HomeMy WebLinkAbout2014-09-08 Regular Meeting of La Porte City Council minutesLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember At Large A
DOTTIE KAMINSKI -
Mayor Pro Tem
Councilmember At Large B
DANNY EARP
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 8, 2014
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, September 8, 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 6:01 p.m. Members of Council present:
Councilmembers Kaminski, Clausen, Earp, Leonard, and Martin. Absent: Councilmembers
Engelken, Moser and Zemanek. Also present were Assistant City Secretary Sharon Harris, City
Manager Corby Alexander, and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Windell Gill, First Baptist Church of La Porte.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Dottie
Kaminski.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Barbara Norwine, 202 S. Lobit, spoke in support of an Ordinance allowing the sale of alcoholic
beverages for on -premises consumption at Broadway Cafe.
5. 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 Meeting, including a
Budget Workshop Meeting held on August 11-12, 2014 and the minutes of the Regular
Meeting held on August 25, 2014— S. Harris
(b) Consider approval or other action regarding a Resolution authorizing the resale of certain
tax delinquent properties located in Block 201, Lots 9,10 & 11 and Block 201, Lot 12, Town
of La Porte — K. Powell
(c) Consider approval or other action authorizing the City Manager to execute an amended
agreement between the City of La Porte and the La Porte Boy's Baseball Association
regarding the use of Designated Youth Baseball Facilities (This item was pulled from the
agenda at the August 25, 2014 meeting) — T. Leach/R. Epting
(d) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the northernmost 159' of the alley in Block 715, La Porte; retaining a 16' foot wide
utility easement — T. Tietjens
(e) Consider approval or other action awarding Bid No. 14028 for Temporary Personnel
Services — Solid Waste Worker — D. Mick
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September 8, 2014, Council Meeting Minutes
Councilmember Leonard moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Kaminski, Earp,
Leonard, and Martin
Nays: None
Absent: Councilmembers Engelken, Moser and Zemanek
Prior to council action, Assistant City Attorney Clark Askins read the caption of Resolution 2014-05: A
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3535: AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 715,
LA PORTE; RETAINING A 16' WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING' COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
6. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by City Staff to authorize a
variance to Section 6-2, of the Code of Ordinances of the City of La Porte, by allowing the sale of
alcoholic beverages for on- premise consumption at Broadway Cafe located at 1023 S. Broadway
(This item was pulled from the agenda at the August 25, 2014 meeting) — T. Tietjens
The public hearing was opened at 6:08 p.m.
City Planner Eric Ensey presented a summary.
Councilmember Leonard questioned the proposed hours of operation at Broadway Cafe due to his
concerns of Friday night football games. Jaime Suarez, owner of Broadway Cafe' approached the
microphone and responded, 6:00 a.m.-9:00 p.m. and the restaurant will be closed before the ending
of the football games.
Councilmember Earp questioned if the 300 feet distance is the state law. Assistant City Attorney
Clark Askins responded yes, and the City of La Porte adopted the 300 foot rule years ago.
Councilmember Earp then questioned if staff knows of any history of why the 300 foot rule exist.
Assistant City Attorney Clark Askins responded no.
Councilmember Martin commented the location is close to the school property, but quite a distance
from the front door of the school.
Jimena Suarez, owner of Broadway Cafe addressed Council and informed how difficult it is to
succeed owning a restaurant and how they would like compete with other restaurants in the
community by having the option to sale alcoholic beverages and still own a family style restaurant.
The public hearing closed at 6:13 p.m.
(b) Consider approval or other action regarding an Ordinance authorizing a variance to Section 6-2 of
the Code of Ordinances by allowing the sale of alcoholic beverages for on -premises consumption at
Broadway Cafe, located at 1023 S. Broadway St. (This item was pulled from the agenda at the
August 25, 2014 meeting) — T. Tietjens
Councilmember Martin moved to approve an Ordinance authorizing a variance to Section 6-2 of the
Code of Ordinances by allowing the sale of alcoholic beverages for on -premises consumption at
Broadway Cafe, located at 1023 S. Broadway St. Councilmember Kaminski seconded. MOTION
PASSED.
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September 8, 2014, Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Kaminski, and Leonard
Nays: None
Absent: Councilmembers Engelken, Moser and Zemanek
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3536: AN
ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE OF
ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR V&V SUAZCA
INVESTMENTS, INC D/B/A BROADWAY CAFE, LOCATED AT 1023 S. BROADWAY ST., FOR ON -
PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED FEET OF
LA PORTE HIGH SCHOOL, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(c) Public Hearing to receive comments regarding the City of La Porter's Fiscal Year 2014-2015
Proposed Budget — M. Dolby
The public hearing was opened at 6:14 p.m.
Finance Director Michael Dolby presented a summary.
Councilmember Leonard questioned what will Council have to do in the next year or two in regards
to the Employee Health Insurance. Finance Director Michael Dolby responded a slide is
forthcoming in the presentation that will show the health funds are going to be higher than revenues
but 1.5 million dollars were set aside two years ago to transfer to the fund. Mr. Dolby also added the
fund is monitored on a monthly basis and whenever the fund cash gets in a deficit position staff will
come back to Council for a budget adjustment and transfer the funds at that time.
Councilmember Martin commented the General Property Tax increase of 6.26% for the General
Fund Revenue was due to Harris County and not the City. Finance Director Michael Dolby
responded yes correct. Councilmember Leonard questioned if the increase also includes the new
buildings coming into the City. Finance Director Michael Dolby responded yes.
Councilmember Earp questioned Operating Transfers in the General Fund. Finance Director
Michael Dolby responded funds that are transferred from Hotel/Motel and La Porte Area Water
Authority.
Councilmember Earp questioned the future of controlling and monitoring the Insurance Fund.
Finance Director Michael Dolby responded since the City is self- funded employees are encouraged
to stay In -network rather than Out -of network; the City is with Aetna an excellent carrier that offer
large discounts; and 1.5 million dollars are set aside based on trends. Councilmember Earp
suggested staff begin looking and discussing ways to control the future of the Insurance Fund.
During the presentation of the Hotel/Motel Occupancy Fund, Councilmember Earp commented
Jake Worthington advised him it may be a couple of years before he does a concert in La Porte due
to Mr. Worthington wanting to organize his own acts and music.
Councilmember Martin requested additional details for the $45,000 added for the San Jacinto
Monument Museum Expansion. City Manager Corby Alexander responded the City was requested
to fund Phase I of the expansion project which is the display of exhibits from the archeological work.
Mayor Rigby added before the design of the museum can begin they will have to dig underground
for metal detection of artifacts from the battle and use them for display in the museum.
Councilmember Earp questioned the nature of the Airport Study for $91,000 in the Airport Fund.
City Manager Corby Alexander responded the initial concept of the study was to see if the airport
could be repurposed, and be something totally different than an airport, and staff has since then
been advised by TxDOT that is an option they will not support. Mr. Alexander also added staff
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September 8, 2014, Council Meeting Minutes
looked at things that can be done to improve deficiencies at the airport and came up with a terminal
building or a tower for improvements and to generate more traffic. Public Works Director Dave Mick
added he and City Manager Corby Alexander have been informed by the TxDOT Aviation Director
there is a consultant that has conducted business studies at other airports that can make an airport
more economical viable. In addition, Mr. Mick advised he does not anticipate the cost to be $91,000
and he has contacted TXDOT letting them know the City is ready to move forward with the idea of
working with the consultant and has requested TxDOT to assist with the cost of the study.
Councilmember Clausen questioned if the airport will go back to TxDOT if it is no longer a part of
the City and what will become of the airport. Public Works Director Dave Mick responded it will go
to the Federal Aviation Administration and he is not certain what will become of the airport.
Councilmember Martin questioned if the $91,000 can be pulled from the budget be brought back
with an updated cost for the study. City Manager Corby Alexander responded it can be pulled and
amended after it is determined to what extent TxDOT will participate with the cost.
Mayor Rigby questioned if there are any objections from City Council. There were no objections.
There being no public comments, the public hearing closed at 6:47 p.m.
(d) Consider approval or other action regarding an Ordinance approving and adopting the City of
La Porte's Fiscal Year 2014-2015 Proposed Budget — M. Dolby
Councilmember Leonard moved to pull the $91,000 from the Airport Fund and to approve and
adopt the City of La Porte's Fiscal Year 2014-2015 Proposed Budget. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Kaminski and Leonard
Nays: None
Absent: Councilmembers Engelken, Moser and Zemanek
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3537: AN
ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR
THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; 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.
7. AUTHORIZATIONS/RESOLUTIONS
(a) Consider approval or other action ratifying property tax revenue increase reflected in 2014-
2015 Fiscal Year Budget — M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Clausen moved to ratify property tax revenue increase reflected in 2014-2015
Fiscal Year Budget. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Kaminski and Leonard
Nays: None
Absent: Councilmembers Engelken, Moser and Zemanek
(b) Consider approval or other action regarding a Resolution adopting the 2014 Appraisal Roll
of the Harris County Appraisal District — M. Dolby
Finance Director Michael Dolby presented a summary.
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September 8, 2014, Council Meeting Minutes
Councilmember Leonard moved to adopt the 2014 Appraisal Roll of the Harris County Appraisal
District. Councilmember Earp seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Leonard and Kaminski
Nays: None
Absent: Councilmembers Engelken, Moser and Zemanek
Prior to council action, Assistant City Attorney Clark Askins read the caption of Resolution 2014-06: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2014
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
(c) Consider approval or other action regarding an Ordinance establishing the tax rate for the
current tax year (2014) for a total tax rate of $0.71 per hundred dollar valuation — M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Clausen moved to establish the tax rate for the current tax year (2014) for a total
tax rate of $0.71 per hundred dollar valuation. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Leonard and Kaminski
Nays: None
Absent: Councilmember Engelken, Moser and Zemanek
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3538: AN
ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS MAKING APPROPRIATIONS FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE,
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS
HELD; CONTAINING A REPEALING CLAUSE; CONTAINING
(d) Consider approval or other action awarding Bid No. 14020 for purchase of Electric Golf
Carts. A. Osmond
Golf Course Manager Alex Osmond presented a summary.
Councilmember Leonard questioned what is done with the old golf carts. Golf Course Manager
Alex Osmond responded the golf carts are traded in.
Councilmember Kaminski questioned if the City only order 74 golf carts or can more be ordered.
Golf Course Manager Alex Osmond responded the City had 75 golf carts but now has only 74 golf
carts and that is the number traded in.
Mayor Rigby questioned the delivery time for the golf carts. Golf Course Manager Alex Osmond
responded early October.
Councilmember Martin moved to award Bid No. 14020 for purchase of Electric Golf Carts.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Martin,
Leonard and Kaminski
Nays: None
Absent: Councilmembers Engelken, Moser and Kaminski
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September 8, 2014, Council Meeting Minutes
8. ADMINISTRATIVE REPORTS
(a) Receive report from,City Manager
• Fiscal Affairs Committee Meeting, Monday, September 22, 2014
• La Porte Development Corporation Board Meeting, Monday, September 22, 2014
• City Council Meeting, Monday, September 22, 2014
• Planning and Zoning Commission Meeting, Thursday, September 25, 2014
City Manager Corby Alexander thanked Council for their time and patience preparing the budget
9. 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 Kaminski, Zemanek, Leonard, Engelken, Earp,
Clausen, Martin, Moser, and Mayor Rigby.
Councilmember Kaminski thanked staff for preparing the budget and reported she attended the
Food Drive last weekend; Councilmembers Leonard and Earp thanked staff for preparing the
budget and congratulated Broadway Cafe; Councilmember Martin congratulated Finance Director
Michael Dolby and his staff for the budget process; welcomed Dollar Tree to the community and
congratulated Broadway Cafe and wished them the best, and Mayor Rigby reported he attended
the Ribbon Cutting at the Dollar Tree, visited the Promote Houston Ship Channel at the Cruise
Terminal, the Economic 2014 Petrochemical & Maritime Conference, thanked Finance Director
Michael Dolby, the Finance Department and City Staff for the budget process; thanked Larry Spasic
for attending the meeting; and congratulated the Suarez family at Broadway Cafe.
10. ADJOURN
There being no further business, the meeting adjourned at 6:58 p.m.
Oha'rlan Harris, Assistant City Secretary
on September 22, 2014.
31-IMEMIAZ
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