07-11-11 Regular Meeting of La Porte City Council

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PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3362 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 48, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16) FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Consent Items B, C, D, F and G were pulled for discussion and comments. Regarding Items B, C, and G, Councilmember Engelken requested the items be voted on separately. Regarding Item B, Councilmember Moser expressed his concerns with the item not being sent out for bid prior to being presented to the Fiscal Affairs Committee. Regarding Item C, Councilmember Moser questioned if the Drought Contingency Plan was a City of La Porte Plan. Councilmember Moser suggested the item be brought back as a workshop item. Mayor Rigby commented the Item C should not have been placed on the consent agenda and needs to be revisited. City Manager Ron Bottoms advised there were only three changes to the previously adopted plan being presented tonight. Mayor Rigby questioned if the item was not approved tonight, would La Porte be fined? The Mayor also commented there were more than three changes. Councilmember Leonard asked City Manager Bottoms if there is a penalty provision. Mr. Bottoms replied, "It is in there for a penalty if mandatory rationing Stage 2. Stage 2 is 50 percent of a water bill." Councilmember Moser commented regarding the need to advise citizens and to not include a penalty clause. Councilmember Zemanek asked if there was a risk of a Stage 2 before the next City Council meeting. Public Works Director Dave Mick responded, "It is doubtful." Regarding Item D, Councilmember Kaminski stated she was fine with the item after Planning Director Tim Tietjens presented a summary. Regarding Item F, Mayor Rigby questioned if the per capita cost rate was based on current year cost. Police Chief Ken Adcox confirmed it is current year cost with an additional 10 percent in Morgan's Point. EMS Chief Ray Nolen added there is a clause for either side to cancel or re-evaluate the agreement. If the agreement is not signed, it reverts to month -to - month beginning October 1, 2011. City Council agreed to vote on this item separately. Regarding Item G, Councilmember Engelken abstained and signed a conflict affidavit with City Secretary Patrice Fogarty. Councilmember Mosteit moved to approve Consent Agenda Items A, B, D, E, and H pursuant to recommendations by City Staff. Councilmember Leonard seconded. Page 3 of 9 June 27, 2011, City Council Meeting Minutes