HomeMy WebLinkAbout2014-01-27 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 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JANUARY 27, 2014
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, January 27, 2014, 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 6:03 p.m. Members of Council present:
Councilmembers Engelken, Leonard, Zemanek, Kaminski, Mosteit, Martin, and Moser. Absent:
Councilmember 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 Philip Dunn, Lighthouse Baptist Church.
3.
4.
5.
6.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Presentation — 2012 Comprehensive Annual Finance Report — Mayor Rigby
Mayor Rigby presented Finance Director Michael Dolby with the award for the 2012
Comprehensive Annual Finance Report.
(b) Presentation — 2012 Popular Annual Financial Report — Mayor Rigby
Mayor Rigby presented Finance Director Michael Dolby with the award for the 2012 Popular Annual
Financial Report.
PUBLIC COMMENTS (Limited to five minutes per person.)
Richard Warren 8739 Collingsdale, addressed Council regarding trucks and trailers parked in public
parking lots.
David Brady, 2405 Andrews Ct., addressed Council in opposition to the proposed truck stop in
La Porte. Mr. Brady suggested the City move forward with conducting a professional truck study.
Phillip Hoot, 927 Seabreeze, addressed Council in agreement with David Brady.
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 January 13, 2014 — P. Fogarty
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(b) Consider approval or other action regarding an Ordinance calling the 2014 General
Election of the City of La Porte, Texas for May 10, 2014, for City Council At -Large
Position B, Councilperson District 1, and Councilperson District 6 — P. Fogarty
(c) Consider approval or other action regarding an Ordinance calling a Special Election of the
City of La Porte for May 10, 2014 to permit voting for or against proposition providing for
reauthorization of the Local Sales and Use Tax in the City of La Porte at the rate of
one-fourth of one percent to continue providing revenue for maintenance and repair of
municipal streets — P. Fogarty
(d) Consider approval or other action authorizing the City Manager to expend up to $30,000.00
for the 2014 Household Hazardous Waste Collection Event — D. Mick
(e) Consider approval or other action regarding an Ordinance amending the City of La Porte
FY 2013-2014 Budget — M. Dolby
Regarding Item D, Councilmember Martin questioned if the cities of Morgan's Point and Shoreacres
are monetarily participating in the event. Public Works Director Dave Mick responded there would
likely be no City cost due to anticipated contributions up to $24,500 from the LEPC and WCA.
Councilmember Martin questioned if the time of the event could be expanded. Mr. Mick responded
the City can look into expanding the hours next year or in the future. Councilmember Martin then
questioned if there was a proper way or opportunity to dispose of paint or other hazardous
materials throughout the year. Mr. Mick responded the only options are to wait for this event or drop
off at other locations set up specifically for this purpose.
Councilmember Engelken moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek,
Mosteit, Martin, Leonard and Moser
Nays: None
Absent: Councilmember Clausen
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the following ordinances:
Ordinance 2014-3504: AN ORDINANCE CALLING THE GENERAL ELECTION OF THE CITY OF LA
PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND
POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION
OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY
VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION;
PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE FOR CANDIDATES; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Ordinance 2014-3505: AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE
TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE REAUTHORIZATION OF THE LOCAL
SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT
TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS"
DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING
MACHINES; APPOINTING ELECTION OFFICIALS PROVIDING FOR METHOD AND DATES OF EARLY
VOTING; PROVIDING AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS
OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2014-35064: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE
CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30,
2014; 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.
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7. AUTHORIZATIONS
(a) Consider approval or other action regarding proposed TIRZ Development Agreement
between the City of La Porte, La Porte Redevelopment Authority, Reinvestment Zone No. 1,
and Beazer Homes Texas, LP - S. Livingston (Postponed at the December 9, 2013,
meeting until January 27, 2014, meeting.)
Economic Development Coordinator Scott Livingston presented a short summary.
Councilmember Moser moved to postpone Items 7a, b, c, and Items 8a, b, c, and d until the
February 10, 2014. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek,
Martin, Mosteit, Leonard and Moser
Nays: None
Absent: Councilmember Clausen
(b) Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ
No. 1, City of La Porte, Texas - S. Livingston (Postponed at the October 28, 2013, and
December 9, 2013, meetings until January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
(c) Consider approval or other action regarding an Ordinance accepting and adopting
amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan - S. Livingston
(Postponed at the October 28, 2013, and December 9, 2013, meetings until
January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
8. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation by the Planning and
Zoning Commission to approve an update to the Future Land Use Plan component of the
Comprehensive Plan of the City of La Porte to change future land use classification for tract
located northwest of Sens Road and Spencer Highway from commercial to low -density
residential - T. Tietjens (Postponed at the October 28, 2013, and December 9, 2013,
meetings until January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
(b) Consider approval or other action regarding an Ordinance adopting an update to the Future
Land Use Plan component of the Comprehensive Plan of the City of La Porte to change
future land use classification for tract located northwest of Sens Road and Spencer
Highway, from commercial to low -density residential - T. Tietjens (Postponed at the
October 28, 2013, and December 9, 2013, meetings until January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
(c) Public Hearing to receive comments regarding recommendation by the Planning and
Zoning Commission to approve Rezone Request # 13-92000002, for the rezoning of a
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway, from
General Commercial (GC) to Low Density Residential (R-1) - T. Tietjens (Postponed at the
October 28, 2013, and December 9, 2013, meetings until January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
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(d) Consider approval 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
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from
General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens (Postponed at the
October 28, 2013, and December 9, 2013, meetings until January 27, 2014, meeting.)
Item postponed until the February 10, 2014, meeting. See minutes for Item 7a.
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the City of La Porte Municipal Code, Section 70-179,
Parking time limit for trailers, semitrailers and other types of trailers; and truck routes — K.
Adcox
Police Chief Ken Adcox presented a summary and advised, according to the current City of
La Porte Code of Ordinances, in Article V. Section 70-179, it is unlawful for any person to knowingly
leave, stand or park a commercial vehicle at any location along the truck route unless the location is
authorized to accommodate truck parking. Chief Adcox advised that the Police Department has
been strictly enforcing the ordinance as requested for the past 60 to 90 days, which has caused
controversy. Chief Adcox advised there have been questions from business owners for the specific
meaning of the wording "authorized to accommodate truck parking." Owners state they are
authorizing the trucks to park in their lots. Chief Adcox advised Council the ordinance does not
define the meaning of "authorized to accommodate truck parking," which makes it difficult to provide
direction to allow truck parking at businesses. Chief Adcox stated Council may want to consider
amending the ordinance by changing the wording from "specifically authorized to accommodate
truck parking" to "specifically designed and marked to safely accommodate truck parking." What
that would mean is if someone builds a new building along a truck route, and they want to allow
trucks to park there, they would need to show it in the site plan and parking plan and show striping
that would allow for trucks to safely park there. If the City approves it, then it would fall under the
law as specifically designed and marked to safely accommodate truck parking. If someone wants
to amend an existing parking plan at an existing building, one could request a permit to reconfigure
and re -stripe accordingly. As it stands, it is so vague and ill-defined, staff is having difficulty
explaining it.
Councilmember Mosteit stated there seems to be some conflict between the truckers and their
interpretation of the law and Council's interpretation of the law. Do we need Legal to give us an
interpretation before we enforce this? Are we on legal ground?
Councilmember Zemanek asked how long has the ordinance been in effect. Police Chief Adcox
responded, "...for decades." Councilmember Zemanek stated, "And we are just now finding out we
have a problem with it. Chief Adcox responded yes, sir, after the Police Department began strictly
enforcing the ordinance. Councilmember Zemanek commented he is opposed to where the trucks
have been found parking. He stated finding eight trucks at Burger King and Kroger during lunch is
atrocious when they have the opportunity to stop at three other sites in the City. He asked what the
cities of Bellaire, Seabrook, and Piney Point do; why are we any different. Councilmember
Zemanek commented the City should move forward with enforcing the ordinance.
Councilmember Moser commented he agrees with David Brady regarding appointing a citizen
committee to work with the Police Department and business owners to review and discuss the rules
and regulations, and come back to Council in the future with a master plan for the City and trucks.
Councilmember Kaminski commented she has concerns with 18 wheelers sitting at Five Points at
5:00 a.m. They are parking behind Main 101; and down by Lunsford's, they are just sitting and
waiting to get to the Port. Councilmember Kaminski also commented that DOT inspections quit at
3:00 p.m.; and trucks are accessing the Port from 3:00 p.m. — 7:00 p.m. from Blackwell and Lobit,
and through the neighborhood. She stated more and more trucks are getting on Main Street. Any
time you want to, you can see all numbers of trucks at 5:00 a.m. waiting to get to the Port. She
stated she is not against trucks, that they deliver her products so she can make a living; and she
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depends on them like everyone else does. She is not against trucks making a living and supports a
study to be conducted as mentioned by David Brady and Councilmember Moser.
Mayor Rigby commented he received a letter from the Texas Trucking Association, and the City is
asked that Council abstain from action on this item until the Federal Highway Administration has
had time to investigate, and he further asks that municipal law enforcement abstain from issuing
citations under the authority of this ordinance. The Mayor read from the letter, "Because all
violations impact the safety rating of the drivers and carriers, alike, all citations issued under this
ordinance must be contested under the grounds of the federal statute noted above." The Mayor
went on to say that in this letter and the one he received from Steve Stewart, they talk about
jeopardizing the loss of hundreds of millions of dollars in federal funding through the Texas
Department of Transportation. Mayor Rigby added that, as Councilman Mosteit pointed out,
someone from the legal side would have to tell us what liability or exposure we would have.
Mayor Rigby asked Chief Adcox if he knows how long the FHWA's investigation will take. Chief
Adcox stated he cannot say how long it will take, but that copies of documents and maps have
been provided to the investigator. He does not know the timeframe.
Mayor Rigby also agrees with Mr. Brady and Councilmember Moser regarding hiring an expert to
conduct a study and advise Council of options; but in the interim, Council needs to provide to the
City Manager direction to enforce the ordinance or do what the City has been doing in the past and
allow reasonable accommodation for fuel, rest and food. He asked the City Manager if that's a fair
statement? The City Manager replied, "Yes, sir."
The Mayor stated Council probably needs a motion for the ordinance change; and a motion to hire
a consultant; or not to enforce the ordinance until an investigation... Mayor Rigby paused and then
asked the city attorney for help with what is needed. Assistant City Attorney Clark Askins stated it
would be good to have separate motions on these items. The Mayor then stated regarding the
agenda item to amend Section 70-179 of the Municipal Code of Ordinances, he will entertain a
motion.
Councilmember Zemanek moved to change the wording from "specifically authorized to
accommodate truck parking" to "specifically designed and marked to safely accommodate truck
parking." Councilmember Kaminski seconded.
Discussion ensued. Councilmember Martin asked if this would apply to new businesses only, or
does it apply to existing businesses. How would existing businesses accommodate the new
ordinance change? Police Chief Ken Adcox responded if the parking lot is not currently designed
for truck parking, the business would submit to the City for approval with a designed site plan for
parking.
Councilmember Moser wanted clarification on the following: If we have existing hotels that have
tractors staying at them, they're not going to be able to stay if the parking lot is not striped properly?
City Manager Alexander stated, that is correct. Chief Adcox responded, not according to our
existing ordinance.
Chief Adcox stated the agenda item to adjust the definition was placed on the agenda prior to that
complaint coming in. He then provided some statistics. In the last 30 days, officers took action on
136 on -view truck route violations; only 5 complaints came in on truck route violations or truck
parking violations where a citizen called something in; but 136 times officers spotted a truck route
violation and took some sort of appropriate action. He believes that is why we are having these
complaints because officers are enforcing the ordinance.
Mayor Rigby questioned whether a truck parked at Kroger or Burger King is a violation of the truck
route. Chief Adcox responded, "Yes. The parking lot is not a part of the truck route." Mayor Rigby
stated, "So we are going to tell Port Auto Truck Stop that they can no longer park the 40-50 trucks
that they have in their parking lot because that is not on a designated truck route." Chief Adcox
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responded that is why the ordinance needs to be revisited. Chief Adcox informed that the
ordinance specifically speaks to origin or destination for pick-ups and deliveries, places to have the
trucks serviced, and does not even address truck stops. He added there is even some confusing
definition of a truck, as well.
Mayor Rigby asked if this ordinance is changed as requested, is the Police Department going to
start issuing citations to trucks parked at Port Auto Truck Stop. Chief Adcox responded, "No.
Would it be a violation of the ordinance? Technically, probably so. But using the spirit of the
ordinance, what we believe the spirit of the law is, it would not be something we would take
enforcement action against." Mayor Rigby then stated, "So, what you're saying is... is that this
ordinance would give the police department authority to pick and choose whether to enforce the
ordinance." Chief Adcox said, "No, sir, I'm not saying that at all." Chief Adcox stated that the way
the ordinance is written, it is very vague; and there is no definition for what is specifically authorized
to accommodate truck parking, and we are trying to tighten that up and provide more information for
those who want to come into compliance. Mayor Rigby restated his original question, "Okay, once
again. If a truck is parked in the parking lot at Port Auto Truck Stop, they are off the truck route just
as if they were parked next to Burger King; is that correct?" Chief Adcox responded, "That's
correct." Mayor Rigby said police can write a ticket to a truck parked at Port Auto the same as they
can for a truck parked at Burger King. Chief Adcox stated that is correct, the way the ordinance is
written today; and he went on to say the proposed ordinance change would not fix that. Mayor
Rigby stated, "So, again, you're saying you wouldn't write tickets down at Port Auto Truck Stop, but
you are going to write tickets at Burger King." Chief Adcox stated, "Yes, we've been asked to
strictly enforcement that, yes, sir."
Councilmember Leonard commented why make a change to the ordinance if it does not resolve the
problem. Voting to change the ordinance to something we don't even know where we stand legally
at this point is a moot point. We need to work through the situation, and find out where we stand to
make sure we don't have an ordinance that is vague and doesn't fit the circumstances, and may
even get us into a bigger mess. Doing a survey or getting an expert in here to find out what we can
do, why don't we wait before we start making changes. It doesn't seem logical to him. He stated
because of everything we may be at not writing any tickets, kind of going back the way it was 6
months ago, until we get to the bottom of this thing.
Assistant City Attorney Clark Askins advised the City does not know for certain where things stand
or are going to end up because of the pending complaint that has been filed with the Federal
Highway Administration and the pending investigation. Mr. Askins advised during this waiting
period, he is not too concerned with continued enforcement if desired by Council due to the City not
being in violation of any criminal law. We won't know exactly where we stand until the investigation
is done.
Mayor Rigby questioned Chief Adcox regarding the 136 violations off the truck route. Chief Adcox
clarified there were 136 calls generated by an officer that related to truck route violations. Mayor
Rigby asked about the five citizen complaints, and whether they stemmed from trucks being parked
in a parking lot or traveling in a residential area. Chief Adcox responded there were a total of 9 and
PD went through manually and eliminated any involved in `other than truck routes.' He stated he
can't promise there weren't any 'truck in a neighborhood call,' but it was a way to provide quick
numbers.
Councilmember Zemanek questioned out of 137 (sic) violations, how many were issued citations.
Police Chief Ken Adcox responded 20. He was not aware of the reason for only 20; he would need
to get with each individual officer. Councilman Zemanek stated we issued only 14 percent.
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Mayor Rigby reminded of the pending motion before Council, made by Councilmember Zemanek
and seconded by Councilmember Kaminski, to change the Ordinance wording from "specifically
authorized to accommodate truck parking" to "specifically designed and marked to safely
accommodate truck parking"; and it was put to a vote. MOTION FAILED.
Ayes: Councilmembers Engelken, Kaminski, Zemanek and Mosteit
Nays: Mayor Rigby, Councilmembers Martin, Moser and Leonard
Absent: Councilmember Clausen
Councilmember Martin moved to hire a consultant and form a citizen action committee to work
hand -in -hand with law enforcement and Legal and come up with an ordinance that addresses all of
Council's concerns. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Martin,
Moser, Leonard, Zemanek and Mosteit
Nays: None
Absent: Councilmember Clausen
Councilmember Zemanek made a motion to continue monitoring and citing the violators as the
ordinance calls for currently, stating he wants to enforce the ordinance as written. Mayor Rigby
asked if that includes the trucks at the Port Auto Truck Stop? Councilmember Zemanek said, "No."
Mayor Rigby stated if it is enforced as it is written, they would be in violation.
Councilmember Martin asked whether the term "the spirit of the law" is a legal term. Does it allow
the police officer to determine who should be ticketed? Chief Adcox stated that is called police
discretion. The question was out of 136 violations, why did only 20 result in a ticket. If an officer
spots a truck at the Burger King, there is a 100-percent zero tolerance enforcement that's been
directed. And that means that they have to take enforcement action on any violation that they
observe. The type of enforcement action in policing, across the nation, is the officer has discretion
on the totality of the circumstances what they think is most appropriate. And that could range from
a verbal warning, a written warning, it could be a citation, or it could be an arrest. So, in the
majority of those cases, if they are nonhazardous, not plackarded loads, parked responsibly other
than they violated our ordinance, my instinct is that the officers felt it was appropriate to ask them to
leave and not give them a ticket. But that is police discretion; that's what you are seeing.
Councilmember Martin said it makes sense to put up some `No 18-Wheeler' parking signs, which
might help to solve some of the problems. Mayor Rigby asked if the City can put up signs on
private property? The consensus answer was no.
Chief Adcox further stated that he would be remiss if he did not clarify that there is no violation at
all, including hazardous violations, and these are typically nonhazardous violations, where he, as
the Chief of Police, mandates that officers write a ticket in every single instance. It is always at the
officer's discretion. He, as the Chief of Police, would not be comfortable with that kind of a
mandate.
Mayor Rigby asked Chief Adcox if he had received a directive for zero tolerance from the City
Manager. Chief Adcox clarified — zero tolerance, as far as enforcement action goes. He further
stated that while the City Manager has indicated how important it is to enforce this ordinance, and
they had discussions about it, the direction came from himself to his officers.
Mayor Rigby then stated that with the pending motion, if it passes, the direction would be to enforce
the ordinance city-wide, including Port Auto Truck Stop.
Councilmember Zemanek stated, to make it easier, he withdrew his motion, citing the City already
has an ordinance in place to be enforced.
Councilmember Zemanek then addressed Chief Adcox stating we have 136 violations, with 20
citations being issued; and he'd be willing to bet none of these people pay taxes in the City. He
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commented to the Chief he wonders out of 136 taxpayers stopped for speeding violations, what
would be the percentage of those receiving a citation. He stated he doesn't need an answer; it is
just a comment.
Mayor Rigby commented Council, as a governmental body, still needs to provide direction to the
City Manager, whether it is zero tolerance, go back to what it was, wait until the investigation is
over, wait until we've hired a consultant.... Council needs to give the City Manager direction.
Councilmember Mosteit stated the Chief has addressed that he is uncomfortable with zero
tolerance; and should let officers have discretion as is the common practice across the nation, and I
think we should respect that. Councilmember Mosteit stated he is also concerned that if we quit
writing citations at the moment because this has come to the forefront, there will be more abuse of
it in a lot of areas where they shouldn't be.
Councilmember Mosteit stated, "Let our police force enforce their discretion, as they see fit as far
as the intent of the law. I think that's .... I'd like to put that in the form of a motion — to let the police
chief enforce the ordinance as he has been to this point." Councilmember Moser seconded.
Councilmember Martin asked, "The motion is to keep the status quo for now, is that basically what I
heard, to allow the police department to use their discretion?" Mayor Rigby stated, "Correct." He
then asked Chief Adcox if that is the way he understands it. Chief Adcox stated, yes.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Martin,
Moser, Zemanek and Mosteit
Nays: Councilmember Leonard
Absent: Councilmember Clausen
(b) Discussion or other action regarding the proposed 2014 Marketing Plan for tourism
promotion — T. Leach
Assistant City Manager Traci Leach presented a summary and provided an update to questions
from Council from the last discussion for the proposed 2014 Marketing Plan for tourism promotion.
Councilmember Mosteit left the table at 7:01 p.m. and returned at 7:04 p.m.
Ms. Leach informed Council the City would be covered under the category of "governmental
functions" as defined by the Texas Tort Claims Act (TTCA) for shuttle service and advised staff
proposed not to operate a shuttle with City staff and vehicles and recommends to contract with a
service.
Councilmember Zemanek asked why aren't the hoteliers supplying their own shuttle service.
Ms. Leach responded that Mr. Klingman and Comfort Suites have been calling for car or taxi
service because the folks want to leave their cars at the hotel instead of parking at the Port;
therefore, some are providing some type of service. Councilmember Zemanek commented he fails
to see the need for the City to provide shuttle service.
Mayor Rigby also agreed he does not see the need for a shuttle service.
Councilmember Engelken suggested no shuttle service participation at all.
Mayor Rigby asked Council their thoughts on a Cab Voucher Program. Councilmember Leonard
commented not now; maybe a validation system later.
Councilmember Martin commented he would like to revisit the item in the future when retail
destination options are available in the City.
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Assistant City Manager Traci Leach provided a summary for an Event Venue Incentive. Staff was
advised to move forward.
Assistant City Manager Traci Leach provided a summary regarding a Digital Sign to promote
community and special City events.
Councilmember Moser asked if the sign messages rotate. Ms. Leach responded the sign can be set
to cycle through messages.
Staff was advised to move forward. Councilmember Zemanek objected to staff moving forward.
10. REPORTS
(a) Receive report of Fiscal Affairs Committee — Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee which took place at a
meeting held just prior to this council meeting, including advising that a Franchise Fee Audit will be
coming to Council for award in the near future, that the Procurement -Card Program will be
expanded, and the next meeting will be held March 10, 2014.
(b) Receive Quarterly Report on Planning Audit — T. Tietjens
Planning and Development Director Tim Tietjens provided a Quarterly Report on the Planning
Audit. Mr. Tietjens reported the Long Term actions are about to begin and advised Council of staff
concerns with `Trade Permits'.
Mayor Rigby advised Planning and Development Director Tim Tietjens to do what was advised in
the audit; and if it is an issue arises in the future, to come back to City Council.
(c) Receive Strategic Plan Update — T. Leach
Assistant City Manager Traci Leach provided an update on the Strategic Plan. There were no
questions.
(d) Receive Delinquent Tax Report — T. Leach
Assistant City Manager Traci Leach provided the Delinquent Tax Report. There were no questions.
11. ADMINISTRATIVE REPORTS
(a) Receive report from City Manager
• La Porte Development Corporation Board Meeting, Monday, February 10, 2014
• City Council Meeting, Monday, February 10, 2014
City Manager Corby Alexander congratulated the Finance Department on the awards
and thanked Emergency Services for working to keep everyone safe during the cold
weather and ice situation last Friday. In addition, Mr. Alexander informed Council his
goal is to continue City services on Tuesday and Wednesday, as well.
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 — Councilmembers Engelken, Mosteit, Clausen, Martin, Moser,
Kaminski, Zemanek, Leonard and Mayor Rigby.
Councilmember Engelken congratulated the Finance Department; Councilmember Mosteit
congratulated the Finance Department and invited Council, staff and the public to visit the
renovated Lomax Arena; Councilmembers Martin, Zemanek and Leonard congratulated the
Finance Department and Karen Rigby for her Volunteer of the Year award from the La Porte
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Chamber of Commerce; Councilmember Moser congratulation the Finance Department;
Councilmember Moser congratulated the Finance Department and Karen Rigby for her Volunteer of
the Year award from the La Porte Chamber of Commerce, and reminded everyone of the upcoming
Food Drive; Councilmember Kaminski congratulation the Finance Department, congratulated Karen
Rigby for her Volunteer of the Year award from the La Porte Chamber of Commerce, and thanked
the Public Works and Police and Emergency Medical Service Departments for their work during the
freezing weather; Mayor Rigby congratulated the Finance Department and thanked everyone
involved in keeping the city safe during the freezing weather.
13. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
7:47 p.m. Councilmember Leonard seconded. MOTION PASSED.
Patrice Fogarty, it SecretYry
Passed aJd,4pp)JvAd on February 10, 2014.
Page 10 of 10
January 27, 2014, Council Meeting Minutes