alexander stated this assistance could be made within 45 days or less.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3608: AN
ORDINANCE DECLARING BUILDINGS LOCATED AT SOUTH PORTION OF LOT SEVEN (7), AND ALL OF
LOTS EIGHT (8), NINE (9), AND TEN (10), BLOCK 1 REPLAT OF BAYSIDE TERRACE LA PORTE,
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HARRIS COUNTY, TEXAS MORE COMMONLY KNOWN AS 330 BAYSIDE DR., SAID BUILDINGS BEING
IDENTIFIED AS FOUR (4) MULTI-FAMILY APARTMENT BUILDINGS, AND ONE (1) LAUNDROMAT
BUILDING, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED; FINDING THAT
SUZAN RECTOR IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDINGS; WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION
WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE
DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING
THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING
FOR THE REMOVAL OF SAID BUILDINGS BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
(b) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve an Ordinance amending Section 106-801 (Tree
Preservation), Section 106-802 (Tree Replacement), and Section 106-803 (Tree Fund) of
the City's Code of Ordinances; and consider approval or other action of an Ordinance
amending Section 106-801, 106-802, and 106-803 of the City's Code of Ordinances — E.
Ensey
The public hearing opened at 6:54 p.m.
City Planner Eric Ensey presented a summary.
Mike Henley of Mike's Tree Service addressed Council with concerns of property owners
possibly being required to mitigate for any type of trees removed. He then indicated he
understood what was being provided for in the ordinance and took a seat.
The public hearing closed at 6:59 p.m.
Councilmember Zemanek moved to approve an Ordinance amending Section 106-801 (Tree
Preservation), Section 106-802 (Tree Replacement), and Section 106-803 (Tree Fund) of the City's
Code of Ordinances. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Clausen, Kaminski,
K. Martin, Zemanek and Leonard
Nays: Councilmember Earp
Absent: Councilmember Engelken
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3609: AN
ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, TEXAS BY REVISING REGULATIONS RELATED TO TREE PRESERVATION, TREE
REPLACEMENT, AND CONTRIBUTIONS TO TREE FUND; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
7. AUTHORIZATIONS
(a) Consider approval or other action authorizing the Mayor to execute Tax Resale Deeds
conveying all rights, title, and interest of the taxing entities in six properties described as
Lots 3-4 Block 106; Lots 14-16 Block 86; Lots 13-14 Block 80; Lots 22-24 Block 67 Town
of La Porte; and lots 13-14, Block 71; and Lots 5-6, Block 60 Bay Front Addition to Town of
La Porte, to the City of La Porte; and approve an Ordinance authorizing the Mayor to
execute a Special Warranty Deed to convey said properties from the City of La Porte to the
Bay Area Habitat for Humanity-Houston, Inc. —T. Tietjens
Planning and Development Director Tim Tietjens presented a summary.
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October 26, 2015, Council Meeting Minutes
Councilmember Zemanek moved to authorize the Mayor to execute Tax Resale Deeds conveying
all rights, title, and interest of the taxing entities in six properties described as Lots 3-4, Block 106;
Lots 14-16 Block 86; Lots 13-14, Block 80; Lots 22-24, Block 67, Town of La Porte; and lots 13-14,
Block 71; and Lots 5-6, Block 60 Bay Front Addition to Town of La Porte, to the City of La Porte;
and approve an Ordinance authorizing the Mayor to execute a Special Warranty Deed to convey
said properties from the City of La Porte to the Bay Area Habitat for Humanity-Houston, Inc.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen,
Earp, K. Martin, Leonard and Zemanek
Nays: None
Absent: Councilmember Engelken
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3610: AN
ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 3 AND 4, BLOCK 106 OF THE TOWN
OF LA PORTE; LOTS 14, 15 AND 16, BLOCK 86, OF THE TOWN OF LA PORTE; LOTS 13 AND 14, BLOCK 80, OF
THE TOWN OF LA PORTE; LOTS 22, 23, AND 24, BLOCK 67, OF THE TOWN OF LA PORTE; LOTS 13 AND 14,
BLOCK 71, OF THE BAY FRONT ADDITION TO THE CITY OF LA PORTE; LOTS 5 AND 6, BLOCK 60, OF THE
BAY FRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BAY AREA HABITAT FOR
HUMANITY-HOUSTON, INC., A TEXAS NON-PROFIT CORPORATION, FOR THE CONSTRUCTION OF
AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b) Consider approval or other action of an Ordinance renaming N. 51 Street to Dr. Martin
Luther King, Jr., Drive—C. Alexander
City Manager Corby Alexander asked if the item can be presented at the November 9, 2015, City
Council meeting due to the ordinance requiring the petition to be notarized; he has asked the city
attorney to interpret the meaning of the passage as it is currently written.
Councilmember Earp moved to bring the item back at the November 9, 2015, meeting with an
amended ordinance and action item following to approve the name of the street. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen,
Earp, K. Martin, Leonard and Zemanek
Nays: None
Absent: Councilmember Engelken
It was determined that an amendatory ordinance and the ordinance renaming the street would be
on the Consent Agenda on the November 9"' Council meeting agenda.
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding appointments to various City of La Porte boards,
committees and commissions— P. Fogarty
City Secretary Patrice Fogarty presented a summary and advised she has an application from
Dennis Oian to serve on the Zoning Board of Adjustment Board. Mayor Rigby advised Mike Mosteit
has expressed an interest to serve on the Building Codes Appeals Board.
Councilmember Earp moved to appoint Dennis Oian to the vacant Alternate 2 position on the
Zoning Board of Adjustment and Mike Mosteit to the vacancy on the Building Codes Appeal Board
and leave the La Porte Area Water Authority vacancy open until another meeting. Councilmember
Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen,
Earp, K. Martin, Leonard and Zemanek
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October 26, 2015, Council Meeting Minutes
Nays: None
Absent: Councilmember Engelken
9. ADMINISTRATIVE REPORTS
City Manager Corby Alexander provided an update on the rain event this past weekend.
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.
Councilmember Kaminski thanked Council for the flowers and calls when she was recovering from
knee replacement surgery; Councilmember Zemanek welcomed Councilmember Kaminski back
and reminded everyone to be cautious of kids out during Halloween; Councilmembers Leonard and
Clausen welcomed back Councilmember Kaminski; Councilmembers Earp and Martin welcomed
back Councilmember Kaminski and commented Public Works Director Dave Mick will be sorely
missed in the City; Mayor Rigby commented he appreciates what the City does for Habitat for
Humanity.
11. ADJOURN - There being no further business, Councilmember Clausen made a motion to adjourn
the meeting at 7:24 p.m. Councilmember J. Martin seconded. Motion passed unanimously.
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Patrice Fogarty, Ci ecreta
Passed a a ro ed on November 9, 2015.
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October 26, 2015, Council Meeting Minutes