2014-01-27 Regular Meeting of La Porte City Council minutes

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(d) Consider approval other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by changing the zoning classification of a 17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens (Postponed at the October 28, 2013, and December 9, 2013, meetings until January 27, 2014, meeting.) Item postponed until the February 10, 2014, meeting. See minutes for Item 7a. 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the City of La Porte Municipal Code, Section 70-179, Parking time limit for trailers, semitrailers and other types of trailers; and truck routes — K. Adcox Police Chief Ken Adcox presented a summary and advised, according to the current City of La Porte Code of Ordinances, in Article V. Section 70-179, it is unlawful for any person to knowingly leave, stand or park a commercial vehicle at any location along the truck route unless the location is authorized to accommodate truck parking. Chief Adcox advised that the Police Department has been strictly enforcing the ordinance as requested for the past 60 to 90 days, which has caused controversy. Chief Adcox advised there have been questions from business owners for the specific meaning of the wording "authorized to accommodate truck parking." Owners state they are authorizing the trucks to park in their lots. Chief Adcox advised Council the ordinance does not define the meaning of "authorized to accommodate truck parking," which makes it difficult to provide direction to allow truck parking at businesses. Chief Adcox stated Council may want to consider amending the ordinance by changing the wording from "specifically authorized to accommodate truck parking" to "specifically designed and marked to safely accommodate truck parking." What that would mean is if someone builds a new building along a truck route, and they want to allow trucks to park there, they would need to show it in the site plan and parking plan and show striping that would allow for trucks to safely park there. If the City approves it, then it would fall under the law as specifically designed and marked to safely accommodate truck parking. If someone wants to amend an existing parking plan at an existing building, one could request a permit to reconfigure and re -stripe accordingly. As it stands, it is so vague and ill-defined, staff is having difficulty explaining it. Councilmember Mosteit stated there seems to be some conflict between the truckers and their interpretation of the law and Council's interpretation of the law. Do we need Legal to give us an interpretation before we enforce this? Are we on legal ground? Councilmember Zemanek asked how long has the ordinance been in effect. Police Chief Adcox responded, "...for decades." Councilmember Zemanek stated, "And we are just now finding out we have a problem with it. Chief Adcox responded yes, sir, after the Police Department began strictly enforcing the ordinance. Councilmember Zemanek commented he is opposed to where the trucks have been found parking. He stated finding eight trucks at Burger King and Kroger during lunch is atrocious when they have the opportunity to stop at three other sites in the City. He asked what the cities of Bellaire, Seabrook, and Piney Point do; why are we any different. Councilmember Zemanek commented the City should move forward with enforcing the ordinance. Councilmember Moser commented he agrees with David Brady regarding appointing a citizen committee to work with the Police Department and business owners to review and discuss the rules and regulations, and come back to Council in the future with a master plan for the City and trucks. Councilmember Kaminski commented she has concerns with 18 wheelers sitting at Five Points at 5:00 a.m. They are parking behind Main 101; and down by Lunsford's, they are just sitting and waiting to get to the Port. Councilmember Kaminski also commented that DOT inspections quit at 3:00 p.m.; and trucks are accessing the Port from 3:00 p.m. — 7:00 p.m. from Blackwell and Lobit, and through the neighborhood. She stated more and more trucks are getting on Main Street. Any time you want to, you can see all numbers of trucks at 5:00 a.m. waiting to get to the Port. She stated she is not against trucks, that they deliver her products so she can make a living; and she Page 4 of 10 January 27, 2014, Council Meeting Minutes