HomeMy WebLinkAbout2012-12-10 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
DECEMBER 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, December 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:
1. CALL TO ORDER
Mayor Rigby called the meeting to order at 6:02 p.m. Members of Council present:
Councilmembers Zemanek, Engelken, Leonard, Kaminski, Martin, Clausen and Moser. Absent:
Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Councilmember Jay Martin.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Barbara Norwine, 202 S. Lobit Street, — Ms. Norwine thanked Council for their services to the city
and wished them and their families a Merry Christmas and a Happy New Year. Ms. Norwine also
distributed homemade gingerbread and chocolate cookies to Council.
Mike Shannahan, 200 S. Virginia, addressed Council regarding improvements in parking and
traffic flow at Five Points Plaza.
John Joerns, 814 Hackberry, addressed Council regarding health care benefits for retirees.
David Darby, 10908 Bois D'Arc, with the Police Department addressed Council regarding with
concerns of costs for retiree insurance.
Martha Gillett, 2601 S. Broadway #27, addressed Council regarding concerns on rising costs for
health care benefits for retirees.
Sherman Moore, 1607 Willow View, addressed Council and advised he is one of the five retirees
affected with a significant increase in health care benefits and requested Council to review and
change the policy to reflect past practices.
5. 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 November 12, 2012 — P. Fogarty
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December 10, 2012, City Council Meeting Minutes
(b) Consider approval or other action to order a fire truck with an additional 1.5 percent cost
($6,500.00) for acquisition of safety equipment — M. Boaze
(c) Consider approval or other action amending Fiscal Year 2012 outstanding purchase
orders — M. Dolby
(d) Consider approval or other action regarding a change order for equipment
procurement and installation of Fire Station No. 1 security and access systems — M. Boaze
(e) Consider approval or other action authorizing the City Manager to sign an
Intergovernmental Agreement with Houston -Galveston Area Council (H-GAC) for a regional
DWI Task Force grant — K. Adcox
M Consider approval or other action awarding Bid # 13003 for City vehicles — D. Mick
(g) Consider approval or other action awarding Bid # 13006 for heavy trash trucks — D. Mick
Regarding Consent Item 5c, amending Fiscal Year 2012 outstanding purchase orders, City
Manager Corby Alexander clarified there is an error on the agenda request; and the General Fund
amount should reflect $30,003.22 and not $10,579.22.
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
staff. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek,
Kaminski, Clausen, Leonard, and Moser
Nays: None
Absent: Councilmember Mosteit
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission for proposed regulations allowing Accessory Structures without
Primary Structure/Use within the Large Lot district — T. Tietjens
City Council opened the public hearing at 6:22 p.m., regarding recommendations of the Planning
and Zoning Commission for proposed regulations allowing Accessory Structures without Primary
Structure/Use within the Large Lot district — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Phillip Hoot, 927 Seabreeze, addressed Council in favor of proposed regulations allowing
Accessory Structures without Primary Structure/Use within the Large Lot district.
City Council closed the public hearing at 6:25 p.m.
(b) Consider approval or other action regarding an ordinance amending Chapter 106
"Zoning" of the Code of Ordinances of the City of La Porte by allowing Accessory
Structure, Use or Building without required Principal Structure on the same property for
tracts one acre or larger and located in the Large Lot zoning district — T. Tietjens
Councilmember Zemanek moved to approve ordinance 2012-3453 amending Chapter 106 "Zoning"
of the Code of Ordinances of the City of La Porte by allowing Accessory Structure, Use or
Building without required Principal Structure on the same property for tracts one acre or larger and
located in the Large Lot zoning district. Councilmember Martin seconded. MOTION PASSED.
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December 10, 2012, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken,
Leonard, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3453 AN ORDINANCE AMENDING
CHAPTER 106 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ALLOWING
ACCESSORY STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON THE SAME
PROPERTY FOR TRACTS ONE ACRE OR LARGER AND LOCATED IN LARGE LOT ZONING DISTRICT;
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.
(c) Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial
(BI) to Light Industrial (LI) for existing facility located at 3000 North 23d Street — T. Tietjens
City Council opened the public hearing at 6:26 p.m., regarding recommendations of the Planning
and Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial
(BI) to Light Industrial (LI) for existing facility located at 3000 North 23rd Street.
Planning Director Tim Tietjens presented a summary. There were no public comments.
City Council closed the public hearing at 6:28 p.m.
(d) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning"
of the Code of Ordinances of the City of La Porte by changing the zoning classification from
Business Industrial (BI) to Light Industrial (LI) for property located at 3000 North 23`d Street
- T. Tietjens
Councilmember Moser moved to approve Ordinance 2012-3454 amending Chapter 106 "Zoning" of
the Code of Ordinances of the City of La Porte by changing the zoning classification from Business
Industrial (BI) to Light Industrial (LI) for property located at 3000 North 23rd Street. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken,
Leonard, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3454 AN ORDINANCE AMENDING
CHAPTER 106 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE
ZONING CLASSIFICATION FROM BUSINESS INDUSTRIAL (BI) TO LIGHT INDUSTRIAL (LI) FOR A 4.30 ACRES
(187,308 SQ. FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
(e) Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission to approve Rezone Request #12-92000003, from Low Density
Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood
Road — T. Tietjens
City Council opened the public hearing at 6:30 p.m., regarding recommendations of the Planning
and Zoning Commission to approve Rezone Request #12-92000003, from Low Density
Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road.
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December 10, 2012, City Council Meeting Minutes
Planning Director Tim Tietjens presented a summary.
J. B. Williamson, 820 W. Main, addressed Council on behalf of Mr. Don Giffin, Sr., owner of the
proposed property and in favor of rezoning the property.
City Council closed the public hearing at 6:35 p.m.
M Consider approval or other action regarding an ordinance amending Chapter 106
"Zoning" of the Code of Ordinances of the City of La Porte by changing the zoning
classification from Low Density Residential (R-1) to General Commercial (GC) for property
located at 3122 Underwood Road — T. Tietjens
Councilmember Leonard moved to approve ordinance 2012-3455 amending Chapter 106 "Zoning"
of the Code of Ordinances of the City of La Porte by changing the zoning classification from Low
Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood
Road. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken,
Leonard, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3455 AN ORDINANCE AMENDING
CHAPTER 106 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE
ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC) FOR A
0.663 ACRE (28,886 SQ. FT) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a) Consider approval or other action regarding an ordinance adopting an update to the
Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization
Areas, upon recommendation of the Planning and Zoning Commission — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Mayor Rigby asked, if the item is approved as presented and if, for whatever reason, Mariposa
does not build, will it restrict the use for anything else in the future? Planning Director Tim Tietjens
responded, no, the use itself is defined by the rezoning processes; and potential areas are defined
in revitalization efforts.
Councilmember Clausen moved to approve Ordinance 2012-3456 adopting an update to the
Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization Areas,
upon positive recommendation of the Planning and Zoning Commission. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken,
Leonard, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
(b) Consider approval or other action authorizing the City Manager or his designee to send a
letter of support for the proposed Mariposa at Pecan Park apartment project for senior
adults to be located along Canada Road — T. Tietjens
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December 10, 2012, City Council Meeting Minutes
Planning Director Tim Tietjens presented a summary.
Councilmember Engelken moved to authorize the City Manager or his designee to send a letter of
support for the proposed Mariposa at Pecan Park apartment project for senior adults to be located
along Canada Road. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek,
Kaminski, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the report from the Citizens' Charter Review Advisory
Commission — P. Fogarty
City Secretary Patrice Fogarty introduced Chuck Harrington, the Chairman of the Citizens' Charter
Review Advisory Commission, who provided a PowerPoint presentation and proceeded to
discuss proposed amendments to the Charter.
Councilmember Engelken moved to direct staff to move forward with ballot language for the May
Election. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek,
Kaminski, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
(b) Discussion or other action regarding health care benefits for retirees — C. Alexander
City Manager Corby Alexander presented a summary regarding health care benefits for retirees.
Mayor Rigby commented there was a great deal of information provided to Council for review, but
there has never been a definitive cost placed in the budget specifically for dependent coverage
since his employment with the City or as a Councilmember. Mayor Rigby also commented
consultants had provided Council with the cost the City would pay for dependent health care
benefits.
Councilmember Engelken commented the calculations the retirees were given should be honored
because they made a decision to retiree based on what they were told by Human Resources.
Councilmember Zemanek commented that when he reviewed information provided by the City, it
was alarming that with one offered plan, from 2007 to 2013, the employee cost went down 16
percent but when adding dependent coverage, it went from 17.22 percent of dependent coverage to
120 percent. Councilmember Zemanek also commented he had never seen dependent coverage
120 percent of primary coverage; and a he felt this is where the issues are with retirees, specifically
in the future; the numbers are not fair or accurate. Mayor Rigby asked Councilmember Zemanek if
he was referring to the cost for dependent premiums vs employee premiums. Councilmember
Zemanek responded that based on the spreadsheet provided by staff, in 2007 the 500 Plan cost for
employee was $670.00 a month, and now it is $562.00 a month; and dependent coverage for
employee and spouse in 2007 was $111.00 a month; and now it is $675.00 a month.
Councilmember Martin commented he agrees with Councilmember Engelken in that it is not fair for
the City to tell retirees the healthcare cost they were given when they retired is no longer being
honored, and the cost will be increasing. Councilmember Martin commented the City owes it to the
five affected retirees to make things right, because they made a decision to retire after seeking the
City's advice and opinion. Councilmember Martin also commented he would be interested in
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December 10, 2012, City Council Meeting Minutes
reviewing the Medical Insurance Fund for future stability and to see if there are changes Council
should be looking at. City Manager Corby Alexander responded, as discussed during the budget
process, due to the rise in health care cost, there will need to be means of identifying how the fund
will be able to sustain itself over time; but the issue being discussed is a separate issue.
Councilmember Engelken moved to direct staff to have retiree dependent health care coverage
remain the same as before "the letter went out," and based on what current employees pay for
dependent health care coverage; and if the numbers change in the future, retirees' numbers will
also change. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek,
Kaminski, Clausen, Martin and Moser
Nays: None
Absent: Councilmember Mosteit
City Manager Corby Alexander advised Council the city would communicate with all of the affected
retirees and assure they know the outcome as well as communicate with all retirees that they will
pay the active employee rate for dependent coverage.
City Attorney Clark Askins commented an ordinance to amend that chapter of the Personnel
Manual will be presented in January to provide clarification in the Manual.
(c) Discussion or other action regarding Planning Department Audit — C. Alexander
City Manager Corby Alexander introduced Consultants Alan Mueller and Ron Cox; and they
provided an update on the operational audit of the Planning Department.
Mr. Mueller discussed the Organizational Culture/Mission & Goals, and the methodology used. A
final report will be in January or February 2013. Tonight's report is an interim report; and, overall,
they are on schedule.
Mr. Cox commented it is common to focus on the negative aspects with these types of reports, but
he noted there were many positive comments provided by the focus groups, and working with staff
has been a pleasure. Staff was very receptive to the process and eager to determine areas where
customer service may be enhanced. In analysis, they separate the causes from the symptoms, and
are cautious to not rush to conclusions. They determined if there is an external negative
conception, what is the internal cause?
From a findings and observations perspective, there are Process themes and also Organizational
themes. There are quite a lot of processing steps to get from the application through final permit
issuance. Software Naviline is very cumbersome to use with not many efficiencies of process; but
there may be some fixes or alternatives to implement in order to lessen cumbersome processes.
Regarding site plan review, they heard from most customers that it is very frustrating. They did a
flow chart review on steps for a site plan review. They were able to analyze the process and
believe there are some efficiencies that can be instituted to help with this. Regarding the general
permitting process, there are many redundancies; and the Naviline system is a part of the burden.
Contractors had some great ideas on how to streamline the process, and they believe many of
these can be implemented.
Regarding Code Enforcement, what they heard was really on a policy level. There were a couple of
competing concepts — that laws should be enforced equally vs. implementing a plan to focus more
on selected hot spots.
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December 10, 2012, City Council Meeting Minutes
Another policy related issue comes about throughout the permitting process — when different
inspectors come on the job throughout the process, it may make some items have to be re -done
because one inspector finds something another inspector didn't find. It is a policy related issue as
to whether the City wants one inspector assigned to a particular job for the entire job. If that's the
case, then each inspector would need to be licensed in all disciplines, and expertly understand the
workings of all areas, such as electrical, piping, plumbing, building, etc. It is a policy issue for the
City to determine if it wishes to go that route.
He stated the focus groups were very candid, and provided very interesting perspectives. With this
in mind, they tried to determine the organizational culture of the department. They received positive
and negative comments. In the area of communications, there is a disconnect from city staff to
external customers to acquire updated information on the progress of permitting a job. There is no
software access on the web that will allow customers to get an update, and they may have to call 3
and 4 times to be connected with the proper person. All departmental staff needs to be more
communicative other external customers and those staff members affected on projects.
Councilmember Zemanek requested clarification that necessary software is not available to provide
answers to customers, and also questioned the cost of better software. Mr. Mueller responded
those are issues; he could not provide cost on software due to not specializing in computers, but
Mueller Management would be able to suggest work flow and process improvements for individuals
working with new or the existing software. Councilmember Zemanek requested clarification on the
difference of opinions of Councilmembers on economic development and the affect on the
operation of the Planning Department. Mr. Mueller responded it was the opinion of the focus group
that a better understanding of Council's economic development philosophy would be helpful to staff
to ensure Council's direction is achieved.
Mayor Rigby requested City Manager Alexander confirm the Naviline software is being utilized as
intended. He stated he would.
Councilmember Leonard commented he hopes staff has never felt they've been admonished based
on Council not always being in agreement. Councilmember Leonard believes if staff has those
feelings, they stem from Council sometimes asking tough questions and staff not always having
answers.
(d) Discussion or other action regarding amended budgets and projects for inclusion in the
upcoming quarterly budget amendment — T. Leach
Assistant City Manager Traci Leach presented a summary regarding amended budgets and
projects for inclusion in the upcoming quarterly budget amendment.
Councilmember Leonard suggested staff continue with the Lomax Arena Improvements.
Mayor Rigby questioned if the La Porte Development Corporation Board had agreed to fund Project
Nebula. City Secretary Patrice Fogarty responded yes.
Councilmember Martin questioned what would be purchased with the $1,000,000.00 for Emergency
Preparedness. City Manager Alexander responded back-up generation for Pump and Lift Stations.
Assistant City Manager Traci Leach provided the following re -cap: The La Porte Development
Corporation Board would be presented a request for additional funding for the Lomax Arena
Improvements; staff would begin preliminary assessments for restoration of the First African
American School; staff will incorporate the generator list into the budget; and then Council may wish
to later discuss restoration efforts on the BATTLESHIP TEXAS.
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9. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• Christmas Holidays, Monday, December 24, 2012, and Tuesday, December 25, 2012
• City Council Meeting, Monday, January 14, 2013
• Fiscal Affairs Committee Meeting, Monday, January 21, 2013
• City Council Meeting, Monday, January 28, 2013
• Utility billing kiosk
City Manager Corby Alexander provided Administrative Reports.
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 Engelken, Mosteit, Clausen, Martin, Moser,
Kaminski, Zemanek, Leonard, and Mayor Rigby.
Councilmembers Engelken, Leonard, Clausen and Kaminski wished everyone a Merry Christmas
and a Happy New Year; Councilmember Clausen expressed appreciation to the Citizens' Charter
Review Advisory Commission; Councilmember Martin recognized city employees and firefighters
that received service awards and expressed appreciation to the Citizens' Charter Review Advisory
Commission; Councilmember Moser shared the news of the passing of Ms. Rita Zabrowski;
Councilmember Zemanek wished everyone a Happy Holiday Season, requested Council bring back
a resolution in opposition of the Heavy Haul Corridor and shared the tragic news of the loss of
Patrol Officer Jeff Tippitt's son and requested his family be remembered in everyone's prayers; and
Mayor Rigby commented Christmas on Main Street was well attended, and it gets larger every
year; he attended the Port of Houston Meeting, and the Norwegian Cruise Line looks positive for
the City; he attended a meeting at the Economic Alliance and spoke to Commissioner Morman's
Chief of Staff Dave Walden and was informed the widening of Sens Road will be going out for bids
in six weeks with the four -lane curb and gutter widening Council recommended and a possibility of
there being enough money to complete the project with federal funds used for evacuation routes.
Mayor Rigby recognized City Secretary Patrice Fogarty on the honor of an educational scholarship
(Patrice Fogarty Athenian Dialogue Scholarship) being named after her.
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, including, but not limited to the following:
Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or
value of real property: Discussion regarding former Parks and Wildlife Building and adjoining lots.
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 8:16 p.m. to discuss
former Parks and Wildlife Building and adjoining lots; and the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City
Manager.
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December 10, 2012, City Council Meeting Minutes
12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:54 p.m. Council directed staff to seek appraisal values for
former Parks and Wildlife Building and adjoining lots and bring back to Council.
13. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
8:55 p.m.
Respectfully submitted,
Patrice Fogarty, Cit cretary
Passeq/" approved on January 14, 2013.
ayot Louis
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December 10, 2012, City Council Meeting Minutes