HomeMy WebLinkAbout2011-10-24 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 C 414 Councilmember District 4
DOTTIE KAMINSKI JAY MARTIN
Councilmember at Large B
MIKE MOSTEIT t1 f /j e1 Councilmember District 5
Councilmember District 1 /� �.� MIKE CLAUSEN
CHUCK ENGELKEN Fj Councilmember District 6
Mayor Pro Tem `
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 24, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, October 24, 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, Assistant City Manager Traci Leach, and Assistant
City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Wayne Spears of Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
Mayor Rigby recognized Walter Lee, from Finance Utility Billing, as the "Employee of the (Third)
Quarter."
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Norma Elliott, 11621 North D Street, La Porte, addressed City Council regarding her concerns of
dogs being restrained with chains, and requested Council to address the cruel treatment of animals.
Thad Pittman, 905 Myrtle Creek, La Porte, addressed City Council regarding his concern with traffic
and speeding vehicles on Myrtle Creek. Mr. Pittman also requested the installation of speed bumps
and /or a patrol officer to maintain safety in the neighborhood.
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 joint meeting of the La Porte
Development Corporation Board and City Council held on October 3, 2011, and the minutes
of the regular meeting of City Council held on October 10, 2011 — P. Fogarty
(b) Consider approval or other action regarding an ordinance approving a contract with Perdue,
Brandon, Fielder, Collins, & Mott for collection of mowing and demolition fees — M. Dolby
(c) Consider approval or other action authorizing the purchase of Hart Voting System election
equipment, and authorizing the Mayor to sign and enter into a Master Agreement and a
Warranty, Support and License Agreement with Hart InterCivic on behalf of the City of La
Porte — P. Fogarty
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October 24, 2011, City Council Meeting Minutes
(d) Consider approval or other action regarding an ordinance amending Chapter 38 of the Code
of Ordinances by establishing fees for Fire Department responses to areas located within
the Battleground and Bayport Industrial Districts — D. Ladd
(e) Consider approval or other action authorizing the Planning Director to execute a pipeline
permit to Enterprise Crude Pipeline, LLC, for installation of an 18" crude oil pipeline from
Exxon's Bayport to Baytown Corridor to the Enterprise Products Operation facility in
Morgan's Point — T. Tietjens
(f) Consider approval or other action awarding RFP #08512 for Janitorial Services — S. Cream
(g) Consider approval or other action awarding a bid for the purchase of 27,500 rolls of 1.5 mil.
30- gallon plastic garbage bags — D. Mick
(h) Consider receiving and authorizing the Mayor to sign the audit/asset forfeiture report as
required by Chapter 59 of the Texas Code of Criminal Procedures — K. Adcox
Assistant City Attorney Clark Askins read the caption of Ordinance 3386, AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PERDUE,
BRANDON, FIELDER, COLLINS & MOTT, LLP, FOR CITY MOWING AND DEMOLITION LIEN
COLLECTION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Assistant City Attorney Clark Askins read the caption of Ordinance 3387, AN ORDINANCE
AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY ESTABLISHING SERVICE CALL FEES FOR DISPATCH OF LA PORTE FIRE
DEPARTMENT TO LOCATIONS IN THE BATTLEGROUND AND BAYPORT INDUSTRIAL DISTRICTS,
FOR NON -CIMA MEMBERS; CONTAINING A REPEALING CLAUSE CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Consent Items E and F were pulled for individual discussion and comments. Councilmember
Zemanek requested Item B be voted on separately.
Regarding Item E, Councilmember Mosteit questioned whether some of the drainage issues are
caused by pipeline construction in the city. Planning Director Tim Tietjens advised older pipelines
are impacting the drainage of the F101 Project, but not recent pipeline construction. Mr. Tietjens
also advised he could organize a meeting for pipeline networks on behalf of the city.
Councilmember Moser requested the item be voted on separately.
Regarding Item F, Councilmember Zemanek questioned why information had not been provided for
janitorial services at 908 W. Main. Purchasing Manager Susan Cream advised she could meet with
Parks and Recreation Director, Stephen Barr, and request that the awarded vendor obtain
comparison information for janitorial services at 908 W. Main, if so directed.
Councilmember Engelken moved to approve Consent Agenda Items A, C, D, F, G, and H pursuant
to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
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October 24, 2011, City Council Meeting Minutes
Councilmember Clausen moved to approve Consent Agenda Item B pursuant to recommendations
by City Staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit and
Engelken
Nays: Councilmembers Leonard, Zemanek, Moser and Kaminski
Mayor Rigby moved to approve Consent Item E pursuant to recommendations by City Staff.
Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Zemanek and
Engelken
Nays: Councilmembers Mosteit, Leonard, Kaminski and Moser
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the
Battleground Industrial District located within the City of La Porte's extraterritorial jurisdiction
— T. Tietjens
City Council opened the public hearing at 6:33 p.m. regarding public input on the annexation
of an approximately 29 -acre tract of land in the Battleground Industrial District located within
the City of La Porte's extraterritorial jurisdiction — T. Tietjens
Planning Director Tim Tietjens presented the summary.
The following spoke during the public hearing:
Richard Weaver, attorney for property owner Ted Booher, informed City Council the
property has been cleared of machinery items and is very clean and organized. Mr. Weaver
also requested members of Council view the property again if they've not seen it in a while.
Phillip Hoot, 927 Seabreeze, La Porte, requested an explanation on why the annexation is
taking place.
Planning Director Tim Tietjens informed staff had been directed to proceed with the
annexation preparation due to aesthetic issue with debris, weeds and rodents that are
associated with health and safety concerns. Mayor Rigby commented City Council had
been presented with a service plan in August for the annexation process.
John Kling, 11025 Pinewood Ct., La Porte, spoke against the annexation and suggested
other areas in the city should be cleared of debris, as well.
The public hearing closed at 6:40 p.m.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the Comprehensive Plan Update from Kendig Keast
Collaborative — M. Malik
City Planner Masood Malik presented the summary, and Bret Keast provided a power point
presentation.
Councilmember Zemanek commented that the nine elected councilmembers know what is
best for the City of La Porte regarding growth for the next twenty years. Councilmember
Moser asked what is meant by redevelopment, and Mr. Keast comment it could be like a
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October 24, 2011, City Council Meeting Minutes
shot in the arm for neighborhoods or redevelopment of the vacated car lots.
Councilmember Zemanek asked for a better definition of a "shot in the arm." Mr. Keast
stated it may be drainage, sidewalks or other infrastructure improvement or working with
individual neighborhood plans.
(b) Discussion or other action regarding procedures for recruitment/hiring of a city manager —
Mayor Rigby
Mayor Rigby informed Council a Request for Proposal was previously utilized for a search
firm in selecting a city manager. The Mayor asked Council if there are other suggestions on
a selection process for a new city manager.
Councilmember Clausen commented that a search firm is needed.
Council questioned the services a search firm would provide in selecting a city manager.
Purchasing Manager Susan Cream advised search firms have access, knowledge, and a
data base with interested candidates, together with a pool of contacts. Mayor Rigby added
a search firm would have the time to search for qualified candidates that City Council would
be interested in interviewing.
Mayor Rigby directed Purchasing Manager Susan Cream to forward City Council a copy of
the RFP (Request for Proposal) that was used last time to find a search firm. In addition,
Ms. Cream was directed to begin the process for a Request for Proposals for City Council to
review, together with a list of potential search firms, and bring these back to Council for
consideration at the December 12, 2011, Council meeting.
Councilmember Engelken moved to begin the process to hire a search firm. Councilmember
Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Moser,
Leonard, Kaminski, Clausen, Martin, Mosteit and
Engelken
Nays: None
(c) Discussion or other action regarding the approval of an ordinance amending Chapter 82 of
the Code of Ordinances by adopting the 2011 Edition of the National Electrical Code — M.
Huber
Deputy Building Official Mark Huber presented a summary. Assistant City Attorney Clark
Askins read the caption of Ordinance 3388, AN ORDINANCE AMENDING CHAPTER 82 OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADOPTING THE 2011 EDITION
OF THE NATIONAL ELECTRICAL CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE 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 TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Moser moved to approve Ordinance No. 3388 as presented.
Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen,
Zemanek, Mosteit, Engelken, Moser, Kaminski and
Martin
Nays: None
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October 24, 2011, City Council Meeting Minutes
(d) Discussion or other action regarding the employee stipend for Civil Service employees —
Councilmembers Kaminski, Zemanek and Moser.
Councilmember Kaminski questioned if all police officers would receive the employee
stipend like other city employees. Mayor Rigby commented the request in the budget was
for employees who are not going to receive a merit increase to receive the employee
stipend excluding civil service employees until April 1, 2012, when their agreement expires.
Councilmember Zemanek commented he was in favor of all full time employees, regardless
of civil service status, to receive the employee stipend, which is what he understood during
the budget discussion.
Councilmember Clausen commented he understood La Porte Police Officer Association
President Matt Novosad, who spoke at the last Council Meeting, advised civil service
employees did not want to wait until April 1, 2012, for step increases.
La Porte Police Officer Association President Matt Novosad commented he addressed City
Council for clarification on the employee stipend for all employees and if Council understood
Civil Service employees could also be considered for the employee stipend regardless of
step increases.
Councilmember Clausen moved to make civil service employees whole on the $1000
amount if and /or when they receive a step increase, should it be less than the $1000
stipend, then the City would fund the difference between the step increase and the
employee stipend. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Clausen,
Mosteit and Engelken
Nays: Councilmembers Leonard, Kaminski, Moser and
Zemanek
(e) Discussion or other action regarding the Second Water Main Feed to Bay Colony —
Councilmembers Zemanek, Kaminski and Moser
Councilmember Zemanek requested Public Works Director Dave Mick to provide an
explanation for the second water main feed to Bay Colony. Mr. Mick presented a summary.
Councilmember Zemanek questioned if the City of Shoreacres would provide assistance
with the project. Public Works Director Dave Mick responded yes, Shoreacres is financially
participating in the cost of the project.
City Council directed Public Works Director Dave Mick to move forward with the completion
of the second water main feed to Bay Colony.
(f) Discussion or other action regarding future requests for infrastructure improvements that
facilitate development — Councilmembers Zemanek, Kaminski and Moser.
Councilmember Zemanek informed City Council this item was at the request of a business
owner at 212 W. Main Street, suggesting the City install a water line at the business location
due to the requirement for a fire suppression system. Councilmember Zemanek requested
comments from Council on the request and the impact of potential requests from other
business owners.
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October 24, 2011, City Council Meeting Minutes
Councilmember Moser questioned if there was an ordinance regarding water line
replacements. Planning Director Tim Tietjens informed Council that Ordinance 2005 -759 -A
addresses existing water lines.
Councilmember Kaminski commented approving this request would not be fair to other
business owners who were funding their own water lines.
Mayor Rigby added a City policy is not in place to provide assistance with water line
upgrades.
Councilmember Zemanek moved to deny this request for waterline improvements.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit and Engelken
Nays: Councilmembers Leonard and Martin
(g) Discussion or other action regarding confinement of animals/ chaining of dogs —
Councilmembers Zemanek, Kaminski and Moser
Councilmember Zemanek requested Police Chief Ken Adcox to comment on confinement of
animals/ chaining of dogs. Chief Adcox advised the City currently allows tethering of animals
as long as it is done humanely. Councilmember Zemanek questioned whether the City can
currently do anything if an animal is chained twenty -four hours a day, seven days a week.
Chief Adcox responded it is perfectly legal as long as state law standards are met. Chief
Adcox advised Council could restrict, or completely prohibit, the tethering of animals.
Animal Control Officer Clarence Anderson commented he personally did not like tethering of
animals or the use of small cages.
Mayor Rigby asked if Council directed staff to bring back an ordinance addressing and
prohibiting tethering, would it be enforceable. Chief Adcox advised yes; and staff would
bring back an ordinance addressing tethering, also providing certain exceptions, for
Council's consideration.
Councilmember Moser moved to direct staff to bring back an ordinance banning tethering.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit, Leonard, Martin and
Engelken
Nays: None
9. COMMMITTEE REPORTS
(a) Receive Report of Fiscal Affairs Committee — Councilmember Engelken presented a short
report.
10. STAFF REPORTS
(a) Receive Drainage Report — Julian Garza provided a Drainage Report.
Councilmember Engelken commented he was concerned with the qualifications of the Consulting
Engineer for Klotz and Associates performing an analysis on the Brookglen detention pond due to
previous reports provided to the Drainage and Flooding Committee.
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October 24, 2011, City Council Meeting Minutes
Councilmember Zemanek questioned the design and construction cost for Deer Park water placed
in the La Porte detention pond; and if the City would be billed by Klotz and Associates for the
meetings that would be scheduled. City Engineer Julian Garza responded the City would not and
has not been charged for meetings held with Klotz and Associates. Mr. Garza also responded
La Porte is not taking water from Deer Park.
11. ADMINISTRATIVE REPORTS
(a) November 7, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m.
(b) November 14, 2011 — City Council Meeting — 6:00 p.m.
There were no additional administrative reports.
12. 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 Martin, Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen and Mayor Rigby.
Councilmember Martin congratulated the La Porte Bulldogs for winning their game against North
Shore. Councilmembers Moser, Kaminski, Zemanek, Leonard, Mosteit, and Mayor Rigby
congratulated Walter Lee as "Employee of the (Third) Quarter." Councilmember Kaminski thanked
everyone for attending the meeting. Councilmember Zemanek remembered someone special he
lost twelve years ago today. Councilmember Leonard commented on the productive meeting.
Councilmember Mosteit thanked everyone who attended the La Porte Live Stock Show and Rodeo
Association's fund raiser.
13. 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) — 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.
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or
contemplated litigation: regarding issues on property located at 603 N. Broadway, La Porte, Texas.
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Appointment/hiring of interim city manager.
City Council recessed the regular meeting to convene an executive session at 8:45 p.m.
14. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 10:17p.m. Regarding the first item, Council gave direction to
the City Attorney to continue with the annexation process as the offer of settlement from the
landowner was not acceptable; regarding the second item, Council gave direction to staff to begin
the process to clear the right -of -way and to file suit to force settlement; regarding the third item,
Council gave direction to the Mayor to negotiate a contract with a candidate for interim city manager
services.
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October 24, 2011, City Council Meeting Minutes
Councilmember Engelken moved to direct the Mayor to negotiate a contract with a candidate for
interim city manager services. Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit, Leonard, Martin and
Engelken
Nays: None
15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
10:20 p.m.
Respectfully submitted,
CebTLe
Patrice Fogarty, Citygecretary U
Passed ; = p ' wed on the 14 of November, 2011.
•
ayo Louis R. "ig•y
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October 24, 2011, City Council Meeting Minutes