HomeMy WebLinkAbout2011-06-27 Regular Meeting of La Porte City Council 6
A
LOUIS RIGBY DARYL LEONARD
Mayor ' Mayor Pro Tem
JOHN ZEMANEK O* , A Councilmember District 3
Councilmember at Large A J► TOMMY MOSER
DOTTIE KAMINSKI 1 •1 Councilmember District 4
Councilmember at Large B V / JAY MARTIN
MIKE MOSTEIT Councilmember District 5
Councilmember District 1 j MIKE CLAUSEN
CHUCK ENGELKEN � . C ouncilmember District 6
Councilmember District 2 J
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JUNE 27, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, June 27, 2011, 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 6:14 p.m. Members of Council present:
Councilmembers Leonard, Zemanek, Engelken, Moser, Mosteit and Martin. Absent:
Councilmember Black and Clausen. Also present were City Secretary Patrice Fogarty, City
Manager Ron Bottoms and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Mayor Rigby presented a proclamation to La Porte Heritage Society Board Members Ann
Malone, James Miller and Fred Muston.
5. ELECTION ORDINANCE AND OTHER ELECTION - RELATED ACTIONS
(a) Administer the Oath of office to Dottie Kaminski newly elected Councilmember At- Large-
Position B — Judge Denise Mitrano
Judge Denise Mitrano administered the oath of office to newly elected Councilmember Dottie
Kaminski, At -Large Position B.
(b) Issue Certificate of Election to elected Councilmember At -Large Position B, Dottie Kaminski —
Mayor Rigby
Mayor Rigby issued a Certificate of Election to elected Councilmember At -Large Position B, Dottie
Kaminski.
(c) Consider approval or other action regarding an ordinance appointing a Mayor Pro -Tem for a
term commencing June 27, 2011 to May 31, 2012 — Mayor Rigby
Assistant City Attorney Clark Askins read the caption of Ordinance 3359 AN ORDINANCE
APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO -TEM OF THE
CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 27, 2011, THROUGH MAY 31, 2012;
Page 1 of 9
June 27, 2011, City Council Meeting Minutes
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Mayor Rigby moved to appoint Councilmember Engelken as Mayor Pro -Tem and adopt Ordinance
3359. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL (Limited to five minutes)
Phillip Hoot - 927 Seabreeze, La Porte, congratulated Councilmember Kaminski on her election into
office; expressed his appreciations for the great Triathlon turnout and requested churches be given
adequate notification of the event for their parishioners. In regards to Item 14, Mr. Hoot requested
an Ike Roof Assistance Program for citizens in the city.
7. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will
be enacted by one motion. A Councilmember may remove any item for discussion.
(a) Consider approval or other action of minutes of the June 13, 2011, regular meeting and
minutes of the June 20, 2011 special meeting of the City Council of the City of La Porte —
P. Fogarty
(b) Consider approval or other action regarding an ordinance approving and authorizing a
contract for the collection of Delinquent Taxes with Perdue, Brandon, Fielder, Collins & Mott,
L.L.P., for a three -year term — M. Dolby
(c) Consider approval or other action regarding an ordinance amending the City of La Porte
Water Conservation and Drought Contingency Plan — D. Mick
(d) Consider approval or other action regarding an ordinance vacating, abandoning and
closing a portion of the alley in Block 48, La Porte, Texas, Harris County — T. Tietjens
(e) Consider approval or other action authorizing the City Manager to execute an agreement
between the City of La Porte and the Internet Crimes Against Children Task Force — K.
Adcox
(f) Consider approval or other action of an agreement between the City of La Porte and the
City of Morgan's Point for City Emergency 911 Dispatch and Jail Services, Fire Protection
and Emergency Medical Services — K. Adcox
(g) Consider approval or other action to direct the Planning Department to prepare a service
plan for annexation of a 29 -acre tract of land, containing tracts owned by Ted Booher and
CenterPoint Energy — C. Askins
(h) Consider approval or other action regarding a Communications Proposal providing for the
responsibilities related to the dissemination of public information — T. Leach /P. Fogarty
Assistant City Attorney Clark Askins read the caption of Ordinance 3360 AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE
AND THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. FOR
Page 2 of 9
June 27, 2011, City Council Meeting Minutes
THE COLLECTION OF DELINQUENT TAXES; MAKING VARIOUS FINDINGS AND
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
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Engelken moved to table Consent Agenda Item C until more information is
brought back. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Leonard moved to table Consent Agenda Item F until the new budget
becomes available. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Mosteit moved to accept Consent Agenda Item G. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, and Kaminski
Nays: None
Abstain: Councilmember Engelken
Absent: Councilmember Clausen
8. ORDINANCES
(a) Consider approval or other action regarding an ordinance approving recommended revisions to
Chapter 10 "Amusements," Article II "Coin- Operated Machines" of the Code of Ordinances of
the City of La Porte — K. Adcox
Chief of Police Ken Adcox presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3363 AN ORDINANCE
AMENDING CHAPTER 10, "AMUSEMENTS" OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE, TEXAS, RELATING TO THE USE AND REGULATION OF COIN OPERATED
MACHINES; REPEALING ORDINANCE NO. 3127, AND AS CODIFIED IN CHAPTER 10
"AMUSEMENTS "; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500); PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Martin moved to approve Ordinance No. 3363. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Page 4 of 9
June 27, 2011, City Council Meeting Minutes
Absent: Clausen
(b) Consider approval or other action regarding an ordinance appointing alternate members to a
Re- Districting Committee and establishing its powers and duties — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3364 AN ORDINANCE
APPOINTING A RE- DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND
DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Engelken motioned to approve Ordinance No. 3364 appointing alternate
members Martha Gillett, Champ Dunham, and Venessa Guerrero to the Re- Districting
Committee. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Clausen
(c) Consider approval or other action regarding an ordinance appointing permanent members of
the Board of Directors to the La Porte Fire Control, Prevention and Emergency Medical
Services District — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3365 AN ORDINANCE
APPOINTING SEVEN (7) PERSONS TO SERVE AS DIRECTORS OF THE LA PORTE FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT,
PROVIDING THAT INITIAL APPOINTEES AS DIRECTORS SHALL DRAW LOTS TO
DETERMINE THEIR TERMS, PROVIDING THAT THREE (3) DIRECTORS SHALL SERVE
FOR ONE (1) YEAR TERMS EXPIRING SEPTEMBER 1, 2012, AND FOUR (4) DIRECTORS
SHALL SERVE FOR TWO (2) YEAR TERMS EXPIRING SEPTEMBER 1, 2013, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Councilmember Zemanek moved to nominate Charlie Sanders to replace Paul Hickenbottom as
a permanent member of the Board of Directors to the La Porte Fire Control, Prevention and
Emergency Medical Services District and to approve Ordinance No. 3365. Councilmember
Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Clausen
(d) Consider approval or other action regarding an ordinance making appointments to various
boards, commissions, and committees — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Moser nominated Sherman Moore to the Alternate 2 position on the Zoning
Board of Adjustment.
Page 5of9
June 27, 2011, City Council Meeting Minutes
Councilmember Leonard nominated Helen LaCour to District 3 on the Planning and Zoning
Commission due to the pending resignation of Kirby Linscomb Jr.
Councilmember Kaminski nominated Phillip Hoot to replace David Janda on the At Large B
position on the Planning and Zoning Commission.
Councilmember Moser nominated Mark Follis to the vacant District 4 position (formerly held by
Councilmember Kaminski) on the Planning and Zoning Commission.
Councilmember Martin volunteered to serve as the alternate representative on the Houston -
Galveston Area Council replacing former Councilmember John Black.
Assistant City Attorney Clark Askins read the caption of Ordinance 3366 AN ORDINANCE
APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES, OF
THE CITY OF LA PORTE PROVIDING A SEVERABILITY CLAUSE; CONTAINING A
REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Leonard moved to appoint the nominees as members to the various positions
and adopt Ordinance No. 3366. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Clausen
9. AUTHORIZATIONS
(a) Consider approval or other action awarding bid #S11001, sale of Lot 25, Block 84 of the
Town of La Porte, Harris County, Texas, to the highest bidder — S. Cream
Purchasing Manager Susan Cream presented a summary.
Councilmember Moser moved to award bid #S11001, sale of Lot 25, Block 84 of the Town of La
Porte, Harris County, Texas, to the highest bidder Fred Westergren in the amount of $1,200.00.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
(b) Consider approval or other action authorizing the Mayor to sign a letter to the Texas
Department of Rural Affairs regarding federal fair housing laws — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Mosteit moved to authorize the Mayor to sign a letter to the Texas Department
of Rural Affairs regarding federal fair housing laws. Councilmember Engelken seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Page 6 of 9
June 27, 2011, City Council Meeting Minutes
Absent: Councilmember Clausen
(c) Consider approval or other action awarding RFP #11504 and authorizing the City Manager to
enter into a contract with Paskey, Inc., for construction of Little Cedar Bayou Linear Detention
— J. Garza
City Engineer Julian Garza presented a summary.
Councilmember Moser motioned to award RFP #11504 and authorize the City Manager to enter
into a contract with Paskey, Inc. in the amount of $1,492,930.83 and a 5% contingency in the
amount of $1,567,577.37 for construction of Little Cedar Bayou Linear Detention.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Absent: Councilmember Clausen
10. DISCUSSION OR OTHER ACTION
(a) Discussion or other action authorizing acceptance of property donation to the City of La
Porte from the Jack Cook estate, regarding three lots in Shady Oaks subdivision (407 South
Shady Oaks) — Lots 22D and 23D and Lot 24D and four lots and two half lots in the Town of
La Porte subdivision (201 N. 11th Street) Lots 15 -18 & S1/2 of 19, Block 72 — T. Tietjens
Director of Planning Tim Tietjens discussed acceptance of property donation to the City of
La Porte from the Jack Cook estate, regarding three lots in Shady Oaks subdivision (407
South Shady Oaks) — Lots 22D and 23D and Lot 24D and four lots and two half lots in the
Town of La Porte subdivision (201 N. 11th Street) Lots 15 -18 & S1/2 of 19, Block 72.
Mayor Rigby expressed his thanks but he did not wish to accept the donation.
Councilmember Kaminski moved to not accept the donation. Councilmember Zemanek
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Absent: Councilmember Clausen
11. PUBLIC HEARING AND ORDINANCE
(a) Continue public hearing from April 25, 2011, regarding condemnation of substandard
building located at 1307 E. Main St. — D. Wilmore
City Council opened the public hearing at 7:38 p.m. and continued the public hearing from
April 25, 2011, regarding condemnation of substandard building located at 1307 E. Main St.
Councilmember Moser asked how much more time was required for the probate process.
Mr. Lewis informed paperwork had been filed three weeks ago. Mr. Lewis was asked if he
thought ninety days would be plenty of time for the probate process. Mr. Lewis answered
"Yes."
Councilmember Mosteit moved to continue the public hearing for an additional 90 days.
Councilmember Leonard seconded. MOTION PASSED.
Page 7 of 9
June 27, 2011, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
12. RECEIVE REPORT from Fiscal Affairs Committee — Councilmember Engelken
Chairman Engelken provided a report from the Fiscal Affairs Committee and directed staff to
provide Councilmember Kaminski all information regarding the RFP for Professional Auditing
Services.
13. RECEIVE REPORT from La Porte Development Corporation Board — Councilmember Engelken
Chairman Engelken provided a report from the La Porte Development Corporation Board.
14. STAFF REPORTS
(a) Receive Report on Ike Update and the Blue Tarp Assessment list requesting direction from
Council — D. Wilmore
Building Official Debbie Wilmore provided an Ike Update and Blue Tarp Assessment report.
Council questioned if staff had received a schedule when the roofs would be replaced and whether
the City had offered assistance.
Mayor Rigby directed staff to contact Habitat for Humanity and inquire as to who provides their
roofing services or if they know of any Ike Recovery funds available in Harris County.
Planning Director Tim Tietjens was also directed to assist in the process. Building Official Debbie
Wilmore was directed to provide owner and property information and to waive permit fees through
the end of the year.
Staff was directed to bring information back to City Council when it is available, in addition to
continue enforcing replacement of tarps that need replacing.
15. ADMINISTRATIVE REPORTS — R. Bottoms
July 4, 2011- City Offices Closed
July 15 -16, 2011 — Newly Elected City Officials' Orientation through TML — Irving, TX
August 8 -12, 2011 City Council Budget Workshop Meetings
16. COUNCIL COMMENTS - Matters appearing on agenda; recognition of community members, city
employees, and upcoming events; inquiry of staff regarding specific factual information or existing
policy — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit,
Clausen, and Mayor Rigby.
Councilmember Martin congratulated Councilmember Kaminski and Lou Ann Martin on her award
as the "2011 Five -Star Real Estate Agent in the City of La Porte" from Texas Monthly Magazine.
Councilmember Moser congratulated Councilmember Kaminski. Councilmember Kaminski thanked
everyone and the congratulated the Heritage Society. Councilmember Zemanek wished Assistant
Fire Chief Donald Ladd a "Happy Birthday" and congratulated Councilmember Kaminski.
Councilmember Leonard welcomed Councilmember Kaminski into office and the newly appointed
Boards and Commissions members, in addition to wishing everyone a safe upcoming 4 of July.
Councilmember Engelken congratulated Councilmember Kaminski, wished Councilmember
Zemanek a "Happy Birthday" and complimented the La Porte Fire Department for their hard work
Page 8 of 9
June 27, 2011, City Council Meeting Minutes
putting out the fire at Pecan Plantation. Councilmember Mosteit congratulated Councilmember
Kaminski, thanked the Heritage Society, wished Councilmember Zemanek a "Happy Birthday" and
congratulated Councilmember Engelken on appointment as Mayor Pro -Tem. Mayor Rigby
congratulated Councilmember Kaminski, thanked candidate Rick Guzman for the good election he
ran, thanked John Black for his term in office, wished Councilmember Zemanek a "Happy Birthday"
and commented on the nice Juneteenth event.
17. EXECUTIVE SESSION
The City Council 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.
An executive session was not convened.
18. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
19. ADJOURN
There being no further business, the meeting adjourned at 8:08 p.m.
Respectfully submitted,
it_ i _ ' /_.#4 I
Patrice Fogarty, Ci if ecreta
Passed and a • ► oved on July 11, 2011.
Ma or ouis R. Rig
Page 9 of 9
June 27, 2011, City Council Meeting Minutes