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.
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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.
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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
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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.
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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
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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
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