HomeMy WebLinkAbout2012-08-27 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Mayor Pro Tem
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
AUGUST 27, 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, August 27, 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:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Engelken, Zemanek, Mosteit, Martin, Kaminski, Clausen, Leonard and Moser.
Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City
Manager Traci Leach and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Thomas Park, Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation — "Texting and Driving - It Can Wait Day" — Mayor Rigby
Mayor Rigby read the proclamation, and reiterated how important it is to not text while driving.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Rhonda Lunsford, 10280 North H Street, addressed Council concerning improvements at Lomax Arena and
suggested the project be rebid.
6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a) Consider approval or other action regarding the minutes of regular meeting and Budget
Workshop held on August 13-14, 2012 — P. Fogarty
(b) Consider approval or other action regarding an ordinance authorizing the City Manager to
execute a Water Service Agreement, and a Sanitary Sewer Service Agreement with Altom
Transport, Inc., in the Bayport Industrial District — T. Tietjens
(c) Consider approval or other action regarding a resolution authorizing designated signators
for the Texas Community Development Block Grant Program Contract 12-484-000-6650
Round 2.2 — T. Tietjens
(d) Consider approval or other action regarding a resolution authorizing the City Manager to
sign a grant award and other documents for the Selective Traffic Enforcement Program
(STEP) grant — K. Adcox
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Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3429: AN ORDINANCE
APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER
SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALTOM TRANSPORT, INC. (4700 NEW
WEST DRIVE, BAYPORT NORTH INDUSTRIAL PARK 1), MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Leonard moved to approve the Consent Agenda, pursuant to recommendations by
staff, and adopt Ordinance 2012-3429. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays: None
Absent: None
7. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding proposed zoning ordinance amendments to allow
accessory structures without accompanying primary use within the Large Lot zoning district
— T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Mosteit commented he agrees with the Special Conditional Use Permit
(SCUP) process being looked at individually.
Councilmember Zemanek moved to allow staff to go forward with plans to take to the
Planning and Zoning Commission for a Public Hearing. Councilmember Mosteit seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays: None
Absent: None
(b) Consider approval or other action regarding Change Order No. 1 for Lomax Arena Roof
Replacement construction contract and Alternate 1 Extensions — S. Barr
Parks and Recreation Director Stephen Barr presented a summary.
Councilmember Zemanek asked Mr. Barr the cost of a brand new building. Mr. Barr
responded $550,000.00 without extensions, with the existing foundation being salvaged and
being able to be reworked. Mr. Barr also added the cost would include electrical.
Councilmember Moser commented he would like to go back to the 120-mile-per-hour wind
rating.
Mayor Rigby questioned if the public announcement system was attached to the roof. Mr.
Barr responded all speakers will be wired and put back in place.
Assistant City Attorney Clark Askins requested the original contract amount. Mr. Barr
responded $265,557.00, excluding electrical.
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Councilmember Leonard commented it would cost $537,203.00 if Council chooses to accept
the original change order. Councilmember Leonard questioned if it would be beneficial to
build a new building.
Councilmembers Clausen and Engelken commented they are in favor of rebidding the entire
project and coming up with a better plan.
Councilmember Mosteit questioned if the project could be rebid. Assistant City Attorney
Clark Askins responded the City has a binding contract and can only rebid the change
orders. Mr. Barr commented the only change presented is for the electrical.
Councilmember Engelken asked Assistant City Attorney Clark Askins if the item could be
tabled and the Legal provide Council with alternatives. Mr. Askins responded yes.
Councilmember Zemanek questioned if Civil Concepts could be requested to provide the
cost of a new building. Assistant City Attorney Clark Askins responded yes, but the project
would have to go out for rebid.
Councilmember Martin asked Parks and Recreation Director Stephen Barr if staff had a
recommendation. Mr. Barr responded staff has three recommendations: 1) rebid; 2) accept
the original Change Order No. 1 and rebid the electrical component; and 3) accept the
original Change Order No. 1 as is. Assistant City Attorney Clark Askins advised the revised
Change Order would not allow compliance with the law which states you cannot have a
change order increase the dollar amount of a contract by more than 25%.
Councilmember Moser questioned if the Change Order could be rebid to anyone. Mr. Barr
responded the Change Order has to go to the contractor the bid was awarded to. Mr. Barr
also responded it can be rebid by taking a component out of the scope of work. Assistant
City Attorney Clark Askins advised additional scope of work can be bid, and it has to be
more than 25 percent of the original contract price.
Councilmember Engelken moved to table the item, and asked the city attorney to provide
options. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays: None
Absent: None
(c) Consider approval or other action regarding an ordinance amending Chapter 42,
"Miscellaneous Offenses," of the Code of Ordinances of the City of La Porte, by prohibiting
the discharge of firearms within the city limits — K. Adcox
Police Chief Ken Adcox presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3430: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42,
"MISCELLANEOUS OFFENSES", ARTICLE II, "WEAPONS", OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THE CITY
LIMITS; PROVIDING FOR DEFENSES; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; 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
PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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August 27, 2012, City Council Meeting Minutes
Councilmember Engelken moved to approve Ordinance 2012-3430 amending Chapter 42,
"Miscellaneous Offenses," of the Code of Ordinances of the City of La Porte, by prohibiting
the discharge of firearms within the city limits. Councilmember Martin seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays: Councilmember Zemanek
Absent: None
(d) Consider approval or other action regarding Republic Services commercial rate audit — D.
Mick
Public Works Director Dave Mick presented a summary
Tim Shreve, General Manager of Republic Services, addressed Council and apologized for
billing errors. They researched back to 2009. Mr. Shreve also informed Council processes
are in place to avoid future errors, corrections were made; and business owners were
notified as suggested by Councilmember Zemanek.
Councilmember Zemanek requested Republic Services to explain the process of franchise
fees being paid to the City. Chad Readlinger, Division Controller, informed Council that
each bill has a franchise fee noted on it. At the end of the month, amounts are gathered
from the billing code, and fees are remitted to the City. Councilmember Zemanek
questioned if the City had received excess revenue from franchise fees due from overbilling
in the years 2008-2009. Tim Shreve responded yes; Republic Services can research the
fees. Councilmember Zemanek questioned what Republic Services would do to assure
business owners were no longer over charged. Mr. Shreve informed Council that Republic
Services will audit monthly to ensure commercial billing reports for customers match the rate
sheets and share the monthly audit with Council.
Councilmember Engelken questioned what internal controls are being utilized by Republic
Services as far as accounting practices in order to catch errors of this nature. Mr. Shreve
advised an independent third party auditor comes out and performs testing. Councilmember
Engelken stated it sounds like there were poor internal controls.
Councilmember Moser commented he did not feel comfortable moving forward with using
Republic Services.
Councilmember Martin questioned if the issue with commercial rates were resolved, would
Republic Services still request a cost of living adjustment. Mr. Shreve responded the
contract does allow an annual price increase.
Mayor Rigby asked whether the $16,000.00 paid to the City was a result of overbillings. Mr.
Shreve responded it was a result of over payment of franchise fees based on invoices on
account which were overbilled. Mayor Rigby asked whether Republic Services has
intentions of requesting the $16,000.00 back from the City. Mr. Shreve responded no; nor
will they request reimbursement on the $15,000.00 that was under billed to customers.
Councilmember Zemanek asked whether an account holder which is due a refund could
request that refund in the form of a check [as opposed to a credit on the account]. Mr.
Shreve responded, "Absolutely. An account holder can call and request a check refund or
request a credit balance remain on their account."
No action was taken by Council.
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August 27, 2012, City Council Meeting Minutes
(e) 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.
Mayor Rigby asked whether the governmental body representative of the Firefighters'
Pension Board has to be an employee of the city. Staff will determine whether the
representative has to be an employee of the City and advise Council.
Councilmember Engelken advised staff he was fine with the appointees in District 2.
Councilmember Engelken moved to approve reappointments to the positions listed.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Clausen, Zemanek, Mosteit, Martin and Moser
Nays: None
Absent: None
Mayor Rigby directed staff to forward applications on file for the vacant positions on the
Building Codes Appeal Board, Chapter 172 Employee Retiree and Benefits Board, Fire
Code Review Board, and Firefighters' Pension Board.
8. STAFF REPORTS
(a) Receive drainage report — J. Garza
Senior Engineer Julian Garza provided a drainage report and highlighted updates.
Mr. Garza also reported a meeting will be scheduled the first of October 2012 with City Council.
Councilmember Moser strongly advised Mr. Garza to make sure residents on Td Street are being
kept in the loop — which has been requested many times in the past — and stated they have not
been notified of the project happenings which are presently being performed on 3rd Street.
(b) Receive Delinquent Tax Report — Mayor Rigby
Assistant City Manager Traci Leach provided the Delinquent Tax Report.
Councilmember Zemanek questioned why the City of La Porte was listed three times on the report.
Assistant City Manager Traci Leach responded the City is the trustee of these delinquent
properties, which are awaiting purchase — the City is not delinquent with taxes. Councilmember
Zemanek questioned whether a church is required to pay property taxes. City Manager Corby
Alexander responded if a church building or taxable item is used in the execution of the church's
function in the course of its religious business, the church is eligible for a tax exemption; but if the
church has rental property, a tax exemption does not apply.
9. ADMINISTRATIVE REPORTS
(a) Labor Day, City Offices closed, Monday, September 3, 2012
(b) Citizens' Charter Review Advisory Commission Meeting, Tuesday, September 4, 2012
(c) City Council Meeting, Monday, September 10, 2012
(d) La Porte Development Corporation Board Meeting, Monday, September 10, 2012
(e) City Council Meeting, Monday, September 24, 2012
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In addition listings above, City Manager Corby Alexander reported he and Public Works Director
Dave Mick met with Commissioner Jack Morman's office and were notified of a "Better Streets to
Neighborhoods Program." The program will begin the first of 2013, and streets will be paved by the
county. Mr. Alexander informed that Public Works Director Dave Mick is preparing a list of streets
to be presented to City Council for review before forwarding to Harris County.
10. 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 Clausen thanked everyone for attending the meeting; Councilmember Martin
updated Council on the TML Region 14 Meeting he attended. He informed Council he has
information regarding the upcoming 2013 legislative session that will affect cities. If anyone is
interested, he will be happy to share that information. He also provided an update on Port of
Houston meeting he attended with Mayor Rigby and City Manager Corby Alexander, and he
complimented the format of the City Manager's Friday Memo; Councilmember Moser explained his
concerns and the importance of residents on 3rd Street being notified of future drainage and street
projects; Councilmember Kaminski wished Councilmember Martin a Happy Birthday and welcomed
Councilmember Mosteit back; Councilmember Leonard commented on the photo taken by City
Council earlier at the Golf Course, the great Habitat for Humanity dedication attended by Council
and wished Councilmember Martin a Happy Birthday; Councilmember Engelken complimented the
format of the City Manager's Friday Memo and likes the shirts worn by Council for the photo taken
at the Golf Course earlier; Councilmember Mosteit thanked staff and Council for everything when
he was away during his knee surgery.
11. 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 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Corby Alexander, City Manager
City Council recessed the regular meeting to convene an executive session at 7:37 p.m. to discuss
the duties of the city manager.
12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:37 p.m. No action was taken.
13. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:37 p.m.
R ;pectfully submitted,
Patrice Fogarty, Vy Se etary
Passed and 0*o n September 10, 2012.
Mayor Lquiq R. Rig
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