HomeMy WebLinkAbout2011-09-12 Regular Meeting of La Porte City Council minutes LOUIS RIGBY DARYL LEONARD
Mayor Councilmember District 3
JOHN ZEMANEK
Councilmember at Large A 0*Ir A TOMMY MOSER
DOTTIE KAMINSKI O Councilmember District 4
JAY MARTIN
Councilmember at Large B
MIKE MOSTEIT v / ,rn Councilmember District 5
Councilmember District 1 � MIKE CLAUSEN
CHUCK ENGELKEN t1 ' ° I - Councilmember District 6
Mayor Pro Tem ` 4'
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 12, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, September 12, 2011, 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 6:03 p.m. All members of Council were present. Also
present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and Assistant City
Attorney Clark Askins.
2. INVOCATION - The invocation was given by Reverend Wayne Spears.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Engelken.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Mayor Rigby, Police Chief Ken Adcox, Fire Chief Mike Boaze and EMS Chief Ray Nolen read a
proclamation for the "Moment of Remembrance of September 11, 2001."
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Ted Powell, 1700 Roscoe, La Porte, addressed Council and expressed his opposition regarding
Safety Town.
Kathryn Aguilar, 3119 Fondren, La Porte, addressed Council and expressed her opposition of
Safety Town.
Deobra Dugie, 3118 Fondren, La Porte, addressed Council in support of safety town.
Daniel Large, 201 Jamie Ct., La Porte, addressed Council and expressed concern regarding the
Fairmont Bike Trail. He stated that in certain areas along the trail, there are poles situated that
make it too narrow for bicycles to get through without causing an accident. Additionally, he opposes
Safety Town.
Crissy Stanley, 231 N. Forrest Ave., La Porte, addressed Council and expressed her support of
Safety Town.
Zoe Russell, 405 Bayshore, La Porte, addressed Council and expressed her opposition of Safety
Town.
Page 1 of 8
September 12, 2011, City Council Meeting Minutes
6. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will
be enacted by one motion. A Councilmember may remove any item for discussion and /or separate
action.
(a) Consider approval or other action of the minutes of regular meeting of La Porte City Council
held on August 22, 2011 — P. Fogarty
(b) Consider approval or other action repealing Ordinance 3366 relating to the appointment of
citizens to city boards, committees and commissions— P. Fogarty
(c) Consider approval or other action regarding an ordinance vacating, abandoning, and closing
the 7,600 square -foot alley in Block 187, La Porte; and authorize the execution and delivery
of a deed to the adjoining landowner, Victory Tabernacle — T. Tietjens
(d) Consider approval or other action to renew the operator's agreement between the City of La
Porte and the La Porte Area Water Authority — D. Mick
(e) Consider approval or other action of the La Porte Area Water Authority Board giving
authorization for the General Manager to execute an agreement with the City of Pasadena —
D. Mick
(f) Consider approval or other action authorizing City Manager to implement the bidding,
negotiation, construction and the operational phases of the previously executed agreement
with Ray & Hollington Architects for design of the New Fire Station No. 1 and the Fire
Administration Building, and authorize the City Manager to increase the professional
services reimbursable account — D. Ladd
Assistant City Attorney Clark Askins read the following captions of ordinances.
Ordinance 3375, AN ORDINANCE REPEALING ORDINANCE 3366, APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, CONTAING A
REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF
Ordinance 3376, AN ORDINANCE VACATING, ABANDONING AND CLOSING THE
ALLEY IN BLOCK 187, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE
EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Councilmember Engelken moved to approve the consent agenda as presented. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
7. AUTHORIZATIONS
(a) Consider approval or other action appointing and /or reappointing members to various
boards, commissions and committees — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Page 2 of 8
September 12, 2011, City Council Meeting Minutes
Councilmember Zemanek nominated Martha Gillett to fill the vacant position on the Chapter 172
Employee Retiree Insurance and Benefits Committee Board. Councilmember Engelken concurred.
Councilmember Leonard made a motion to reappoint all members to all boards and to appoint
Martha Gillett to the Chapter 172 Board. Councilmember Engelken seconded. MOTION PASSED
The vacant alternate position for the Chapter 172 Employee Retiree Insurance and Benefits
Committee Board will be brought back at a future council meeting.
(b) Consider approval or other action authorizing the City Manager to execute a contract with
Klotz Associates, Inc., for the Preliminary Engineering Design of Battleground Estates and
with Civil Tech Engineering for the Preliminary Engineering Design of Shady River — J.
Garza
City Engineer Julian Garza presented a summary.
Councilmember Zemanek questioned why council would need to approve the cost of the entire
project at this time rather than simply approve Phase one at this time, since it is unknown whether
Phase two will be necessary. Mr. Garza advised that the proposal can be amended at any time.
Councilmember Zemanek moved to accept a proposal of $23,478.00 with reimbursables included
(combined total $26,000.00) for the preliminary engineering designs of Battleground Estates and for
$57,800.00 for the preliminary engineering designs of Shady River. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
8. PUBLIC HEARING AND ASSOCIATED MATTERS
(a) Public Hearing to receive comments regarding the City of La Porte's Fiscal Year 2011-
2012 Proposed Budget — M. Dolby.
The public hearing was opened at 6:55 p.m.
Finance Director Dolby presented a summary of the Mission Statement, followed by the proposed
FY 2011 -2012 budget.
Councilmember Moser had questions about the insurance fund and also asked if the consultant of
the Tax Increment Reinvestment Zone adheres to the same expenditure policy as the City does.
Councilmember Zemanek questioned whether any changes to the insurance fund would increase
out of pocket expenses to the employees.
Councilmember Martin asked if a certain figure should remain in the contingency fund at all times.
Public comments were taken.
Phillip Hoot, 927 Seabreeze, asked if the City Manager's contingency fund could be used to pay
employee stipends.
Ted Powell, 1700 Roscoe, commented that the present drought has contributed to the road
problems around the bridge on "E" Street just to the east of Ohio, and asked that a workshop be
Page 3 of 8
September 12, 2011, City Council Meeting Minutes
scheduled to see where the City is on making these repairs. He stated that he doesn't agree with
giving all City employees a one -time stipend, but instead conduct a salary structure to ensure the
salaries are in line and competitive with private industry.
The public hearing closed at 8:03 p.m.
(b) Consider approval or other action regarding an ordinance approving and adopting the City
of La Porte's Fiscal Year 2011 -2012 Proposed Budget — M. Dolby
Assistant City Attorney Clark Askins Read Ordinance 3377, AN ORDINANCE APPROVING AND
ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF
OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012 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 Engelken moved to approve the City of La Porte's fiscal year budget, as presented.
Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
(c) Consider approval or other action regarding a resolution adopting the 2011 Appraisal Roll of
the Harris County Appraisal District — M. Dolby
Councilmember Clausen moved to approve the 2011 Appraisal Roll of the Harris County Appraisal
District, as presented. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
(d) Consider approval or other action establishing the Tax Rate for the 2011 -2012 Fiscal Year of
maintenance and operation rate of $.605 and a debt service rate of $.105 for a total tax rate
of $.71 per hundred dollar valuation — M. Dolby
Councilmember Clausen moved to table this item to the Council meeting on the 26 of September.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
9. ORDINANCES
(a) Consider approval or other action regarding an ordinance amending Appendix — A, "Fees,
Solid Waste" of the Code of Ordinances by increasing the monthly Residential Dwelling
Solid Waste Fee — M. Dolby
Finance Director Michael Dolby presented a summary.
Assistant City Attorney Clark Askins read the ordinance caption:
Page 4 of 8
September 12, 2011, City Council Meeting Minutes
Ordinance 3378, AN ORDINANCE AMENDING "APPENDIX A, FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING RESIDENTIAL DWELLING
MONTHLY SOLID WASTE FEE BY $1.50 TO $18.00, CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Clausen moved to adopt the ordinance as presented. Councilmember Mosteit
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Leonard and Martin
Nays: Moser, Kaminski and Zemanek
10. RESOLUTIONS
(a) Consider approval or other action regarding a resolution establishing fund balance policies
as required by GASB 54 (Governmental Accounting Standards Board) - M. Dolby
Finance Director Michael Dolby presented a summary.
Assistant City Attorney Clark Askins read the caption of the resolution.
Resolution 2011 -10, A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ESTABLISHING
FUND BALANCE POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF
Councilmember Engelken moved to adopt Resolution 2011 -10 as presented. Councilmember
Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
(b) Consider approval or other action regarding a resolution nominating a candidate for a
position on the Board of Directors of the Harris County Appraisal District — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney Clark Askins read the caption of the resolution.
Resolution 2011 -11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF
THE HARRIS COUNTY APPRAIASAL DISTRICT FOR A TERM COMMENCING JANUARY 1,
2012, AND EXTENDING THROUGH DECEMBER 31, 2013.
Councilmember Martin moved to adopt Resolution 2011 -11 nominating Ed Heathcott as a
candidate for a position on the Board of Directors of the Harris County Appraisal District as
presented. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
City Council recessed for a break at 8:12 p.m. and reconvened at 8:23 p.m.
Page 5 of 8
September 12, 2011, City Council Meeting Minutes
11. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding Safety Town — K. Adcox
Police Chief Ken Adcox discussed Safety Town as an educational classroom — a miniature city that
will focus on ways to enhance safety in the community. Three assignments were brought up at the
Council meeting in March of this year and he addressed those items as follows:
Chief Adcox mentioned three proposed sites for building Safety Town. Other areas of the
discussion included the costs that would be incurred by the necessity to move or add utility poles at
the proposed locations, construction costs, operating and maintaining costs, annual cost for staffing
of the facility, insuring the facility, noise concerns, and the level of average usage on a daily basis.
Mayor Rigby asked if citizens and Councilmembers were approached in the proposed Districts in
which Safety Town would be built to gather their input. Chief Adcox stated he has not spoken to
any Councilmembers within those Districts outside of the council meetings, although he has spoken
to a few citizens. He was also asked if there has been a reduction in accidents involving children in
the cities which have built a Safety Town. Chief Adcox stated he will provide this information at a
future meeting.
Councilmember Leonard stated that the City should hold off on a Safety Town due to the state of
the economy.
Councilmember Mosteit has faith in the project as long as we can keep the costs to minimal or
none, and still wants more information be brought back to council.
Councilmember Clausen is in support of Safety Town, although he said that it requires additional
research and planning to see what would best fit our community.
Councilmember Moser asked if the LPISD school board has been asked to supply the land. He
also stated he cannot commit to supporting Safety Town at this time.
Councilmember Martin supports the Chief's plans and commended his fine job of presentation,
although the level of interest is uncertain at this time.
Councilmember Zemanek said that if all the money could be raised to build Safety Town, then the
City should be able to supply the land to put it on.
Councilmember Engelken still had questions but supports the concept.
Councilmember Engelken made a motion to direct staff to move forward in the planning process
and provide additional information, including options, that would spare the City from bearing the
costs. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
(b) Discussion or other action regarding a report from the Redistricting Committee — T. Tietjens
Planning Director Tim Tietjens provided a report from the Redistricting Committee.
Based on information provided in the 2010 Census report, there are a few areas within the city that
still have "split blocks," most of which were able to be avoided, but still left two areas where they
exist. Districts Six and Two had to shrink down to meet the ten percent parameter. Districts Four
Page 6 of 8
September 12, 2011, City Council Meeting Minutes
and Five needed to expand somewhat to remain within population requirements per district; so, the
Committee recommended pulling from District Three. In order to give some of the population to
District Two, District Three had to move west a little; and in doing so, shifted everything to the west.
All changes must be pre - cleared through the Justice Department.
Chuck Harrington introduced himself as the Committee Chairman of the Redistricting Committee
and thanked Mr. Tietjens for the opportunity to work with him on this Committee.
Councilmember Engelken asked if they could try to fix some of the "split streets," if at all possible.
Councilmember Kaminski moved to take this proposed plan before the citizens in a public hearing.
Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit,
Engelken, Moser, Kaminski, Leonard and Martin
Nays: None
(c) Discussion/ workshop or other action regarding the direction and input to the La Porte
Development Corporation - R. Bottoms
City Manager Ron Bottoms presented a summary.
Councilmember Martin recommended that the La Porte Development Corporation Board focus on
expanding existing business opportunities, and also brainstorm for new development prospects.
Councilmember Zemanek stated that the recent expenditures of the Board were considered "quality
of life" improvements rather than economic development issues, which is determined to be within
the guidelines of the laws of the Development Corporation Board.
Councilmember Mosteit commented that the City Council and the Board members should both be
addressing the same issues.
It was the consensus of council to hold a joint meeting with the La Porte Development Board to
discuss various issues.
12. COMMITTEE REPORTS
(a) The La Porte Development Corporation Board meeting was cancelled due to lack of a
quorum; there was no report at this time — Councilmember Engelken
13. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
City Engineer Julian Garza provided a Drainage Report
(b) Receive report on Donation Clothing Bins — D. Wilmore
Chief Building Official Debbie Wilmore provided information on clothing donation bins.
The Mayor directed staff to take this issue up with the Planning and Zoning Commission for input
and guidance.
Page 7 of 8
September 12, 2011, City Council Meeting Minutes
14. ADMINISTRATIVE REPORTS — R. Bottoms
September 13, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m.
September 22, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m.
September 26, 2011 — City Council Meeting — 6:00 p.m.
15. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF
COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF
REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES — Councilmembers
Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard and Mayor Rigby
All councilmembers thanked the Redistricting Committee and staff for their work. Councilmember
Martin was wished a happy birthday, and Chief Adcox was thanked for his presentation.
16. EXECUTIVE SESSION
The City Council 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, as follows:
17. There was no Executive Session.
18. There being no further business, Councilmember Engelken made a motion to adjourn the meeting
at 10:36 p.m.
Respectfully submitted,
/ ?:1 , ti C th S CA - eb tti
Patrice Fogarty, city S ery
Passed a • - • •roved on the 26 of September, 2011.
41
v
ayor ouis R. • •
Page 8 of 8
September 12, 2011, City Council Meeting Minutes