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HomeMy WebLinkAbout2013-05-13 Regular Meeting of La Porte City Council minutesLOUIS RIGBY OF A DARYL LEONARD Mayor O Councilmember District JOHN ZEMANEK !. TOMMY MOSER Mayor Pro Tem v M Councilmember District Councilmember Al Large A JAY MARTIN DOTTIE KAMINSKI Councilmember At Large B Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Co Councilmember District 1 Councilmember DISIlILt 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MAY 13, 2013 The City Council of the City of La Porte met in a regular meeting on Monday, May 13, 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 Engelken, Kaminski, Mosteit, Clausen, Leonard, Martin and Moser. Absent: Councilmember Zemanek. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Don Hill, La Porte Inter Church Council. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Recognition — Retirement of Susan Cream (Purchasing Manager) — Mayor Rigby Mayor Rigby recognized the retirement of Susan Cream. (b) Recognition — Retirement of Stanley (Stan) Minor (Utilities Supervisor) — Mayor Rigby Mayor Rigby recognized the retirement of Stanley (Stan) Minor. (c) Recognition — "Employee of the (First) Quarter" Pam Kroupa (Industrial Waste Inspector) — Mayor Rigby Mayor Rigby recognized Pam Kroupa as Employee of the First Quarter. (d) Proclamation — "Emergency Medical Service Week" — Mayor Rigby Mayor Rigby presented a proclamation for "Emergency Medical Service Week." 5. PUBLIC COMMENTS (Limited to five minutes per person.) Sabrina Silos — 9505 Dry Sand Dr., addressed Council regarding her La Porte High School Project to graduate with honors with a project to bring historical significance to the Beazley Cemetery. Members of her family are buried in the cemetery. Ms. Silos informed Council there are 10 members of the Beazley family buried in the Beazley Cemetery which is 160 years old, and the cemetery does not have a marker. Richard Warren — 8730 Collingsdale, addressed Council on behalf of the Brookglen Home Owners' Association and informed Council the subdivision would like Council to consider a dog park and cover to place over playground equipment at the park. Mr. Warren also advised the Brookglen Home Owners' Association is willing to assist with the cost. Dennis Lunday — 10214 Winding Trail, addressed Council regarding a community Thanksgiving Meal Project and the city participating by providing transportation to the Neighborhood Center, law Page 1 of 7 May 13, 2013, Council Meeting Minutes enforcement, delivery of meals and employees volunteering to assist with activities such as arrangement of the dinner and cleaning after the meals. 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 special City Council meeting held on April 13, 2013 and regular City Council meeting held on April 22, 2013 — P. Fogarty (b) Consider approval or other action authorizing status change for Municipal Court Judge to receive merit increase effective April 1, 2013, as per established percentage standards — Mayor Rigby (c) Consider approval or other action adopting a Resolution supporting attendance by city councilmembers, board members, staff and guests to local and regional events and determining attendance serves a public purpose — P. Fogarty (d) Consider approval or other action authorizing the City Manager to execute a contract with Dr. Oscar Boultinghouse, M.D., Medical Director for the City of La Porte EMS — R. Nolen (a) Consider approval or other action regarding proposed Planning Department policy designating chip seal (Texas Department of Transportation Specification 316) as a specified material allowable for asphalt surfaces within the definition of asphalt — T. Tietjens (f) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement with the City of Houston for the acquisition of handheld radios, mobile radios and radio service — K. Adcox (g) Consider approval or other action regarding a Resolution authorizing the La Porte Police Department and City Manager to submit for the Crime Victim's Liaison Grant for the 2014- 2015 Fiscal Year in order to continue funding the Crime Victim's Liaison position — K. Adcox (h) Consider approval or other action regarding a Resolution authorizing the City Manager to sign grant acceptance documents for 2013 State "Click It or Ticket" campaign — K. Adcox (i) Consider approval or other action regarding the minutes of regular City Council meeting held on April 8, 2013 — P. Fogarty (j) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2012-2013 Budget — M. Dolby Councilmember Engelken moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek Page 2 of 7 May 13, 2013, Council Meeting Minutes AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action adopting an Ordinance appointing a Mayor Pro-Tem of the City of La Porte — P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Clausen moved to adopt Ordinance 2013-3479 appointing Councilmember Jay Martin as Mayor Pro-Tem of the City of La Porte. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3479: AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 1, 2013, THROUGH MAY 31, 2014: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Consider approval or other action adopting an Ordinance repealing Ordinance 2011-3346, and to establish Councilmember expense policies and procedures through Council action — P.Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Engelken moved to adopt Ordinance 2013-3480 repealing Ordinance 2011-3346, and establish Councilmember expense policies and procedures through Council action. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3480: AN ORDINANCE REPEALING ORDINANCE NO. 2011-3346, ESTABLISHING GUIDELINES FOR TRAVEL AND BUSINESS EXPENSES BY CITY COUNCIL MEMBERS TO MEETINGS, PROVIDING AUTOMOBILE EXPENSE ALLOWANCES, CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW', AND PROVIDING AN EFFECTIVE DATE HEREOF. (c) Consider approval or other action adopting Councilmember expense policies regulating automobile allowance, cell phone allowance, attendance at educational conferences, and local and regional events — P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Engelken moved to adopt Councilmember expense policies regulating automobile allowance, cell phone allowance, attendance at educational conferences, and attendance at local and regional events. Councilmember Leonard seconded. MOTION PASSED. Page 3 of 7 May 13, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek (d) Consider approval or other action regarding an Ordinance amending Chapter 82 of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending the National Electrical Code — J. Garza Senior Engineer Julian Garza presented a summary. Councilmember Moser moved to approve Ordinance 2013-3481 amending Chapter 82 of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending the National Electrical Code. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3481: AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNATIONAL CODE COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31 "ADOPTION' AND SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS," AND 82-33 "BUILDING CODE AMENDMENTS'; ARTICLE III "PLUMBING CODE," SECTION 82-66 "ADOPTION' AND 82-67 "AMENDMENTS; ARTICLE VI "ENERGY CONSERVATION CODE," SECTION 82-412 "ADOPTION' AND SECTION 82-413 "AMENDMENTS"; ARTICLE VII "MECHANICAL CODE," SECTION 82A41 "ADOPTION' AND 82-442 "AMENDMENTS"; ARTICLE IV. "ELECTRIC CODE" DIVISION 4. INSPECTIONS, SECTION 82-308 "INSTALLATIONS TO BE CONCEALED," AND DIVISION 5. STANDARDS, SECTION 82-338 "ALUMINUM CONDUCTORS' AND SECTION 82-349 'SUSPENSION OF APPROVAL OF MATERIALS, REPEALING ARTICLE V. "FUEL GAS CODE" IN ITS ENTIRETY; 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 HEREOF. (e) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement with the City of League City for the implementation and operation of Gulf Regional Information and Dispatch (GRID) system — K. Adcox Chief of Police Ken Adcox presented a summary. Mayor Rigby questioned the need for the City to provide funds prior to an established budgeting policy in place by the Gulf Regional Information and Dispatch Board. Chief Adcox responded a policy can be arranged, and the agreement does mention how the funds are to be expended. Councilmember Martin questioned where the remaining $22,000.00 of the $35,000.00 budget would be returned. Mr. Adcox responded the funds would be returned to the Reserve Fund and placed back into the General Fund. Councilmember Martin moved to authorize the City Manager to execute an Interlocal Agreement with the City of League City for the implementation and operation of Gulf Regional Information and Dispatch (GRID) system. Councilmember Leonard seconded. MOTION PASSED. Page 4 of 7 May 13, 2013, Council Meeting Minutes Ayes. Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: Councilmember Zemanek 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Delinquent Tax Report — M. Dolby Jason Bailey with Perdue Brandon, Fielder Collins & Mott provided a presentation regarding the procedures utilized by their firm to collect delinquent taxes for the City of La Porte. Councilmember Leonard questioned if there were any physical address contact by Perdue Brandon, Fielder Collins & Mott with delinquent taxes dating back since 1986. Mr. Bailey responded delinquent taxes dating back to 1986 are considered low value property most likely vacant and have been struck off by the City or are in suit. Councilmember Moser questioned whether property struck off can be detained by a trustee if another governmental agency was interested in purchasing such property. Mr. Bailey responded a trustee can be forced to sell the property. Mayor Rigby asked when does Perdue begin collecting delinquent taxes? Mr. Bailey responded the tax roll is collected in June to confirm accurate information, and the process begins after penalties shown in the July 1 updated tax roll. Mayor Rigby questioned if penalties are collected. Mr. Bailey responded, yes, the base tax, penalties, interest and collection penalties are all collected. Councilmember Engelken questioned the outstanding balance of the previous 15 to 20 years. Mr. Bailey responded he does not have the information at the present time but can forward it to Council. Councilmember Martin questioned if uncollectable taxes will be taken off the tax rolls. Mr. Bailey responded yes under the Tax Code 2010 Rule. Councilmember Martin questioned if information can be provided in future reports noting the uncollectable taxes will be taken off the tax roll. Mr. Bailey responded yes. (b) Discussion or other action regarding the City of La Porte participating in a Thanksgiving Meal Project —Corby Alexander City Manager Corby Alexander discussed the City of La Porte participating in a Thanksgiving Meal Project as was spoken about in Mr. Lunday's public comments. Mr. Alexander informed the Neighborhood Center and Kroger are on board to participate in this worthy project. Councilmember Martin commented it is a great project. Council gave City Manager Corby Alexander direction to move forward with the Thanksgiving Meal Project. 9. REPORTS (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee meeting which was held just prior to this council meeting. (b) Receive Blue Tarp Report— J. Garza Senior Engineer Julian Garza provided a report Page 5 of 7 May 13, 2013, Council Meeting Minutes City Manager Corby Alexander informed Council Plant Managers in the area were approached with the opportunity to provide assistance to homeowners, but we didn't meet with success. Mayor Rigby questioned how many Plant Managers were approached to provide assistance? Assistant City Manager Leach responded the Plant Manager Network was provided a summary of assistance needed, in addition to assistance from Emergency Management Coordinator Jeff Suggs. Councilmember Martin questioned Senior Engineer Julian Garza if the vacant property since August 2007 located at 316 N. 5" was ever on the condemnation list. Mr. Garza responded yes. Councilmember Martin suggested giving a 90-day extension to 514 S. Blackwell St., and to continue sending notices to the others advising their roof situation needs to be resolved. Councilmember Leonard commented something needs to be done regarding the blue tarps. Councilmember Leonard moved to start increasing pressure to resolve the blue tarp roofs. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, and Leonard Nays: Councilmembers Martin and Moser Absent: Councilmember Zemanek 7. (d) At this time Council re -addressed item 7d in order to establish an effective date. Councilmember Mosteit moved to amend Chapter 82 of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending the National Electrical Code effective July 15, 2013. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Moser, Martin and Leonard Nays: None Absent: Councilmember Zemanek 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Special City Council Meeting, Tuesday, May 14, 2013 • La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 16, 2013 • Memorial Day Observed, Monday, May 27, 2013 • La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 30, 2013 City Manager Corby Alexander gave kudos to the Finance Department and Purchasing Division for signing a contract for electrical service and saving the City $110,000.00 over the next three years. 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 — Councilmember Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby. Councilmember Clausen congratulated the retirees and the Finance Department; Councilmember Martin commented he would like to see staff work with Sabrina Silos and her project of declaring the Beazley Cemetery as a historical site, informed of his attendance at the Special Olympics Banquet and the Rotary Club Crawfish Boil; Councilmember Moser congratulated the retirees and commented how excited he was about moving forward with the Thanksgiving Meal Project; Page 6 of 7 May 13, 2013, Council Meeting Minutes Councilmember Kaminski thanked the retirees and the Finance Department and commented on the great turnout at the Rotary Crawfish Boil; Councilmember Leonard congratulated the retirees and "Employee of the (First) Quarter' Pam Kroupa; Councilmember Engelken congratulated all of the recent retirees, thanked Richard Warren for attending and speaking on behalf of the Brookglen Homeowners' Association for needed improvements in the subdivision; Councilmember Mosteit congratulated the retirees and "Employee of the (First) Quarter" Pam Kroupa and Mayor Pro-Tem Jay Martin; and Mayor Rigby reported on the La Porte Education Foundation Golf Tournament and Sylvan Beach Day Festival, the Plant Managers Breakfast will be continued, although attendance was low, informed of his attendance at the Special Olympics Banquet, thanked City Secretary Patrice Fogarty, Election Workers, and the Citizens' Charter Review Committee for their hard work and successful election, and congratulated Mayor Pro-Tem Jay Martin. 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 561.072 — Deliberation regarding purchase, exchange, lease or value of real property: Discussion regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. Texas Government Code, Section 551.071(1)(A) — Pending or Contemplated Litigation — State vs. Port of Houston - Sound Mediation City Council recessed the regular meeting to convene an executive session at 7:35 p.m. to deliberate regarding purchase, exchange, lease or value of real property: Discussion regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street and to discuss Pending or Contemplated Litigation — State vs. Port of Houston - Sound Mediation. 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 8:40 p.m. Regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street, Council directed staff to counter offer property swap with LPISD with 'square foot for square foot equal allocation'; and asked the City Attorney to prepare a legal opinion on whether public property can be abandoned, and prepare a legal opinion on adverse possession — anything pertaining to these issues; and gave direction to the City Manager to look at plats so construction cannot begin in public rights of way without proper closings. Regarding Pending or Contemplated Litigation — State vs. Port of Houston - Sound Mediation, Council received a report from the City Attorney's Office and directed to continue negotiation on the proposed settlement. 14. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:45 p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY. Patrice Fogarty Ci ecreta Passed and o d n J a 10, 2013. May r Loui R. Rigb Page 7 of 7 May 13, 2013, Council Meeting Minutes