HomeMy WebLinkAbout2016-03-14 Regular Meeting of La Porte City Council MinutesLOUIS RIGBY 0MAmYL LEONARD
Mayor 1Co unc I—b— District a
JOHN ZEMANEK w.KRISTN MARTIN
Councilmen I At Large A jm Councilmember District 4
DOTTIE KAMINSKIJAY MARTN
MayorDANNY EARP Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District B
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MARCH 14, 2096
The City Council of the City of La Porte mat in a regular meeting on Monday March 14, 2016, 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: Councilmembars
Engeiken, Earp, Zemanek, K. Martin, Leonard, Kaminski and J. Martin. Absent: Councilmember
Clausen_ Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and
Assistant City Attorney Clark ^skins.
2. INVOCATION — The invocation was given by Michael Abportus, Congregation Banim ^vraham.
3. PLEE>GE OF ALLEGIANCE — The Pledge of Allegiance was lad by Coun cilmem bar Jay Martin.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments_
S_ CONSENT AGENCA (A// consent agenda items are considered routine by City Council and will be enacted by
one motion. Thera will be no separate discussion of these items unless a Counci/member requests an item be
removed and considered separate/y.)
(a) Consider approval or other action regarding the minutes of the City Council Meeting held on
February 22, 2016 — P. Fogarty
(b) Consider approval or other action regarding an Ordinance cancelling the May 7, 2016, general
election and declaring the candidate for Councilparson At Large -A, the candidate for
Councilparson-District 4 and the candidate for (--ouncilparson-E)istrict 5 unopposed; and
declaring John Zamanek, candidate for Councilparson At -Large -Position A, elected; declaring
Kristin Martin, candidate for Councilparson-District 4, elected; and declaring Jay Martin,
candidate for Cou ncilperson-District 5, elacted — P. Fogarty
(c) Consider approval or other action authorizing the execution of an Interlocal Agreement for
Election Services between the City of La Porte and the La Porte Fire Control, Prevention and
Emergency Medical Services C)istrict — P. Fogarty
(CO Consider approval or other action regarding a Resolution prohibiting handgun license holders
from openly carrying a handgun in the room or rooms where meetings of the City Council and or
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March 14, 2016, Council Meeting Minutes
its Boards, Commissions, and Committees are being conducted pursuant to the Texas Open
meetings Act — C. Alexander
(e) Receive 2015 Comprehensive Annual Financial (CAFR) Report — M. Dolby
(f) Consider approval or other action regarding a Resolution authorizing the City Manager s the
designated grant official for the Body Cameras Acquisition Project through the Criminal Justice
Division, Office of the Governor, State of Texas — K. Adcox
(g) Consider approval or other action awarding Bid #16002 for LPISD Historic Colored School
Phase I — R. Davidson
(h) Consider approval or other action awarding Bid # 16008 for purchase of certain vehicles (Trucks
& Van) for the Fiscal Year 2016 Vehicle Replacement Program — S. Valiante
(i) Consider approval or other action approving purchase of Equipment & Vehicles using the
H -GAC and Texas Local Government Cooperative Purchasing methods for the Fiscal Year
2016 Vehicle Replacement Program — S. Valiante
Regarding Item E, Councilmember Earp asked if the 2015 Comprehensive Annual Financial (CAFR)
Report is stamped DRAFT because it requires Council approval. Paula Lowe, auditor with Pattillo,
Brown & Hill, responded yes; the report will be finalized after approved by Council.
Councilmember Leonard moved to approve Consent Agenda items pursuant to staff recommendations.
Councilmember Engelken seconded. MOTION PASSED UNANIMOUSLY 810. Councilmember
Clausen was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3628: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DECLARING THE CANDIDATE
FOR COUNCILPERSON AT LARGE -A, THE CANDIDATE FOR COUNCILPERSON-DISTRICT 4 AND THE
CANDIDATE FOR COUNCILPERSON-DISTRICT 5 UNOPPOSED; AND DECLARING JOHN ZEMANEK,
CANDIDATE FOR COUNCILPERSON AT -LARGE -POSITION A, ELECTED; DECLARING KRISTIN MARTIN,
CANDIDATE FOR COUNCILPERSON-DISTRICT 4, ELECTED; AND DECLARING JAY MARTIN, CANDIDATE
FOR COUNCILPERSON-DISTRICT 5, ELECTED; CANCELLING THE ECTION FOR POSITION OF AT -LARGE -
POSITION A AND SINGLE -MEMBER DISTRICTS 4 AND 5; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE,
CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve an amendment to the Future Land Use Map Component of the
La Porte Comprehensive Plan to change designation of a 3.9 acre tract located north of
Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont
Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William
Jones Survey from "Neighborhood Commercial" to "Commercial"; consider approval or other
action regarding an Ordinance amending the Future Land Use Map Component of the
La Porte Comprehensive Plan to change designation of a 3.9 acre tract located north of
Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1, Willmont
Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482, William
Jones Survey from "Neighborhood Commercial" to "Commercial" — E. Ensey (This item as
postponed at the February 22, 2016 meeting, until March 14, 2016).
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March 14, 2016, Council Meeting Minutes
The public hearing continued from February 22, 2016.
City Planner Eric Ensey presented a summary and recommended taking 6(a) and 6(b) together
Councilmember Zemanek asked if the applicant is requesting a zoning change to make the property
more marketable. City Planner Eric Ensey responded, that is correct. Councilmember Zemanek asked
if there is a fill dirt permit for the issue that exists. Mr. Ensey responded there is a permit for the dirt that
is there; and the problem is, when the dirt was put in there, the drainage ditch does not appear to
provide the appropriate slope or drainage for the people behind the property and he is flooding the
people behind him. Councilmember Zemanek asked how long has the fill dirt been at the site. Mr.
Ensey responded about 2-3 years. Councilmember Zemanek asked what has been done to resolve the
issue in the last 2-3 years. We still haven't resolved the issue. Planning and Development Director Tim
Tietjens addressed the question stating the swale has silted in over time, and that is definitely part of
the issue. It was made Neighborhood Commercial for a reason.
Councilmember Earp commented he is not in favor of changing the property from "Neighborhood
Commercial" to "Commercial."
Councilmember Martin asked how many responses were received from abutting properties. City
Planner Eric Ensey responded four responses in opposition, one unopposed — which is the
veterinarian. Councilmember Martin asked what is on the northeast corner. Mr. Ensey responded the
City's lift station.
Charles Breitenbach, 10110 Roseberry, spoke in opposition and provided photos of flooding on his
property due to the fill on this piece of property. When asked when the pictures were taken, he replied,
"...about an hour ago." In addition, Mr. Breitenbach advised that his neighbor's home gets water in it
after a large rain event. The water just keeps seeping onto our property. There is just such a great
amount of water on this property. It doesn't make it to the retaining pond. The retaining pond is dry.
We've been dealing with this for 2-3 years. Please just fix the problem. There's a hundred yards of
water on this land. The situation needs to be taken care of.
The public hearing was closed at 6:24 p.m.
Councilmember Zemanek moved to deny the request to amend the Future Land Use Map Component
of the La Porte Comprehensive Plan. Councilmember Leonard seconded. MOTION PASSED
UNANIMOUSLY 810. Councilmember Clausen was absent.
(b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning
Commission to approve rezone of a 3.9 acre tract located north of Fairmont Parkway near
Willmont Rd., and described as Reserve B and C, Block 1, Willmont Commercial Park Amended
Subdivision and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey from
Neighborhood Commercial (NC) to General Commercial (GC); consider approval or other action
regarding an Ordinance to approve zone change request #15-92000004, for a 3.9 acre tract
located north Fairmont Parkway near Willmont Rd., and described as Reserve B and C, Block 1,
Willmont Commercial Park Amended Subdivision and Tract 33 Treat Plant Site, Abstract 482,
William Jones Survey, from Neighborhood Commercial (NC) to General Commercial (GC) — E.
Ensey (This item as postponed at the February 22, 2016 meeting, until March 14, 2016).
The public hearing was continued from February 22, 2016.
There being no comments the public hearing closed at 6:26 p.m.
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March 14, 2016, Council Meeting Minutes
Councilmember Zemanek moved to deny item 6(b). Councilmember Leonard seconded. MOTION
PASSED UNANIMOUSLY 8/0. Councilmember Clausen was absent.
7. AUTHORIZATIONS
(a) Consider approval or other action regarding RFP No. 16503 for Lifeguard services at City
pools/recreation facilities — R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Councilmember Earp moved to have staff provide lifeguard services in-house at City pools/recreation
facilities. Councilmember Kaminski seconded. MOTION PASSED UNANIMOUSLY 8/0.
Councilmember Clausen was absent.
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8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action appointing members to a planning committee for the
La Porte 125th Anniversary Celebration Committee — T. Leach
City Manager Corby Alexander presented a summary.
Councilmember Zemanek suggested Council workshop the item in order to provide staff with direction.
Councilmember Leonard commented City Council are the promoters. Council needs to set the
parameters of what will take place.
Councilmember Martin commented the scope of work needs to be defined for a committee.
Mayor Rigby commented he understands everyone's thoughts, and the item can be workshopped
before the Budget Retreat or during the Budget Retreat.
City Manager Corby Alexander advised Council that staff will set a Special Meeting to workshop the
item.
8. REPORTS
(a) Presentation — Receive 2015-2016 Annual Report from Chad Burke, President/CEO of the
Economic Alliance Houston Port Region — S. Livingston
Chad Burke, President/CEO of the Economic Alliance Houston Port Region, presented the 2015-2016
Annual Report.
(b) Receive report of the Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee meeting which was held
immediately prior to the City Council Meeting.
11. ADMINISTRATIVE REPORTS
There were no additional reports.
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 J. Martin congratulated Councilmember Engelken on his appointment as Chairman of
the Houston -Galveston Area Council and Mayor Rigby as Chairman of the Harris County Mayors' and
Councils' Association; Councilmember K. Martin congratulated Councilmember Engelken on his
appointment as Chairman of the Houston -Galveston Area Council and thanked Parks and Recreation
Director Rosalyn Epting on the new park on Martin Luther King Dr.; Councilmember Kaminski
congratulated Councilmembers K. Martin; J. Martin and Zemanek on being re-elected for another term
and Councilmember Engelken on his appointment as Chairman of the Houston -Galveston Area
Council; Councilmember Zemanek congratulated Councilmember Engelken on his appointment as
Chairman of the Houston -Galveston Area Council and requested Staff to assist the homeowners that
have received flooding issues due to the fill dirt permit that was issued 2-3 years ago; Councilmember
Leonard wished Parks and Recreation Director Rosalyn Epting well on her challenge of getting the
pools ready for the summer season; congratulated Councilmembers K. Martin; J. Martin and Zemanek
on being re-elected for another term and Councilmember Engelken on his appointment as Chairman of
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March 14, 2016, Council Meeting Minutes
the Houston -Galveston Area Council; Councilmember Engelken congratulated Councilmembers K.
Martin; J. Martin and Zemanek on being re-elected for another term; thanked Chad Burke,
President/CEO of the Economic Alliance Houston Port Region for the 2015-2016 Annual Report;
Councilmember Earp congratulated Councilmembers K. Martin; J. Martin and Zemanek on being re-
elected for another term and Councilmember Engelken on his appointment as Chairman of the
Houston -Galveston Area Council; and thanked Public Works Director Sharon Valiante and Solid Waste
Supervisor Gus Alfaro for their assistance with trash in Lomax before the storm and Mayor Rigby
congratulated Councilmember Engelken on his appointment as Chairman of the Houston -Galveston
Area Council; advised of his attendance of the new Maritime Academy; informed the Gulf Coast
Community Protection and Recovery District (GCCPRD) have come up with two options to be
considered by the Feds for a levy or a dike along Hwy 146 to Texas City, and meetings will be held in
various places; however, none in La Porte or a surrounding community directly on the bay. He advised
everyone to comment or attend the meetings. In addition, Mayor Rigby also requested Staff assist the
homeowners who have endured flooding issues due to the fill dirt permit that was issued 2-3 years ago.
Councilmember Engelken added the City should pass a resolution against the Gulf Coast Community
Protection and Recovery District (GCCPRD) proposed dike project.
11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 7:18 p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 8/0.
Councilmember Clausen was absent.
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Passed Ogd[4ppMed on March 28, 2016.
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