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HomeMy WebLinkAbout2013-08-26 Regular Meeting of La Porte City Council minutesLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District ? CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE August 26, 2013 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 26, 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 Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation — "Texas Krush Day" — Mayor Rigby Mayor Rigby presented a proclamation to the Texas Krush baseball team proclaiming "Texas Krush Day." Texas Krush is a 14U Nations Elite select baseball team that went to Arvada, Colorado and won the AAYBA World Series. (b) Recognition — "Employee of the "Third Quarter'— Christopher Brooks (Solid Waste) — Mayor Rigby. Mayor Rigby recognized Christopher Brooks as the Employee of the Third Quarter. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia., addressed Council representing stray animals and thanked Council for the new Animal Shelter and advised he would like the Texas Parks and Wildlife Building to showcase the animals during Christmas on Main Street. Mr. Rosa also addressed Council regarding the recently approved Conflict of Interest and Ethics Ordinance and suggested a $2,500 penalty and six months in jail for the first violation. Lois Rogerson, 10319 Belfast, thanked Council for refurbishing the pool in her subdivision. JoAnn Pitzer, 10011 Carlow Ln., thanked Council for voting in favor of improving the pool and basketball court in her subdivision, in addition to replacing a couple of stop signs. Lloyd Frazier, 10322 Shell Rock Rd., thanked Council for their good work in La Porte and informed Council the pool in Fairmont Park is in need of refurbishing. Donald Thorsen, 1250 S. 131h, addressed Council in support for Bay Area Houston Convention and Visitors Bureau and encouraged continued funding of the City's membership. Page 1 of 6 August 26, 2013, Council Meeting Minutes Doug Briggs, 900 Parkway, addressed Council in support for Bay Area Houston Convention and Visitors Bureau by continued funding of City's membership. Mr. Briggs also shared with Council he visited the Painted Pony & Quilts and did not know there was 8500 square feet of floor space at the location. Michael Giangrosso, 3405 Ocean Ridge Circle, in Seabrook addressed Council. He stated he is a Seabrook councilman and urged support for Bay Area Houston Convention and Visitors Bureau by funding the City's membership. Pam Summers, President of the Bay Area Houston Convention and Visitors Bureau, addressed Council requesting continued City membership. 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 and Budget Workshop held August 12-13, 2013 — P. Fogarty (b) Consider approval or other action regarding a Resolution nominating Equistar Chemicals LP (Equistar), a subsidiary of Lyondell Chemical Company, a triple jumbo Texas Enterprise Project (EP) for the company's investment and activity related to its plant in La Porte — S. Livingston (c) Consider approval or other action regarding an Ordinance amending Chapter 2 "Administration" of the Code of Ordinances by revising standards related to review of financial records of certain bidders on construction contracts — M. Dolby (d) Consider approval or other action authorizing the City Manager to enter into a contract with Crescent Electric for the installation of a 300kw generator at the Bandridge Water Plant — J. Garza Councilmember Engelken moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None Prior to the vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3419: AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES BY REVISING STANDARDS RELATED TO REVIEW OF FINANCIAL RECORDS OF CERTAIN BIDDERS ON PUBLIC WORKS CONTRACTS; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action regarding an Ordinance amending Chapter 2 "Administration" of the Code of Ordinances by revising rules related to authorization of change orders to city contracts — T. Leach Assistant City Manager Traci Leach presented a summary. Councilmember Martin moved to adopt Ordinance 2013-3492 amending Chapter 2 "Administration" of the Code of Ordinances by revising rules related to authorization of change orders to City contracts, Councilmember Mosteit seconded. MOTION PASSED. Page 2 of 6 August 26, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None Prior to the vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3492: AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES BY REVISING RULES RELATED TO AUTHORIZATION OF CHANGE ORDERS TO CITY CONTRACTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERBILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding commissions and committees — Mayor Rigby appointing members to various City boards, City Secretary Patrice Fogarty presented a summary. Councilmember Moser commented regarding the Zoning Board of Adjustment that he would like to move Lawrence McNeal up from Alternate 1 to Position 5 and Sherman Moore from Alternate 2 to Alternate 1. Mayor Rigby requested staff bring back appointments to the La Porte Fire Control Prevention & Emergency Medical Services District Board. Councilmember Martin volunteered to serve as Alternate on the Drainage and Flooding Committee. Councilmember Moser nominated Councilmember Kaminski to serve as Alternate on the Fiscal Affairs Committee. Councilmember Zemanek moved to appoint Lawrence McNeal to Position 5 and Sherman Moore to Alternate 1 on the Zoning Board of Adjustment; Councilmember Jay Martin as Alternate on the Drainage and Flooding Committee; and Councilmember Kaminski as Alternate 2 on the Fiscal Affairs Committee. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None (b) Discussion or other action regarding follow-up items — T. Leach • Marketing/Public Relations Specialist position • Funding for Bay Area Houston Convention and Visitors • Fairmont Pool renovations Assistant City Manager Traci Leach presented a summary. Councilmember Zemanek questioned the voting order regarding the Marketing/Public Relations Specialist position, funding for Bay Area Houston Convention and Visitors Bureau and Fairmont Pool renovations. Councilmember Zemanek advised he preferred to vote on funding for Bay Area Houston Convention and Visitors Bureau before considering the Marketing/Public Relations Specialist position. Councilmember Engelken asked who the Marketing/Public Relations Specialist position would report to. Assistant City Manager Traci Leach responded the position would report to her. Councilmember Engelken asked what are the consequences of not having the Marketing/Public Relations Specialist position. Assistant City Manager Leach responded that staff from Emergency Management, the City Secretary's Office, the Planning Department, and the Economic Development Coordinator have been assisting in some of these duties; but the City has not been Page 3 of 6 August 26, 2013, Council Meeting Minutes taking advantage of new opportunities to communicate with the public. Ms. Leach advised if Council is okay with the present level of services, staff will continue at that level. Councilmember Leonard questioned if staff has determined the cost to outsource the services vs hiring a new position. Ms. Leach responded staff has not but will be happy to put something together. Councilmember Martin commented he is in favor of creating the position. Councilmember Engelken commented he has researched the position by comparing it to the Intergovernmental Relations position at the Harris Galveston Area Council, and there is work for the position. Mayor Rigby questioned if staff knew how much funding other cities have set aside for advertisement. Ms. Leach responded she does not but can get the information for Council. Councilmember Leonard asked how much advertising is spent specifically on La Porte. Pam Summers, President of the Bay Area Houston Convention and Visitors Bureau, responded roughly $79,000. Councilmember Zemanek commented he wants La Porte to be advertised specifically, and that La Porte hotels are busy Sunday through Thursday with working folks, not tourists. Councilmember Zemanek also commented he would prefer to see a person working for the City solely for La Porte. Councilmember Martin commented the City can do a better job creating activities on weekends and advertising events, and the Bay Area Houston Convention and Visitors Bureau is a tool he will support. Donald Thorsen, Candlewood Suites, addressed Council and commented the City does get business from regional attractions and events. Councilmember Zemanek commented he would like to vote out of order regarding funding for Bay Area Houston Convention and Visitors Bureau. Mayor Rigby asked if Council objects to doing so. There were no objections by Council to voting out of order. Councilmember Leonard moved to discontinue the agreement with Bay Area Houston Convention and Visitors Bureau. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Councilmembers Engelken, Kaminski, Zemanek, Leonard and Moser Nays: Mayor Rigby, Mosteit, Martin and Clausen Absent: None Councilmember Engelken moved to approve the Marketing/Public Relations Specialist position and to allot a portion of the funding from what was allocated for membership in the Bay Area Houston Convention and Visitors Bureau. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Councilmembers Engelken, Kaminski, Mosteit, Martin, Clausen, Zemanek, Leonard and Moser Nays: Mayor Rigby Absent: None Councilmember Clausen commented the City should offer affordable swimming lessons and promote the lessons. Page 4 of 6 August 26, 2013, Council Meeting Minutes Councilmember Clausen moved to go forward with the Fairmont Pool renovations as presented. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Mosteit, Martin, Clausen, Zemanek, Leonard and Moser Nays: None Absent: None (c) Discussion or other action regarding funding the conversion of part-time Golf Course Worker 1 to full-time and additional full-time Golf Course Worker 1 position — C. Alexander City Manager Corby Alexander presented a summary and advised the part-timer is currently working 35 hours, and the City may be required to pay health insurance. Mr. Alexander also advised the part-time employees are receiving TMRS. Councilmember Zemanek questioned why the item was not presented to Council during the Budget Workshop if there is a need to convert positions. City Manager Corby Alexander responded the item should have been presented during the Budget Workshops. Councilmember Leonard asked whether working over 32 hours a week is considered a full-time employee. City Manager Corby Alexander responded the law states three different ways to ascertain whether an employee is eligible for full-time benefits; and it does not reference a particular number of hours. Councilmember Engelken moved to approve the positions as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Mosteit, Martin, Clausen, Zemanek, Leonard and Moser Nays: None Absent: None 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 meeting which was held just prior to this council meeting. 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • La Porte Development Corporation Board Meeting, Monday, August 26, 2013 • Labor Day Holiday Observed, Monday, September 2, 2013 • City Council Meeting, Monday, September 9, 2013 • City Council Meeting, Monday, September 23, 2013 City Manager Corby Alexander reported there will be a Food Distribution held at the Jennie Riley Community Center on August 31, 2013, from 9:00 a.m. — 11:00 a.m. 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 Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard and Mayor Rigby. Councilmembers Engelken, Clausen and Martin congratulated Christopher Brooks, the City's Employee of the Third Quarter, and the Texas Krush. Councilmember Mosteit congratulated Christopher Brooks, the Texas Krush, and commented the 25th Anniversary of the Golf Course was a great event. Councilmember Kaminski stated she heard the 25th Anniversary of the Golf Course Page 5 of 6 August 26, 2013, Council Meeting Minutes was a great event, and she congratulated Christopher Brooks and the Texas Krush. Councilmember Zemanek congratulated Christopher Brooks and the Texas Krush; and informed he took a tour of Lomax Arena; and the facility is looking great. Councilmember Leonard congratulated Christopher Brooks and the Texas Krush, and thanked Assistant Fire Chief Donald Ladd and his staff for providing him health services last Tuesday. Mayor Rigby congratulated Christopher Brooks, the Texas Krush, and the recipients at the Police Recognition Ceremony he attended last week. He advised of a meeting he, Councilmember Engelken and City Manager Alexander attended last week with Congressman Stockman regarding Biggert Waters and flooding in District 2. He commented the 25th Anniversary of the Golf Course was a great event and thanked Bob Mooney and staff for their work during the tournament. 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 551.072 — Deliberation regarding purchase, exchange, lease or value of real property: Discussion regarding former Texas Parks and Wildlife building. 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 7:45 p.m. to discuss the former Texas Parks and Wildlife building and deliberate concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager. 14. 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 discussion of the former Texas Parks and Wildlife Building, Council directed City Manager Corby Alexander to contact the City's agent with instructions to reduce the price by $100,000. Regarding deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander, Council advised Mr. Alexander will be evaluated in February 2014 and at that time Council will discuss an extension to his employment contract. 15. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:42 p.m. Patrice Foga , ity S etary Passed pn ^edlon September 9, 2013. Ma Page 6 of 6 August 26, 2013, Council Meeting Minutes