HomeMy WebLinkAbout2012-03-26 Regular Meeting of the La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MARCH 26, 2012
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, March 26, 2012, 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. Members of Council present:
Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen.
Also present were City Secretary Patrice Fogarty, Interim City Manager Steve Gillett, Assistant City
Manager Traci Leach and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Don Hill, La Porte InterChurch Council.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Mayor Rigby presented a proclamation proclaiming April 9 — 14 as Red Suspenders Shrimp
Boil Week.
(b) Finance Director Michael Dolby presented the 2011 Comprehensive Annual Finance
Report.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., La Porte, addressed council in opposition to proposed changes
regarding group care facilities regulations (a/k/a group homes, community homes, residential
personal care homes, living centers and assisted living centers).
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 City Council meeting held on
March 12, 2012 — P. Fogarty
(b) Consider approval or other action regarding an ordinance declaring the candidates for
Mayor and Districts 2 and 3 unopposed; declaring Louis R. Rigby, candidate for Mayor,
elected; declaring Chuck Engelken, candidate for District 2, elected; declaring Daryl
Leonard, candidate for District 3, elected; and cancelling the May 12, 2012, general election
— P. Fogarty
(c) Consider approval or other action authorizing the Interim City Manager to execute a contract
with Paskey, Inc., for the replacement of the existing Main Street water main from SR 146
east to Broadway Street and authorizing a contingency — D. Mick
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March 26, 2012, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 3404 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DECLARING THE CANDIDATE FOR
MAYOR, LOUIS R. RIGBY, THE CANDIDATE FOR COUNCILPERSON DISTRICT 2, CHUCK
ENGELKEN, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, DARYL LEONARD,
UNOPPOSED; DECLARING LOUIS R. RIGBY, CANDIATE FOR MAYOR, CHUCK ENGELKEN,
CANDIDATE FOR COUNCILPERSON DISTRICT 2 AND DARYL LEONARD, CANDIDATE FOR
COUNCILPERSON DISTRICT 3, ELECTED; CANCELLING THE ELECTION FOR MAYOR AND
SINGLE -MEMBER DISTRICTS 2 AND 3; REPEALING ALL ORDINANCES OF PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Councilmember Martin moved to approve the Consent Agenda pursuant to recommendations by
City Staff. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Moser, Martin and Clausen
Nays: None
Absent: None
7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a) Consider approval or other action authorizing the Interim City Manager to sign a credit card
processing agreement with Automated Merchant Services — M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Zemanek moved to approve authorizing the Interim City Manager to sign a credit
card processing agreement with Automated Merchant Services. Councilmember Moser seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Moser, Martin and Clausen
Nays: None
Absent: None
(b) Consider approval or other action regarding an ordinance repealing Ordinance 2011-3334,
regarding convenience fees for credit or debit card transactions paid on-line through the City
of La Porte website, for City of La Porte residential and business customers — M. Dolby
Finance Director Michael Dolby presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3405 AN ORDINANCE
REPEALING ORDINANCE NO. 2011-3334, AUTHORIZING AND ESTABLISHING
CONVENIENCE FEES FOR CREDIT OR DEBIT CARD TRANSACTIONS PAID ON-LINE
THROUGH THE LA PORTE WEBSITE, FOR LA PORTE RESIDENTIAL AND BUSINESS
CUSTOMERS, CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLINANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Clausen moved to approve an ordinance repealing Ordinance 2011-3334,
regarding convenience fees for credit or debit card transactions paid on-line through the City of La
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March 26, 2012, City Council Meeting Minutes
Porte website, for City of La Porte residential and business customers. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Moser, Martin and Clausen
Nays: None
Absent: None
(c) Consider approval or other action regarding city council meeting dates for the month of
May 2012 as recommended by staff — S. Gillett/P. Fogarty
Councilmember Clausen moved to approve city council meeting date for May 14th and to cancel the
May 28th meeting for the month of May 2012 due to the Memorial Day holiday as recommended by
staff. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Moser, Martin and Clausen
Nays: None
Absent: None
8. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive public comments regarding group care facilities regulations
(a/k/a group homes, community homes, residential personal care homes, living centers and
assisted living centers) — D Wilmore
City Council opened the public hearing at 6:17 p.m. regarding group care facilities regulations (a/k/a
group homes, community homes, residential personal care homes, living centers and assisted living
centers
Chief Building Official Debbie Wilmore presented a summary.
Mayor Rigby questioned if an elderly person rented a house from a homeowner, would the
proposed ordinance apply to the elderly person? Ms. Wilmore responded the ordinance would not
apply to the elderly person. Mayor Rigby then asked would the ordinance apply if an elderly
person's adult son, his wife, and child all lived together with the elderly person. Ms. Wilmore stated
it would not because they are all related. We are not talking about family situations. This ordinance
is talking about companies placing individuals into homes.
Councilmember Mosteit questioned if individuals are not related but there is no monetary exchange
because it is not a business, does the ordinance apply to these individuals? Ms. Wilmore clarified
the ordinance does not apply to an individual relocating and residing in another individual's home.
The ordinance applies to facilities operating as a business, providing a service and taking money
for the services provided.
Chuck Rosa, 812 South Virginia St., La Porte, addressed Council advising he was informed by City
staff that if an individual rented a room from someone and paid contributions for food, the home
would be required to obtain a license.
City Council closed the public hearing at 6:33 p.m.
(b) Consider approval or other action on recommendation of the Planning and Zoning
Commission to approve an ordinance amending Chapter 106, "Zoning," of the Code of
Ordinances of the City of La Porte by enacting regulations pertaining to the operation of
group care facilities (a/k/a group homes, community homes, residential personal care
homes, living centers and assisted living centers) — D Wilmore
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March 26, 2012, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 3406 AN ORDINANCE
AMENDING CHAPTER 106 "ZONING OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY ENACTING REGULATIONS PERTAINING TO THE OPERATION OF GROUP CARE
FACILITIES; ESTABLISHING AN ANNUAL REGISTRATION FEE; PROVIDING 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 TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Leonard moved to approve the recommendation of the Planning and Zoning
Commission to approve an ordinance amending Chapter 106, "Zoning," of the Code of Ordinances
of the City of La Porte by enacting regulations pertaining to the operation of group care facilities
(a/k/a group homes, community homes, residential personal care homes, living centers and
assisted living centers). Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit,
Engelken, Leonard, Moser, Martin and Clausen
Nays: None
Absent: None
9. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
Senior Engineer Julian Garza stated there is nothing to add to the submitted to the Drainage
Report.
(b) Receive Report of Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs meeting which was held prior to the
start of the Council meeting.
10. ADMINISTRATIVE REPORTS
(a) Wrecker Committee Meeting, Tuesday, March 27, 2012
(b) Northside Neighborhood Plan Update Meeting, Thursday, March 29, 2012
(c) Good Friday — City Offices Closed, Friday, April 6, 2012
(d) La Porte Development Corporation Board Meeting, Monday, April 9, 2012
(e) City Council Meeting, Monday, April 9, 2012
M City Council Budget Retreat, Saturday, April 14, 2012
(g) City Council Meeting, April 23, 2012
Interim City Manager Steve Gillett reminded Council of the "State of Cities" address Wednesday,
March 28th at 12:00 p.m.
11. 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 Zemanek, Kaminski, Mosteit, Engelken, Leonard,
Moser, Martin, Clausen and Mayor Rigby.
Councilmember Clausen encouraged everyone to support the Red Suspenders and the shrimp boil.
Councilmember Kaminski commented she attended a very well attended, great play presented by
the La Porte senior citizens. Councilmember Engelken wished everyone a Happy Easter,
congratulated re-elected Mayor Rigby, and Councilmembers Engelken and Leonard, and reminded
everyone of the upcoming La Porte Live Stock Show and Rodeo Association's annual cook off.
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March 26, 2012, City Council Meeting Minutes
12. 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.
Texas Government Code, Section 651.072 — Deliberation regarding real property: Discussion of
the sale of property located at 908 and 912 West Main Street.
Texas Government Code, Section 551.074 — Personnel Matters: Receive update from executive
search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager.
City Council recessed the regular meeting to convene an executive session at 6:40 p.m. to discuss
the sale of property located at 908 and 912 West Main Street. Council reconvened into open
session at 6:58 p.m. to take action on this item. See action under Item 13, below.
After action was taken regarding the sale of property, City Council then recessed the regular
meeting at 6:59 p.m. to convene a closed session to receive an update from executive search firm
SGR (Strategic Governmental Resources) regarding recruitment of a City Manager.
13. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 6:58 p.m. after the closed session on the sale of property. The
following action was taken.
Councilmember Engelken moved to reject the written offer received and to direct staff to proceed
with the sale of 912 W. Main. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen,
Zemanek, Engelken, Moser, Kaminski and Martin
Nays: None
Absent: None
The regular meeting recessed at 6:59 p.m. to convene a closed session to receive an update from
the executive search firm SGR (Strategic Governmental Resources) regarding recruitment of a City
Manager. The closed session was concluded at 8:39 p.m.
Council reconvened into regular session at 8:39 p.m. No action was taken regarding the receiving
of an update from the executive search firm SGR (Strategic Governmental Resources) regarding
recruitment of a City Manager.
14. ADJOURN
There being no further business, the regular council meeting adjourned at 8:39 p.m.
R ectfully submitted,
Patrice Fogarty, i Secr6fary
Passed ar[d14p`krqRed on April 9, 2012.
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March 26, 2012, City Council Meeting Minutes