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Councilmember Earp moved to approve an Ordinance amending Chapter 106, Zoning of the Code of <br />Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter <br />MOTION PASSED. <br />106, Zoning, as written. Councilmember Moser seconded. <br /> <br />Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, <br />Clausen, Kaminski, Earp, Leonard and Martin <br /> Nays: None <br /> Absent: None <br />Ordinance 2014-3551: <br />Prior to council action, Assistant City Attorney Clark Askins read the caption of AN <br />PORTE IN ITS ENTIRETY IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE; PROVIDING <br />THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A <br />MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND <br />DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br /> <br />8. DISCUSSION OR OTHER ACTION <br />(a) <br />Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial <br /> <br />Waste Ordinance - D. Mick <br /> <br />Public Works Director Dave Mick presented a summary. <br /> <br />Councilmember Clausen asked if the item is being discussed because restaurants are requesting fees <br />be lowered. Public Works Director Dave Mick responded a restaurant owner has questioned whether <br />restaurants should be included in the Industrial Waste Ordinance. Councilmember Clausen asked <br />where schools are placed in the Industrial Waste Ordinance. Mr. Mick responded there is no surcharge <br />on schools. <br /> <br />Councilmember Martin asked if the City of Deer Park does not include restaurants in their Industrial <br />Waste Ordinance as stated in an email from the owner of nt. Public Works Director <br />Dave Mick responded <br />Councilmember Martin questioned where the BOD (Biochemical Oxygen Demand) figures come from. <br />Mr. Mick and Industrial Waste Inspector Pam Kroupa respondedhe contract laboratories hired by <br />restaurants. Councilmember Martin commented he may be in favor of a different rate for food <br />establishments. <br /> <br />Councilmember Kaminski asked if the City of Baytown is doing the same with surcharge fees. Public <br />Works Director Dave Mick responded the City of Baytown has the same formula. Councilmember <br />Kaminski questioned how long has the process been in place. Mr. Mick responded the formulas have <br />been in place for decades; the operation and maintenance changes over the years, based on the <br />current budget. <br /> <br />Councilmember Moser asked if the restaurants are allowed the get the BOD (Biochemical Oxygen <br />Demand) figures retested to see if the rate can be reduced, or do they have to wait for a period of time. <br />Mr. Mick responded yes they can get a retest; and it varies case by case and the time period depends <br />on what the restaurant needs to do. Industrial Waste Inspector Pam Kroupa added when a test result <br />comes in bad, it is usually due to it being sampled in the wrong place; and the restaurant does not have <br />to wait three weeks to do a retest. Ms. Kroupa stated that requesting an establishment to wait three <br /> <br />610 <br />Page of <br />November 10, 2014, Council Meeting Minutes <br /> <br /> <br />