HomeMy WebLinkAbout2018-05-14 Regular Meeting of the La Porte City Council LOUIS RIGBYO* _. A BILL BENTLEY
Mayor ,0 Councilmember District 3
JOHN ZEMANEK 1. 9 KRISTIN MARTIN
Councilmember At Large A v J m Mayor Pro-Tern
DOTTIE KAMINSKI Councilmember District 4
Councilmember At Large B `. JAY MARTIN
DANNY EARPl Councilmember District 5
Councilmember District 1 % NANCY OJEDA
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MAY 14, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, May 14, 2018, 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 Ojeda, J. Martin, K. Martin, Leonard, Kaminski, Engelken, and Earp.
Absent: Councilmember Zemanek Also present were City Secretary Patrice Fogarty, City Manager
Corby Alexander, Assistant City Manager Jason Weeks, 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 Kristin Martin.
4. ORDINANCE CANVASSING GENERAL ELECTION AND SPECIAL ELECTION;
PRESENTATION OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICERS;
ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICERS
(a) Consider adoption of an ordinance canvassing the 2018 General Election and Special
Election held on May 5, 2018, and other election- related actions— P. Fogarty
City Secretary Patrice Fogarty provided the official report totals to Mayor Rigby, and Mayor Rigby
requested she read the results.
MAYOR
Precinct 1 Louis Rigby 159
Chuck Rosa 4
Wyatt Smith 115
For a total of 278 votes cast.
Precinct 2 Louis Rigby 51
Chuck Rosa 3
Wyatt Smith 28
For a total of 82 votes cast.
Precinct 3 Louis Rigby 90
Chuck Rosa 8
Wyatt Smith 50
For a total of 148 votes cast.
Page 1 of 8
May 14, 2018 Council Meeting Minutes
Precinct 4 Louis Rigby 177
Chuck Rosa 3
Wyatt Smith 63
For a total of 243 votes cast.
Precinct 5 Louis Rigby 297
Chuck Rosa 9
Wyatt Smith 80
For a total of 386 votes cast.
Precinct 6 Louis Rigby 182
Chuck Rosa 7
Wyatt Smith 71
For a total of 260 votes cast.
Sum of precinct totals in Mayor's race in all six Precincts: 1,397.
Broken down by candidate:
Louis Rigby 956
Chuck Rosa 34
Wyatt Smith 407
1,397
Councilperson-District 2
Total number of votes received in each precinct:
Precinct 2 only: Chuck Engelken 75
For a total of 75 votes cast and sum of precinct total in Councilperson-District 2 race.
Councilperson-District 3
Total number of votes received in each precinct:
Precinct 3 only: Bill Bentley 116
For a total of 116 votes cast and sum of precinct total in Councilperson-District 3 race.
Proposition A - "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 TO PROVIDE
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS."
Total number of votes received in each precinct:
Precinct 1 For 224
Against 44
For a total of 268 votes cast.
Precinct 2 For 77
Against 5
For a total of 82 votes cast.
Page 2 of 8
May 14, 2018 Council Meeting Minutes
Precinct 3 For 124
Against 20
For a total of 144 votes cast.
Precinct 4 For 188
Against 46
For a total of 234 votes cast.
Precinct 5 For 318
Against 58
For a total of 376 votes cast.
Precinct 6 For 227
Against 21
For a total of 248 votes cast.
Sum of precinct totals for Proposition A in all six Precincts: 1,352. Proposition A passed.
Proposition B - "SHALL SECTION 2.02 OF THE LA PORTE CHARTER BE AMENDED TO
PROVIDE THAT A CANDIDATE FOR MAYOR OR A COUNCIL POSITION SHALL HAVE
BEEN A QUALIFIED VOTER OF THE CITY FOR TWELVE (12) MONTHS IMMEDIATELY
PRECEDING ELECTION DAY, INSTEAD OF FOR TWELVE (12) MONTHS AT THE TIME THE
CANDIDATE FILES FOR OFFICE; AND, THAT A CANDIDATE FOR A DISTRICT COUNCIL
POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF HIS OR HER DISTRICT FOR
TWELVE (12) MONTHS IMMEDIATELY PRECEDING ELECTION DAY, INSTEAD OF FOR
TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE, TO CONFORM
THE CHARTER TO STATE LAW?"
Total number of votes received in each precinct:
Precinct 1 For 214
Against 53
For a total of 267 votes cast.
Precinct 2 For 60
Against 20
For a total of 80 votes cast.
Precinct 3 For 119
Against 26
For a total of 145 votes cast.
Precinct 4 For 172
Against 61
For a total of 233 votes cast.
Precinct 5 For 299
Against 75
For a total of 374 votes cast.
Precinct 6 For 223
Against 29
For a total of 252 votes cast.
Page 3 of 8
May 14, 2018 Council Meeting Minutes
Sum of precinct totals for Proposition B in all six Precincts: 1,351. Proposition B passed.
Oaths of office will be taken on the first Monday next following the canvassing, or as soon thereafter as is
practicable, pursuant to Section 2.06 of the City of La Porte Home Rule Charter.
Councilmember Kristin Martin made a motion to adopt an Ordinance canvassing the 2018 General
Election and Special Election held on May 5, 2018, and other election-related actions.
Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 8/0. Councilmember
Zemanek was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3706: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
DECLARING THE RESULTS OF THE MAY 5, 2018, CITY OF LA PORTE GENERAL ELECTION
FOR THE ELECTION OF A MAYOR, COUNCILPERSON DISTRICT 2 AND
COUNCILPERSON DISTRICT 3; DECLARING THE RESULTS OF THE MAY 5, 2018 CITY OF
LA PORTE SPEICAL ELECTION FOR PROPOSITION A; 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; AND FOR PROPOSITION B; SHALL SECTION 2.02 OF THE LA PORTE
CHARTER BE AMENDED TO PROVIDE THAT A CANDIDATE FOR MAYOR OR A COUNCIL
POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF THE CITY FOR TWELVE (12)
MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE; AND, THAT A CANDIDATE FOR
A DISTRICT COUNCIL POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF HIS OR HER
DISTRICT FOR TWELVE (12) MONTHS IMMEDIATLEY PRECEDING ELECTION DAY, INSTEAD
OF FOR TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE, TO
CONFORM THE CHARTER TO STATE LAW; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLINACE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
5. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Proclamation — National Police Week— Mayor Rigby
Mayor Rigby presented a proclamation for National Police Week.
At this time he also recognized Officer Anthony Bish as Employee of the First Quarter 2018.
(b) Proclamation— Emergency Medical Services Week— Mayor Rigby
Mayor Rigby presented a proclamation for Emergency Medical Services Week.
At this time he also recognized Paramedic Ehren Torres as Employee of the First Quarter 2018.
(c) Recognition — Employees of the First Quarter 2018 —Officer Anthony Bish —City of La Porte
Police Department and Paramedic Ehren Torres — City of La Porte Emergency Medical
Services— Mayor Rigby
See (a) and (b), above.
(d) Recognition — Recognition of Outgoing Fire Chief Mike Boaze
Mayor Rigby recognized outgoing Fire Chief Mike Boaze and presented him with a gift from the City
for his services over the last 18 years as Fire Chief.
Page 4 of 8
May 14, 2018 Council Meeting Minutes
6. PUBLIC COMMENTS (Limited to five minutes per person.)
Tiffiny Vaughn 9915 Rocky Hollow Rd, addressed Council in support of demolishing the home
located at 9906 Rocky Hollow Rd.
Wyatt Smith declined to speak and informed he will speak at a later date.
7. 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 Special Called City Council
Meeting held on April 14, 2018 and minutes of the Regular City Council Meeting held on
April 23, 2018— P. Fogarty
(b) Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2017-18 Budget—S. Wolny
(c) Consider approval or other action authorizing the City Manager to sign an agreement for
participation in the Regional DWI Task Force— K. Adcox
(d) Consider approval or other action regarding the execution of a Pipeline Permit to FLST LLC,
doing business as Lavaca LST LLC for the construction of a 16" Ethane pipeline within the
City of La Porte— R. Mancilla
(e) Consider approval or other action regarding Bid # 18012 for 2018 Asphalt Overlay — D.
Pennell
(f) Consider approval or other action regarding an Interlocal Agreement between the City of
La Porte and La Porte Independent School District for a Sergeant position to be stationed at
school campus— K. Adcox
(g) Consider approval or other action regarding the purchase of chemicals and fertilizers from
Helena Chemical utilizing Buy Board Contract 529-17—A. Osmond
(h) Consider approval or other action regarding an Ordinance vacating, abandoning and closing
a portion of the North 15th Street right-of-way and an adjacent alley, located in Block 651,
Town of La Porte, and authorize the City Manager to execute a deed to the applicant for the
subject right-of-way; consider approval or other action to accept 0.3154 acre tract of land
from applicant as partial credit against value of closed rights-of-way— I. Clowes
Councilmember J. Martin had questions on Item D. Planning and Development Director Richard
Mancilla answered the questions.
Councilmember Engelken made a motion to approve Consent Agenda items pursuant to staff
recommendations. Councilmember K. Martin seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember Zemanek was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3707: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF
LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2017 THROUGH SEPTEMBER 30,
2018; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN
PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLINACE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Page 5 of 8
May 14, 2018 Council Meeting Minutes
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3708: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH
15' STREET RIGHT-OF-WAY LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING
LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A
SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-
3709: AN ORDINANCE VACATING, ABANDONING AND CLOSING THE 16 FOOT ALLEY
LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding the participation as a sponsor for the 2018 United
States Laser National Championship held at the Houston Yacht Club —J. Weeks
Assistant City Manager Jason Weeks presented a summary.
Houston Yacht Club Regatta Committee Member Madonna Breen provided a presentation.
Councilmember Engelken made a motion to approve a $10,000.00 sponsorship for the 2018 United
Sates Laser National Championship held at the Houston Yacht Club. Councilmember J. Martin
seconded. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Zemanek was absent.
(b) Discussion and possible action authorizing the City Manager to execute an agreement and
side-letter agreement with iChoosr, LLC regarding the City sponsoring an opt-in electricity
power aggregation auction for the benefit of City of La Porte residents — J. Weeks
Assistant City Manager Jason Weeks presented a summary.
Daniel Wilkinson with iChoosr provided a presentation.
Councilmember Engelken made a motion to deny the request to execute an agreement and
side-letter agreement with iChoosr. Councilmember Engelken seconded. MOTION PASSED 5/3.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Earp, and
K. Martin
Nays: Councilmembers Ojeda, J. Martin and Leonard
Absent: Councilmember Zemanek
(c) Discussion and possible action determining the structure of the Drainage and Flooding
Committee and confirming or appointing members — P. Fogarty
Councilmember K. Martin left the meeting at 7:18 p.m.
City Secretary Patrice Fogarty presented a summary.
Page 6 of 8
May 14, 2018 Council Meeting Minutes
Councilmember Engelken made a motion to keep the three current Committee Members, Jay
Martin, Danny Earp, and Chuck Engelken and to name an Alternate at a later date. Councilmember
Earp seconded. MOTION PASSED UNANIMOUSLY 7/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Kaminski, Earp and J. Martin
Nays: None
Absent: Councilmembers K. Martin and Zemanek
(d) Discussion and possible action regarding repairs at Fairmont Park West Pool — R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary and reported $47,120.00 as
the total cost for repairs at Fairmont Park West.
After a lengthy discussion, City Manager Alexander asked if Council wanted Staff to go to the
Homeowners Association and let them know the City is willing to convey the property to the
Homeowners Association. There was no consensus from Council to his question.
Councilmember Earp made a motion to deny doing repairs on the pool as presented.
Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 7/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Kaminski, Earp and J. Martin
Nays: None
Absent: K. Martin and Zemanek
9. REPORTS
(a) Receive report for the Fiscal Affairs Committee Meeting —Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee Meeting held prior to
the City Council Meeting.
10. ADMINISTRATIVE REPORTS
There were no administrative reports.
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 Ojeda commented how appreciative she is to La Porte Police Department for
solving a major crime in the community; thanked the Human Resources Department for their hard
work at the Public Service Recognition Week event; congratulated new Fire Chief Carl Holley;
congratulated Mayor Rigby on his re-election and thanked the other two Mayoral candidates for
their willingness to serve.
Councilmember J. Martin congratulated Mike Boaze on his retirement; congratulated Anthony Bish
and Ehren Torres as Employees of the First Quarter 2018; congratulated all that were elected in the
City of La Porte May election; and requested the City Secretary add the precinct report to the
minutes of this meeting.
Councilmember Kaminski congratulated Anthony Bish and Ehren Torres as Employees of the First
Quarter 2018; congratulated the Police and Emergency Medical Services Departments on their
proclamations; congratulated new Fire Chief Carl Holley; and congratulated Mike Boaze on his
retirement;
Page 7 of 8
May 14, 2018 Council Meeting Minutes
Councilmember Leonard congratulated Anthony Bish and Ehren Torres as Employees of the First
Quarter 2018; and the Police and Emergency Medical Services Departments on their
proclamations;
Councilmember Engelken congratulated Mike Boaze on his retirement; congratulated new Fire
Chief Carl Holley; congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter
2018; and the Police and Emergency Medical Services Departments on their proclamations; and
congratulated Mayor Rigby and Bill Bentley on their election;
Councilmember Earp congratulated Anthony Bish and Ehren Torres as Employees of the First
Quarter 2018; and the Police and Emergency Medical Services Departments on their
proclamations; congratulated Mayor Rigby, Councilmember Engelken, and Bill Bentley on their
election; congratulated Mike Boaze on his retirement;
Mayor Rigby congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018;
thanked Mike Boaze for his 18 years of service as Chief; commented he is looking forward to
working with new Fire Chief Carl Holley; thanked the Fire, Police and Emergency Medical Services
Departments for what they do year round; thanked Councilmembers Engelken, Ojeda, K. Martin
and J. Martin for their support during the election; thanked Councilmember Earp for his
congratulatory phone call on Saturday night; he thanked the citizens of La Porte for their support
during the election; and he commented he is looking forward to serving as Mayor for the next three
years.
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:
Texas Government Code, Section 551.074 — Personnel Matter: Deliberation 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: Denice Mitrano,
Municipal Court Judge.
City Council recessed the regular Council meeting to convene an executive session at 7:41 p.m.
regarding the item listed above.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened the regular Council meeting at 8:32 p.m. Regarding the evaluation of Denise
Mitrano, Municipal Court Judge, Councilmember Ojeda made a motion to give a 5% lump sum
payment in the amount of $6,960.00. Councilmember Leonard seconded. MOTION PASSED
UNAIMOUSLY 7/0. Councilmembers K. Martin and Zemanek were absent.
14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 8:33 p.m. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 7/0. Councilmembers K. Martin and Zemanek were absent.
121 .P 7r-//
Patrice Fogarty, r Secret ry
Passed a : . .'ro -d on June 11, 2018.
A
ayor ouis R. Riz
Page 8 of 8
May 14, 2018 Council Meeting Minutes