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Home My WebLink About2013-06-24 Regular Meeting of La Porte City Council minutesLOUIS RIGBY pP.J q DARYLLEONARD Mayor y O Councilmember Distrid3 JOHNZEMANEK A 9 TOMMY MOSER Councilmember At Large A p rn Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro Tern MIKE N10 Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 24, 2013 The City Council of the City of La Porte met in a regular meeting on Monday, June 24, 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 Mosteit, Engelken, Leonard, Zemanek, Kaminski, Moser, Martin and Clausen. 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 Councilmember Tommy Moser. 4. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 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 June 10, 2013 — P. Fogarty (b) Consider approval or other action regarding appointment of Matthew Seurrattan to the La Porte Police Reserve Force — K. Adcox (c) Consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte by authorizing the City of La Porte to accept credit card payments for payments of fees, fines, court costs and other charges — M. Dolby (d) Consider approval or other action regarding a Resolution of the City of La Porte, Texas opposing the Biggert Waters Flood Insurance Reform Act of 2012 —T. Tietjens Councilmember Engelken moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3485 : AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AUTHORIZING THE CITY OF LA PORTE TO ACCEPT CREDIT CARD PAYMENTS FOR PAYMENTS OF FEES, FINES, COURT COSTS Page 1 of 6 June 24, 2013, Council Meeting Minutes AND OTHER CHARGES, AND AUTHORIZING THE COLLECTION OF CONVENIENCE FEES AND SERVICES CHARGES, AS ALLOWED BY CHAPTER 132 OF THE TEXAS LOCAL GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 6. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2013 — D. Ladd City Council opened the public hearing at 6:03 p.m. to receive comments from the public regarding La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2013. Assistant Fire Chief Donald Ladd presented a PowerPoint presentation. There were no public comments. City Council closed the public hearing at 6:17 p.m. (b) Consider approval or other action regarding the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2013 — D. Ladd Councilmember Zemanek moved to approve the La Porte Fire Control, Prevention and Emergency Medical Services District's budget for the fiscal year which begins October 1, 2013. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Kaminski, Mosteit, Clausen, Martin, Zemanek and Leonard Nays: None Absent: None (c) Public Hearing to receive comments regarding mandatory review of Juvenile Curfew Ordinance (93-1887) — K. Adcox City Council opened the public hearing at 6:18 p.m. to receive comments from the public regarding mandatory review of Juvenile Curfew Ordinance (93-1887). Chief of Police Ken Adcox presented a summary and advised Council there was no need for modifications to Juvenile Curfew Ordinance (93-1887). Chief of Police Ken Adcox recommended the ordinance be continued as written. There were no public comments. City Council closed the public hearing at 6:19 p.m. (d) Consider approval or other action regarding the continuation of Ordinance 93-1887, as codified in Chapter 42 of the La Porte Code of Ordinances, regarding Curfew for Juveniles — K. Adcox Councilmember Clausen moved to continue Ordinance 93-1887, as codified in Chapter 42 of the La Porte Code of Ordinances, regarding to the Curfew for Juveniles. Councilmember Leonard seconded. MOTION PASSED. Page 2 of 6 June 24, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Kaminski, Mosteit, Clausen, Martin, Zemanek and Leonard Nays: None Absent: None Assistant City Attorney Clark Askins read the caption of Ordinance 93-1887: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY, ADDING A NEW ARTICLE IV TO CHAPTER 13, RELATING TO THE ESTABLISHMENT OF A DAYTIME AND NIGHT TIME JUVENILE CURFEW; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. AUTHORIZATIONSIORDINANCESIRESOLUTIONS (a) Consider approval or other action authorizing new Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association effective October 1, 2013 through September 30, 2016 — K. Adcox Chief of Police Ken Adcox presented a summary. Councilmember Engelken moved to authorize the new Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association effective October 1, 2013 through September 30, 2016, Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Mosteit, Clausen, Moser, Martin, Zemanek and Leonard Nays: None Absent: None (b) Consider approval or other action regarding a Resolution authorizing the sale of City owned surplus real property located at Lots 7, 8, 9, 10, 11 and '% of Lot 6, Block 25, Town of La Porte — M. Dolby Finance Director Michael Dolby presented a summary. Councilmember Moser moved to adopt Resolution 2013-13 authorizing the sale of City owned surplus real property located at Lots 7, 8, 9, 10, 11 and Y of Lot 6, Block 25, Town of La Porte. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Mosteit, Clausen, Moser, Martin, Zemanek and Leonard Nays: None Absent: None (c) Consider approval or other action authorizing the City Manager to execute a contract with Force Construction Company, Inc., for Asphalt Street Resurfacing — D. Mick Public Works Director Dave Mick presented a summary. Councilmember Leonard moved to authorize the City Manager to execute a contract with Force Construction Company Inc. for Asphalt Street Resurfacing. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Mosteit, Clausen, Martin, Moser, Zemanek and Leonard Nays: None Absent: None Page 3 of 6 June 24, 2013, Council Meeting Minutes (d) Consider approval or other action regarding an Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees — Councilmembers Zemanek, Kaminski and Moser Councilmember Zemanek moved to adopt an Ordinance regarding an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees as presented. Councilmember Kaminski seconded. Councilmember Clausen commented he is very much in favor of an ethics and conflict of interest ordinance for City Council and the City; however he believes it will be unethical and illegal to adopt a policy aimed at one person or one specific group of people. Councilmember Clausen also commented the City Attorney and the Attorney General Office have advised the proposed ordinance does not follow the Texas Local Government Code. Councilmember Clausen read a prepared statement. Councilmember Clausen amended the motion and moved to table the proposed ordinance until July 22, 2013, to be re written and consistent with statutory law. Councilmember Mosteit commented he would like the proposed ordinance researched not to restrict a former employee from representing themselves or their property. Assistant City Attorney Clark Askins responded an employee as a homeowner is entitled to go before the City and represent themselves. Mayor Rigby commented the proposed ordinance as written indicates any discussion regarding La Porte Independent School District will exclude Councilmembers Leonard and Clausen; any discussion regarding code issues will exclude Councilmembers Moser and Mosteit; several Boards and Commissions members will be prevented from serving on the board, and is questionable if an employee's spouse is allowed to be employed by companies where the City conducts business. Mayor Rigby also commented he agrees with Councilmember Clausen being in favor of ethics, being honest, forthcoming and transparent but does not feel the proposed ordinance is aimed at the intent. Councilmember Zemanek asked Mayor Rigby what his opinion is of the intent of the proposed ordinance. Mayor Rigby responded, to prevent Councilmember Clausen from discussing anything pertaining to the school district. Councilmember Zemanek questioned Mayor Rigby if he thought it was okay for Councilmember Clausen to speak on behalf of the school district in an Executive Session. Mayor Rigby responded he does not know of Councilmember Clausen speaking on behalf of the school district in an Executive Session. Councilmember Zemanek commented if Councilmember Engelken excuses himself when CenterPoint issues are being discussed, he does not see why the same should not apply to Councilmembers Clausen and Leonard when Council strategizes in an Executive Session. Councilmember Clausen advised there are Attorney General Opinions available advising an ordinance cannot be restricted to eliminate non-profit governmental entities, and he will forward them to Mr. Askins. Councilmember Clausen moved table the proposed ordinance until July 22, 2013. Councilmember Mosteit seconded. MOTION PASSED. 8. REPORTS Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, and Leonard Nays: Councilmembers Zemanek, Moser and Kaminski Absent: None Page 4 of 6 June 24, 2013, Council Meeting Minutes (a) Receive Delinquent Tax Report — T. Leach Assistant City Manager Traci Leach provided the Delinquent Tax Report. Councilmember Zemanek left the meeting at 6:50 p.m. (b) Receive Strategic Plan Update — T. Leach Assistant City Manager Traci Leach provided an update of the Strategic Plan. (c) Receive Quarterly Planning Audit Report— T. Tietjens Planning Director Tim Tietjens provided the Quarterly Planning Audit Report. 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • July 4, 2013, Thursday, Holiday • La Porte Development Corporation Board Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 22, 2013 • La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 City Manager Corby Alexander reported there will be a Food Distribution held at the Jennie Riley Community Center on June 29, 2013 from 10:00 a.m. — 2:00 p.m. as well as an outreach from the Police Department for the Northside Neighborhood and gave kudos to the Parks Department for assisting with the Juneteenth festivities. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. Councilmember Kaminski thanked everyone for the well wishes during her illness and time away; Councilmember Engelken welcomed Councilmember Kaminski back, and thanked Council for approving the resolution opposing the Biggert Waters Flood Insurance Reform Act of 2012; Councilmembers Mosteit and Clausen welcomed Councilmember Kaminski back; Councilmember Martin thanked staff for the resolution written opposing the Biggert Waters Flood Insurance Reform Act of 2012 and welcomed back Councilmember Kaminski; and Mayor Rigby welcomed back Councilmember Kaminski and thanked staff for the update on the Strategic Plan and the Quarterly Planning Audit Report. 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. Texas Government Code, Section 551.071(2) — Consultation with city attorney regarding legal issues related to property exchange with LPISD. City Council recessed the regular meeting to convene an executive session at 7:09 p.m. to consult with the City Attorney regarding legal issues related to property exchange with LPISD. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 7:42 p.m. Page 5 of 6 June 24, 2013, Council Meeting Minutes Regarding consultation with City Attorney in regards to legal issues related to property exchange with LPISD, City Council directed staff to continue with the title searches. 15. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 7:433�p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY. Gw�-t.t-er Patrice Fogarty, City Ycretary Passed a p oved on July 8, 2013. yor ouis IC y Page 6 of 6 June 24, 2013, Council Meeting Minutes