HomeMy WebLinkAbout2015-11-09 Regular Meeting of La Porte City Council minutes LOUIS RIGBY F L DARYL LEONARD
Mayorp Councilmember District 3
JOHN ZEMANEK h. KRISTIN MARTIN
Councilmember At Large A v
DOTTIE KAMINSKI m Councilmember District 4
JAY MARTIN
Councilmember At Large B Mayor Pro-Tem
DANNY EARP Councilmember District 5
Councilmember District 1 rEx0,e
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 2 Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
NOVEMBER 9, 2015
The City Council of the City of La Porte met in a regular meeting on Monday November 9, 2015, 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:
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Earp, Engelken, J. Martin, Leonard, Zemanek, K. Martin, Kaminski and 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 Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Dottie
Kaminski. '
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) . Recognition — Employee of the Third Quarter 2015 — David Hefner (City of La Porte Parks
and.Recreation Department)—Mayor Rigby
Mayor Rigby*recognized David Hefner as Employee of the Third Quarter 2015.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, commented Councilmember Engelken missed a good meeting on
October 26, 2015, and asked Council to reconsider the decision reached on the Windsail Bay
Apartments.
John Kling, 11025 Pinewood Ct., addressed Council in favor of the Over 65 Property Tax Freeze
and commented there is a handout misleading to the public referencing a revenue loss to the City.
Steve Coycault, Sr., addressed Council in favor of the Over 65 Property Tax Freeze and
commented law passed January 1, 2004, for cities to voluntarily freeze city taxes for property
owners over 65 and the disabled. Mr. Coycault advised seniors would receive $21.30 a year relief
and implored Council to approve the Over 65 Property Tax Freeze.
Robert Bractcher, 2322 Limerick Ct., Deer Park, addressed Council in favor of the Over 65 Property
Tax Freeze and encouraged them to consider what other cities have done by freezing taxes.
Bill Scott, 1722 Lomax School Rd., addressed Council and requested assistance for two young
ladies with a matter involving the La Porte Police Department. Mr. Scott also advised Council of
concerns with Code Enforcement and horse trailers.
Belinda Scott, 1722 Lomax School Rd., addressed Council in regards to the City Ordinance
addressing trailers and advised of her concerns with Code Enforcement advising that she needs to
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November 9, 2015, Council Meeting Minutes
enclose her trailers. Ms. Scott also commented she feels the ordinance is vague and left a DVD of
trailers and excess storage in Lomax with the City Secretary.
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 the City Council Meeting held on
November 9, 2015—P. Fogarty
(b) Consider approval or other action regarding a Resolution of the City Council of the City of
La Porte, Texas, casting a ballot for the election of Ed Heathcott to the Board of Directors of
the Harris County Appraisal District —P. Fogarty
(c) Consider approval or other action regarding a Memorandum of Agreement with Fairmont
Park Homeowners Association for a Community Cooperation Project—T. Leach
(d) Consider approval or other action to roll over requested encumbrance from Fiscal Year
2015 to Fiscal Year 2016—M. Dolby
(e) Consider approval or other action regarding an Ordinance amending Chapter 2
"Administration" of the Code of Ordinances of the City of La Porte by revising city policy for
renaming of public streets—C. Alexander
(f) Consider approval or other action regarding an Ordinance renaming N. 5t' Street to Dr.
Martin Luther King, Jr., Drive—C. Alexander
(g) Consider approval or other action awarding Bid No. 15017 for Plastic Garbage Bags — D.
Mick
(h) Consider approval or other action regarding the Fiscal Year 2015 audit/asset forfeiture
report and associated financial records as required by Chapter 59 of the Texas Code of
Criminal Procedure— K. Adcox
Regarding Item G, Councilmember Martin questioned if the 33-gallon bags are less than the bags
in the last budget year. Public Works Director responded the bags are within the budget and may
be slightly less than last year option. Councilmember Martin commented he. prefers the 33-gallon
bags.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3611: AN
ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION' OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, TEXAS BY REVISING CITY POLICY RELATED TO RENAMING OF PUBLIC
STREETS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3612: AN
ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OF NORTH 5T" STREET TO DR.
MARTIN LUTHER KING, JR., DRIVE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
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November 9, 2015, Council Meeting Minutes
Councilmember Leonard moved to approve the Consent Agenda items pursuant to staff
recommendations to include the 33-gallon Plastic Garbage Bags on Item 6g. Councilmember
Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Leonard, Zemanek,
K. Martin, Kaminski, Engelken, Clausen and Earp
Nays: None
Absent: None
7. AUTHORIZATIONS
(a) Consider approval or other action regarding proposed Stop Loss Contract with Voya for city
health insurance plan—M. Hartleib
City Manager Corby Alexander and Senior Vice-President Lance Pendley with McGriff, Seibel &
Williams of Texas, Inc., presented a summary.
Councilmember Earp questioned if it is the same consultant as last year. City Manager Corby
Alexander responded yes. Councilmember Earp asked the justification for the increase this year.
Senior Vice-President Lance Pendley responded there is a .02 increase that equates to $101.00 on
the aggregate fees only. Councilmember Earp asked the cost of the premium for the past three
years. Mr. Pendley responded approximately $360,000.00 in 2013 and $440,000.00 the past year.
Councilmember Earp commented the City has paid in about $1.2 million and asked the cost of
claims. Mr. Pendley responded there were no claims paid out in 2013.
Councilmember Zemanek asked if all consultants are asked to reconsider the bidding offers.
Mr. Pendley responded they have not done a final and best offer as of yet, but will if Council
desires.
Councilmember Martin asked how long is the current Stop Loss Contract in effect. Mr. Pendley
responded until January 1, 2016.
Councilmember Earp moved to have Staff go back and solicit more markets and changing agents.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Councilmembers Kaminski, Earp, K. Martin, Engelken,
Leonard and Zemanek
Nays: Mayor Rigby and Councilmembers Clausen and J. Martin
Absent: None
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding appointment to the Board of the La Porte Area
Water Authority— P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember J. Martin moved to appoint Stephen Barr to the La Porte Area Water Authority.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen,
Earp, K. Martin, Engelken, Leonard and Zemanek
Nays: None
Absent: None
(b) Discussion and possible action regarding Over 65 Property Tax Freeze—M. Dolby
Finance Director Michael Dolby presented a summary.
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November 9, 2015, Council Meeting Minutes
Mayor Rigby commented Mr. Coycault addressed Council earlier in the year and wrote a letter to
the editor advising Council was to make a decision addressing the Over 65 Tax Freeze on
October 26, 2015; and Council gathered additional information to make a decision tonight. Mayor
Rigby informed citizens were led to believe the item has been delayed since 2003 and advised this
is the second time he recalls the item being discussed. The Mayor advised he is not opposed to
freezing taxes but does not want the citizens to think the item has been delayed since 2003.
Councilmembers Clausen and J. Martin both indicated a willingness to increase exemptions.
Councilmember Leonard moved to approve a tax freeze for citizens over 65 and the disabled.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers J. Martin, Kaminski, Clausen,
Earp, K. Martin, Engelken, Leonard and Zemanek
Nays: Councilmembers Clausen and J. Martin
Absent: None
9. REPORTS
(a) Receive report of the La Porte Development Corporation Board—Councilmember Engelken.
Councilmember Engelken provided a report of the La Porte Development Corporation Board
meeting held on November 11, 2015.
10. ADMINISTRATIVE REPORTS
City Manager Corby Alexander recognized the last Council meeting for Public Works Director Dave
Mick and wished him well in the future.
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.
Councilmember Kaminski congratulated David Hefner as Employee of the Third Quarter 2015 and
commented Public Works Director Dave Mick will be missed; Councilmember Zemanek wished
Dave Mick the best in his future endeavors and reminded everyone of Veterans Day on
Wednesday; Councilmember Leonard congratulated David Hefner as Employee of the Third
Quarter 2015 and wished Public Works Director Dave Mick the best in his future endeavors;
Engelken congratulated David Hefner as Employee of the Third Quarter 2015; wished Public Works
Director Dave Mick the best in his future endeavors and everyone a Happy Thanksgiving;
Councilmember Earp thanked Public Works Director Dave Mick for his services to the City and the
Lomax area and thanked the Emergency Responders during the tornado; Councilmember Clausen
congratulated David Hefner as Employee of the Third Quarter 2015; wished Public Works Director
Dave Mick the best in his future endeavors and thanked Emergency Responders for the cleanup
after the tornado; Councilmember J. Martin congratulated David Hefner as Employee of the Third
Quarter 2015 and wished Public Works Director Dave Mick the best in his future endeavors and
thanked City Manager Corby Alexander for facilitating assistance to individuals after the
condemnation of Windsail Bay Apartments; Councilmember K. Martin commented Public Works
Director Dave Mick will be missed and reminded everyone of the Harvest Banquet this coming
Saturday and Mayor Rigby congratulated David Hefner as Employee of the Third Quarter,
commented Public Works Director Dave Mick will be missed and wished him the best in his future
endeavors.
12. EXECUTIVE SESSION The City 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, including, but not limited to, the following:
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November 9, 2015, Council Meeting Minutes
Texas Government Code, Section 651.071(1)(a)—Consultation with Attorney regarding pending or
contemplated Litigation — Meet with City Attorney and City Manager to discuss City of La Porte
Adoption Center and Animal Shelter Project construction contract matter.
Texas Government Code, Section 551.074 — Personnel Matter: Deliberations concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee, unless the officer or employee requests a public hearing: Judge Denise Mitrano
City Council recessed the regular Council meeting to convene an executive session at 6:58 p.m.
regarding the items listed above.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened into the regular Council meeting at 7:47 p.m.
Regarding Texas Government Code, Section 551.071(1)(a) — Consultation with Attorney regarding
pending or contemplated Litigation — Meet with City Attorney and City Manager to discuss City of
La Porte Adoption Center and Animal Shelter Project construction contract matter.
Councilmember Clausen moved to settle with Frost Construction for $30,000.00. Councilmember
Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, J. Martin, K. Martin,
Clausen, Kaminski, Zemanek, Earp and Engelken
Nays: None
Absent: None
Regarding Texas Government Code, Section 551.074 — Personnel Matter: Deliberations concerning
the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee, unless the officer or employee requests a public hearing: Judge Denise Mitrano
City Council received a report on Municipal Court duties.
14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 7:47 p.m. Councilmember Martin seconded. Motion passed unanimously.
Jw
Patrice Fogarty, City cretary
Passed arrdj pr ed o December 14, 2015.
Mayor ouis R. ig y
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November 9, 2015, Council Meeting Minutes