HomeMy WebLinkAbout2017-06-26 Regular Meeting of the La Porte City Council Minutes LOUIS RIGBYF
Mayor "lir 0 DARYL LEONARD
JOHN ZEMANEK ; 9 Councilmember District 3
KRISTIN MARTIN
Councilmember At Large A ti m Mayor Pro-Tem
DOTTIE KAMINSKI \—' Councilmember District 4
Councilmember At Large B `, ) JAY MARTIN
DANNY EARP _ Councilmember District 5
Councilmember District 1 rexA3 NANCY OJEDA
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JUNE 26, 2017
The City Council of the City of La Porte met in a regular meeting on Monday, June 26, 2017, 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 Ojeda, J. Martin, Kaminski, Zemanek, Leonard, and Earp. Also present
were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney
Clark Askins. Councilmembers absent: Engelken and K. Martin.
2. INVOCATION —The invocation was given by Bishop Michael Thannisch, Synod of St. Timothy.
3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance was led by Councilmember Nancy Ojeda.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition — 125th Anniversary Celebration Parade Winners— Mayor Rigby
Mayor Rigby recognized the parade winners in the 125th Anniversary Celebration Parade: Taqueria
Arandas No. 98 — Best Business; Boys and Girls Harbor — Best Organization; San Jacinto College
— Best School Group; and Breast Little Chili Cookers in La Porte — Best Golf Cart; Additionally,
George Watkins was honored for his expert assistance on making the parade happen.
(b) Recognition — City of La Porte Police Department recipient of Mothers Against Drunk Driving
Outstanding Law Enforcement Agency Award; and Judge Denise Mitrano, recipient of the
Judiciary Service Award — Mayor Rigby.
Mayor Rigby recognized Police Chief Ken Adcox as the recipient of the Mothers Against Drunk
Driving Outstanding Law Enforcement Agency Award; and Judge Denise Mitrano as recipient of the
Judiciary Service Award.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Bill Bentley, 10106 Willmont Rd., spoke regarding the Fairmont Park West Community Park and
Pool and the general disrepair of the playground equipment. Also, the fencing and ball field
backboards have holes in them. The water fountain hasn't worked in a very long time. The parking
lot is in disrepair, as well. He asked that the City review Sections 7, 9, and 13 of the agreement.
He asked that the City consider putting some money in the budget during the budget process for
the upkeep and repair of these issues.
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June 26, 2017, Council Meeting Minutes
The following citizens spoke against the proposed street and alley closure of a portion of S. Holmes
right-of-way between Blocks 27 and 28: Sylvia Tucker, 717 S. Nugent; Don Belgau, 3342 Miramar;
Shirley Belgau, 733 S. Holmes; Maisie Barringer Kimmons, 1700 Roscoe, spoke that she is no
longer interested in closing it as an adjoining property owner and stated it is a purchase price issue.
The following citizens spoke in favor of the proposed street and alley closure of a portion of S.
Holmes right-of-way between Blocks 27 and 28: Christopher Thebeau and Jessica Newman, 1704
Roscoe St., are in favor of the closure of the proposed street and alley closure; Carlos and
Stephanie Cardenas, 1612 Roscoe, are in favor of closing the property due to public safety issues;
and Joe Bertuglia is in favor of the closure. He is the applicant asking for the closure, and is now
asking to close only 1/2 of the property; and he would like to proceed. He stated there have been
two appraisals on the property, and he agrees to the appraised value, stating it is fair; and he is
happy with that.
Richard Risch signed in to speak and was called upon, but stated he had no comment.
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 Council Meeting held on
June 12, 2017 — P. Fogarty
(b) Consider approval or other action awarding Bid #17020 for FY2017 Asphalt Overlay Project
— D. Pennell
(c) Consider approval or other action awarding Bid # 17003 for Park Drive Sidewalk
Improvements— D. Pennell
(d) Consider approval or other action regarding an expenditure of the La Porte Development
Corporation in connection with project for the acquisition of property located at 1218 S.
Broadway in an amount not to exceed $57,372.00 —T. Leach
Councilmember Earp filed a Conflict of Interest form with the City Secretary's office regarding
Consent Agenda Item (c); therefore, this item was voted on separately.
Councilmember Zemanek made a motion to approve Consent Agenda Items (a), (b), and (d)
pursuant to staff recommendations. Councilmember J. Martin seconded the motion. MOTION
PASSED UNANIMOUSLY 7/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek,
Kaminski, Ojeda and J. Martin
Nays: None
Absent: Councilmembers Engelken and K. Martin
Councilmember Zemanek made a motion to approve Consent Agenda Item (c) pursuant to staff
recommendations. Councilmember Kaminski seconded the motion. MOTION PASSED
UNANIMOUSLY 6/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Kaminski,
Ojeda and J. Martin
Nays: None
Absent: Councilmembers Engelken and K. Martin
Abstention: Councilmember Earp
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June 26, 2017, Council Meeting Minutes
7. AUTHORIZATION
(a) Consider approval or other action regarding an Ordinance amending "Appendix A Fees" of
the Code of Ordinances of the City of La Porte, Texas, pertaining to EMS charges for
services rendered in areas outside of corporate limits of La Porte, by increasing "Non-
Member Fees (Per Event)" by $1,500.00, to $3,000.00— R. Nolen
Emergency Medical Services Chief Ray Nolen presented a summary.
Councilmember Zemanek made a motion to postpone this item until the next council meeting,
July 10, 2017, so that staff has time to further analyze costs of service and to bring back an
Ordinance amending "Appendix A Fees" of the Code of Ordinances of the City of La Porte, Texas,
pertaining to EMS charges for services rendered in areas outside of corporate limits of La Porte by
increasing "Non-Member Fees (Per Event)" from $1,500.00, to an amount Council will determine at
the next meeting. Councilmember Kaminski seconded the motion. MOTION PASSED
UNANIMOUSLY 7/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek,
Kaminski, Ojeda and J. Martin
Nays: None
Absent: Councilmembers Engelken and K. Martin
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding proposed street and alley closure of a portion of S.
Holmes right-of-way between Blocks 27 and 28— C. Alexander
City Manager Corby Alexander presented a summary.
After Council discussion, Councilmember J. Martin made a motion to instruct staff to prepare an
Ordinance to be considered at a future Council meeting to facilitate the closure of 1/2 of the
right-of-way at an amount for the sale of 23.62 x .75 which equals 17.72 per square foot.
Councilmember Earp seconded the motion. MOTION PASSED 4/3.
Ayes: Mayor Rigby, Councilmembers Earp, Zemanek and J. Martin
Nays: Councilmembers Leonard, Kaminski and Ojeda
Absent: Councilmembers Engelken and K. Martin
(b) Discussion and possible action regarding Comprehensive Compensation Study performed
by HR Compensation Consultants— M. Hartleib
Human Resources Manager Matt Hartleib and a representative from HRCC, the consulting firm for
the compensation study, presented a summary. This item will be brought back before Council after
additional information is gathered, including the entire benefits package for employees and
comparable pay information from the City of Deer Park, among other requested information.
(c) Discussion and possible action regarding La Porte Town Center Project—T. Leach
Assistant City Manager Traci Leach presented a short summary, and then introduced David Miles
to address Council. Mr. Miles updated Council on the progress of the La Porte Town Center
Project and assured Council they are moving forward with the project; and he and his expanded
team remain committed to the project. Pursuant to questions by Councilmember J. Martin, Mr.
Miles presented his milestones: Fall 2017 — issue to the City their planning for infrastructure; they
will then be able to move dirt in September; then 30-60 days will follow with Gilley's vertical. Once
they start the infrastructure, it will take 8 months to put it in, and then 10 months to build the
Gilley's. Councilmember Zemanek asked how long he is allowing for permitting. Mr. Miles stated
three months. Councilmember Zemanek also asked if Mr. Miles or any of his affiliates are
associated whatsoever in the clearing of land off of Fairmont Pkwy., west of the Pasadena
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June 26, 2017, Council Meeting Minutes
Convention Center, and east of Red Bluff. Mr. Miles stated no, sir. Councilmember Earp stated
that Johnny Isbell told him and others that the City of Pasadena is doing the clearing. Mayor Rigby
commented when the homes were built on the south side of Wharton Weems, the original and
current owner of the 55 acres was supposed to put that interconnect in, and that was prior to Mr.
Alexander coming to work for the City. The owner never did it. He stated he believes the City
issued a cure notice, which the owner ignored; and to hold someone else responsible for doing that
— someone who doesn't have a contract on it or has no current intent of contracting on it — is
strange to him. Mayor Rigby further stated the current owner was sent the original demand, and
he's the one who should do the interconnect. Mayor Rigby stated he realizes the owner's argument
was he didn't have to do it until development started on the north side, but when the owner built that
10-times-too-large detention pond, that, in his opinion, began the development, and he thinks the
owner should still be responsible. Mayor Rigby requested a follow up at the next meeting or before
as to what happened after the owner received the City's demand letter. Mr. Alexander will follow up
and advise. Mr. Alexander stated that from his memory, he had some conversations with Mr. Miles
regarding the interconnect being an issue that needed to be addressed. Mr. Alexander stated it
was his understanding that Mr. Miles and Mr. Reddy had some conversations. Mr. Miles stated
they did have some conversations, and he will be glad to try to be that resolve, if he may, between
the property owner and his efforts. Mayor Rigby stated he doesn't want this development to be
held up over something the property owner didn't do.
9. 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 Ojeda had no comments. Councilmember J. Martin congratulated the award
winners on their recognitions; he stated this was an important meeting, and he hopes this project
will continue; Councilmember Kaminski congratulated the award winners; Councilmember Zemanek
wished everyone a safe and happy July 4th weekend; Councilmember Leonard stated the same,
along with his congratulations to the award winners; Councilmember Earp congratulated the award
winners and looks forward to the Gilley's project moving on; stated he was disappointed on the
content of the wage study and how it was presented and looks forward to the additional information
that was discussed; Mayor Rigby congratulated Municipal Court and the P.D. on their awards;
stated the Juneteenth Celebration was great, there is a lot of work that goes into that celebration
and would like to get more people out for this next year.
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— Deliberation regarding Real Property: Meet with City
Manager and City Attorney to discuss possible sale of city owned real property for residential
development purposes.
Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated Litigation: Meet with
City Attorney and City Manager to discuss Adapted Logistics, LLC, et al.vs. City of La Porte, Texas
City Council recessed the regular Council meeting to convene an executive session at 8:36 p.m.
regarding the subjects of the executive session items listed above.
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June 26, 2017, Council Meeting Minutes
12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
City Council reconvened the regular council meeting at 10:00 p.m.
Regarding Texas Government Code, Section 551.072— Deliberation regarding Real Property,
Councilmember J. Martin made a motion for the City Manager to pursue with the instruction to
determine which properties are fee simple and which are resale so the City knows how to proceed.
Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 6/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek,
Kaminski, and J. Martin
Nays: None
Absent: Councilmembers Ojeda, Engelken, and K. Martin
Regarding Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated
Litigation.
Councilmember Leonard made a motion to give direction to the TML appointed attorney to
negotiate a settlement agreement at no cost to the City. Councilmember Leonard seconded the
motion. MOTION PASSED UNAMIMOUSLY 6/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek,
Kaminski, and J. Martin
Nays: None
Absent: Councilmembers Ojeda, Engelken, and K. Martin
Mayor Rigby shared with Councilmembers congratulatory messages and a plaque received by the
City on the 125th Anniversary, and also a plaque thanking the City for participating in the 2017
Juneteenth Parade.
13. ADJOURN - There being no further business, Councilmember Leonard made a motion to adjourn
the meeting at 10:03 p.m. Councilmember Earp seconded the motion. MOTION PASSED
UNANIMOUSLY 6/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek,
Kaminski, and J. Martin
Nays: None
Absent: Councilmembers Ojeda, Engelken, and K. Martin
CEJ ,i/
atrice Fogarty, City cretat
Passed and -pp . e• . July 10, 2017.
ii- ' A
irMayor Lou s R. Rigby
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June 26, 2017, Council Meeting Minutes