HomeMy WebLinkAbout2012-09-10 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
SEPTEMBER 10, 2012
DARYLLEONARD
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, September 10, 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 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. Councilmember Engelken was absent.
2. INVOCATION - The invocation was given by Michael Thannisch, Congregation Benim Avraham.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation — "La Porte Alzheimer's Action Day" — Mayor Rigby
Mayor Rigby presented the "La Porte Alzheimer's Action Day" proclamation to Kristen Lee and
Karen Young from the Alzheimer's Association Houston & Southeast Texas Chapter.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council with comments regarding property taxes.
Charles Childress, #1 Bellchase Gardens, Beaumont, TX., addressed Council in favor of agenda
Item 9a and hopes Council votes in favor of staffs' recommendations. In addition, he requested a
refund for his fill dirt permit.
Gideon Jones, 10403 Quiet Hill, addressed Council regarding the La Porte Airplane and Auto Show
on October 6, 2012, and extended invitations to the entire community, in addition to providing
information regarding proceeds from the event.
Larry Haller, 122 S. 17th, addressed Council with concerns of dust control issues at a container
storage yard. Mr. Haller informed Council it was his fourth time addressing them with his concerns
and expressed the need to know when the issue would be resolved.
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 City Council meeting
held on August 27, 2012 — P. Fogarty
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(b) Consider approval or other action awarding Request For Proposal #12506 for grounds
maintenance services at various sites throughout the City of La Porte — S. Barr
(c) Consider approval or other action regarding Foreign Trade Zone letter of non -objection and
inventory tax agreement between Gulf Winds International, Inc., and the City of La Porte —
S. Osborne
Regarding Consent Item B, Councilmember Zemanek questioned if Camp's Landscape Services
was the lowest bidder. Parks and Recreation Director Stephen Barr responded the grounds
maintenance services was not a bid; it was a Request for Proposal, and the best choice was based
on cost, ability to meet specifications with equipment, and prior service and experience.
Councilmember Zemanek asked if Camp's Landscape Services was presently employed with the
City. Mr. Barr informed that the City currently has two contracts, one with Camp's Landscape
Services and the other with Ground Star, Inc.
Councilmember Zemanek requested voting separately on Consent Item B.
Councilmember Leonard moved to approve Consent Agenda Items A and C, pursuant to
recommendations by staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Zemanek,
Clausen, Mosteit, Martin and Moser
Nays: None
Absent: Councilmember Engelken
Councilmember Clausen moved to approve Consent Agenda Item B, pursuant to recommendations
by staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Martin and
Moser
Nays: Councilmembers Zemanek, Leonard, and Kaminski
Absent: Councilmember Engelken
7. PUBLIC HEARING AND ASSOCIATED MATTERS
(a) Public Hearing to receive comments regarding the City of La Porte's Fiscal Year 2012-2013
Proposed Budget — M. Dolby
The public hearing was opened at 6:23 p.m. regarding the City of La Porte's Fiscal Year 2012-2013
Proposed Budget.
Finance Director Michael Dolby presented an overview and PowerPoint presentation.
Councilmember Zemanek questioned the increase in cost for mowing the airport. Public Works
Director Dave Mick responded the increase was due to lease fees. Councilmember Zemanek
requested the annual cost of mowing the airport facility. Mr. Mick responded $35,000.00 —
$36,000.00.
Councilmember Martin commented he would like to see more revenue for repairing city streets.
Councilmember Moser questioned the amount in unrestricted funds. Finance Director Michael
Dolby responded $60,000,000.00.
Mayor Rigby asked Finance Director Michael Dolby if the Fiscal Policy for the Utility Fund should be
updated and show 90-120 days instead of 60-90 days. Mr. Dolby responded yes, good suggestion.
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September 10, 2012, City Council Meeting Minutes
Chuck Rosa, 812 S. Virginia, addressed Council and commented he would rather see less street
repairs and more money for employees.
Phillip Hoot, 927 Seabreeze, addressed Council and complimented City staff on the budget,
commented the elimination of a sanitation worker position could be a mistake since the City is short
of sanitation workers, the Golf Course counts for two percent of revenue, but four percent of costs,
and expressed concerns of property tax increases.
The public hearing was closed at 7:12 p.m.
Councilmember Zemanek questioned if voting in favor of the proposed budget would include an
increase to employees for medical benefits. Mayor Rigby responded that is correct.
Mayor Rigby commented the tax rate has not been raised in 24 years; the amount of tax increases
seen by citizens over the years is due to property valuations set by the Harris County Appraisal
District; the actually City tax rate has been consistent for the past 24 years.
(b) Consider approval or other action regarding an ordinance approving and adopting the City
of La Porte's Fiscal Year 2012-2013 Proposed Budget — M. Dolby
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3431: AN ORDINANCE
APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD
OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Clausen moved to approve the City of La Porte's Fiscal Year 2012-2013 Budget.
Councilmember Mosteit seconded. MOTION FAILED.
Ayes: Mayor Rigby, Councilmembers Martin, Mosteit and Clausen
Nays: Councilmembers Leonard, Zemanek, Kaminski and
Moser
Absent: Councilmember Engelken
Councilmember Leonard commented he proposes not to raise health care contributions paid by
employees.
Mayor Rigby commented the Chapter 172 Employee, Retiree Insurance & Benefit Board studied
the increase on more than one occasion, recommended an increase to Council more than on one
occasion, the increase was discussed extensively during the budget process, and now the
increases are being rejected. Councilmember Leonard responded yes to Mayor Rigby's comment.
Councilmember Leonard moved to amend the City of La Porte's Fiscal Year 2012-2013 Budget with
no increase in employee insurance rates and with no other changes to the proposed budget.
City Manager Corby Alexander commented part of the budget presentation includes increases and
decreases on the employees' side. Councilmember Leonard commented he did not recall a
decrease in the PP0500 Plan but did recall premiums increasing.
Mayor Rigby asked if the motion was to revert back without increases to employees.
City Manager Corby Alexander asked Council if staff was being directed to keep employees
contributions the same as the past.
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September 10, 2012, City Council Meeting Minutes
Councilmember Leonard moved to amend the proposed City of La Porte's Fiscal Year 2012-2013
Budget with employee portion of the insurance plan to remain as it is currently. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Zemanek, Mosteit, Moser and
Kaminski
Nays: Mayor Rigby, Councilmembers Martin and Clausen
Absent: Councilmember Engelken
Assistant City Attorney Clark Askins again read the caption of Ordinance 2012-3431: AN ORDINANCE
APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD
OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. ORDINANCES/RESOLUTIONS
(a) Consider approval or other action regarding a resolution adopting the 2012 Appraisal Roll of
the Harris County Appraisal District — M. Dolby
Finance Director Michael Dolby presented a summary.
Assistant City Attorney Clark Askins read the caption of Resolution 2012-09: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2012 APPRAISAL ROLL OF THE
HARRIS COUNTY APPRAISAL DISTRICT.
Councilmember Clausen moved to approve Resolution 2012-09 adopting the 2012 Appraisal Roll of
the Harris County Appraisal District. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin,
Mosteit, Zemanek, Clausen, and Moser
Nays: None
Absent: Councilmember Engelken
(b) Consider approval or other action regarding an ordinance establishing the tax rate for the
current tax year for a total tax rate of $.71 per hundred -dollar valuation — M. Dolby
Finance Director Michael Dolby presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3432: AN ORDINANCE LEVYING
TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF
LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT
OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FIDNING THAT ALL REQUIRED NOTICES
HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE,
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Leonard moved to approve Ordinance 2012-3432 establishing the tax rate for the
current tax year for a total tax rate of $.71 per hundred -dollar valuation. Councilmember Clausen
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin,
Mosteit, Zemanek, Clausen, and Moser
Nays: None
Absent: Councilmember Engelken
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September 10, 2012, City Council Meeting Minutes
(c) Consider approval or other action regarding an ordinance establishing the La Porte
Municipal Court as the "Municipal Court of Record in the City of La Porte, Texas," effective
October 1, 2012, and an ordinance appointing a Presiding Judge and Alternate Judges to
four-year terms — D. Mitrano
Municipal Judge Denise Mitrano presented a summary.
Councilmember Zemanek moved to approve Ordinance 2012-3433 establishing the La Porte
Municipal Court as the "Municipal Court of Record in the City of La Porte, Texas," effective
October 1, 2012. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin,
Mosteit, Zemanek, Clausen, and Moser
Nays: None
Absent: Councilmember Engelken
Councilmember Moser moved to approve Ordinance 2012-3434 appointing a Presiding Judge and
Alternate Judges for the Municipal Court of Record in the City of La Porte for a term of four years.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin,
Mosteit, Zemanek, Clausen, and Moser
Nays: None
Absent: Councilmember Engelken
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3433: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAPORTE AMENDING CHAPTER 46, "MUNICIPAL COURT," OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ESTABLISHING THE LA PORTE MUNICIPAL
COURT AS A COURT OF RECORD, CONTAINING A REPEALING CLAUSE, CONTAINING A
SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3434: AN ORDINANCE
APPPOINTING A PRESIDING JUDGE AND ALTERNATE JUDGES FOR THE MUNCIPAL COURT OF
RECORD IN THE CITY OF LA PORTE, FOR A TERM OF FOUR YEARS; PROVIDING A SEVERABILITY
CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the fill dirt permit requirements within Development
Ordinance 1444 and/or associated policies — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Mr. Tietjens asked Council if they would like to provide the same inclusion in the ordinance for a
parking lot as for a building footprint.
Councilmember Leonard questioned if staff had compared the City of La Porte's ordinance to other
neighboring cities' ordinances to determine if it was the same or different. Mr. Tietjens responded a
formal survey had not been done.
Councilmember Mosteit questioned if requirements for detention was the same for sand fill permits.
Mr. Tietjens responded the detention rules do not apply east of State Highway 146, and detention is
being performed by La Porte Real Property on the west end of the track.
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Councilmember Martin commented he would be in favor of keeping the two separate ordinances
and would recommend staff consider putting a limit on the fees between $3,000.00 - $5,000.00.
Council directed staff to bring back an ordinance for consideration with a fee limited at $5,000.00.
(b) Discussion or other action regarding vote for nominees for the Texas Municipal League
Intergovernmental Risk Pool Board of Trustees — P. Fogarty
City Secretary Patrice Fogarty presented a summary. Council directed staff to evaluate the
nominees and bring this item back to Council for consideration at the next Council meeting.
(c) Discussion or other action appointing members to various boards, commissions and
committees — P. Fogarty
City Secretary Patrice Fogarty presented a summary. Mayor Rigby wondered aloud if there is a
need for the Chapter 172 Employee, Retiree Insurance & Benefit Board if their recommendations
are going to be disregarded. Councilmember Clausen commented he is in agreement with the
comment.
Councilmember Zemanek responded City Council has the final say over recommendations by the
Chapter 172 Board.
Councilmember Leonard moved to appoint Robert Eldridge to Alternate Position 2 on the Chapter
172 Employee, Retiree Insurance & Benefit Board. Councilmember Moser seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin,
Mosteit, Zemanek, Clausen, and Moser
Nays: None
Absent: Councilmember Engelken
10. STAFF REPORTS
(a) Receive Hurricane Season Report from Emergency Management Coordinator — J. Suggs
Emergency Management Coordinator Jeff Suggs gave a comprehensive presentation regarding the
City's state of preparedness. He stated OEM has identified additional opportunities for
improvement:
• Additional generators
• PD cell site
• Securing City buildings
11. ADMINISTRATIVE REPORTS
(a) Chamber of Commerce Annual Steak Cookout, Thursday, September 13, 2012
(b) Health & Safety Fair, Saturday, September 22, 2012
(c) Fiscal Affairs Committee Meeting, Monday, September 24, 2012
(d) City Council Meeting, Monday, September 24, 2012
City Manager Corby Alexander added Requests for Proposals (RFPs) have been sent out for the
Planning Audit, and staff will have a recommendation at the September 24th Council Meeting.
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.
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Councilmember Martin thanked Emergency Management Coordinator Jeff Suggs for his
presentation; Councilmembers Moser and Kaminski thanked Finance Director Michael Dolby and
his staff for the budget presentation and Emergency Management Coordinator Jeff Suggs for his
presentation; Councilmember Zemanek thanked Emergency Management Coordinator Jeff Suggs
for his presentation, commented he is looking forward to a report from Public Works Director Dave
Mick, commented on the Ribbon Cutting for Sylvan Beach Pavilion he attended and reminded
everyone of the anniversary of September 11th; Councilmember Leonard congratulated the
recipients of the proclamation presented and thanked Finance Director Michael Dolby and
Emergency Management Coordinator Jeff Suggs for their presentations; Councilmember Mosteit
thanked staff for their presentations, commented he has concerns about the amendment to the
budget in regards to medical insurance and that Council and employees eventually will have to
make some adjustments in the future; Councilmember Clausen also thanked Finance Director
Michael Dolby and Emergency Management Coordinator Jeff Suggs for their presentations and
commented the vote on the amended budget was not encouraging to members of the Chapter 172
Employee, Retiree Insurance & Benefit Board; and he felt they were not given direction by Council
not to increase insurance for employees, and the employees will feel the impact later; Mayor Rigby
directed staff to provide Council a report on what is being done to assist Mr. Haller with his concern
on 17 th Street and commented the budget presented tonight had been discussed during the April
Council Retreat, the Chapter 172 Employee, Retiree Insurance & Benefit Board had presented
items to Council on two separate occasions, a presentation was presented during the Budget
Meetings, and Finance Director Michael Dolby has advised Council for years that something needs
to be done; and the recommendations were a good step toward getting the health fund issues
resolved.
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.
14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
There was no executive session held.
15. ADJOURN
There being no further business, Councilmember Mosteit moved to adjourn the meeting at 8:52
p. M.
R pectfully submitted,
Patrice Fogarty, Secr ary
Passed and 4)Y4 on September 24, 2012.
Mayortl�ouiq RR Rig
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September 10, 2012, City Council Meeting Minutes