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Home My WebLink About2011-07-11 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK 0 A TOMMY MOSER Councilmember at Large A A 0 Councilmember District 4 DOTTIE KAMINSKI " // .•1 JAY MARTIN Councilmember at Large B ti / Councilmember District 5 MIKE MOSTEIT ( ' Councilmember District 1 4 r, MIKE CLAUSEN CHUCK ENGELKEN � Councilmember District 6 Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JULY 11, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, July 11, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:10 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. All members of Council were present: Councilmembers Leonard, Zemanek, Kaminski, Clausen, Engelken, Moser, Mosteit and Martin. Also present were City Secretary Patrice Fogarty, Assistant City Manager Traci Leach; and Randy Strong, substitute attorney for Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Dee Spears of Fairmont Park Church. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Tommy Moser. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Sherry Lowe with the La Porte Civic Community Club presented the City of La Porte with an appreciation plaque for the Juneteenth festivities. (b) Mayor Rigby recognized "Employee of the (Second) Quarter" Nicole Wells. (c) Mayor Rigby recognized retired employee Randy Cernosek from the Parks and Recreation Department. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) • James Handy and Debra Lucadou addressed Council regarding the Harris County Transit Program, which will provide free transportation for citizens to non - emergency medical appointments. Pamphlets were left for distribution. 6. 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 27, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding an ordinance authorizing the City Manager to execute a water service agreement and a sanitary sewer service agreement with FR /CAL INTERPORT, LLC for its facility at 13301 Bay Area Blvd. in the City's Bayport Industrial District — T. Tietjens Councilmember Clausen moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED. Page 1 of 5 July 11, 2011, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 7. DISCUSSION OR OTHER ACTION (a) Consider approval or other action awarding Bid # 11005 and authorizing the City Manager to enter into a contract with Paskey, Inc., for construction of the Oakhurst Drainage Improvements — J. Garza Senior Engineer discussed awarding Bid # 11005 and authorizing the City Manager to enter into a contract with Paskey, Inc for construction of the Oakhurst Drainage Improvements. Councilmember Leonard moved to award Bid #11005 and authorized the City Manager to enter into a contract with Paskey, Inc. for the construction of the Oakhurst Drainage Improvement Project. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek, Leonard, Engelken, Clausen and Kaminski Nays: None (b) Discussion or other action regarding the Concrete Street Program in the City of La Porte — J. Garza City Engineer Julian Garza discussed the Concrete Street Program in the City of La Porte. (c) Discussion or other action regarding adoption of a Water Service Line Protection program through Utility Service Partners, Inc. and the North Central Texas Council of Governments that would offer water and sanitary sewer service line repair coverage to homeowners within the City of La Porte — T. Leach /D. Mick Assistant City Manager Traci Leach and Public Works Director Dave Mick discussed adoption of a Water Service Line Protection program through Utility Service Partners, Inc. and the North Central Texas Council of Governments that would offer water and sanitary sewer service line repair coverage to homeowners within the City of La Porte. Councilmember Kaminski asked staff to verify with the City Attorney if Utility Service Partners, Inc. is allowed to use the City's logo on promotional materials. Councilmember Moser asked the time -frame as to when Utility Service Partners, Inc., would pay participating plumbers for their work. Staff will find out and report back to Council. Councilmember Zemanek commented it is not a good idea to have other companies use the City's logo. Dave Mick advised Council there will be answers regarding the logo and timeframe of paying plumbers at the July 25 Council Meeting. Council directed staff to bring this item back at the July 25 Council Meeting as a workshop and possible action item. (d) Discussion or other action regarding of the acceptance of property donation to the City of La Porte from the La Porte Main Street Association, for Lots 29 and 30, Block 39 on Main St. in La Porte — S. Osborne Page 2 of 5 July 11, 2011, City Council Meeting Minutes Economic Development Coordinator Stacey Osborne discussed acceptance of this property donation to the City of La Porte from the La Porte Main Street Association for Lots 29 and 30, Block 39 on Main St. in La Porte. Councilmember Leonard filed a conflict of affidavit with City Secretary Patrice Fogarty. Councilmember Moser asked to find out if there are taxes owed on the property and how much it would cost to build a parking lot on the property and the number of spaces a parking lot would provide. Councilmember Martin questioned if the property is accepted, would the City pay the delinquent taxes. Ms. Osbome answered, yes. Councilmember Moser moved to table the item until the next meeting. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek, Clausen, Engelken and Kaminski Nays: None Abstention: Councilmember Leonard Staff was directed to put this item on the July 25 agenda, and provide final acquisition cost including taxes owed, cost of a parking lot, and the number of spaces a parking lot. 8. PUBLIC HEARING AND ASSOCIATED ORDINANCE (a) Public Hearing to receive comments regarding revisions and amendments to the current La Porte Water Conservation and Drought Contingency Plan (this item was tabled at the meeting of City Council held on June 27, 2011) — D. Mick City Council opened the public hearing at 7:06 p.m. Public Works Director Dave Mick presented amendments to the current La Porte Water Conservation and Drought Contingency Plan. City Council was informed the volunteer reduction worked by lowering water usage. During a Stage 2 Water Condition, door hangers would be issued as a warning, the violation would be documented and then a surcharge would be implemented if violations continued. Mr. Mick also indicated another goal is to mitigate usage spikes. Councilmember Engelken suggested staff to do a better job advising and educating citizens by communicating using Reverse 9 -1 -1. Councilmember Mosteit also suggested Council avail itself of the provision in the Open Meetings Act regarding posting of an emergency meeting if needed to implement emergency plans. Dave Mick advised staff can make the current plan work. Phillip Hoot, 927 Seabreeze, addressed City Council and suggested citizens be requested to conserve water now if there are indications of imminent drought conditions. Chuck Rosa, 812 S. Virginia, addressed Council and suggested the City contact citizens and notify them the cost of water increases with usage during drought conditions. Ted Powell, 1700 Roscoe, addressed City Council and suggested using the court system to ensure compliance of water conservation. Page 3 of 5 July 11, 2011, City Council Meeting Minutes John Kling, 11025 Pinewood, addressed City Council stating he is not in favor of citizens being fined for non - compliance during drought conditions. John NoIley, 2819 E. Street, addressed City Council advising citizens be notified of drought conditions via Reverse 9 -1 -1 in addition to adding comments that water will be used during emergency situations such as a Fire. The Public Hearing closed at 7:57 p.m. There was no motion forthcoming on this item. Council moved to the next item. 9. REPORTS Receive report from the Drainage and Flooding Committee — Councilmember Mosteit Chairman Mosteit reported the Drainage and Flooding Committee met and discussed Proposals for Engineering Services for future drainage projects. The committee directed staff not to pursue Northwest Park Diversion Basin (Redirection of F101 -06). The committee will meet prior to the first Council Meeting in August. The proposals for Engineering Services will be presented to complete City Council the first meeting in August. At this time, Mayor Rigby requested the ordinance caption be read on Consent Item 6B, as it was overlooked at the time of Council action on the Consent Agenda. Randy Strong, substitute counsel, read the caption of the ordinance as follows: AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND FR/CAL INTERPORT, LLC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. 10. 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 Assistant City Manager Traci Leach did not have further comments. 11. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. All councilmembers expressed thanks to the La Porte Community Civic Club for the Juneteenth Program, congratulated Nicole Wells and Randy Cernosek, remarked how nice the July 4 Parade and fireworks were, and thanked Randy Strong for substituting as legal counsel. Additionally, sympathy was expressed to the Askins family on the loss of Knox Askins' brother. Councilmember Clausen congratulated Councilmember Kaminski on her election to office. In addition to comments expressed by other councilmembers, Mayor Rigby thanked Councilmember Leonard for his service as Mayor Pro -Tem, and thanked George Watkins for a job well done on the July 4 Parade. He also asked Parks and Recreation Director Stephen Barr to distribute the Harris County Transit Program pamphlets to senior citizens, and to please check on the palm trees along SH -225. The Mayor also directed Assistant City Manager Leach to visit with City Manager Bottoms regarding not scheduling meetings prior to City Council Meetings due to some committee meetings lasting past 6:00 p.m. Page 4 of 5 July 11, 2011, City Council Meeting Minutes 12. 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. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 14. ADJOURN There being no further business, Mayor Pro -Tem Engelken made a motion to adjourn the meeting at 8:07 p.m. Respectfully submitted, OP ' Patrice Fogarty, .J Secre r Passed and a • •roved on July 25, 2011. l e C a .. Mayor Lo is R. Rigby ip Page 5 of 5 July 11, 2011, City Council Meeting Minutes