HomeMy WebLinkAbout2011-10-10 Regular Meeting of La Porte City Council minutes LOUIS RIGBY DARYL LEONARD
Mayor Councilmember District 3
JOHN ZEMANEK f • TOMMY MOSER
Councilmember at Large A 0 A
DOTTIE KAMINSKI Councilmember District 4
Councilmember at Large B �+ JAY MARTIN
MIKE MOSTEIT tl r ", m Councilmember District 5
Councilmember District 1 MIKE CLAUSEN
ENGELKEN
J�l Councilmember District 6
Mayor Pro Tem
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Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 10, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, October 10, 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 City Attorney Knox
Askins.
2. INVOCATION - The invocation was given by Michael Thannisch of Congregation Benim Avraham.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS — There were none.
`° 5. PUBLIC COMMENTS (Limited to five minutes per person.)
Delbert Landry, 316 S. 11 Street, La Porte, addressed City Council with concerns regarding the
retention pond (F216 Project), the elimination of trees, and the effects in his community.
Jeff Brown, 9422 Rustic Gate, La Porte, also addressed City Council with concerns of the retention
pond (F216 Project), the location of the pond near his parents' home, safety factors, mosquitoes,
and the elimination of trees. Mr. Brown also commented he understands the need and does want
flooding issues under control.
Chuck Rosa, 812 S. Virginia, La Porte, addressed City Council in opposition to the removal of
donation collection bins.
Brenda Davis, 3109 Hughes, Rd., Dickinson, addressed City Council with concerns of a dog being
restrained with a chain on Broadway. Ms. Davis requested City Council consider passing an
ordinance preventing inhumane treatment to animals.
Regina Reiley, 523 N 4 La Porte, also addressed City Council with concerns of dogs being
restrained with chains and requested City Council consider passing an ordinance preventing
inhumane treatment to animals.
Matt Novosad, President of the La Porte Police Officers' Association, addressed City Council
regarding the one -time stipend for City employees and his understanding of the stipend being
approved for all employees.
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October 10, 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 the regular meeting of the La Porte City
Council held on September 26, 2011 — P. Fogarty
(b) Consider approval or other action to approve city council meeting dates for the months of
November and December 2011 as recommended by staff — R. Bottoms /P. Fogarty
(c) Consider approval or other action regarding an ordinance authorizing the City Manager to
execute approved form of Agreement Letter with companies located within the Battleground
Industrial District for the City of La Porte EMS — R. Nolen
(d) Consider approval or other action regarding an ordinance authorizing the City Manager to
execute a contract with Dr. Oscar Boultinghouse, M.D., for medical services — R. Nolen
(e) Consider approval or other action awarding Bid #12003 for Medical Supplies — S. Cream
(f) Consider approval or other action authorizing the City Manager to approve a lease
agreement with Dell Computers to replace laptop and desktop computers — J. Suggs
City Attorney Knox Askins read the caption of Ordinance 3381, AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DR. OSCAR BOULTINGHOUSE,
M.D., TO SERVE AS MEDICAL DIRECTOR OF THE DEPARTMENT OF EMERGENCY MEDICAL
SERVICES OF 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.
City Attorney Knox Askins read the caption of Ordinance 3382, AN ORDINANCE APPROVING AND
AUTHORIZING AGREEMENT LETTERS BETWEEN THE CITY OF LA PORTE AND COMPANIES
LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL
SERVICES, , MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Regarding Item A, Councilmember Zemanek advised to amend the dollar amounts on proposed
September 26 Minutes under Consent Item B.
Councilmember Engelken moved to approve the consent agenda as presented with amendment to
the September 26 Minutes as suggested. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding the taxation of tangible personal property in
transit — M. Dolby
City Council opened the public hearing at 6:28 p.m. regarding the taxation of tangible personal
property in transit — M. Dolby
Finance Director Michael Dolby presented a summary.
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October 10, 2011, City Council Meeting Minutes
Councilmember Engelken questioned how the City taxes "goods in transit." Tax Manager Kathy
Powell advised modifications were being made to include inventory in the warehouses.
Councilmember Leonard questioned if the City can tax "goods in transit" over 180 days. Tax
Manager Kathy Powell advised yes.
There was no public input. The public hearing closed at 6:32 p.m. regarding the taxation of tangible
personal property in transit.
(b) Consider approval or other action regarding an ordinance authorizing the City of La Porte
to continue to tax "goods in transit," as allowed by Tex. Tax Code §11.253(j -1) — M. Dolby
City Attorney Knox Askins read the caption of Ordinance 3383 AN ORDINANCE OF THE CITY OF
LA PORTE TO TAX TANGIBLE PERSON PROPERTY IN TRANSIT WHICH WOULD
OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253.
Councilmember Engelken moved to approve Ordinance No. 3383 as presented. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
(c) Public Hearing to receive comments regarding condemnation of the substandard building
at 1307 E. Main Street (this item has remained in public hearing status since the City Council
meeting held on September 26, 2011) — D. Wilmore
City Council continued the public hearing at 6:33 p.m. regarding condemnation of the substandard
building at 1307 E. Main Street.
Chief Building Official Debbie Wilmore presented a summary.
Greg Lewis, Representative for the family, addressed City Council and informed them the probate
has been completed and potential buyers are Mark Vasquez and his brother.
(d) Consider approval or other action of an ordinance condemning the building at 1307 E. Main
Street — D. Wilmore
Councilmember Clausen moved to continue the public hearing to November 14, 2011.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
(e) Public Hearing to receive public input on the Proposed 2010 La Porte Redistricting Plan
and Ordinance — T. Tietjens
City Council opened the public hearing at 6:38 p.m. regarding public input on the Proposed 2010
La Porte Redistricting Plan and Ordinance.
Planning Director Tim Tietjens presented a summary.
There was no public input. The public hearing closed at 6:39 p.m.
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October 10, 2011, City Council Meeting Minutes
(f) Consider approval or other action regarding an ordinance adopting the Proposed 2010
La Porte Redistricting Plan as recommended by the 2010 La Porte Redistricting Committee
— T. Tietjens
City Attorney Knox Askins read the caption of Ordinance 3384 AN ORDINANCE DETERMINING
THE POPULATION OF THE CITY OF LA PORTE AS ESTABLISHED BY THE 2010 U.S.
CENSUS; FINDING THAT THE DISTRIBUTION OF POPULATION AMONG THE VARIOUS
COUNCIL DISTRICTS IS MATERIALLY UNBALANCED; ESTABLISHING NEW DISTRICT
BOUNDARIES FOR THE RESIDENCE AND ELECTION OF DISTRICTS COUNCILPERSONS;
CONFIRMING EXISTING POLLING PLACES; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve Ordinance 3384 as presented. Councilmember Moser
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
(g) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the
Battleground Industrial District and located within the City of La Porte's extraterritorial
jurisdiction — T. Tietjens
City Council opened the first public hearing at 6:41 p.m. regarding the annexation of an
approximately 29 -acre tract of land in the Battleground Industrial District and located within the City
of La Porte's extraterritorial jurisdiction.
Planning Director Tim Tietjens presented a summary.
Richard Weaver, Legal Counsel for Ted Booher, addressed City Council and requested a 6 -foot
chain link fence with slats. Mr. Weaver also informed City Council of the proposal to beautify the
area in lieu of this opposed annexation.
The first public hearing closed at 6:47 p.m. regarding the annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District and located within the City of La Porte's
extraterritorial jurisdiction.
There was no action taken at this first public hearing.
8. ORDINANCES
(a) Consider approval or other action of an ordinance declaring donation collection bins a public
nuisance and prohibiting same within the city limits — D. Wilmore
Chief Building Official Debbie Wilmore presented a summary.
City Attorney Knox Askins read the caption of the Ordinance AN ORDINANCE AMENDING
CHAPTER 34 "ENVIRONMENT ", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS BY ADDING NEW ARTICLE VII "DONATION COLLECTION BINS "; PROVIDING
A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS;
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October 10, 2011, City Council Meeting Minutes
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Clausen moved to approve the ordinance as presented. Councilmember Mosteit
seconded. MOTION FAILED.
Ayes: Mayor Rigby, Councilmembers Clausen and Mosteit.
Nays: Councilmembers Martin, Zemanek, Kaminski, Moser, Leonard
and Engelken.
(b) Consider approval or other action of an ordinance adopting the revised hotel tax ordinance —
M. Dolby
Finance Director Michael Dolby presented a summary.
City Attorney Knox Askins read the caption of Ordinance 3385 AN ORDINANCE AMENDING
ARTICLE IV "HOTEL OCCUPANCY TAX" OF CHAPTER 66 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, REGARDING COLLECTION OF HOTEL AND MOTEL OCCUPANCY
TAX; CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to approve Ordinance 3385 as presented. Councilmember
Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
9. RESOLUTIONS
(a) Consider approval or other action of a resolution authorizing the sale of Lots 1, 2, & 3, Block
400, Town of La Porte — K. Powell
Tax Manager Kathy Powell presented a summary.
Assistant City Attorney Clark Askins read the caption of Resolution 2011 -12 RESOLUTION
AUTHORIZING THE RESALE OF CERTAIN PROPERTY.
Councilmember Moser moved to approve Resolution 2011 -12 as presented. Councilmember
Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
10. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the phasing and funding of the Concrete Street
Program and provide staff with direction — J. Garza
City Engineer Julian Garza presented a summary.
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October 10, 2011, City Council Meeting Minutes
Councilmember Martin questioned the number of phases of the project. City Engineer Julian
Garza informed there are up to twenty phases of the project. Councilmember Martin
questioned if drainage objectives would be accomplished if only Phases one, three and four
were completed. City Engineer Julian Garza responded many benefits would be achieved
by completing Phases one, three and four.
Councilmember Moser questioned if there was a possibility for funding of the project. City
Engineer Julian Garza informed funding could be expected by January or February 2012.
Councilmember Moser commented if funding becomes available, he would like to see staff
move forward with Phases one, three and four.
Mayor Rigby inquired which individuals had input with Phases one through ten. City
Engineer Julian Garza informed there was a committee consisting of Cobb Fendley and
Associates, Dave Mick, Don Pennell, Rodney Cox, in the Public Works Department, Tim
Tietjens, Rodney Slaton and himself.
Councilmember Moser moved to direct staff to move forward with the phasing and funding
of Phases one, three, and four of the Concrete Street Program. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
11. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
City Engineer Julian Garza provided a Drainage Report.
12. ADMINISTRATIVE REPORTS
(a) October 24, 2011 — City Council Meeting — 6:00 p.m.
There were no additional administrative reports.
13. 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 — Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek,
Leonard, Engelken, Mosteit and Mayor Rigby.
Councilmember Moser requested staff to follow up and assist Mr. Delbert Landry with the issues he
addressed to City Council. Councilmember Leonard congratulated participants in the "Bike Around
the Bay" event.
14. 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, including, but not limited to, the following:
Texas Government Code, Section 551.072(1) — Deliberation regarding real property: Discussion
of the sale of property located at 908 and 912 W. Main Street.
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or
contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District.
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October 10, 2011, City Council Meeting Minutes
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Ron Bottoms, City Manager.
City Council recessed the regular meeting to convene an executive session at 7:13 p.m.
15. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 8:53 p.m. Council directed Main Properties to continue with the
bid process for the sale of 912 W. Main, directed the City Attorney's Office to continue with the
annexation process, and advised of the acceptance of the resignation of City Manager Ron
Bottoms effective immediately.
16. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:55
p.m.
Re ectfully su/b�m�itted, 121,47 1
Patrice Fogarty, Ci(Secry
Passed and ap L i the 24 of October, 2011.
`. A
Mayor Lo fli Rigby •
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October 10, 2011, City Council Meeting Minutes