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Councilmember Engelken moved to approve Rezone Request # 13-92000001, for the rezoning of a <br />12.2544-acre tract of land located along Canada Road, from General Commercial (GC) to High <br />Density Residential (R-3). Councilmember Leonard seconded. MOTION PASSED. <br />Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Zemanek, <br />Mosteit, Kaminski, Martin and Clausen <br />Nays: None <br />Absent: Councilmember Moser <br />8. DISCUSSION OR OTHER ACTION <br />(a) Discussion or other action repealing the franchise fee for commercial solid waste collection <br />— Councilmembers Zemanek, Kaminski and Moser <br />Mayor Rigby asked Councilmember Kaminski if she would present the item for discussion since <br />Councilmembers Zemanek and Moser have dumpsters at their businesses, and it will provide them <br />financial benefits. Councilmember Zemanek questioned, due to the new conflict of interest <br />ordinance, would there also be a conflict when the budget is voted on since the Mayor receives <br />medical insurance. Mayor Rigby responded no. Councilmember Zemanek asked why not. Mayor <br />Rigby responded the budget is for the overall City and not directed only at him. Councilmember <br />Zemanek advised this item was directed at the 480 accounts in the City and not at him. <br />Assistant City Attorney Clark Askins advised there is not a distinguishable benefit to <br />Councilmembers Zemanek and Moser. Mayor Rigby asked Councilmember Zemanek if he would <br />like to present the item. Councilmember Zemanek responded yes, and presented the item to <br />repeal franchise fees for commercial solid waste collection. <br />Councilmember Clausen asked if the City will repeal franchise fees for CenterPoint, Comcast, etc. <br />Councilmember Leonard commented looking at other franchise taxes in La Porte, there are options <br />but not with garbage. <br />Councilmember Zemanek moved to repeal franchise fees for commercial solid waste collection <br />services. Councilmember Kaminski seconded. MOTION FAILED. <br />Ayes: Councilmembers Zemanek, Leonard and Kaminski <br />Nays: Mayor Rigby, Councilmembers Clausen, Martin, Engelken and <br />Mosteit <br />Absent: Councilmember Moser <br />(b) Discussion or other action awarding bid for Commercial Solid Waste Franchise Contract <br />with consideration of franchise fees — D. Mick <br />Public Works Director Dave Mick presented a summary. <br />Councilmember Zemanek questioned where are franchise fees allocated. Public Works Director <br />Mick responded from the General Fund for street repairs and maintenance of public rights -of -way. <br />Councilmember Zemanek questioned how much has been spent on street repairs during the last <br />eight years of collecting franchise fees. Mr. Mick responded staff would have to conduct some <br />research to provide an answer. <br />Councilmember Zemanek moved for the City to enter into a contract with WCA, Waste Corporation <br />of Texas, L.P., for commercial solid waste collections. Councilmember Leonard seconded. <br />MOTION PASSED. <br />Page 3 of 10 <br />August 12-13, 2013 City Council Meeting Minutes <br />