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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 Page 1 of 6 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. Page 2 of 6 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 Page 3 of 6 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. Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6 September 8, 2014, Council Meeting Minutes