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HomeMy WebLinkAbout2013-01-28 Regular Meeting of La Porte City Council minutesLOUIS RIGBY Mayor JOHN ZEMANEK Mayor Pro Tern 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 JANUARY 28, 2013 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, January 28, 2013, 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, Kaminski, Martin, Leonard and Moser. Councilmember Clausen was absent. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Mayor Rigby. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Presentation — 2012 Comprehensive Annual Finance Report — Mayor Rigby Mayor Rigby recognized and honored Finance Director Michael Dolby and staff for being awarded with the Certificate of Achievement for excellence in Financial Reporting. (b) Recognition — Retirement of George Mahlstedt (Fire Department) — Mayor Rigby Mayor Rigby recognized the retirement of George Mahlstedt with twenty-four years of service in Fire Department. (c) Recognition — "Manager of the Year" Shelley Wolny (Finance Department) — Mayor Rigby Mayor Rigby recognized and honored Shelley Wolny as "Manager of the Year." (d) Recognition — "Nominee for Manager of the Year" Shamarian Bradley (Police Department) Mayor Rigby recognized Shamarian Bradley for the nomination and runner up for "Manager of the Year." (e) Recognition — "Employee of the Year" Tammy Adams (Police Department) — Mayor Rigby Mayor Rigby recognized and honored Tammy Adams as "Employee of the Year." M Recognition — "Employee of the (Fourth) Quarter" Sonya Cates (Municipal Court) — Mayor Rigby Page 1 of 6 January 28, 2013, City Council Meeting Minutes Mayor Rigby recognized and honored Sonya Cates as "Employee of the (Fourth) Quarter." 5. PUBLIC COMMENTS (Limited to five minutes per person.) Bob Roy, CenterPoint Representative, 333 Ward Rd., Baytown, Texas — Mr. Roy made strong comments thanking Public Works Director Dave Mick for the excellent job working with CenterPoint on a Right -of -Way Ordinance and a Utility Permit Process for the City of La Porte. 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 January 14, 2013 — P. Fogarty (b) Consider approval or other action regarding an Ordinance calling the 2013 General Election of the City of La Porte, Texas for May 11, 2013, providing for a joint election with the La Porte Independent School District and San Jacinto College District, and calling a run-off election, if necessary, for June 8, 2013 — P. Fogarty (c) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2012-2013 Budget — M. Dolby (d) Consider approval or other action awarding Bid # 13010 for chemicals and fertilizer — A. Osmond (e) Consider approval or other action awarding Bid # 13008 for golf course equipment — D. Mick (f) Consider approval or other action regarding a Resolution stating the City of La Porte's position on the issue of State Park funding and local grants to municipalities — S. Barr (g) Consider approval or other action regarding an agreement with Main Properties to provide broker services for the sale of 105 San Jacinto and adjacent properties — T. Leach Regarding Consent Item 6b, Assistant City Attorney Clark Askins read the caption of Ordinance 3462: AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Consent Item 6c, Assistant City Attorney Clark Askins read the caption of Ordinance 3463: AN ORDINANCE APPROVING AN AMENDMENT TO 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. Regarding Consent Item 6f, Assistant City Attorney Clark Askins read the caption of Resolution 2013-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SUPPORTING ANY LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT Page 2 of 6 January 28, 2013, City Council Meeting Minutes PROGRAMS, AND DTHE TEXAS STATE PARK SYSTEM; 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. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek, Kaminski, Leonard, Mosteit, and Moser Nays: None Absent: Councilmember Clausen 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action amending Chapter 50, of the Code of Ordinances of the City of La Porte to include annual family membership option for city golf course — A. Osmond Golf Course Manager Alex Osmond presented a summary. Assistant City Attorney Clark Askins read the caption of Ordinance 3464: AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION," ARTICLE II "GOLF COURSE" APPENDIX -A "FEES," AND SECTION 50-37 `ANNUAL MEMBERSHIPS," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABLIITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Leonard moved to approve Ordinance 3464 amending Chapter 50, of the Code of Ordinances of the City of La Porte to include an annual family membership option for the City golf course. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Leonard, Mosteit, Martin and Moser Nays: None Absent: Councilmember Clausen 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding City smoking regulations — D. Wilmore Building Official Debbie Wilmore presented a summary regarding City smoking regulations. Mayor Rigby commented prior to presenting the proposed ordinance, it should have been forwarded to the Fire Marshal's Office for input since that office would be responsible for enforcing such an ordinance. In addition, Mayor Rigby commented he read a bill has been filed during the current legislative session that prohibits smoking in public places statewide; and if the bill passes, it could preclude cities from enforcing such ordinances. Therefore, he would prefer to wait and see the outcome of the legislators. Councilmember Leonard commented he had received requests from citizens and business owners wishing for Council to move forward with an ordinances prohibiting smoking in public places, and he would like to move forward. Council directed staff to address any concerns of the Fire Marshal's Office and incorporate that input and bring the item back as a workshop item and for action, if desired. (b) Discussion or other action regarding Right -of -Way Ordinance and Utility Permit Process for the City of La Porte — D. Mick Page 3 of 6 January 28, 2013, City Council Meeting Minutes Public Works Director Dave Mick presented a summary regarding a Right -of -Way Ordinance and Utility Permit Process for the City of La Porte. Councilmember Zemanek moved to approve the Right -of -Way Ordinance and Utility Permit Process for the City of La Porte, but then withdrew his motion due to questions from Councilmember Moser. Councilmember Moser questioned if certain projects would need to submit drawings to Public Works Director Dave Mick for approval. Mr. Mick responded the only time drawings or permits would be required are when there are large projects or large extensions, but not for existing lines or power drops. Councilmember Mosteit commented the City should remind CenterPoint of critical needs during major power outages and restoration projects. Mayor Rigby questioned if the proposed ordinance was a new ordinance or a revision to an existing ordinance. Public Works Director Dave Mick responded it is a new ordinance. Assistant City Attorney Clark Askins read the caption of Ordinance 3465: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING REGULATIONS FOR MANAGEMENT OF PUBLIC RIGHTS -OF -WAY IN THE CITY LIMITS; CONTAINING 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 FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Councilmember Zemanek moved to adopt Ordinance 3465. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Leonard, Mosteit, Martin and Moser Nays: None Abstain: Councilmember Engelken Absent: Councilmember Clausen (c) Discussion or other action regarding a Five -Year Strategic Plan of the City of La Porte — C. Alexander City Manager Corby Alexander presented a summary regarding the proposed Five -Year Strategic Plan of the City of La Porte. Council directed City Manager Corby Alexander to move forward with the proposed Five -Year Strategic Plan of the City of La Porte. Mr. Alexander read the new mission statement for the City of La Porte. (d) Discussion or other action regarding new Animal Shelter — K. Adcox Police Chief Ken Adcox and Martha Seng from Jackson & Ryan presented a summary regarding the new Animal Shelter. Council directed staff to move forward with what was presented. Page 4 of 6 January 28, 2013, City Council Meeting Minutes 9. REPORTS (a) Receive report of La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board in addition to informing Council the La Porte Development Corporation Board agreed to fund up to $570,000.00 for Lomax Park and Arena Improvements. (b) Receive Delinquent Tax Report — Mayor Rigby No action was taken; item for information only. 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • La Porte Development Corporation Board Meeting, Monday, February 11, 2013 • City Council Meeting, Monday, February 11, 2013 • Special City Council Meeting, Monday, February 18, 2013 • City Council Meeting, Monday, February 25, 2013 City Manager Corby Alexander provided Administrative Reports and informed Council staff had made contact with the owner of Windsail Apartments and legal representative regarding the complaints tenants of the apartment complex had made and an inspection of the complex had been made. Mr. Alexander advised that staff would provide updates of the complex as progress is made. 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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby. Councilmember Martin commented he attended the La Porte Chamber of Commerce Banquet and congratulated Ms. Jeannie Zemanek on her well deserved "Volunteer of the Year" award and his son Jeffrey's installation as Chairman of the La Porte Chamber of Commerce; and his wishes to discuss street repairs to prioritize and seek additional funding for repairs; Councilmembers Moser, Kaminski, Leonard and Mosteit congratulated and thanked all of the employees recognized during the meeting. Mayor Rigby thanked Finance Director Michael Dolby and staff for the 2012 Comprehensive Annual Finance Report and encouraged all City employees to keep up the good work. 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 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 7:31 p.m. to discuss 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. Page 5 of 6 January 28, 2013, City Council Meeting Minutes The regular meeting was reconvened at 8:42 p.m. Council agreed to a 3% increase for City Manager Corby Alexander effective January 2, 2013, and will thereafter perform annual evaluations. 14. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:43 p.m. Mayor Rigby seconded. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Patrice Fogarty, Ci ecreta Passed ay(dpprRved on February 11, 2013. ayor 4ouis R. Frig Page 6 of 6 January 28, 2013, City Council Meeting Minutes