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Home My WebLink About2012-04-09 Regular Meeting of the La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 9, 2012 DARYLLEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, April 9, 2012, 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 6:03 p.m. Members of Council present: Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin. Councilmember Clausen was absent. Also present were City Secretary Patrice Fogarty, Interim City Manager Steve Gillett, Assistant City Manager Traci Leach 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 proclaiming April 15-21 as National Volunteer Week. (b) Mayor Rigby presented a proclamation proclaiming April 8-14 as National Public Safety - Telecommunications Week. 5. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 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 the minutes of the City Council meeting held on March 26, 2012 — P. Fogarty (b) Consider approval or other action regarding an ordinance repealing Ordinance 2011-3302 relating to prohibition of certain smoking substances — K. Adcox (c) Consider approval or other action regarding an ordinance amending the City of La Porte Fiscal Year 2011-2012 Budget — M. Dolby (d) Consider approval or other action awarding Bid #12014 for annual concrete street and drainage repairs — D. Mick (e) Consider approval or other action awarding Bid #12018 for asphalt black base — D. Mick Page 1 of 5 April 9, 2012, City Council Meeting Minutes Assistant City Attorney Clark Askins read the caption of Ordinance 3407 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REPEALING ARTICLE VI. "PROHIBITION OF CERTAIN SMOKING SUBSTANCES," IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Clark Askins read the caption of Ordinance 3408 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item C, Councilmember Zemanek requested Finance Director Michael Dolby to provide details for payment of $10,000 to Bay Area Convention and Visitor's Bureau. Councilmember Zemanek questioned the total annual amount paid to Bay Area Convention and Visitor's Bureau. Economic Development Coordinator Stacey Osborne responded 15 percent of revenue from hotel/motel taxes. Councilmember Moser questioned how return investments are measured. Economic Development Coordinator Stacey Osborne responded there are two Board of Directors appointed by City Council; she is one of them. She also serves as Chairman of the Board, and the Bay Area Convention and Visitor's Bureau provided monthly expenditure reports. Councilmember Martin moved to approve Consent Agenda Items A, B, D, and E pursuant to recommendations by City Staff. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen Councilmember Martin moved to approve Consent Agenda Item C pursuant to recommendations by City Staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Engelken, Leonard, and Martin Nays: Zemanek, Moser and Kaminski Absent: Councilmember Clausen 7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the Planning Director to execute a pipeline permit to HSC Pipeline Partnership, LLC, for the installation of a 20" NGL pipeline through the City of La Porte — T. Tietjens Planning Director Tim Tietjens presented a summary. Councilmember Leonard moved to approve authorizing the Planning Director to execute a pipeline permit to HSC Pipeline Partnership, LLC, for the installation of a 20" NGL pipeline through the City of La Porte. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Page 2 of 5 April 9, 2012, City Council Meeting Minutes Absent: Councilmember Clausen (b) Consider approval or other action authorizing the Interim City Manager to execute a contract with Peltier Brothers Construction, LTD., for the reconstruction of Lift Station No. 6 — D. Mick Public Works Director Dave Mick presented a summary. Councilmember Moser moved to approve authorizing the Interim City Manager to execute a contract with Peltier Brothers Construction, LTD., for the reconstruction of Lift Station No. 6. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen (c) Consider approval or other action authorizing the Interim City Manager to execute a contract with Angel Brothers Enterprises, LTD., for annual asphalt overlay project — D. Mick Public Works Director Dave Mick presented a summary. Councilmember Moser moved to approve authorizing the Interim City Manager to execute a contract with Angel Brothers Enterprises, LTD., for annual asphalt overlay project. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen (d) Consider approval or other action authorizing the Interim City Manager to sign a Memorandum of Agreement with Sutphen Corporation for the purchase of additional fire trucks over multi -year period— D. Ladd Assistant Fire Chief Donald Ladd presented a summary. Councilmember Zemanek moved to approve authorizing the Interim City Manager to sign a Memorandum of Agreement with Sutphen Corporation for the purchase of additional fire trucks over multi -year period. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen (e) Consider approval or other action authorizing the Interim City Manager to execute an agreement with Jackson Ryan Architects for a design contract for the proposed City of La Porte Animal Shelter — K. Adcox Chief of Police Ken Adcox presented a summary. Councilmember Zemanek moved to approve authorizing the Interim City Manager to sign a Memorandum of Agreement with Sutphen Corporation for the purchase of additional fire trucks over multi -year Period. Councilmember Leonard seconded. MOTION PASSED. Page 3 of 5 April 9, 2012, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen 8. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding condemnation of substandard building at 1307 E. Main Street (This public hearing is continued from the January 9, 2012, City Council meeting) — D. Wilmore City Council opened the public hearing at 6:39 p.m. regarding condemnation of substandard building at 1307 E. Main Street. Chief Building Official Debbie Wilmore presented a summary. There were no public comments. (b) Consider approval or other action directing staff to close the condemnation file and allow the new owner to complete the work of substandard building located at 1307 E. Main Street or restart the condemnation process of substandard building located at 1307 E. Main Street with the new owner — D. Wilmore City Council closed the public hearing at 6:40 p.m. Councilmember Moser moved to close the file and allow staff to work with the new owner. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Councilmember Clausen 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding current dangerous building regulations — D. Wilmore Chief Building Official Debbie Wilmore discussed the current dangerous building regulations. Councilmember Leonard moved to direct staff to draft a proposed ordinance. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays: None Absent: Clausen 10. STAFF REPORTS (a) Receive Annual Police Department Report from 2011 — K. Adcox Chief of Police Ken Adcox presented the 2011 Annual Police Department Report. (b) Receive Drainage Report — J. Garza Page 4 of 5 April 9, 2012, City Council Meeting Minutes Senior Engineer Julian Garza presented the Drainage Report. (c) Receive Report of La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board. 11. ADMINISTRATIVE REPORTS (a) City Council Budget Retreat, Saturday, April 14, 2012 (b) Planning and Zoning Commission Meeting, Thursday, April 19, 2012 (c) Fiscal Affairs Committee Meeting, Monday, April 23, 2012 (d) City Council Meeting, Monday, April 23, 2012 (e) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby. Councilmember Martin questioned the opening date for the new Dog Park. Mayor Rigby informed the Dog Park will have the soft opening on April 28th with a grand opening the following weekend. Councilmember Martin also commented he attended the Arts and Craft Show at the Five Points Plaza and reminded everyone of the upcoming Red Suspenders Shrimp Boil. Councilmember Zemanek commented he attended the FFA Cookoff and hopes to see the association in the new facility next year. Councilmember Leonard congratulated the recipients of the proclamations. Councilmember Mosteit thanked the recipients of the proclamation for their volunteer work in the community and reminded everyone of the La Porte Livestock Show showing of animals on April 16, 17, and 18, with the auction on the 19th. Mayor Rigby congratulated the recipients of the proclamations, and thanked them for their service. 13. 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. No executive session was convened. 14. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 15. ADJOURN There being no further business, the regular council meeting adjourned at 7:14 p.m. Re ectfully submMMitted, Patrice Fogarty, Ci ecret y Passedrf r v n April 23, 2012. Ma or L uis 14. Rigb 0 Page 5 of 5 April 9, 2012, City Council Meeting Minutes