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Home My WebLink About2003-05-12 Regular Meeting of La Porte City Council Minutes MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MAY 12,2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Peter Griffiths, Howard Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Barry Beasley and Norman Malone Members of Council Absent: Mike Mosteit Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Director of Emergency Services Joe Sease, Assistant City Attorney Clark Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Police Chief Richard Reff, Assistant Police Chief Aaron Corrales, Lieutenant Carl Crisp, Auxiliary Services Lieutenant Ron Parker, Assistant Director of Finance Mike Dolby, Budget Investment Officer Shelley Wolny, Tax Manager Kathy Powell, Purchasing Manager Susan Kelley, City Planner Gwen Goodwin, Judge Louie Ditta, Judge Denise Mitrano and Director of Administrative Services Carol Buttler Others Present: Sue Gale Mock Kooken, Spero Pomonis, Barbara Norwine, David Turnquist, Cassidy Smith, Crissy Stanley, Brandon Bunch, Guilleemo Chavana, Joel Alegria, David Addison, Rhonda Young, Vanesa Zapata, Charles Underwood, Deontra Warren, Wes Smalling and Colleen Hicks 2. Mayor Malone delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. Council to consider approval or other action of the Minutes of the Regular Meeting and Workshop Meeting held on April 28, 2003. Motion was made bv Councilmember Engelken to approve the Minutes of the Regular Meeting and Workshop Meeting held on April 28, 2003. Second by Councilmember Warren. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: Ebow, Griffiths 5. PRESENT A nONS A. Mayor Malone read a letter of appreciation from Susan H. Garman, Associate Director (Management) of NASA, for La Porte honoring the STS-I07 crew of the Space Shuttle Columbia and proclaiming February 10, 2003 as Space Shuttle Columbia Day. B. Mayor Malone presented a proclamation to the Police Department in honor of National Police Week. City Council Meeting - May 12, 2003 Page 2 C. Certificates of Appreciation were presented to Municipal Judges Louie Ditta and Denise Mitrano. D. A Certificate of Distinction for Investment Policy was presented to the Finance Department. E. Assistant Director of Finance Michael Dolby presented "A Single Audit Report" by Null-Lairson to Council. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Barbara Norwine of 202 S. Lobit, La Porte, Texas, does not agree with the cost for the "Welcome to La Porte" signs; MS.Norwine prefers the funds be designated for needy citizens and/or to improve City streets. 7. Oaths of Office were administered to Norman L. Malone, Chuck Engleken, Jr. and Howard Ebow by Judge Louie Ditta. 8. Council to consider approval or other action regarding an ordinance appointing a member of the City of La Porte City Council to serve as Mayor Pro-Tern. Assistant City Attorney Clark Askins presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2629 - AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO- TEM OF THE CITY OF LA PORTE, FOR THE PERIOD MAY 12,2003, THROUGH MAY 12,2004, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTNE DATE HEREOF. Councilmember Griffiths sent Mayor Malone an email stating interest in serving as the next Mayor Pro-Tern; Councilmember Young nominated Mr. Griffiths. Councilmember Meismer nominated Councilmember Engelken for Mayor Pro-Tern. Mr. Engelken stated he has been Mayor Pro-Tern twice in six years; Mr. Engelken preferred making a motion to appoint Mr. Griffiths, by acclamation, to serve as Mayor Pro-Tern. Motion was made. by acclamation. by Councilmember Engelken to approve Ordinance 2003-2629. appointing Peter Griffiths as Mayor Pro-Tern. as presented by Assistant City Attorney Clark Askins. Second by Councilmember Meismer. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 9. Proposed Ordinance 2003-2630 reappointing a judge and an alternate judge of the City of La Porte Municipal Court was not acted upon by City Council. This item will be brought back to City Council at a later date. 10. Council to consider approval or other action approving resolution declaring intention to reimburse certain expenditures with borrowing proceeds in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as the Bay Area Boulevard Paving, Drainage and Utility Installation project. City Council Meeting - May 12, 2003 Page 3 Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-12 - RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS. Motion was made by Councilmember Warren to approve Resolution 2003-12 as presented by Mr. Dolby. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Beasley, Ebow, Griffiths and Malone Nays: None Abstain: None 11. Council to consider approval or other action approving resolution declaring intention to reimburse certain expenditures with borrowing proceeds in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as the Canada Road Paving, Drainage and Utility Installation project. Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-13 - RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS. Motion was made by Councilmember Griffins to approve Resolution 2003-13 as presented by Mr. Dolby. Second by Councilmember Engelken. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 12. Council considered approval or other action approving an ordinance to increase attorney compensation to 20% and to amend agreement for the Collection of Delinquent Taxes. Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2003-2631 - AN ORDINANCE PROVIDING FOR A PENALTY TO DEFRAY COSTS OF COLLECTING DELINQUENT PROPERTY TAXES PURSUANT TO TEXAS TAX CODE SECTIONS 33.07 AND 33.08. Motion was made by Councilmember Engelken to approve Ordinance 2003-2631 as presented by Mr. Dolby. Second by Councilmember Young. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 13. Council considered approval or other action for an ordinance authorizing an agreement between the City and America's Estate Properties, Inc. to construct house(s). City Council Meeting - May 12, 2003 Page 4 City Planner Gwen Goodwin presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2632 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND AMERICA'S ESTATE PROPERTIES, INC. FOR CONSTRUCTION OF A MODEL HOME AT 330 N. 5TH STREET, ALSO DESCRIBED AS LOTS 1 & 2 OF BLOCK 80, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $92,450.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Warren to approve Ordinance 2003-2632 as presented bv Ms. Goodwin. Second by Councilmember Beasley. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 14. Council considered approval or other action for an ordinance authorizing an agreement between the City and Bayou Housing Partners to construct house(s). City Planner Gwen Goodwin presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2633- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYOU HOUSING PARTNERS CONSTRUCTION OF A MODEL HOME ON N. 7TH STREET, MORE SPECIFICALLY DESCRIBED AS LOTS 29 AND 30 OF BLOCK 77, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $84,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Meismer to approve Ordinance 2003-2633 as presented by Ms. Goodwin. Second by Councilmember Young. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 15. Council considered approval or other action to adopt an ordinance establishing a Pilot Youth Summer Employment Program and authorizing the City Manager to expend estimated funds from the General Fund Contingency Account for the program's operation. Director of Administration Carol Buttler presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2634- AN ORDINANCE APPROVING AND AUTHORIZING THE ESTABLISHMENT OF A PILOT YOUTH SUMMER City Council Meeting - May 12, 2003 Page 5 EMPLOYMENT PROGRAM FOR THE CITY OF LA PORTE EFFECTIVE MAY 12, 2003; APPROPRIATING FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT, TO FUND SAID PROGRAM; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve Ordinance 2003-2634 approving $30.000.00 and to leave discretion to Staff on the number of students to employ and the amount to pay as presented by Ms. Buttler. Second by Councilmember Warren. The motion carried. Ayes: Ebow, Griffiths, Engelken, Warren, Young, Beasley and Malone Nays: Meismer Abstain: None 16. Council considered approval for renewal of an agreement for services by and between the City of La Porte, Texas, Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, and the La Porte Redevelopment Authority. Assistant City Manager John Joems presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Ebow to approve the agreement as presented by Mr. Joems. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 17. Council considered a Consent Agenda as follows: a. Consider consent to award annual contract for Fly Ash Stabilized Calcium Sulfate (GS- 200) to Gulf States Materials at an annual estimated cost of $34,375.00. b. Consider awarding annual contract for Flexible Base Crushed Limestone to Vulcan/ICA Distributing Company at an annual estimated cost of$27,585.00. c. Consider awarding annual contract for Concrete Pavement Raising to Concrete Raising Corporation at an annual estimated cost of $30,000.00. d. Consider approving a contract with Sealy Paving, Inc. in the amount of $53,502.00 and further authorizing $2,675.10 (5%) contingency to facilitate construction. 18. Administrative Reports City Manager Debra Feazelle thanked Council for their participation in recognizing "Public Service Recognition Week". 19. Councilmembers Young, Warren, Beasley, Engelken, Meismer, Ebow and Griffiths had comments. City Council Meeting - May 12, 2003 Page 6 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS). Council retired into Executive Session at 7:26 p.m. Council reconvened the Council Meeting at 8:36 p.m. 22. CONSIDERATIONS AND POSSffiLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 23. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:37 p.m. Respectfully submitted, L4YJ Ii JJ-/a()J .r4.ALlI/' M~rth~ Gi\fe'tt I City Secretary ~:;;;;~une2oo3 Norman Malone, Mayor