HomeMy WebLinkAbout2018-12-10 Regular Meeting of the La Porte City Council LOUIS RIGBY 0� A BILL BENTLEY
Mayor A. 0 Councilmember District 3
JOHN ZEMANEK /. KRISTIN MARTIN
Councilmember At Large A V \ in Councilmember District 4
VACANT JAY MARTIN
Councilmember At Large B ,;12150 Councilmember District 5
DANNY EARP NANCY OJEDA
Councilmember District 1 y' Councilmember District 6
CHUCK ENGELKEN Mayor Pro-Tern
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
DECEMBER 10, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, December 10, 2018, 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. All members of Council
were present. Staff present: City Secretary Patrice Fogarty, City Manager Corby Alexander,
Assistant City Manager Jason Weeks, and Assistant City Attorney Clark Askins.
2. INVOCATION —The invocation was given by Rev. Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE — The pledge of allegiance was led by Councilmember Chuck
Engelken.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Proclamation — Bay Area Council on Drugs and Alcohol Day— Mayor Rigby
Mayor Rigby presented a proclamation for Bay Area Council on Drugs and Alcohol Day. Amber
Carter spoke and addressed Council regarding the grant.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council in regards to the Planning and Zoning Commission
meeting and the hotel item.
Jeff Martin, 3118 Silver Springs Dr., addressed Council and expressed appreciation for the
community and everything done for the families after the fire at the Delta Heights apartments. He
specifically thanks the Holiday Inn Express for comping 15 rooms for a week, and he thanked the
Fire Department, EMS Department, Emergency Management Department, and the Police
Department, and all others who stepped up and volunteered time, energy and resources.
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 minutes of the Regular meeting held on
November 12, 2018 and Special meeting held on November 14, 2018— P. Fogarty
(b) Consider approval or other action regarding an Ordinance amending the City of La Porte,
Texas' Fiscal Year 2018-2019 Budget for the Tax Increment and Reinvestment Zone budget
Page 1 of 5
December 10, 2018 Council Meeting Minutes
purchase of breathing air compressor for Fire Department. and Texas Traffic Safety Grant —
S. Wolny
(c) Consider approval or other action regarding a Resolution authorizing the City Manager to
sign TXDOT Impaired Driving Mobilization — STEP grant award and other related
documents — R. Parker
(d) Consider approval or other action regarding a proposed encroachment agreement with
Eleno De La Cruz-Suarez and Angelica Suarez for construction of balcony at 318 W. Main
St. — R. Cramer
(e) Consider approval or other action regarding an Ordinance vacating, abandoning and closing
a portion of the Crescent Drive street right-of-way, located in Block 2 of Crescent Shores
Subdivision — I. Clowes
(f) Consider approval or other action awarding Bid # 19001 for Temporary Labor— Solid Waste
Worker— D. Pennell
(g) Consider approval or other action awarding Bid # 19004 for purchase of trucks for Public
Works Department — D. Pennell
Mayor Rigby advised if there are questions on Item B, David Hawes is not present to
answer them; and the item will have to be rescheduled.
Councilmember Ojeda noted a correction to the minutes and advised the invocation was
given by Pastor Dunn.
Regarding Item D, Councilmember Bentley asked if the balcony will be closed. Economic
Development Coordinator Cramer advised it will be an open air balcony.
Regarding Item E, Councilmember Bentley asked if abandoning or closing public
rights-of-way are required to be published. City Planner Ian Clowes responded no.
Regarding Item F, Councilmember Ojeda commented the best price is not always the best
and she feels the workers are being exploited and she is in favor of A-1 Personnel.
Councilmember Bentley also commented that he is concerned about low pay and is not
happy with the low bid.
Regarding Item E, Councilmember Bentley asked why the property appraisal value is so
low. City Planner Ian Clowes advised a sewer line running through the property diminishes
the value of the property.
Councilmember Engelken made a motion approve the Consent Agenda items with the amendment
to the minutes. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3730 AN
ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS
FOR THE PERIOD OF OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019; 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.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3731 AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE CRESCENT DRIVE
STREET RIGHT-OF-WAY LOCATED IN BLOCK 2 OF CRESCENT SHORES SUBDIVISION AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO THE ADJOINING LANDOWNER;
Page 2 of 5
December 10, 2018 Council Meeting Minutes
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A SAVINGS CLAUSE;AND PROVIDING AN EFFECTIVE DATE HEREOF.
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to deny Special Conditional Use Permit # 18-91000014 to allow for a
Hotel/Motel use in the General Commercial (GC) Zoning District, located on a 2.28-acres
tract of land located at 711 W. Fairmont Pkwy., and legally described as Lots 1-16 and 19-
32, Block 1103 and Eat 30 feet of 7th Street right-of-way and adjacent 16-foot alley, La Porte
Subdivision; consider approval or other action regarding an Ordinance amending the Code
of Ordinances of the City of La Porte, Chapter 106 "Zoning," by granting Special Conditional
Use Permit # 18-91000014 to allow for a Hotel/Motel use in the General Commercial (GC)
Zoning District, located on a 2.28-acres tract of land located at 711 W. Fairmont Pkwy., and
legally described as Lots 1-16 and 19-32, Block 1103 and Eat 30 feet of 7th Street right-of-
way and adjacent 16-foot alley, La Porte Subdivision, in the General Commercial (GC)
Zoning District— I. Clowes
The public hearing opened at 6:36 p.m.
Mayor Rigby advised Council that the applicant requested to move this item to the January 14,
2019, council meeting.
SCUP applicant Tim Patel spoke and advised he wanted to move forward January 14, 2019, to
have more time to research potential issues with the grandfather clause.
Councilmember Bentley made a motion to postpone the item and continue the public hearing at the
January 14, 2019, meeting. Councilmember Zemanek seconded. MOTION PASSED 6/2.
Ayes: Mayor Rigby, Councilmembers K. Martin, J. Martin, Bentley,
Ojeda and Engelken
Nays: Councilmembers Zemanek and Earp
Absent: None
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding purchase of playground equipment from
GameTime for use at Woodfalls Park, under Texas Buy Board Contract #512-16 in the
amount of$52,941.18— R. Epting
Parks and Recreation Director Roz Epting presented a summary.
Councilmember Ojeda made a motion to delay installation of a playground at Woodfalls Park.
Councilmember Jay Martin seconded. MOTION PASSED 8/0.
(b) Discussion and possible action regarding hiring process for city prosecutor—J. Weeks
Councilmember J. Martin made a motion to postpone the item until the January 14, 2019, council
meeting. Councilmember Bentley seconded. MOTION PASSED 6/2.
Ayes: Mayor Rigby, Councilmembers Zemanek, K. Martin, J. Martin,
Bentley, Ojeda
Nays: Councilmembers Engelken and Earp
Absent: None
Page 3 of 5
December 10, 2018 Council Meeting Minutes
9. REPORTS
(a) Receive report of the Fiscal Affairs Committee Meeting –Councilmember Chuck Engelken
Councilmember Chuck Engelken provided a report of the Fiscal Affairs Committee Meeting held
prior to the City Council Meeting; he stated the next meeting is January 14, 2019.
10. ADMINISTRATIVE REPORTS
There were no additional reports.
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–Those present: Councilmembers Engelken, Earp, Ojeda, J. Martin,
K. Martin, Zemanek, Bentley and Mayor Rigby.
Councilmember Engelken wished everyone a Merry Christmas.
Councilmember Earp congratulated Steve Gillett for being elected as Councilmember At-Large—B
and wished everyone a Merry Christmas.
Councilmember Ojeda expressed her appreciation for the Bay Area Council on Drugs and Alcohol
grant; thanked Parks and Recreation for their work for Christmas on Main Street; and thanked the
First Responders during the apartment fire at Delta Heights.
Councilmember J. Martin thanked the First Responders for the work during the apartment fire at
Delta Heights; thanked the owner of Holiday Inn Express for providing rooms to families affected by
the apartment fire; congratulated Bay Area Council on Drugs and Alcohol on the grant and wished
everyone a Merry Christmas and Happy New Year.
Councilmember K. Martin thanked Parks and Recreation for their work for Christmas on Main Street
and wished everyone a Merry Christmas.
Councilmember Zemanek thanked the community and City Staff for the support to families affected
by the apartment fire at Delta Heights; congratulated Steve Gillett for being elected as Council
At-Large—B, advised the La Porte Texans Pee Wee team will be recognized at the meeting in
January and wished everyone a Merry Christmas and Happy New Year.
Councilmember Bentley congratulated Steve Gillett for being elected as Council At-Large—B and
wished everyone a Merry Christmas and Happy and prosperous New Year.
Mayor Rigby commended the First Responders and everyone involved during the apartment fire at
Delta Heights and wished everyone a Merry Christmas and a Happy New Year.
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 551.087 – Deliberation regarding Economic Development
Negotiations: Meet with City Manager, City Economic Development Coordinator and City Attorney
to discuss business prospect proposal.
Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation: Meet
with City Attorney to discuss Tradebe Environmental Services, LLC vs. City of La Porte.
Texas Government Code, Section 551.074 – Personnel Matters: Discussion regarding position
of City Secretary, and deliberate the evaluation, appointment, duties, and employment of a public
officer or employee, the City Secretary.
Page 4 of 5
December 10, 2018 Council Meeting Minutes
City Council recessed the regular Council meeting to convene an executive session at 6:54 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 the regular Council meeting at 9:14 p.m.
Regarding the discussion of Economic Development Negotiations, City Council agreed to the
concept and requested Staff to move forward and gather more information.
Regarding the discussion of Pending or Contemplated Litigation, City Council met with the City
Manager; City Attorney and TML appointed attorney and asked that the City of La Porte continue to
be defended in the lawsuit.
Regarding the discussion of Personnel Matters of position of City Secretary.
Councilmember Zemanek made a motion to extend to the top candidate the offer previously
discussed. Councilmember Engelken seconded. MOTION PASSED 8/0.
Ayes: Mayor Rigby, Councilmembers Earp, Zemanek, K. Martin, J.
Martin, Bentley, Engelken and Ojeda
Nays: None
Absent: None
14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 9:16 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0.
4241-:t
Patrice Fogarty, it Secr ry
Passed a'rd pr• ed on January 14, 2019.
•
•
A
Mayor Luis R. Rig.y
Page 5 of 5
December 10, 2018 Council Meeting Minutes