2014-11-10 Regular Meeting of La Porte City Council minutes

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Councilmember Earp moved to approve an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter 106, Zoning, as written. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3551: AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN ITS ENTIRETY IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND PROVIDING AN EFFECTIVE DATE HEREOF. 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. Councilmember Clausen asked if the item is being discussed because restaurants are requesting fees be lowered. Public Works Director Dave Mick responded a restaurant owner has questioned whether restaurants should be included in the Industrial Waste Ordinance. Councilmember Clausen asked where schools are placed in the Industrial Waste Ordinance. Mr. Mick responded there is no surcharge on schools. Councilmember Martin asked if the City of Deer Park does not include restaurants in their Industrial Waste Ordinance as stated in an email from the owner of Gringo's restaurant. Public Works Director Dave Mick responded that the City of Deer Park's ordinance has the authority to include restaurants. Councilmember Martin questioned where the BOD (Biochemical Oxygen Demand) figures come from. Mr. Mick and Industrial Waste Inspector Pam Kroupa responded, "The contract laboratories hired by restaurants." Councilmember Martin commented he may be in favor of a different rate for food establishments. Councilmember Kaminski asked if the City of Baytown is doing the same with surcharge fees. Public Works Director Dave Mick responded the City of Baytown has the same formula. Councilmember Kaminski questioned how long has the process been in place. Mr. Mick responded the formulas have been in place for decades; the operation and maintenance changes over the years, based on the current budget. Councilmember Moser asked if the restaurants are allowed the get the BOD (Biochemical Oxygen Demand) figures retested to see if the rate can be reduced, or do they have to wait for a period of time. Mr. Mick responded yes they can get a retest; and it varies case by case and the time period depends on what the restaurant needs to do. Industrial Waste Inspector Pam Kroupa added when a test result comes in bad, it is usually due to it being sampled in the wrong place; and the restaurant does not have to wait three weeks to do a retest. Ms. Kroupa stated that requesting an establishment to wait three weeks is part of the corrective action if they have to clean a grease trap. Councilmember Moser asked it the retest is good, is the bill readjusted. Ms. Kroupa responded yes. Councilmember Zemanek asked if the Industrial Waste surcharge Ordinance was established for the truck washing facilities in town. Public Works Director Dave Mick responded yes that is his Page 5 of 8 November 10, 2014, Council Meeting Minutes