HomeMy WebLinkAbout2013-08-12 and 08-13 Regular Meeting, including Budget Workshop of La Porte City Council minutesLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember At Large A
DOTTIE KAMINSKI
Councilmember At Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
Mayor Pro -Tern
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING INCLUDING A BUDGET WORKSHOP ON
PROPOSED 2013-2014 FISCAL YEAR BUDGET OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
AUGUST 12 and 13, 2013
The City Council of the City of La Porte met in a regular meeting on two back-to-back evenings on
Monday, August 12, and Tuesday, August 13, 2013, at the City Hall Council Chambers, 604 West
Fairmont Parkway, La Porte, Texas, beginning each evening at 6:00 p.m. to consider the following items of
business:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. each evening.
Members of Council present on Monday, August 12, 2013, were: Mayor Rigby, Councilmembers
Engelken, Martin, Mosteit, Zemanek, Kaminski, Clausen and Leonard. Councilmember Moser was
absent.
Members of Council present on Tuesday, August 13, 2013, were: Mayor Rigby, Councilmembers
Engelken, Martin, Mosteit, Zemanek, Kaminski and Moser. Councilmembers Leonard and Clausen
were absent.
Also present on Monday, August 12, and Tuesday, August 13, 2013, were City Secretary Patrice
Fogarty and City Manager Corby Alexander. Assistant City Attorney Clark Askins was present on
August 12, but not August 13, 2013.
2. INVOCATION - The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Daryl Leonard.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Proclamation — "Texas Krush Day" — Mayor Rigby
The "Texas Krush Day" proclamation was postponed until the next meeting.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Phillip Hoot, 927 Seabreeze, addressed Council and stated commercial development on the bay
front is a stupid idea.
Pam Summers, President of the Bay Area Houston Convention and Visitors Bureau, addressed
Council requesting continued City membership.
Jo Ann Pitzer, 10011 Carlow Ln., thanked Councilmember Zemanek and City Manager Alexander
for repair to the basketball court in the Fairmont Park West subdivision and requested a contact
person she could speak with regarding use of trash cans vs. trash bags.
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Chuck Rosa, 812 S. Virginia, addressed Council regarding a new animal shelter; additional parking
at Sylvan Beach; and City Council executive sessions.
Joseph Moon, 205 N. 11th Street, addressed Council and advised he feels singled out in regards to
complying with the dust -free ordinance. Mr. Moon commented when he drives around the
community, he notices others not in compliance.
Steve Carroll, 5301 Brookglen Drive, Houston, TX, Republic Services representative, addressed
Council with appreciation for working with the City during the past 10 years with commercial solid
waste services.
Nettie Warren, 212 N. 3d Street, addressed Council requesting a status on the old Dewalt School.
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 the regular City Council
meeting held on July 23, 2012 — P. Fogarty
(b) Consider approval or other action regarding a Resolution authorizing the resale of
certain surplus real property located in Block 330, Town of La Porte — M. Dolby
(c) Consider approval or other action authorizing the City Manager to execute an agreement
with Shrader Engineering to design a generator installation at La Porte City Hall and the
Wastewater Treatment Plant and additional switchgear at the Police Department Facility —
D. Mick
Regarding Item C, Councilmember Zemanek questioned whether the generator is a natural gas
design for the Wastewater Treatment Plant. Public Works Director Dave Mick responded yes.
Councilmember Clausen moved to approve the Consent Agenda pursuant to recommendations by
City Staff. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Zemanek,
Clausen, Engelken, Kaminski and Martin
Nays: None
Absent: Councilmember Moser
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation of the Planning and
Zoning Commission to approve Rezone Request #13-92000001, for the rezoning of a
12.2544 acre tract of land located along Canada Road, from General Commercial (GC) to
High Density Residential (R-3) — T. Tietjens
The public hearing was opened at 6:18 p.m. Planning Director Tim Tietjens presented a summary.
There were no public comments. The public hearing was closed at 6:23 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 changing the zoning classification of a
12.2544-acre tract of land located along Canada Road from General Commercial (GC) to
High Density Residential (R3) — T. Tietjens
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Councilmember Engelken moved to approve Rezone Request # 13-92000001, for the rezoning of a
12.2544-acre tract of land located along Canada Road, from General Commercial (GC) to High
Density Residential (R-3). Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Zemanek,
Mosteit, Kaminski, Martin and Clausen
Nays: None
Absent: Councilmember Moser
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action repealing the franchise fee for commercial solid waste collection
— Councilmembers Zemanek, Kaminski and Moser
Mayor Rigby asked Councilmember Kaminski if she would present the item for discussion since
Councilmembers Zemanek and Moser have dumpsters at their businesses, and it will provide them
financial benefits. Councilmember Zemanek questioned, due to the new conflict of interest
ordinance, would there also be a conflict when the budget is voted on since the Mayor receives
medical insurance. Mayor Rigby responded no. Councilmember Zemanek asked why not. Mayor
Rigby responded the budget is for the overall City and not directed only at him. Councilmember
Zemanek advised this item was directed at the 480 accounts in the City and not at him.
Assistant City Attorney Clark Askins advised there is not a distinguishable benefit to
Councilmembers Zemanek and Moser. Mayor Rigby asked Councilmember Zemanek if he would
like to present the item. Councilmember Zemanek responded yes, and presented the item to
repeal franchise fees for commercial solid waste collection.
Councilmember Clausen asked if the City will repeal franchise fees for CenterPoint, Comcast, etc.
Councilmember Leonard commented looking at other franchise taxes in La Porte, there are options
but not with garbage.
Councilmember Zemanek moved to repeal franchise fees for commercial solid waste collection
services. Councilmember Kaminski seconded. MOTION FAILED.
Ayes: Councilmembers Zemanek, Leonard and Kaminski
Nays: Mayor Rigby, Councilmembers Clausen, Martin, Engelken and
Mosteit
Absent: Councilmember Moser
(b) Discussion or other action awarding bid for Commercial Solid Waste Franchise Contract
with consideration of franchise fees — D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Zemanek questioned where are franchise fees allocated. Public Works Director
Mick responded from the General Fund for street repairs and maintenance of public rights -of -way.
Councilmember Zemanek questioned how much has been spent on street repairs during the last
eight years of collecting franchise fees. Mr. Mick responded staff would have to conduct some
research to provide an answer.
Councilmember Zemanek moved for the City to enter into a contract with WCA, Waste Corporation
of Texas, L.P., for commercial solid waste collections. Councilmember Leonard seconded.
MOTION PASSED.
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Ayes: Mayor Rigby, Councilmembers Zemanek, Leonard Kaminski,
Clausen, Martin, Engelken and Mosteit.
Nays: None
Absent: Councilmember Moser
The contract as provided in Council's packet provides for an 11 percent franchise fee. Council did
not take action to stipulate a different amount for the franchise fee.
(c) Discussion or other action concerning the proposed 2013-2014 Fiscal Year Budget of the
City of La Porte, Texas — C. Alexander
Mayor Rigby and Council proposed 9:00 p.m. as the time to recess each budget meeting
unless all that's required is an extra 30 minutes or so to conclude the budget meetings.
Finance Director Michael Dolby began the presentation by discussing the 2014 Budget
Summary for Fiscal Year 2014 and an in depth budget discussion followed.
Fire Chief Mike Boaze presented the 2013 Fiscal Year proposed budget for the Fire
Department.
Police Chief Ken Adcox presented the 2013 Fiscal Year proposed budget for the Police
Department.
City Council recessed for a break at 7:43 p.m. and reconvened at 7:53 p.m.
Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for
Administration and provided information and duties of a proposed new position for a
Marketing Specialist.
Mayor Rigby commented he does not agree with removing funding for membership in the
Bay Area Houston Convention and Visitors Bureau, but does agree with funding the
proposed new position for a Marketing Specialist 50/50 between the general fund and the
4B budget.
Councilmember Clausen agreed he does not want to remove the Bay Area Houston
Convention and Visitors Bureau and commented there appears to be a great deal of
expectation for a Marketing Specialist in an entry level position.
Councilmember Martin agreed with the proposed new position and commented staff should
consider a public relations position that can develop into marketing. Councilmember Martin
also commented the Bay Area Houston Convention and Visitors Bureau give good services
to the City.
Councilmember Zemanek commented the only time the Bay Area Houston Convention and
Visitors Bureau approaches City Council is during budget time; and he was told by the City
Manager of Webster they have not noticed any detriment by not being a member of the Bay
Area Houston Convention and Visitors Bureau. Councilmember Zemanek also commented
the City is a blue collar industrial town, and he does not see the benefit of a new position if
the City continues to fund membership in the Bay Area Houston Convention and Visitors
Bureau.
City Manager Corby Alexander requested direction before the conclusion of the budget
meetings.
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Councilmembers Clausen, Martin, Mosteit and Mayor Rigby were in favor of hiring a person
and continuing to fund membership in the Bay Area Houston CVB.
Councilmembers Kaminski, Zemanek and Leonard were in favor of hiring a person and
eliminating funding of membership in the Bay Area Houston CVB.
No councilmembers were in favor of keeping the Bay Area Houston CVB but not hiring a
person.
Councilmember Engelken mentioned there is an alternative: to discontinue funding
membership in the Bay Area Houston Convention and Visitors Bureau and not hire a new
person. Several councilmembers were in favor of this approach: Councilmembers
Engelken, Leonard, Zemanek and Kaminski.
Council advised staff direction will be provided when a full Council is present to vote.
Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for
Community Investment.
Councilmember Leonard asked if there is an update on the Harris County Transit Bus
Services as far as new partnerships or expanding services. Assistant City Manager Traci
Leach reported there are no new partnerships; and year to date: 5,483 riders.
Councilmember Zemanek questioned the ridership destinations. Ms. Leach reported the
configuration for current bus service is Kroger, a shuttle service from the Neighborhood
Centers; Strawberry Clinic; Social Security Office; and the Baytown Connector, with a
voucher only serving La Porte residents.
Councilmember Engelken questioned if staff had funds budgeted for the City rentals of
Sylvan Beach Pavilion. Assistant City Manager Traci Leach responded not at this time, but it
is open for City Council direction.
Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for
the Legal Department.
Emergency Management Coordinator Jeff Suggs presented the 2014 Fiscal Year proposed
budget for Information Technology and Emergency Management.
Municipal Court Judge Denise Mitrano presented the 2014 Fiscal Year proposed budget for
the Municipal Court.
Golf Course Manager Alex Osmond presented the 2014 Fiscal Year proposed budget for
the Golf Course. Councilmember Martin asked if there will be any increases in green fees
or memberships. Mr. Osmond responded not this year.
The meeting recessed at 9:55 p.m. to reconvene on Tuesday, August 13, 2013, at 6:00 p.m.
Tuesday, August 13, 2013
Mayor Rigby called the meeting to order at 6:00 p.m. on Tuesday, August 13, 2013.
Members of Council present: Councilmembers Engelken, Martin, Kaminski, Mosteit,
Zemanek and Moser. Absent: Councilmembers Leonard and Clausen. Also present were
City Secretary Patrice Fogarty and City Manager Corby Alexander.
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Assistant City Manager Traci Leach began the meeting by presenting the 2014 proposed
Fiscal Year Budget for the Human Resources Department.
City Secretary Patrice Fogarty presented the 2013 Fiscal Year budgets for the City
Secretary Office and City Council.
Finance Director Michael Dolby presented the 2014 proposed Fiscal Year Budget for the
Finance Department. Chief Adcox spoke regarding the Meet and Confer.
Parks and Recreation Director Stephen Barr presented the 2014 proposed Fiscal Year
Budget for the Parks and Recreation Department.
Mayor Rigby requested a breakdown of cable services provided to the City.
Planning Director Tim Tietjens presented the 2014 proposed Fiscal Year Budget for the
Planning Department.
Public Works Director Dave Mick presented the 2014 proposed Fiscal Year Budget for the
Public Works Department. Assistant Public Works Director Don Pennell provided
information regarding mosquito spraying and the locations of mosquito traps in the City.
Councilmember Moser asked if there is adequate water distribution for fire hydrants for the
entire City. Fire Chief Mike Boaze responded the city is good all over as far as fire
protection, and he is satisfied with the system.
City Council recessed for a break at 8:00 p.m. and reconvened at 8:13 p.m.
Public Works Director Dave Mick continued by presenting the budgets for the Vehicle
Maintenance and Replacement Divisions.
Mayor Rigby asked if the description for the summary of vehicle replacements indicates that
a particular vehicle will be replaced, or does it mean the type of vehicle that will be replaced.
Mr. Mick responded the replacement will be an equivalent vehicle.
Economic Development Coordinator Scott Livingston presented the 2014 proposed Fiscal
Year Budget for the La Porte Development Corporation Board.
City Manager Corby Alexander presented the 2014 proposed Fiscal Year Budget for Capital
Improvement Projects and reviewed the items listed under "Need" and "Want' categories.
Mayor Rigby questioned if the $106.00 Ending Fund Balance for September 2014 would be
the total after the listed projects were complete. City Manager Corby Alexander responded
in order to fund the projects, more money would have to be pulled over from the General
Fund.
Councilmember Zemanek questioned if the Golf Course/Little Cedar Irrigation System could
be funded by the La Porte Development Corporation Board like the bulkheads were at the
Golf Course. City Manager Corby Alexander responded the option has not been
researched, but staff will if given direction by Council. Finance Director Michael Dolby and
City Manager Alexander advised staff will get a determination on funding the Golf
Course/Little Cedar Irrigation System from the La Porte Development Corporation Board.
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Chief of Police Ken Adcox provided information regarding additional funding and options for
the new animal shelter.
Mayor Rigby asked Councilmember Moser if he feels the Northside Spraypark can be
placed on hold for an additional year. Councilmember Moser responded the Northside
Spraypark is in the Northside Comprehensive Plan, and the citizens are eager to have it in
the community.
Mayor Rigby asked Councilmember Zemanek if he would consider placing the Fairmont
Pool Renovation and Spraypark on hold for an additional year. Councilmember Zemanek
responded he will be fine placing the Fairmont Spraypark on hold if it is in the next budget
for consideration.
Mayor Rigby requested City Manager Corby Alexander to contact Councilmember Clausen
to see if he is fine placing the Fairmont Pool Spraypark on hold for an additional year but
with repairs to the basketball court and the pool.
Mayor Rigby asked Councilmember Moser if he would consider placing the Northside
Spraypark on hold for an additional year since there are eight years left for the Northside
Comprehensive Plan. Councilmember Moser responded he can wait an additional year.
Mayor Rigby commented he is not against the citizens in Districts 4 and 6 having the
Sprayparks; but by placing the projects on hold an additional year, it will benefit the entire
City.
Councilmember Moser questioned if there was any funding available in the Hotel/Motel
account to fund the Historic School House Renovation. City Manager Alexander responded
staff can propose a budget amendment once a good figure is available in the Hotel/Motel
account.
Councilmember Martin suggested maybe there are historical grants available for the Historic
School House Renovation.
Councilmember Zemanek asked how much is available in the Hotel/Motel account. Finance
Director Michael Dolby responded $800,000.
City Manager Corby Alexander discussed options for the new animal shelter.
Councilmember Zemanek commented that considering the condition of the existing facility,
something needs to be done; and the City should move forward with construction.
Mayor Rigby asked Council if there were any objections to constructing an animal shelter for
up to an additional $500,000. There were no objections.
City Manager Alexander presented the proposed 2014 Fiscal Year Budget for the Utility
Capital Improvement and Drainage Improvement Funds.
Public Works Director Dave Mick presented the proposed 2014 Fiscal Year Budget for the
Street Maintenance Fund.
Councilmember Martin questioned how the City accommodates wheel chair bound citizens
when replacing streets they may reside on. Public Works Director Dave Mick responded for
large projects, a public meeting is held, notification letters are mailed and plywood planks
are provided to accommodate wheelchair access.
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Councilmember Moser questioned if West "F" and West "G" Streets were still on the Asphalt
Overlay list. Public Works Director Dave Mick responded yes the streets are on the list but
may be deferred until after the development on the east.
City Manager Corby Alexander presented the 2010 Certificates of Obligation Bond Fund
(50) Summary.
Senior Engineer Julian Garza provided an update on drainage improvements.
Councilmember Moser questioned why there was no overtime budgeted for Inspection
Services in the Planning Department's proposed Budget. Senior Engineer Julian Garza
responded the past practice has been that if an employee works overtime, they are allowed
to report to work later to compensate the hours worked as overtime and are fine with the
practice. Mayor Rigby asked if the employees are non-exempt employees. Mr. Garza
responded yes. Mayor Rigby commented that is in violation of the Fair Labor Standards
Act, and an employee has to be compensated time and a half. City Manager Alexander
responded he is assuming the employees are receiving time and a half off from work.
Mayor Rigby asked is there is any mention of agreements in the City Personnel Policy
referencing compensation time from the Fair Labor Standards Act. Mr. Alexander
responded he has not seen such a reference in the policy. Mayor Rigby strongly
recommended $1,000 for overtime be placed in the budget for the Inspection Services
Division.
Councilmember Martin questioned when will Council vote on the Bay Area Houston
Convention and Visitors Bureau and the Marketing Specialist position. Mayor Rigby
responded at the next meeting with a full City Council present.
9. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF
COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF
REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES — Councilmembers
Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby.
Councilmembers Engelken and Mosteit thanked staff and City Council for the budget process;
Councilmember Martin commented staff did a great job on the budget and requested the names of
the managers be placed in the Personnel Position Roster; Councilmembers Moser and Kaminski
thanked staff for their hard work on the budget and Councilmember Zemanek also thanked staff for
their work on budget in addition to expressing thoughts and prayers to Councilmember Clausen's
family and wishing Councilmember Leonard well for having to be absent tonight, Mayor Rigby
thanked staff for their hard work on the budget process, sent appreciation to Finance for including
the "estimated" and "actual" columns in the budget and also expressed thoughts and prayers to
Councilmember Clausen and his family.
10. 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 LPISD participation in TIRZ No. 1.
Texas Government Code, Section 551.072 — Deliberation regarding Real Property: Discussion
regarding City Airport property.
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City Council recessed the regular meeting Monday, August 12, 2013, to convene an executive
session at 8:51 p.m. to consult with the City Attorney regarding legal issues related to LPISD
participation in TIRZ No. 1 and to discuss City Airport property.
City Council reconvened into open session Monday, August 12, 2013, at 9:12 p.m. to vote on a
procedural question as to which councilmembers may participate in the executive session regarding
TIRZ No. 1.
Councilmember Mosteit moved to allow all councilmembers to participate in the executive session
regarding participation in TIRZ No. 1. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen and
Mosteit
Nays: Councilmember Kaminski and Zemanek
Absent: Councilmember Moser
City Council recessed the open meeting at 9:13 p.m., Monday, August 12, 2013, to reconvene into
executive session to consult with the City Attorney regarding legal issues related to LPISD
participation in TIRZ No. 1 and to discuss City Airport property.
11. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting was reconvened Monday, August 12, 2013 at 9:53 p.m.
Councilmember Zemanek moved to direct the City Attorney to contact LPISD's attorney to discuss
the issues relating to the TIRZ agreement; and if that does not work, send a demand letter to them.
Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen,
Kaminski, Zemanek, Leonard and Mosteit
Nays: None
Absent: Councilmember Moser
Councilmember Clausen moved to direct the City Attorney to determine the cost of an appraisal,
contact the Federal Aviation Administration and also to determine the cost of a study.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen,
Kaminski, Zemanek, Leonard and Mosteit
Nays: None
Absent: Councilmember Moser
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August 12-13, 2013 City Council Meeting Minutes
12. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting on
Tuesday, August 13, 2013, at 9:35 p.m. Councilmember Zemanek seconded. MOTION PASSED
UNANIMOUSLY.
Respectfully submitted,
/�Oa & aid,(,
Patrice Fogarty, Secr6eary
Passed an o d on August 26, 2013.
Mayor Lo is lk.RigV
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August 12-13, 2013 City Council Meeting Minutes