HomeMy WebLinkAbout2011-09-26 Regular Meeting of La Porte City Council minutes LOUIS RIGBY DARYL LEONARD
Mayor Councilmember District 3
JOHN ZEMANEK TOMMY MOSER
Councilmember at Large A 0 O Councilmember District 4
DOTTIE KAMINSKI .D JAY MARTIN
Councilmember at Large B Councilmember District 5
MIKE MOSTEIT 0
Councilmember District 1 MIKE CLAUSEN
CHUCK ENGELKEN Councilmember District 6
Mayor Pro Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 26, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, September 26, 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 6:00 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 Father Gary Rickles.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Mike Mosteit.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Gideon Jones, 10403 Quiet Hill, La Porte, read a letter of thank you regarding the La Porte Airport
and Auto Show. Mr. Jones thanked staff members Dave Mick, Stacey Osborne and Anthony
Virgadamo.
Vicki Campise, 1902 Roscoe, La Porte, addressed City Council concerning the need for additional
parking, marked pedestrian crosswalks for safety and traffic lights on Main Street. Ms. Campise
also commented regarding beautification, stating it is a good idea; and she requested City Council
to consider changes to Main Street.
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 September 12, 2011 — P. Fogarty
(b) Consider approval or other action authorizing a budget adjustment to increase the Golf
Course Tunnel Improvement project total from $81,096 to $125,233 in Fund 049 — D. Mick
(c) Consider approval or other action awarding Bid #11029 for Bay Forest Golf Course Pond
Bulkhead Improvements — A. Osmond
(d) Consider approval or other action awarding Bid #11027 and authorizing the City Manager to
execute a contract for the Park Avenue Pedestrian Pathway and Sidewalk Replacement/
Infill Project — S. Barr
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(e) 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, to increase fees for the Sylvan
Beach Fishing Pier — S. Barr
(f) Consider approval or other action authorizing the City Manager to execute a lease
agreement with the Texas Commission on Environmental Quality (TCEQ) for the placement
of atmospheric testing equipment at the La Porte Municipal Airport — D. Mick
(g) Consider approval or other action regarding an Ordinance amending the Interlocal
Agreement between the City of La Porte and Harris County for fixed route bus service with
complementary paratransit services; and authorize the City Manager to execute
Amendment No. 1 — R. Bottoms
(h) Consider approval or other action authorizing the City Manager to enter into contracts for
the annual supply of water and sewer materials — S. Cream
Assistant City Attorney Clark Askins read the caption of Ordinance 3379, AN ORDINANCE
APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED ROUTE BUS SERVICE WITH
COMPLEMENTARY PARATRANSIT SERVICES IN THE CITY OF LA PORTE, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Consent items B, D, E, and F were pulled for individual discussion and comments; regarding Item
E, Councilmember Zemanek requested this item be voted on separately.
Regarding Item B, Councilmember Zemanek asked who the contractor is and the amount of fees
for services. Public Works Director Dave Mick informed him that Cobb Fendley is the contractor,
and the design of the project would require additional funding.
Regarding Item D, Councilmember Zemanek questioned if the project was one that City Council
requested to be delayed. Director of Parks and Recreation Stephen Barr informed him that the
project was approved by City Council in the last budget year.
Regarding Item E, Councilmember Zemanek questioned the necessity of increasing fees. Director
of Parks and Recreation Stephen Barr informed that due to the increase of traffic, Harris County
was requiring the concessionaire to pay for security during weekends in the summer and the need
to ensure payments would be collected from pier traffic. Councilmember Zemanek questioned how
much revenue had been generated from the increase of traffic. Mr. Barr informed him that the pier
has not been operational for a complete year, and it is too soon to calculate how much revenue has
been generated. Mayor Rigby asked who requested 24 -hour operation and whether there are
records of pier usage. Mr. Barr informed him that Harris County requested the 24 -hour operation
as per the agreement, and Concessionaire Ms. Witt advised there were not any records available at
the present time. Councilmember Martin commented he was not in favor of increasing fees for
seniors and children. Councilmember Kaminski commented she would need additional background
information before voting on an increase of fees. Ms. Witt informed Council she did not have an
issue with no increase in fees for seniors and children.
Regarding Item F, Councilmember Zemanek questioned if there would be a problem with noise and
if sound testing had been conducted. Public Works Director Dave Mick informed there would not
be any noise per the agreement with Texas Commission on Environmental Quality (TCEQ).
Councilmember Engelken moved to approve Consent Agenda Items A, B, C, D, F, G, and H
pursuant to recommendations by City Staff. Councilmember Clausen seconded.
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Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
Councilmember Engelken moved to deny Consent Agenda Item E so that more information can be
brought back. Councilmember Kaminski 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 establishing the Tax Rate for the 2011 -2012 Fiscal Year,
consisting 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
Director of Finance Michael Dolby presented a summary.
Councilmember Clausen moved to approve establishing the Tax Rate for the 2011 -2012
Fiscal Year, consisting of a maintenance and operation rate of $.605 and a debt service rate
of $.105 for a total tax rate of $.71 per hundred dollar valuation. Councilmember Zemanek
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
(b) Consider approval or other action regarding modifications to the City's Medical Plan and
premiums, based on recommendations of the Chapter 172 Committee — H. Weger
Human Resource Manager Heather Weger presented a summary.
Councilmember Clausen moved to adopt all recommendations as presented.
Councilmember Martin seconded. MOTION FAILED.
Ayes: Councilmembers Clausen, Engelken and Martin
Nays: Mayor Rigby, Councilmembers Mosteit, Moser, Kaminski,
Zemanek, and Leonard.
Councilmember Leonard moved to table the item in order to have staff and the Chapter 172
Committee provide additional alternatives for consideration. Councilmember Moser
seconded.
After further discussion, Councilmember Leonard amended his motion and moved to
approve all bulleted items on the agenda request except Items two and seven — changes to
out of network deductibles and the proposed increase in monthly premiums on the PPO 500
Plan — and for staff to come back with additional plans for these two items as recommended
after further review by the Chapter 172 Committee. Councilmember Moser amended his
second to include that language. MOTION PASSED.
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Ayes: Councilmembers Moser, Kaminski, Zemanek, Leonard, and
Mayor Rigby
Nays: Councilmembers Clausen, Martin, Engelken, and Mosteit
Mayor Rigby clarified the motion and provided direction to Human Resource Manager Heather Weger
by indicating bullet points on the agenda request as follows:
Bullet points one, three, four, five and sip below were fine as presented.
• No changes to In- network benefits
• Increasing the coinsurance for out of network benefits from 40% to 50% for both Healthfund plans.
• Modifying the plan to pay out -of network benefits at 110% of Medicare allowable costs for
professional fees and 140% of Medicare allowable costs for facility fees.
• Increasing the copay for formulary brand name drugs from $25 to $30
• Increasing the copay for non - formulary brand name drugs from $50 to $60.
Bullet points two and seven are to come back with different options for consideration.
• Increasing the Out -of- network deductibles from $2,000 to $3,000 for the HealthFund 1000 plan and
from $1,000 to $3,000 for the PPO 500 plan
• Increasing the monthly premiums for active employees on the PPO 500 plan as follows:
o $20 for employee only coverage
o $40 for Employee + Spouse Coverage
o $60 for Employee + Children coverage
o $80 for Family coverage
8. PUBLIC HEARING AND ASSOCIATED MATTERS
(a) Public Hearing to receive comments regarding condemnation of the substandard building at
1307 E. Main — D. Wilmore
City Council opened the public hearing at 7:16 p.m., which is a continuance of the public hearing
from June 27, 2011, regarding condemnation of substandard building located at 1307 E. Main
Building Official Debbie Wilmore presented a summary and reported there has not been any
change to the property, and there was not a family representative present at the public hearing.
There was no public input.
Councilmember Zemanek moved to continue the public hearing to the next Council Meeting on
October 10, 2011. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: Councilmember Clausen
(b) Consider approval or other action of an ordinance condemning building located at 1307 E.
Main — D. Wilmore
There was no action taken on Item 8(b).
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9. ORDINANCES
(a) Consider approval or other action regarding an ordinance repealing the exemption from
collection of sales tax on telecommunication services under authority of Texas Tax Code
Section 321.210 — M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Zemanek moved to deny adoption of the ordinance. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Zemanek, Engelken, Moser,
Kaminski, Clausen and Martin
Nays: Mayor Rigby and Councilmember Mosteit
10. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding pedestrian and vehicular safety measures on Main
Street including, but not limited to, traffic signals and cross walks — Mayor Rigby
Public Works Director Dave Mick presented a summary.
Councilmember Moser commented Main Street business owners were in favor of a traffic
light at 2nd Street, and pedestrian safety and speeding traffic is a concern.
Assistant City Attorney Clark Askins discussed the Texas Tort Claims Act in addition to
advising that the City has discretion as to placing a traffic light on 2 and Main Street.
Councilmember Zemanek questioned if Pate Engineering conducted a study for a traffic
light. Director of Planning Tim Tietjens informed that Pate Engineering conducted an initial
traffic count, and a traffic Tight was not supported. Mr. Tietjens informed Council that the
business owners on Main Street would like parking along Main Street, and the City was
looking for additional parking.
Councilmember Martin commented there are safety concerns regarding parking along Main
Street and individuals exiting and entering their vehicles.
Councilmember Moser commented parking was the number one concern on Main Street.
Mayor Rigby questioned if City Council decided to place a traffic light at 2 " Street, would an
alternative analysis still have to be completed. Public Works Director Dave Mick informed a
warrant analysis would not be completed if City Council decided to move forward with a
traffic Tight.
Councilmember Moser made a motion for staff to move forward with a traffic light at 2nd
Street. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Zemanek, Engelken, Moser,
Kaminski, Mosteit, Martin and Mayor Rigby
Nays: None
(b) Discussion or other action regarding Pasadena Convention Center improvements — T.
Tietjens
City Engineer Julian Garza presented a summary, and Tom Ramsey, with Klotz and
Associates, presented a power point presentation.
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City of Pasadena Director of Public Works Robin Green spoke on behalf of the City of
Pasadena. Mr. Green advised the City of Pasadena has funded the first phase of the
project.
Councilmember Mosteit asked that City Council be assured that the City of La Porte
receives drainage benefits and proposed projects in the City of La Porte will not be delayed
based on what the City of Pasadena does. City of Pasadena Director of Public Works Robin
Green commented if La Porte City Council approved the project, an agreement would
clearly state the City of Pasadena would make improvements to drainage.
City Engineer Julian Garza advised City Council that drainage projects in La Porte will not
be delayed and are moving forward. Mr. Garza also advised the projects were on the Harris
County Flood Control District Improvement Plan, as well; and a meeting is planned with
Harris County Flood Control District for an update on these projects.
Councilmember Leonard questioned the purpose of control structures. Gary Struzik, with
Klotz and Associates, informed there are two purposes of the control structures, for
conveyance of storm water and to create a water feature.
Councilmember Engelken expressed his concerns regarding downstream effects not being
addressed, the fifty -seven homes destroyed in the Brookglen Subdivision, and the lack of
assistance from Harris County Flood Control District. Councilmember Engelken also
commented he was in favor of improving drainage but was opposed to the de- annexation.
Mayor Rigby commented he would contact Mayor Isbell and inform him of Council's
discussions and concerns.
(c) Discussion or other action regarding group homes, (aka community homes, residential
personal care homes, living centers and assisted living centers) — D. Wilmore
Chief Building Official Debbie Wilmore presented a summary.
City Council directed staff to send the issue of registration of group homes to the Planning
and Zoning Commission.
(d) Discussion or other action regarding a presentation by Marc Campos of Celanese
Corporation on their project to convert natural gas into ethanol. — Mayor Rigby
Marc Campos of Celanese Corporation provided a presentation on a project to convert
natural gas into ethanol. Mayor Rigby will sign a letter of support.
11. STAFF REPORTS
(a) Receive report from Perdue, Brandon, Fielder, Collins & Mott regarding the delinquent tax
collection process — K. Powell
Attorney Jason Bailey with Perdue, Brandon, Fielder, Collins & Mott provided d report on the
delinquent tax collection process.
Councilmember Zemanek questioned why properties with delinquent taxes since the 1980's
are still on the delinquent tax list. Mr. Bailey informed those delinquent tax properties are
either `upside down or underwater,' have deceased heirs, or are probate and /or bankrupt
properties that are to be resolved by Perdue, Brandon, Fielder, Collins & Mott.
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Councilmember Zemanek requested Mr. Bailey provide an update of the delinquent taxes
for East "A" Development for City Council. Mr. Bailey stated he would do so.
(b) Receive Drainage Report — J. Garza
Because drainage projects in the City were discussed earlier in the meeting, City Engineer
Julian Garza did not provide a Drainage Report.
(c) Receive CIP Update — T. Tietjens, S. Osborne, M. Boaze, D. Mick, J. Suggs, A. Osmond
and S. Barr
City Council received Capital Improvement Projects updates from Director of Planning Tim
Tietjens, Economic Development Coordinator Stacey Osborne, Fire Chief Mike Boaze,
Public Works Director Dave Mick, Emergency Coordinator Jeff Suggs, Golf Course Manager
Alex Osmond, and Director of Parks Stephen Barr.
12. ADMINISTRATIVE REPORTS — R. Bottoms
October 3, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m.
October 3, 2011 — Joint La Porte Development Corporation Board /City Council Meeting 6:00 p.m.
October 10, 2011 — City Council Meeting — 6:00 p.m.
October 24, 2011 — City Council Meeting — 6:00 p.m.
13. 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
Councilmember Martin thanked staff for the reports and Rebecca Collins, Editor of the Bay Area
Observer, for attending the meeting.
14. EXECUTIVE SESSION
There was no Executive Session.
15. There being no further business, Councilmember Engelken moved to adjourn the meeting at 10:15
p.m.
Respectfully submitted,
P at r tte: CQjy
Patrice Fogarty, Ci O ecreta
Passed and : • •ved on the 10 of October, 2011.
• /
Mayor 1. s R. Rig 0
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