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Home My WebLink About2012-09-24 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 24, 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, September 24, 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, Engelken, Mosteit, Martin, Kaminski, Clausen 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 Leonard was absent. 2. 3. 4. 5. INVOCATION - The invocation was given by Rev. Brian Christen, La Porte Community Church. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation — "Airport Appreciation Month" — Mayor Rigby Mayor Rigby presented the "Airport Appreciation Month" proclamation to Gideon Jones. PUBLIC COMMENTS (Limited to five minutes per person.) Larry Haller, 122 S. 171h, addressed Council in favor of amendments to construction requirements for dust free surfaces. Charles Childress, #1 Bellchase Gardens, Beaumont, TX, addressed Council in favor of Item 7c, reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00. Phillip Hoot, 927 Seabreeze, addressed Council opposed to Item 7c, reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00 due to the environmental impact adding fill dirt to a property may cause. Mr. Hoot also addressed Council opposed to Item 8a, possible amendments to construction requirements for dust free surfaces due to the item not being discussed by the Planning and Zoning Commission prior to being considered by Council. Mark Follis, 831 S. 7th, addressed Council regarding Item 7c, reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00. He believes there should be a cap on permit fees paid for a fill dirt permit. In addition, Mr. Follis addressed Council concerning Item 8a, possible amendments to construction requirements for dust free surfaces, and advised Council he was not sure of the definition of a dust free surface and felt the item should be discussed by the Planning and Zoning Commission prior to being considered by Council. Page 1 of 7 September 24, 2012, City Council Meeting Minutes 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 September 10, 2012 — P. Fogarty (b) Consider approval or other action regarding an Interlocal Agreement between Harris County Transit Authority and the City of La Porte for local bus service through October 31, 2013 — T. Leach (c) Consider approval or other action authorizing the City Manager to execute a Land Lease Agreement with Trees for Houston — S. Barr (d) Consider approval or other action regarding an ordinance authorizing the City Manager to execute a Water Service and Sanitary Sewer Service Agreement with Vigavi Realty LLC., at 11804 Fairmont Parkway, in the Bayport Industrial District — T. Tietjens (e) Consider approval or other action regarding an agreement with AT&T for Hosted Exchange services utilizing DIR Contract No. DIR-SDD-646 — J. Suggs (f) Consider approval or other action authorizing the City Manager to execute the First Amendment to Interlocal Agreement with Harris County for the use of Harris County's Public Safety Radio System — K. Adcox (g) Consider approval or other action amending a Resolution that discloses the authority to commit fund balances and set a reserve policy and commit funds for current capital projects — M. Dolby (h) Consider approval or other action regarding an ordinance amending the City of La Porte Development Ordinance by capping fill dirt permit fees for project sites — T. Tietjens Regarding Consent Item 6g, Mayor Rigby removed the item for voting separately. Regarding Consent Item 6d, Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3435: AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND VIGAVI REALTY, LLC (11804 FAIRMONT PARKWAY, BAYPORT INDUSTRIAL DISTRICT), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Consent Item 6f, Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3436: AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, RELATING TO PAYMENT TERMS FOR THE USE OF THE HARRIS COUNTY PUBLIC SAFETY RADIO SYSTEM, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve Consent Agenda Items a-f and h, pursuant to recommendations by staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard Page 2 of 7 September 24, 2012, City Council Meeting Minutes Councilmember Engelken moved to approve Consent Agenda Item G, with an amendment in the body of the Resolution to show adoption is by a majority and not by resolution. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard Regarding Consent Item 6g, Assistant City Attorney Clark Askins read the caption of Resolution 2012-10: A RESOLUTION OF THE CITY OF LA PORTE, TEXAS ESTABLISHING FUND BALANCE POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF. 7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the City Manager to execute a professional services agreement with Mueller Management for the Planning Department audit — T. Leach Assistant City Manager Traci Leach presented a summary. Alan Mueller and Ron Cox were in attendance at the meeting and provided brief comments. This audit will entail analyzing development processes and City management of those processes. There will be input from the public sector, as well as from developers. Councilmember Engelken moved to authorize the City Manager to execute a professional services agreement with Mueller Management for a Planning Department audit. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard At this time Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3437, which was adopted under Consent Item 6h, as reading the caption was inadvertently overlooked at the time. AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, AS ESTABLISHED IN LA PORTE ORDINANCE NO. 1444-A, AND AS AMENDED, REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINDED IN A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Consider approval or other action authorizing the Parks and Recreation Director to execute an agreement with Robin and Leticia Rollins for continued operation of a Vendor's Market at Five Points Plaza — S. Barr Parks and Recreation Director Stephen Barr presented a summary. Page 3 of 7 September 24, 2012, City Council Meeting Minutes Councilmember Martin moved to authorize the Parks and Recreation Director to execute an agreement with Robin and Leticia Rollins for continued operation of a Vendor's Market at Five Points Plaza. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (c) Consider approval or other action reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00 — T. Tietjens Planning Director Tim Tietjens presented a summary. Councilmember Martin moved to reimburse permit fees paid by La Porte Real Properties in the amount of $24, 587.00. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit and Martin Nays: Councilmember Moser Absent: Councilmember Leonard (d) Consider approval or other action regarding proposed Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association — K. Adcox Chief of Police Ken Adcox presented a summary. Councilmember Engelken moved to approve the Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (e) Discussion or other action regarding comprehensive street evaluation — D. Pennell Assistant Public Works Director Don Pennell presented a summary. Councilmember Moser questioned the process for repair of roads after the rating. Assistant Public Works Director Don Pennell responded after the rating of the worst roads, there will need to be a condition assessment and re-evaluation the base and sub -grade. City Manager Corby Alexander commented after the ratings are presented to Council for review, staff will need direction from Council on an approach for moving forward. Councilmember Zemanek questioned if when the evaluation is being performed will Council be advised why the streets failed during the rating. Assistant Public Works Director Don Pennell responded Council will be advised if there is base failure on the roads but not the severity of the base failure. Councilmember Engelken questioned how many City streets vs. the streets in the county will be evaluated. Assistant Public Works Director Don Pennell responded all 125 miles of streets will be evaluated. Page 4 of 7 September 24, 2012, City Council Meeting Minutes Councilmember Moser moved to authorize the City Manager to execute a professional services agreement with HDR Engineering Inc., in the amount of $28,670.00 to be funded from the Street Tax (Fund 033) reserve balance. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding possible amendments to construction requirements for dust free surfaces — T. Tietjens Planning Director Tim Tietjens presented a very brief summary and advised the item was being presented to Council in order to receive general direction. Councilmember Engelken moved to send this item to the Planning and Zoning Commission for their consideration and recommendation of amendments, if any, to construction requirements for dust free surfaces prior to coming back to Council. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (b) Discussion or other action regarding ordinance establishing guidelines for travel and business expenses by City Council members when attending educational meetings — Mayor Rigby Mayor Rigby presented this item for consideration by Council for any questions or suggested changes. Council expressed no comments and posed no amendments to this ordinance which establishes guidelines for travel and business expenses by City Council members when attending educational meetings. (c) Discussion or other action regarding letter of support for the Port of Houston Sunset Advisory Commission — Mayor Rigby Mayor Rigby presented a summary. Councilmember Martin moved to send a letter of support for the Port of Houston Sunset Advisory Commission. Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (d) Discussion or other action regarding vote for nominees for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees — P. Fogarty Page 5 of 7 September 24, 2012, City Council Meeting Minutes City Secretary Patrice Fogarty presented this item with suggestions for candidates on whom Council may wish to vote. Councilmember Clausen moved to cast the City's vote for Greg Ingham, Place 11, Larry Gilley, Place 12, Byron Black, Place 13 and Michael S. Nyren, Place 14, for TML-IRP Board of Trustees. Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (e) Discussion or other action appointing members to various boards, commissions and committees — P. Fogarty City Secretary Patrice Fogarty presented this item by asking Council if there were any nominations for the vacancy on the Building Codes Appeals Board and for the Governmental Body's Representative on the Firefighter's Pension Board. Councilmember Zemanek moved appoint Lindsay Pfeiffer, to Position 4, on the Building Codes Appeals Board and John Kling, as the Governmental Body Representative on the Firefighter's Pension Board. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard 9. STAFF REPORTS (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report from the Fiscal Affairs Committee meeting which took place prior to the council meeting. (b) Receive Delinquent Tax Report — Mayor Rigby There were no questions from Council. 10. ADMINISTRATIVE REPORTS (a) Citizens Charter Review Advisory Commission Meeting, Tuesday, September 25, 2012 (b) Salute to Industry Golf Tournament, Wednesday, October 3, 2012 (c) Salute to Industry Dinner, Thursday, October 4, 2012 (d) City Council Meeting, Monday, October 8, 2012 (e) City Council Meeting, Monday October 22, 2012 City Manager Corby Alexander advised Council that staff will soon be advising of any deficiencies that need to be addressed due to a natural disaster, and he thanked the La Porte Police Officers' Association for working hard and reaching an agreement for the upcoming year. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. Page 6 of 7 September 24, 2012, City Council Meeting Minutes Councilmember Moser expressed his thanks to Habitat for Humanity for assisting citizens in the community; Councilmember Zemanek welcomed Councilmember Kaminski back after being ill; Councilmember Mosteit congratulated the La Porte Police Officers' Association on their agreement and congratulated the recipients of the "Airport Appreciation Month" proclamation; Councilmember Martin thanked La Porte High School students for attending the meeting; and Mayor Rigby expressed his desire to see a large attendance at the Second Annual La Porte Airplane and Auto Show on October 6. He also informed Council he had been advised by State Representative Wayne Smith that he will support Council if they do not favor a heavy haul corridor. 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, including, but not limited to, the following: Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated Litigation — State vs. Port of Houston - Sound Mediation Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated Litigation — Tammy Cooper vs. City of La Porte 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 7:03 p.m. to discuss the State vs. Port of Houston — Sound Mediation; Tammy Cooper vs. City of La Porte; and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager. 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 7:56 p.m. Mayor Rigby commented the item State vs. Port of Houston - Sound Mediation had been postponed until the next meeting due to additional pending information; regarding the item Tammy Cooper vs. City of La Porte, information was received from the Texas Municipal League -appointed attorney; and there were no comments or Council action regarding the item on City Manager Corby Alexander. 14. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 7:58 p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY. R ectfully submitted, &M4 & -Aq4A :tAi Patrice Fogarty, C' ecreta Passed an p r don ctober 8, 2012. May r Lo is R. i by Page 7 of 7 September 24, 2012, City Council Meeting Minutes