HomeMy WebLinkAbout2013-07-22 Regular Meeting of La Porte City Council minutesLOUIS RIGBY OQ a 4 DARYL LEONARD
Mayor , O Councilmember District 3
JOHN ZEMANEK ♦ TOMMY MOSER
Councilmember At Large A O m Councilmember District4
DOTTIE KAMINSKI JAY MARTIN
Councilmember At Large B Mayor Pro Tam
MIKE MOSTEIT Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councllmember District 2 Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JULY 22, 2013
The City Council of the City of La Porte met in a regular meeting on Monday, July 22, 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, Leonard, Zemanek, Kaminski, Clausen, Mosteit, Moser and Martin.
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 John Zemanek.
4. PRESENTATIONS, PROCLAMATION, and RECOGNITIONS
(a) Proclamation — "George Watkins Day" — Mayor Rigby
Mayor Rigby presented a proclamation for "George Watkins Day."
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Philip Dunn, 701 San Jacinto St., addressed Council regarding his opinion and advice on Item 8(a)
the Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials,
City officers and City employees.
Donna Medford, 1200 Robinson Rd., thanked Council for considering an Animal Adoption Center
and Shelter, Item 9(a), and spoke in favor of a facility location at the La Porte Municipal Airport.
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 July 8, 2013 — P. Fogarty
(b) Consider approval or other action authorizing the City Manager to execute Amendment
No. 1 to the Secondary Fire Protection Contract with the Port of Houston — M. Boaze
(c) Consider approval or other action awarding Bid # 13020 for Annual Concrete Street,
Sidewalk and Drainage Repair — D. Mick
(d) Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2012-2013 Budget — M. Dolby
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July 22, 2013, Council Meeting Minutes
Councilmember Leonard moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3488: 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,
PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Continue Public Hearing from April 8, 2013, to receive comments from the public
regarding one (1) substandard building located at 500 W. Main St. and consider approval or
other action to close the Public Hearing — J. Garza
City Council continued the public hearing from April 8, 2013, at 6:17 p.m. to receive comments from
the public regarding one (1) substandard building located at 500 W. Main St. and consider approval
or other action to close the public hearing.
Senior Engineer Julian Garza presented a summary and advised the Zoning Board of Adjustment's
action allows a permit to be issued for remodeling of the substandard structure at 500 West Main
Street with the agreement that the encroaching out -building shall be demolished, and the
substandard structure must be brought up to comply with current codes, as long as the cost does
not exceed one half of the "before depreciation' replacement value of $143,870.
Councilmember Moser moved to close the public hearing at 6:19 p.m. regarding one (1)
substandard building located at 500 W. Main St. Councilmember Leonard seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
8. AUTHORIZATIONS/ORDINANCES
(a) 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 presented a summary.
Councilmember Zemanek moved to adopt Ordinance 2013-3489 adopting an ethics and conflict of
interest policy applicable to City elected officials, City officers and City employees. Councilmember
Leonard seconded. MOTION PASSED.
Ayes: Councilmembers Mosteit, Kaminski, Zemanek, Leonard and
Moser
Nays: Mayor Rigby, Councilmembers Clausen, Martin and Engelken
Absent: None
Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3489: AN ORDINANCE
ESTABLISHING AN ETHICS AND CONFLICT OF INTEREST POLICY APPLICABLE TO CITY OFFICIALS AND
EMPLOYEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERBILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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July 22, 2013, Council Meeting Minutes
(b) Consider approval or other action awarding Bid # 13021 for Shady River Road Concrete
Street Removal and Replacement — D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Martin moved to award Bid #13021 for Shady River Road Concrete Street
Removal and Replacement. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding Animal Adoption Center and Shelter — K. Adcox/R.
McPhail.
Chief of Police Ken Adcox presented a summary.
Councilmember Clausen questioned how the original estimate was obtained. Chief Adcox
responded they used the cost per square foot from the most recent animal shelter built within our
geographical area within the past year, which was in the City of Friendswood.
Councilmember Zemanek questioned the current square footage of kennels for both dogs and cats.
Animal Control Supervisor Clarence Anderson responded 1,800 total square feet for the existing
shelter but was not sure on specific kennel space. Councilmember Zemanek questioned the plan
for kennel space with a new proposed 4,376 square -foot facility. Architect Martha Sang, with
Jackson and Ryan Architects, informed that kennel space would increase from the current 22
kennels to 32 kennels.
Mayor Rigby asked how long will the proposed Animal Adoption Center and Shelter serve its
purpose and not require an addition. Chief Adcox responded a 4,376 square -foot facility has 50
percent more kennels than the existing facility; and staff feels it will last well into the future.
Councilmember Martin commented he likes the idea of a facility being located on Spencer Highway
and being more visible for, hopefully, increased animal adoptions and questioned if staff has
considered any other funding options. Chief Adcox advised staff has considered partnering with
other neighboring communities, contracting animal control services to smaller communities, and
possibly seeking sponsorships from local industry if directed by Council.
Councilmember Engelken commented an Animal Adoption Center and Shelter will need to be
constructed just like other facilities without down scaling it; and suggested Council not make any
decisions prior to upcoming Budget Workshop meetings. Councilmember Leonard agreed with
Councilmember Engelken.
Councilmember Mosteit moved to allow Chief Adcox and the animal shelter committee to seek
private donations and bring back information at the upcoming budget meetings. Councilmember
Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
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July 22, 2013, Council Meeting Minutes
(b) Discussion or other action regarding a recommended date of September 9, 2013, for the
Public Hearing on the City of La Porte's Fiscal Year 2013-2014 Proposed Budget — M.
Dolby
Finance Director Michael Dolby presented a summary, including upcoming dates for budget
meetings.
Councilmember Moser moved to approve September 9, 2013, for the Public Hearing on the City's
Fiscal Year 2013-2014 Proposed Budget and to hold budget workshops during the week of
August 12, 2013. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
(c) Discussion or other action regarding Capital Improvement Projects (CIP) for the upcoming
fiscal year — C. Alexander
City Manager Corby Alexander presented a summary regarding Capital Improvement Projects and
advised Council the projected amounts can change.
Mayor Rigby requested items be categorized in a "want' and "need" column under City Manager
Review when presented during the upcoming budget meetings.
Councilmember Martin questioned if generators will be expended out of the Capital Improvement
Projects. City Manager Corby Alexander responded yes. Mayor Rigby questioned if cost can be
reduced in half if diesel generators are used. Mr. Alexander responded yes.
Councilmember Zemanek questioned the current generator system source of power at the police
station. Public Improvement Coordinator Reagan McPhail responded it is a natural gas system.
Mayor Rigby commented he would like for Council to consider all options and decide what is best
for the community as far as generators.
Councilmember Clausen moved to put Capital Improvement Projects on for budget discussion.
Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken,
Martin, Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent: None
10. REPORTS
(a) Receive Delinquent Tax Report — T. Leach
Assistant City Manager Traci Leach provided the Delinquent Tax Report. There were no Council
comments.
(b) Receive 2012-2013 Citywide Sidewalk Replacement Project Report — T. Tietjens
Public Improvement Coordinator Reagan McPhail provided the 2012-2013 Citywide Sidewalk
Replacement Project Report.
Councilmember Engelken questioned if there are any additional sidewalks and the number of linear
feet that are in need of replacement other than those listed in the report. Mr. McPhail responded
yes, and three times the replacement listed in the report, if he has to estimate. Councilmember
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July 22, 2013, Council Meeting Minutes
Engelken questioned is the City assuring sidewalks are handicap accessible at intersections? Mr.
McPhail responded this year the sidewalks will be re -leveled, and next year there will be work for
total replacement that may require some wheel chair ramps. Mr. McPhail also advised Council
chose not to fund the wheel chair ramp project the previous year.
(c) Receive Dust Free Surface Report —T. Tietjens
Senior Engineer Julian Garza provided a dust free surface report. Councilmember Martin asked if a
proposed ordinance passes, would existing businesses which are creating problems no longer
receive a citation? Mr. Garza responded no, not with the proposed ordinance; but it can be
addressed through a nuisance ordinance. Councilmember Martin asked what a chip seal surface
is. Mr. Garza advised a chip seal surface consists of tar and gravel; and one is coated rock and the
other is uncoated rock.
Councilmember Zemanek questioned if Council adopted the ordinance, would there be any
pre-existing non -conforming grandfathered properties not impacted by the ordinance. Mr. Garza
advised staff can address these and not allow if it is Council's desire.
11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Development Corporation Board Meeting, Tuesday, July 23, 2013
• La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1
Meeting, Wednesday, July 24, 2013
City Manager Corby Alexander reported there are plans for a Food Distribution at the Jennie Riley
Community Center on July 27, 2013, from 9:00 a.m. — 12:00 noon.
12. 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit,
Clausen, Martin, Moser and Mayor Rigby.
Councilmembers Engelken, Mosteit, Clausen, Martin, Moser and Kaminski congratulated George
Watkins for receiving a proclamation and thanked him for the annual July 4t' parades and his
contributions to the City. Mayor Rigby expressed appreciation to Mr. Watkins, as well, and thank
him for his efforts in the City.
13. 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. There was no Executive Session.
14. RECONVENE into regular session and consider action, if any, on items) discussed in executive
session. There was no Executive Session.
15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
7:51 p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY.
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Patrice Fogarty, Ci ecret
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July 22, 2013, Council Meeting Minutes