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Home My WebLink About2009-09-21 Special Called Regular Meeting and Public Hearing of La Porte City Council minutes 5 A MINUTES OF SPECIAL CALLED REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL SEPTEMBER 21, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. Members of City Council Present: Mayor Barry Beasley, Mayor Pro-Tem Georgia Malone, Councilmember Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Mike Clausen and Mike Mosteit Members of Council absent: Chuck Engelken Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns and Melisa Lanclos Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett Planning: Debbie Wilmore, Reagan McPhail and Peggy Lee Police Department: Ken Adcox GIS: Brian Sterling Finance: Michael Dolby and Shelley Wolny Tax: Kathy Powell Fire: Mike Boaze and Donald Ladd Parks and Recreation: Stephen Barr Human Resources: Heather Weger EOC - Jeff Suggs and Kristin Gauthier Golf Course - Alex Osmond Others Present: Adam Yanelli of Bayshore Sun, Don Hill, Ted Powell, Kathryn Aguilar, Phillip Hoot and other citizens. 2. Invocation was given by Don Hill of InterChurch Council. 3. Councilmember John Black led the Pledge of Allegiance. 4. Presentations/Proclamations There were none. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting, Public Minutes of Special Called Regular Meeting and Public Hearing on September 21, 2009 Page 2 Hearing and Workshop Meeting for the La Porte City Council held on September 14,2009 - M. Gillett B. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute Industrial District Agreement with Bayshore Industrial L. P. (Ord. 2009-IDA-116) - R. Bottoms C. Council to consider approval or other action allowing the City Manager to direct the Director of Finance to postpone the assessment of Alarm Permit Renewal Fees for October 1, 2009 renewal date until further notice - K. Adcox Motion was made by Councilmember Leonard to approve the consent agenda as presented. A second was made by Councilmember Clausen. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Kathryn Aguilar - 3119 Fondren, La Porte, Texas - informed Council of budget concerns and questionable expenditures on the Town Plaza Project. 7. Public Hearing - Council to discuss City's 2009-2010 Fiscal Year Proposed Budget - M. Dolby Mayor Beasley opened the Public Hearing at 6:12 p.m. Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Public input: Phillip Hoot - 927 Seabreeze, La Porte, Texas - informed City Council he is opposed to a new convention center. He would like to see the City refurbish the existing Sylvan Beach Pavilion. Ted Powell - 1700 Roscoe Street, La Porte, Texas - informed Council he had concerns with the Police Department using a third party administrator to monitor alarm systems for the City of La Porte citizens. He also noted concerns with a convention center and the current Gateway Project. Recommendation of Staff - Council to adopt Fiscal Year 2009-2010 Proposed Budget. Mayor Beasley closed the Public Hearing at 6:48 p.m. Minutes of Special Called Regular Meeting and Public Hearing on September 21, 2009 Page 3 8. Council to consider approval or other action regarding an ordinance approving and adopting the Budget for the City of La Porte, Texas for the period of October 1, 2009 through September 30,2010 (Ord. 3179) - M. Dolby Mayor Pro - Tem Georgia Malone read Ordinance 3179, AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30,2010; 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 Rigby advised City Council he was opposed to the Gateway and Town Plaza projects but will vote in favor of the overall budget approval. Motion was made by Councilmember Black to approve Ordinance 3179 as presented by Mr. Dolby. A second was made by Councilmember Mosteit. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 9. Council to consider approval or other action ratifying the projected increase in property tax revenues collected as reflected in the FY 2009-2010 Budget - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Leonard to approve the ratification of the projected increase in property tax revenues collected as reflected in the FY 2009-2010 Budget as presented by Mr. Dolby. A second was made by Councilmember Clausen. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser, and Beasley Nays: None Abstain: None Absent: Engelken 10. Council to consider approval or other action regarding an ordinance amending Chapter 50 "Appendix A, Fees", of the Code of Ordinances of the City of La Porte, by increasing golf course user fees (Ord. 3180) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Mayor Pro - Tem Georgia Malone read ordinance 3180, AN ORDINANCE AMENDING "APPENDIX A, FEES" CHAPTER 50, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING GREEN FEES AND MEMBERSHIP FEES FOR THE Minutes of Special Called Regular Meeting and Public Hearing on September 21,2009 Page 4 CITY GOLF COURSE, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Mayor Pro Tem Malone to approve Ordinance 3180 as presented by Mr. Dolby. A second was made by Councilmember Rigby. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 11. Council to consider approval or other action regarding an ordinance amending Chapter 94, "Floods" of the Code of Ordinances of the City of La Porte to add $2.00 Drainage Infrastructure Fee to monthly utility bills, to be used for drainage and flooding infrastructure construction and maintenance - (Ord. 3181) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Mayor Pro - Tem Georgia Malone read ordinance 3181, AN ORDINANCE AMENDING CHAPTER 94 'FLOODS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II, "FLOOD HAZARD REDUCTION", DIVISION 1, "GENERALLY", TO ADD NEW SECTION 94-42, "DRAINAGE INFRASTRUCTURE FEE", TO PROVIDE FOR MONTHLY FEE TO BE USED FOR DRAINAGE AND FLOODING INFRASTRUCTURE CONSTRUCTION AND MAINTENANCE, SAID FEE TO BE INCLUDED IN MONTHLY UTILITY BILLS; AMENDING APPENDIX A - FEES, TO ADD $2.00 MONTHLY ASSESSMENT; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Ordinance 3181 as presented by Mr. Dolby. A second was made by Councilmember Clausen. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 12. Council to consider approval or other action regarding a Resolution for acceptance of the Harris County Certified Tax Appraisal RolI- (Res. 2009-08) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Minutes of Special Called Regular Meeting and Public Hearing on September 21, 2009 Page 5 Mayor Pro- Tem Georgia Malone read resolution 2009-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2009 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by Councilmember Moser to approve Resolution 2009-08 as presented by Mr. Dolby. A second was made by Mayor Pro Tem Malone. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 13. Council to consider approval or other action regarding an ordinance establishing the Tax Rate for the 2009-2010 Fiscal Year at $.71 cents for hundred dollar valuation - (Ord. 3182) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Mayor Pro - Tem Georgia Malone read ordinance 3182, AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS, MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Leonard to approve ordinance 3182 as presented by Mr. Dolby. A second was made by Councilmember Mosteit. Motion carried. Ayes: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley Nays: None Abstain: None Absent: Engelken 14. Receive report from Drainage and Flooding Committee - Councilman Mosteit Chairperson Mosteit presented a report from the Drainage and Flooding Committee. 15. City Manager Ron Bottoms provided Administrative Reports for the following: September 23, 2000 - Clark Condon Public Presentation - Council Chambers - 6:00 p.m. September 28, 2009 - City Council Meeting - 6:00 p.m. October 8, 2009 - Main Street Advisory Board Meeting - Council Chambers - 6:00 p.m. Minutes of Special Called Regular Meeting and Public Hearing on September 21, 2009 Page 6 October 10, 2009 - 2009 Fall Back Festival- Main Street 2:00 p.m. - 11 :00 p.m. October 12,2009 - City Council Meeting - 6:00 P.M. October 15, 2009 - Harris County Mayor & Council Dinner - (location TBA) - 6:30 p.m. October 19, 2009 - Greater Houston Builders Association 2009 Political Luncheon - Hyatt Regency Hotel (Downtown Houston) -11 :30 a.m. October 19,2009 - 5th Annual Economic Alliance Houston Port Region Coffee Symposium - Hilton Americas - Houston - 8:00 a. m. - 4:00 p.m. October 19, 2009 - 24th Annual Economic Alliance Houston Port Region Membership Awards Banquet - 6:00 p.m. - 9:00 p.m. October 20 - 23,2009 - Texas Municipal League Conference - Fort Worth, TX October 26, 2009 - City Council Meeting - 6:00 P.M. In addition, Mr. Bottoms thanked the EMS staff for a successful Health Fair this past Saturday. 16. Council Comments: Black, Malone, Leonard, Mosteit, Clausen, Rigby, Moser and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 17. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (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) 18. Considerations and possible action on items considered in Executive Session. There was no Executive Session. 19. Adjournment Being no further business, the meeting was duly adjourned at 7:28 p.m. Minutes of Special Called Regular Meeting and Public Hearing on September 21, 2009 Page 7 Respectfully submitted, ~&# Martha Gillett, TRMC, CMC City Secretary Passed and approved on this 28th day of September 2009. Mayor Barry Beasley