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Home My WebLink About2015-04-13 Regular Meeting of La Porte City Council minutes LOUIS RIGBY O�: L" A Mayor O DARYL LEONARD JOHN ZEMANEK !.� ,.` Councilmember District 3 Councilmember At Large A tl rim TOMMY MOSER DOTTIE KAMINSKI Mayor Pro Tem Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP *ex►e Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 13, 2015 The City Council of the City of La Porte met in a regular meeting on Monday, April 13, 2015, 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. Members of Council present: Councilmembers Kaminski, Martin, Earp, Leonard, Clausen, Zemanek and Engelken. Absent: Councilmember Moser. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. 2. INVOCATION—The invocation was given by Windell Gill, First Baptist Church. 3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation—Fair Housing Month in the City of La Porte—Mayor Rigby Mayor Rigby presented the proclamation on Fair Housing Month, and Planning Director Tim Tietjens accepted it. (b) Proclamation—National Volunteer Week—Mayor Rigby Mayor Rigby presented the National Volunteer Week proclamation. Chief Adcox shared the proclamation with the volunteers:who were in attendance. (c) Proclamation— National Public Safety-Telecommunications Week—Mayor Rigby Mayor Rigby presented the National Public Safety-Telecommunications Week proclamation. Chief Adcox shared the proclamation with the telecommunicators who were in attendance. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, addressed Council in regards to the La Porte Development Corporation Board awarding economic development incentives to new businesses. He is not in favor of doing this, and believes the ED Board needs to be abolished. Al Flores, 2601 Underwood, general counsel for Gringo's, addressed Council in regards to Item 8a, the surcharge fee component of the City of La Porte Industrial Waste Ordinance. Mr. Flores suggested Council revisit the definition of industrial waste and commented he does not believe the definition includes restaurants. I Page 1 of 5 April 13,2015, Council Meeting Minutes Jeff Brown, 1302 S. Broadway, addressed Council and invited everyone to the Annual Shrimp Boil on April 18, 2015, at the Special Programs Center. Mr. Brown informed plates are $10.00 and tickets are for sale tonight at the council meeting and also the day of the event, which is from 11 a.m. to 1 p.m. 6. CONSENT AGENDA(All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the City Council Meeting held on March 23, 2015—P. Fogarty (b) Consider approval or other action regarding a Mutual Aid Agreement between the City of La Porte and Harris County for disaster services—D. Mahan (c) Consider approval or other action to purchase medical supplies and pharmaceuticals from Bound Tree Medical under the terms of the Interlocal Purchasing Agreement with the City of Houston and METRO—C. Daeumer (d) Consider approval or other action awarding Bid No. 15009 for Aerator Rotor Gear Boxes D. Mick (e) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Carson Bayport 2, LLC., for property located at 4300 Malone Dr., in the Bayport Industrial District —T. Tietjens (f) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary',Sewer Service Agreement with IPT Bayport DC, LP, for property located at 4330 Underwood Rd., in the Bayport Industrial District —T. Tietjens (g) Consider approval or other action authorizing the City Manager to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Schutz Container Systems, Inc., for property located at 4720 Underwood Rd., in the Bayport Industrial District —T. Tietjens (h) Consider approval or other action regarding a contract with Paskey Incorporated for the construction of the D Street Outfall Structure in the amount of $139,135.59, plus a 5% contingency of$6,956.78,for a total requested amount of$146,092,37—B. Eng Councilmember Leonard moved to approve the Consent Agenda items pursuant to staff recommendations. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Engelken, Martin, Zemanek, Kaminski and Earp Nays: None Absent: Councilmember Moser 7. AUTHORIZATIONS (a) Consider approval or other action to reschedule or cancel the May 25, 2015, Council meeting due to the Memorial Day holiday—P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Engelken moved to cancel the May 25, 2015, City Council meeting due to the Memorial Day holiday. Councilmember Earp seconded. MOTION PASSED. Page 2 of 5 April 13, 2015, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, Engelken, Martin, Zemanek, Kaminski and Earp Nays: None Absent: I Councilmember Moser 1 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action'regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance—D. Mick Public Works Director Dave Mick presented a summary and passed out a community survey of other cities. Mr. Mick advised even on higher Biological Chemical Demand (BOD), the plant never reaches the top capacity. In addition, Mr. Mick provided four different options to reduce surcharge rates for Industrial Waste. Councilmember Zemanek moved to adopt Option 2 and have staff review it for a 6-month period, and bring back an ordinance for official adoption. Councilmember Leonard seconded. MOTION PASSED. Ayes: Councilmembers Clausen, Leonard, Engelken, Zemanek, Kaminski and Earp Nays: Mayor Rigby and Councilmember Martin Absent: Councilmember Moser (b) Discussion or other action regarding maintenance of Buy-Out properties in the Brookglen Neighborhood—T. Leach City Manager Corby Alexander presented a summary. Councilmember Engelken advised properties were purchased by Harris County Flood Control with participation and following guidelines with FEMA. Councilmember Engelken informed the properties are only being mowed once a month and are not maintained. Councilmember Engelken advised Council he would like Council to'direct staff to write a letter to the U.S. Justice Department advising that Harris County Flood Control is not following FEMA guidelines. Mayor Rigby questioned City Manager Alexander if a letter was sent last year in August to the Justice Department regarding the maintenance of buy-out properties in the Brookglen Neighborhood. Mr. Alexander advised an email was sent to the Justice Department Customer Service Hotline, and no response has been received. Mayor Rigby asked staff to call the Justice Department and get the name of a direct contact person if it is the desire of Council to move forward with Councilmember Engelken's request; and, in addition, make one more phone call to Harris County Flood Control District. Councilmember Leonard suggested issuing citations on all 44 lots. Planning and Development Director Tim Tietjens advised 10-day warning letters were sent to Harris County Flood Control and believes they argued immunity. Public Works Director Dave Mick addressed Council and advised Harris County Precinct 2 is on track with getting the lots mowed, Councilmember Engelken commented that with no results, it is now time for them to answer to a higher authority. Councilmember Earp asked what will it take to get the properties reclaimed, back on the tax rolls and what can be done to rebuild the land. City Manager Corby Alexander informed it is his understanding that is not an option with Harris County Flood Control. Mr. Alexander advised staff Page 3 of 5 April 13,2015, Council Meeting Minutes can certainly explore the options. Planningand Development Director Tim Tietjens advised a deed P J was filed for each acquisition and the property is open space and the program in which the land was acquired was through a Hazard Grant Mitigation Program. Mr. Tietjens commented it may be possible without federal legislation. Councilmember Earp asked if local representatives can be contacted to inquire. City Manager Corby Alexander informed staff has a tentative meeting with Congressman Babin in May and will forward the information to anyone who has an interest in attending the meeting. Councilmember Engelken moved to file a complaint with the Justice Department. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Leonard, Engelken, Zemanek, Kaminski and Earp Nays: None Absent: Councilmember Moser 9. REPORTS (a) Receive report of the Drainage and Flooding Committee Meeting—Councilmember Clausen Councilmember Clausen provided a report from the Drainage and Flooding Committee meeting held on March 30, 2015. (b) Receive report of the La Porte Development Corporation Board Meeting — Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board Meeting held on April 6, 2015. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised he will see everyone at the Council Budget Retreat on Saturday, April 18, 2015. 11. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin and Mayor Rigby. Councilmember Zemanek commented he read a great article in the Houston Chronicle on Councilmember Kaminski and her family; Councilmember Engelken congratulated the recipients receiving proclamations tonight and thanked Council for their support on the Brookglen issue; Mayor Rigby reported he testified in Austin on surge protection; he and Mayor Bechtel also testified on heavy haul. The Mayor reported there is no companion bills in the Senate on heavy haul and everyone in Austin spoke in favor of the surge protection. 12. EXECUTIVE SESSION The City 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, including, but not limited to, the following: Texas Government Code, Section 551.074 — Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Denise Mitrano, Municipal Court Judge. City Council recessed the regular Council meeting to convene an executive session at 7:13 p.m. to evaluate Denise Mitrano, Municipal Court Judge. Page 4 of 5 April 13,2015, Council Meeting Minutes 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 7:40 p.m. Councilmember Kaminski moved to grant Denise Mitrano, Municipal Court Judge a 4.5 percent increase on her salary only. Her car allowance will not be increased by the 4.5 percent. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Martin, Clausen, Kaminski, Engelken, Zemanek, and Earp Nays: None Absent: Councilmember Moser 14. ADJOURN There being no further business; the meeting adjourned at 7:40 p.m. Patrice Fogarty, Cit Secretan Passed and p o e on April 27, 2015. May r Lou' R. Rigl�) Page 5 of 5 April 13,2015, Council Meeting Minutes