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Home My WebLink About2011-07-25 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 • JOHN ZEMANEK O F TOMMY MOSER C Councilmember at Large A DOTTIE KAMINSKI I. Councilmember District 4 Councilmember at Large B v J 4 nt JAY MARTIN m MIKE MOSTEIT Councilmeber District 5 Councilmember District 1 C^ 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 25, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, July 25, 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 6:00 p.m. All members of Council were present. 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 Kaminski. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS — There were none. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Mr. Gideon Jones, 10403 Quiet Hill, La Porte, provided information on the La Porte Airplane and Auto Show, taking place on September 24, 2011, at the La Porte Airport. The rain date is October 1, 2011. He stated the focus is to acquire items for the troops, bring attention to the airport, and to educate youth. He asked for Council's support, citing he believes this event will be good for the community. 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 and /or separate action. (a) Consider approval or other action of minutes of the July 11, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding a recommended date of September 12, 2011, for the Public Hearing on the City of La Porte's FY 2011 -2012 Proposed Budget — M. Dolby (c) Consider approval or other action authorizing the payoff of delinquent taxes for Lots 12 and 13, Block 1129 and the transfer of Lots 12 and 13, Block 1129 to the Harris County Flood Control District in exchange for Lots 15 and 16, Block 1130 for a proposed easement for Lift Station #6 — D. Mick (d) Consider approval or other action authorizing expenditures to fund building improvements at Brookglen Recreation Center and irrigation system at the Lomax Park Arena — S. Barr Councilmember Leonard moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Martin seconded. MOTION PASSED. Page 1 of 4 July 25, 2011, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 7. AUTHORIZATIONS (a) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into 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 (This item was tabled from the July 11, 2011, City Council Meeting.) Chief of Police Ken Adcox presented a summary. Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITYOF MORGAN'S POINT, TEXAS TO PROVIDE EMERGENCT 911 DISPATCH AND JAIL SERVICES, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDING AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve this ordinance. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action authorizing an Interlocal Agreement with the North Central Texas Council of Governments and a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte — T. Leach /D. Mick Public Works Director Dave Mick addressed Council on whether to enter into an interlocal agreement with the North Central Texas Council of Governments and a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte. Assistant City Attorney Askins stated it is legal to allow USP to use the City's logo in their campaign, and the contract stipulates how they can use the City's logo. He also stated there is an indemnity clause in the contract. Councilmember Engelken stated he contacted Jack Steele, Executive Director of HGAC, to determine his thoughts on partnering with USP and the NCTCOG. At the time of this Council meeting, he had not heard back from him. Councilmember Zemanek asked if there was an "out clause" in the agreement, and Assistant City Attorney Askins stated language would need to be added. Mayor Rigby and Councilmembers Mosteit and Leonard were concerned with their use of City's logo, and how it would appear to the citizens as an endorsement by the City. Page 2 of 4 July 25, 2011, City Council Meeting Minutes Councilmember Clausen stated that since this program was vetted by the National League of Cities and the NCTCOG, the program should be viewed in a different light than just a fly -by -night company. A representative from USP spoke regarding the program. Council Engelken moved to deny authorizing an Interlocal Agreement with the North Central Texas Council of Governments with a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Engelken, Moser, and Kaminski Nays: Councilmembers Mosteit, Clausen, and Martin (b) Discussion or other action regarding 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. Osbome (This item was tabled from the July 11, 2011, City Council Meeting.) Economic Development Coordinator Stacey Osborne presented this item. Councilmember Daryl Leonard signed a Conflict Affidavit regarding this item. Discussion ensued regarding the acceptance of property donations 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. Concerns were given regarding the cost to construct a parking lot vs. the number of parking spaces garnered after construction. Councilmember Moser moved to deny accepting the donation of this property. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None Abstention: Councilmember Leonard (c) Discussion or other action regarding the blue tarp report previously given at the July 11, 2011, Council Meeting — D. Wilmore Building Official Debbie Wilmore further discussed the Blue Tarp Report previously given at the council meeting on July 11, 2011. Council requested staff provide information regarding the list of homes not having a homestead exemption, and requested that staff contact owners of these homes to verify if they are, in fact, renting out the home. They also asked staff to inquire as to the owners' potential plans for replacing the blue tarps. Staff will provide updated information at the August 22 meeting. 9. RECEIVE REPORTS Receive report from the Fiscal Affairs Committee — Councilmember Engelken reported the Fiscal Affairs Committee met at 5 p.m. on July 25, and stated the Committee will conduct interviews on August 2 of five auditing firms who submitted regarding the RFQ for independent auditing services. Page 3 of 4 July 25, 2011, City Council Meeting Minutes 10. ADMINISTRATIVE REPORTS — R. Bottoms August 1, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. August 2, 2011 — Fiscal Affairs Committee — 3:00 p.m. August 4, 2011 — Drainage and Flooding Committee Meeting — 5:00 p.m. August 8 -12, 2011 — City Council Budget Workshop Meetings August 19 -20, 2011 — TML Region 14 Fall Meeting — Galveston, Texas August 22, 2011 — City Council Meeting 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Moser, Martin and Mayor Rigby. There were no council comments from Councilmembers Kaminski, Zemanek, Clausen, Leonard, Moser, and Engelken. Councilmember Mosteit stated the local barbershop moved; Councilmember Martin and Mayor Rigby thanked Mr. Jones for the information about the air show. 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. There was no executive session. 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 7:04 p.m. Respectfully submitted, Patrice Fogarty, * Secr:!ary Passed andla oved on August 8, 2011. 1 A Mayor Lo is R. Ri • by Page 4 of 4 July 25, 2011, City Council Meeting Minutes