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HomeMy WebLinkAbout04-24-17 Regular Meeting of the La Porte City Council LOUIS R. RIGBYCHUCK ENGELKENCHUCK ENGELKEN MayorCouncilmember District 2Councilmember District 2 JOHN ZEMANEKDARYL LEONARD Councilmember At Large ACouncilmember At Large ACouncilmember District 3Councilmember District 3 DOTTIE KAMINSKIDOTTIE KAMINSKIKRISTIN MARTIN Councilmember At Large BCouncilmember At Large BCouncilmember District 4Councilmember District 4 DANNY EARPJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held April 24, 2017, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held April 24, 2017, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember John The Pledge of Allegiance will be led by Councilmember John Zemanek.Zemanek.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Proclamation Proclamation -- National Volunteer Week National Volunteer Week -- Mayor Rigby Mayor Rigby (b)Recognition Recognition -- Certificate of Appreciation John Samuel Gianukos Certificate of Appreciation John Samuel Gianukos -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) 6. AUTHORIZATIONSAUTHORIZATIONS (a)Consider approval or other action regarding minutes of the Council meeting held on April 10, Consider approval or other action regarding minutes of the Council meeting held on April 10, 2017 2017 -- P. Fogarty P. Fogarty 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)Public hearing to receive comments regarding the recommendation by the Planning and Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve amendments to regulations related to the parking of Zoning Commission to approve amendments to regulations related to the parking of commercial motor vehicles t retail parking lot businesses in commercial and industrial zones; commercial motor vehicles t retail parking lot businesses in commercial and industrial zones; consider approval or other action regarding an Ordinance amending Chapter 106 consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning”of the Code of Ordinances of the City of La Porte by amending regulations related to the parking the Code of Ordinances of the City of La Porte by amending regulations related to the parking of commercial motor vehicles at retail parking lot businesses in commercial and industrial of commercial motor vehicles at retail parking lot businesses in commercial and industrial zones zones --I. ClowesI. Clowes 8.REPORTS AND POSSIBLE ACTIONREPORTS AND POSSIBLE ACTION (a)Receive report on 125th Celebration and planned activities and take action, if necessary Receive report on 125th Celebration and planned activities and take action, if necessary - C. AlexanderAlexander 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •City Council Meeting, Monday, May 8, 2017City Council Meeting, Monday, May 8, 2017 •La Porte Development Corporation Board Meeting, Monday, May 22, 2017La Porte Development Corporation Board Meeting, Monday, May 22, 2017 •City Council Meeting, Monday, May 22, 2017City Council Meeting, Monday, May 22, 2017 10.10.COUNCIL COMMENTSCOUNCIL COMMENTSCOUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen,  J. information or existing policies. Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen,  J. Martin, K. Martin, Kaminski and Mayor Rigby.Martin, K. Martin, Kaminski and Mayor Rigby.   11.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if The City Council 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 (the Texas open applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the April 24, 2017, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the April 24, 2017, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on April 18, 2017.bulletin board on April 18, 2017. Council Agenda Item Council Agenda Item April 24, 2017 April 24, 2017 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember John The Pledge of Allegiance will be led by Councilmember John Zemanek.Zemanek.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Proclamation Proclamation -- National Volunteer Week National Volunteer Week -- Mayor Rigby Mayor Rigby (b)Recognition Recognition -- Certificate of Appreciation John Samuel Gianukos Certificate of Appreciation John Samuel Gianukos -- Mayor Rigby Mayor Rigby 5.5.PUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, during this week all over the nation volunteers will be recognized for their commitment to service; and WHEREAS, our La Porte Citizen Police Academy Alumni Association provided 3,385 hours of volunteer service to the City of La Porte last year, valued at more than $78,000 and making possible countless meaningful community initiatives; and WHEREAS, these volunteers are recognized as a great treasure to our community and an essential part of our future as a caring and productive city; and Now therefore, I, Louis Rigby, Mayor of the City of La Porte, do hereby proclaim April 23-29, 2017 as ÑNATIONAL VOLUNTEER WEEKÒ In La Porte, Texas and urge my fellow citizens to volunteer in their community. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the th 24day of April 2017. CITY OF LA PORTE ______________________________ Louis Rigby, Mayor On Thursday, February 22, 2017, at just after 7PM, John Samuel Gianukos, a La Porte Resident, observed a domestic assault taking place inside a retail store located in the 400 block of Fairmont Pkwy. The assault involved a male pushing a female down to the ground and dragging her by her hair before ripping her shirt. Mr. Gianukos decided to intervene before the young female victim was more seriously injured. Mr. Gianukos confronted the male aggressor and immediately stopped the assault. The aggressor, however, then began attacking Mr. Gianukos. During the subsequent confrontation, Mr. Gianukos suffered several injuries, including a chipped front tooth and a deep laceration to his head, which ultimately required six stitches. The suspect finally ended his hostility and fled the area. Responding La Porte Officers were able to locate the suspect a short time later and arrest him. It was further determined by responding officers that the suspect was traveling in a stolen vehicle. The suspect was charged with assaulting his girlfriend, assaulting Mr. Gianukos, and for operating a stolen vehicle. Due to the increasingly aggressive behavior of the suspect, it was clear that had it not been for Mr. Gianukos’ brave intervention, the female victim would have been much more seriously injured; and a violent criminal would have escaped justice. Mr. Gianukos is commended for his courage and willingness to do the right thing, even when placing his own welfare at risk. For these reasons, the City of La Porte is proud to present him with this Certificate of Appreciation. Council Agenda Item Council Agenda Item April 24, 2017 April 24, 2017 6.AUTHORIZATIONSAUTHORIZATIONS (a)Consider approval or other action regarding minutes of the meeting held on April 10, 2017 Consider approval or other action regarding minutes of the meeting held on April 10, 2017 - P. FogartyFogarty (b)Consider approval or other action regarding a Resolution opposing Senate Bill 715 Consider approval or other action regarding a Resolution opposing Senate Bill 715 - C. AlexanderAlexander ****************************************************************** ****************************************************************** LOUIS RIGBY CHUCK ENGELKEN Mayor Councilmember District 2 JOHN ZEMANEK DARYL LEONARD Councilmember At Large A Councilmember District 3 DOTTIE KAMINSKI KRISTIN MARTIN Councilmember At Large B Councilmember District 4 DANNY EARP JAY MARTIN Mayor Pro-Tem Councilmember District 5 Councilmember District 1 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 10, 2017 The City Council of the City of La Porte met in a regular meeting on Monday, April 10, 2017, 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 Engelken, J. Martin, Earp, Clausen, Leonard, Zemanek, and Kaminski. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. Councilmember Kristin Martin was absent. 2. INVOCATION The invocation was given by Dr. B. L. Worsham, Second Baptist Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rigby. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation Sexual Assault Awareness Month Mayor Rigby Mayor Rigby presented a proclamation to Melissa Prentice, Legal Advocate/Prevention Specialist with Bay Area Turning Point, in recognition of Sexual Assault Awareness Month. (b) Proclamation Fair Housing Month in the City of La Porte Mayor Rigby Mayor Rigby presented a proclamation to Director of Planning Richard Mancilla, in recognition of Fair Housing Month in the City of La Porte. (c) Proclamation National Animal Control Officer Appreciate Week Mayor Rigby Mayor Rigby presented a proclamation to Animal Control Officers and Staff in recognition of National Animal Control Officer Appreciation Week. (d) Proclamation National Public Safety Telecommunications Week Mayor Rigby Mayor Rigby presented a proclamation to Chief Kenith Adcox, Shaye Bradley, and Lt. Matt Daeumer in recognition of National Public Safety Telecommunications Week. 5. PUBLIC COMMENTS (Limited to five minutes per person.) There were no comments from the public. Page 1 of 4 April 10, 2017, Council Meeting Minutes 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 minutes of meeting held on March 27, 2017 P. Fogarty (b) Consider approval or other action regarding an Ordinance amending Sections 2 and 5 of Ordinance 2017-3661, concerning appointment of election judges for t election on May 6, 2017 P. Fogarty (c) Consider approval or other action regarding a Resolution authorizing the resale of tax delinquent property located at Lot 5, Block 1, Battleground Estates S. Wolny (d) Consider approval or other action regarding the purchase of Neptune meters from HD Supply M. Dolby (e) Consider approval or other action regarding proposed amendments to development agreement with Liberty Property Trust to allow exterior storage with identified restrictions in portion of Port Crossing Business Park C. Alexander (f) Consider approval or other action regarding a Resolution authorizing the City Manager and 2018 and 2019 Fiscal Liaison position K. Adcox (g) Consider approval or other action rejecting all bids for Bid # 17012 for Headstart Facility Parking Improvements D. Pennell (h) Consider approval or other action awarding Bid #17013 for an Automated Weather Observation System D. Pennell (i) Consider approval or other action awarding Bid #17014 for Lomax Arena parking Lot Improvements D. Pennell Regarding Item (i), Councilmember Earp asked Public Works Direction Don Pennell about the slope of parking lot, or if it will need to be crowned. Mr. Pennell responded they will need to do some leveling because there are some low spots. Councilmember Earp suggested to crown it a little to allow draining. Councilmember Chuck Engelken made a motion to approve the Consent Agenda Items pursuant to staff recommendations. Councilmember Danny Earp seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Kristin Martin was absent. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3673: AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTIONS 2 AND 5 OF ORDINANCE NO. 2017- 3661, ADOPTED ON JANUARY 9, 2017, WHICH, AMONG OTHER THINGS, ORDERED THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, TEXAS TO BE HELD ON MAY 6, 2017, AND APPOINTED ELECTION OFFICIALS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 2 of 4 April 10, 2017, Council Meeting Minutes 7. AUTHORIZATIONS (a) Consider approval or other action regarding an appeal by American denial for the operation of donation collection bins at 9701 Fairmont Parkway and 8300 Spencer Highway C. Alexander City Manager Corby Alexander presented a summary. Council adopted Ordinance No. 2017-3667, which imposed regulations on donation bins within city limits. Regulations include that each donation collection bin must have a permit, and that permit holders are organization. The applicant, American Recyclers, is City denied American Recyclers a permit because it is a for profit organization. No representative from American Recyclers attended the Council Meeting for the appeal. Councilmember Mike Clausen made a motion to deny appeal. Councilmember John Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Kristin Martin was absent. 8. REPORTS (a) Receive report of the Fiscal Affairs Committee Councilmember Engelken Councilmember Engelken provided a report of the La Porte Fiscal Affairs Committee meeting held immediately prior to the City Council Meeting. 9. ADMINISTRATIVE REPORTS There were no additional reports. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Kaminski reported that on Friday she attended the Spaghetti Dinner and went to the Police Department Meet the Candidates event. Councilmembers Zemanek and J. Martin recognized all the recipients of proclamations this evening and wished everyone a safe and happy Easter holiday weekend. Councilmembers Engelken, Earp, and Clausen had no comments. Mayor Rigby announced during the Houston Astros season opener the Astros displayed a video which Mayor Rigby, LyondellBasell members, and the Houston Astros Foundation announced their partnership in giving back to the City of La Porte youth ball fields; LyondellBasell and the Houston Astros Foundation made a commitment to the City of La Porte to help maintain/upgrade some of youth ball fields over the next three years. Mayor is extremely grateful to LyondellBasell and the Houston Astros Foundation for their support in the city of La Porte. 11. 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 Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano, Municipal Court Judge. Page 3 of 4 April 10, 2017, Council Meeting Minutes City Council recessed the regular Council meeting to convene an executive session at 6:24 p.m. regarding the subject of the executive session item listed above. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. City Council reconvened the regular council meeting at 6:55 p.m. Regarding the deliberation concerning the performance review of Denise Mitrano, Municipal Court Judge, Councilmember Engelken made a motion to increase Denise Mitrano a lump sum four percent. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Kristin Martin was absent. 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 6:56 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Kristin Martin was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on April 24, 2017. ________________________________ Mayor Louis R. Rigby Page 4 of 4 April 10, 2017, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM April 24, 2017April 24, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Ian ClowesIan ClowesSource of Funds:Source of Funds: Requested By:Requested By:    Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.OrdinanceOrdinance--Clean VersionClean Version 2.OrdinanceOrdinance--Marked VersionMarked Version 3.P&Z Recommendation LetterP&Z Recommendation Letter SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the February 16, 2017 Planning and Zoning Commission meeting, the Commission directed staff to At the February 16, 2017 Planning and Zoning Commission meeting, the Commission directed staff to draft an ordinance for consideration on two items that deal with Commercial motor vehicles within the draft an ordinance for consideration on two items that deal with Commercial motor vehicles within the City of La Porte.City of La Porte.   The proposed ordinance amendments were presented to the Planning and Zoning Commission as a The proposed ordinance amendments were presented to the Planning and Zoning Commission as a public hearing at the March 16, 2017 meeting. At that meeting the Planning and Zoning Commission public hearing at the March 16, 2017 meeting. At that meeting the Planning and Zoning Commission recommended to approve the proposed amendments as listed below. recommended to approve the proposed amendments as listed below.   Attached is the draft version of the proposed modifications to the Zoning Ordinance in a Attached is the draft version of the proposed modifications to the Zoning Ordinance in a ““clean” version as well as a version as well as a version as well as a version as well as a ““““showing changesshowing changesshowing changesshowing changes””””version. In the version. In the version. In the version. In the ““““showing changesshowing changesshowing changesshowing changes””””version, those areas version, those areas version, those areas version, those areas highlighted in highlighted in yellowyellow indicate new language as part of the proposed modification to Chapter 106. The indicate new language as part of the proposed modification to Chapter 106. The strike-throughsthroughs indicate where language is proposed to be removed. The following is a summary of the indicate where language is proposed to be removed. The following is a summary of the proposed modifications:proposed modifications:   1.Definitions (Section 106Definitions (Section 106--1).1). This amendment to the definition of This amendment to the definition of ““Commercial motor vehiclesCommercial motor vehicles””will bring it into will bring it into conformance with the recently amended definition in chapter 70 of the City Code of conformance with the recently amended definition in chapter 70 of the City Code of Ordinances. Ordinances. Commercial Commercial motor vehiclemotor vehicle means 1) a vehicle or combination of vehicles with an actual means 1) a vehicle or combination of vehicles with an actual gross weight, a registered gross weight, a gross weight rating or any combination in excess gross weight, a registered gross weight, a gross weight rating or any combination in excess of 26,000 pounds; 2) a farm vehicle or combination of farm vehicles with an actual gross of 26,000 pounds; 2) a farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate; 3) a vehicle transporting hazardous materials requiring a placard; 4) a operating intrastate; 3) a vehicle transporting hazardous materials requiring a placard; 4) a motor carrier transporting household goods for compensation in commerce in a vehicle not motor carrier transporting household goods for compensation in commerce in a vehicle not defined in Texas Transportation Code, Sec. 548.001(1); 5) a foreign commercial motor defined in Texas Transportation Code, Sec. 548.001(1); 5) a foreign commercial motor vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other than the United States; or 6) a contract carrier transporting the operating country other than the United States; or 6) a contract carrier transporting the operating employees of a railroad on a road or highway of the State of Texas in a vehicle designed to employees of a railroad on a road or highway of the State of Texas in a vehicle designed to carry 15 or fewer passengers.carry 15 or fewer passengers.”” 2.Table A, Commercial & Industrial Uses (Section 106Table A, Commercial & Industrial Uses (Section 106--310)310) Due to some recently approved truck uses, staff had been asked to look into ways to amend Due to some recently approved truck uses, staff had been asked to look into ways to amend the code to prevent additional truck parking within certain zones and associated with certain the code to prevent additional truck parking within certain zones and associated with certain uses.  Land Use 812930 uses.  Land Use 812930 Parking Lots & Garages,Parking Lots & Garages, currently permits the parking of truck currently permits the parking of truck cabs which are not in combination with trailers.  The proposed amendment will add cabs which are not in combination with trailers.  The proposed amendment will add Footnote 16 to this specific use, prohibiting the parking of commercial motor vehicles Footnote 16 to this specific use, prohibiting the parking of commercial motor vehicles whether in combination with trailers or not. whether in combination with trailers or not.   2012 NAICS Code 2012 NAICS Code 2012 NAICS Title 2012 NAICS Title ** ** NC NC MS MS GC GC MU MU BI BI LI LI HI HI 161616161616161616 812930 812930 Parking Lots and Garages Parking Lots and Garages        CCPPPPPPPP   16. Parking of commercial motor vehicles, including truck tractors not in combination with 16. Parking of commercial motor vehicles, including truck tractors not in combination with trailers, prohibited.trailers, prohibited.”” Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance amending 106 to approve an ordinance amending 106 ““ZoningZoning””of the Code of Ordinances of the City of La Porte of the Code of Ordinances of the City of La Porte by amending provisions related to the definition of Commercial Motor Vehicles, and amending the by amending provisions related to the definition of Commercial Motor Vehicles, and amending the requirements of NAICS code 812930.requirements of NAICS code 812930. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS REALTED TO THE PARKING OF COMMERCIAL MOTOR VEHICLES AT RENTAL PARKING LOT BUSINESSES IN COMMERICIAL AND INDUSTRIAL ZONES; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: - Ordinances of the City of La Porte, Texas, is hereby amended by revising the following definition, which shall be includedto said section in the proper alphabetical sequence: Sec. 106-1. Definitions. means any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes. 1) a vehicle or combination of vehicles with an actual gross weight, a registered gross weight, a gross weight rating or any combination in excess of 26,000 pounds; 2) a farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate; 3) a vehicle transporting hazardous materials requiring a placard; 4) a motor carrier transporting household goods for compensation in commerce in a vehicle not defined in Texas Transportation Code, Sec. 548.001(1); 5) a foreign commercial motor vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other than the United States; or 6) a contract carrier transporting the operating employees of a railroad on a road or highway of the State of Texas in a vehicle designed to carry 15 or fewer passengers. Section 2: Section 106-310Table A, Commercial & Industrial Uses of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Footnote 16 to uses designated under NAICS Code 812930, such amendment , under NAICS Code 812930, and the text of said Footnote 16 to be added to the listing of footnotes Commercial & Industrial Usesin proper numerical sequence, as follows: Sec. 106-310. - Table A, Commercial & Industrial Uses. 2012 NAICS Code 2012 NAICS Title ** NC MS GC MU BI LI HI 1616161616 812930 Parking Lots and Garages C P P P P 16. Parking of commercial motor vehicles, including truck tractors not in combination with trailers, prohibited. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the______ day of ______________, 2017. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: ___________________________________ Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney City of La Porte Planning and Development Department Established 1892 Richard Mancilla, Director April4,2017 HonorableMayorRigbyandCityCouncil CityofLaPorte RE:ProposedOrdinanceAmendingChapter106ͻœƚƓźƓŭͼ DearMayorRigbyandCityCouncil: TheLaPortePlanningandZoningCommissionheldapublichearingattheMarch16,2017 meetingtoconsiderapprovalofanordinanceamendingcertainprovisionsofChapter106 (Zoning)oftheCityofLatƚƩƷĻ͸ƭCodeofOrdinances.Thesubjectmatteroftheproposed modificationstoChapter106(Zoning)include: 1)TheParkingofCommercialMotorVehiclesforNAICS#812930inCommercialandIndustrial Zones. 2)Thedefinitionofͻ/ƚƒƒĻƩĭźğƌMotorĻŷźĭƌĻƭ͵ͼ TheCommissionvoted71torecommendapprovaloftheprovisionsasincludedinthedrafted ordinancepresentedintheRequestforCityCouncilAgendaItem. Respectfullysubmitted, IanClowes,CityPlanner OnbehalfofthePlanningandZoningCommission cc:RichardMancilla,DirectorofPlanningandDevelopment DepartmentFile City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM April 24, 2017April 24, 2017AppropriationAppropriation Agenda Date Requested:Agenda Date Requested:    Corby AlexanderCorby AlexanderSource of Funds:Source of Funds: Requested By:Requested By:    AdministrationAdministrationAccount Number:Account Number: Department:Department:    Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:      Other:Amount Requested:Amount Requested: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.125th Budget Info.125th Budget Info. 2.Ticket Sales, Parade Entries, RodeoTicket Sales, Parade Entries, Rodeo SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS thth This item is placed on the agenda to provide Council an update on the 125This item is placed on the agenda to provide Council an update on the 125 Celebration for the City of Celebration for the City of La Porte. Action Required of Council:Action Required of Council: Receive report and provide any necessary directionReceive report and provide any necessary direction to staff or take action regarding planned celebration to staff or take action regarding planned celebration activities. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate La Porte 125 Overall Budget OriginalWorkingNotes INCOME: Sponsorships $ 48,000.00Presenting Sponsorship Concert Ticket Sales $ 19,960.00 Gala Ticket Sales $ 1,800.00 Brunch Ticket Sales $ 210.00 5K Registrations $ 670.00 TOTAL INCOME: $ 70,640.00 EXPENSES: Events $ 158,200.00 $ 159,365.85 Kid's Rodeo $ 3,000.00 $ 2,900.00 Concert Series | Cody $ 39,200.00 $ 37,052.70 Dinner Gala $ 29,000.00 $ 26,070.50 5K Fun Run $ 3,600.00 Parade $ 5,210.00 Car Show $ 7,200.00 $ 12,555.00 Concert Series | Clay $ 58,000.00 $ 55,306.65 Brunch $ 21,800.00 $ 16,671.00 Producer$ 288,925.00 $ 288,925.00 Eventbrite$ 10,000.00 Consultant$ 7,500.00 Sylvan Beach Rental$ 5,000.00 Saturday Marketing$ 50,000.00 $ 49,446.00 Radio$ 10,400.00 Print/Online$ 22,927.00 Outdoor Signage$ 4,065.00 Onsite Signage$ 3,500.00 Misc$ 8,554.00 Committee/Volunteers$ 1,000.00 $ 5,000.00 Committee Lunches$ 1,000.00 Volunteer Food$ 1,500.00 Lanyards$ 750.00 Thank You's$ 500.00 Staff T-shirts$ 1,250.00 Founder's Event in August$ 18,375.00 $ 10,000.00 TOTAL EXPENSES: $ 526,500.00 $ 525,236.85 NET EXPENSES: $ (454,596.85) Kids Rodeo at Lomax Arena $ 3,000.00 OriginalWorkingNotes INCOME: Sponsorships TOTAL INCOME: EXPENSE: Rodeo Management $ 1,000.00Contracting Mutt Newman Entertainment Pony Rides $ 500.00 Petting Zoo $ 300.00 Wagon Rides $ 200.00 Trick Roping $ - Rodeo Clowns $ 300.00 Steer Photo Op $ -Selling Pictures Awards$ 500.00 $ 500.00 Ribbons & Back Tags Staffing/Overtime Parks (Logistics) $ - Rec (Logistics) $ 100.00 1 staff @ $25/hr (4 hours) Vintage Games$ 2,500.00 TOTAL EXPENSE: $ 2,900.00 Concert Series - Cody Johnson $ 39,200.00 OriginalWorkingNotes INCOME: Sponsorships TOTAL IMCOME: $ - EXPENSE: Facility Use $ 1,000.00Special Event Permit (LP to provide staffing) Fireworks$ 20,000.00$ 15,000.0015 minute fireworks presentation Electrical - Food Trucks$ 2,500.00 food trucks to provide Electrical - Lighting$ 2,500.00 $ 665.70 3 solar lights per David Restrooms$ 1,200.00 $ 1,500.0016/4 porta potties & 10 hand washing Fencing$ 5,000.00 $ 3,000.00 Trash$ 637.00 1 dumpster & 50 event boxes Staffing/Overtime$ 3,000.00 Parks (Logistics/Clean-up)$ 2,200.00 Rec (Logistics)$ 600.00 3 staff at $25/hr (8 hours each) PD (Security)$ 8,000.0020 Officers at $50/hr (8 hours each) EMS (Saftey) $ 1,000.005 personal at $25/hr (8 hours each) Fire (Saftey)$ 1,000.004 firefighters Shuttle Cost$ 5,000.00 $ 2,100.0020 Busses at $15/hr per bus (7 hours each) Satelite Parking Tent$ 350.00 10x30 Staging Tent TOTAL EXPENSE: $ 39,200.00$ 37,052.70 Anniversary Gala $ 29,000.00 OriginalWorkingNotes INCOME: Ticket Sales (300 @ $25) Sponsorships TOTAL IMCOME: $ - EXPENSE: Facility rental$ 5,000.00 $ 4,000.00 Facility Catering Fee $ 1,500.00 15% Fee on Outside Catering Food (300 @ $37+)$ 15,000.00$ 10,000.00Flat Fee for Main 101 Entertainment (Mambo Jazz Kings) $ 2,500.00 $ 3,500.00 Booked via Mark Taylor Décor$ 1,500.00 $ 2,000.00 Florals & B/W Prints Security$ 300.00$ 300.00 Photographer$ 1,000.00 Cake/Dessert$ 1,222.00 Nothing Bundt Cakes Giveaways $ 1,538.50 Staffing/Overtime Rec (Logistics)$ 350.002 staff at $25/hr (7 hours) Parks (Logistics) Volunteer, Talent & Vendor Food$ 160.0020 Dinners @ $8 Miscellaneous$ 4,700.00 $ 500.00Misc Printing TOTAL EXPENSE: $ 29,000.00$ 26,070.50 Anniversary 5K OriginalWorkingNotes INCOME: Entry Fees Early Bird ($20 each) Regular Fee ($25 each) Day Of ($30 each) Family Pack ($55 for family of 4) Sponsorships Inkind Donations TOTAL IMCOME: $ - EXPENSE: Electrical Portalets $ 350.004/1 porta potties & 1 hand washing station Awards (82 @ $4)$ 350.00 T-Shirts (250 @ $7)$ 1,800.00 Bibs$ 300.00 Facilitator/Timer$ 500.00 DJ/Emcee$ 300.00 Miscellaneous TOTAL EXPENSE: $ -$ 3,600.00 Anniversary Parade $ - OriginalWorkingNotes/Questions INCOME: Sponsorships TOTAL IMCOME: $ - EXPENSE: Electrical for Stage$ -using shop generator Decoration for Stage $ - Awards$ 400.004 categories Staffing/Overtime$ - Parks (Logistics)$ 1,660.00 PW (Logistics)$ 500.00 PD (Security)$ 2,000.00 10 officers at $50/hr (4 hours each) EMS (Saftey)$ 400.004 staff at $25/hr (4 hours each) Misc. Candy $ 250.00 TOTAL EXPENSE: $ -$ 5,210.00 Car & Airplane Show $ 7,200.00 OriginalWorkingNotes/Questions INCOME: Sponsorships TOTAL INCOME: $ - EXPENSE: Staging Rental$ 4,000.00 2 stages Audio Visual $ 4,000.00 prepared for band Electrical for Staging $ 2,500.00$ 650.002 generators per David Restrooms $ 1,200.00$ 350.004/1 porta potties & 1 hand washing station Signage Awards$ 2,500.00 Car Show $ 1,000.00 Airplane Show $ - Battle of Bands $ 400.00 Staffing/Overtime$ 1,000.00 Parks (Logistics)$ 405.002 staff/5hrs; 1 staff/5 hours Rec (Logistics)$ 200.001 staff at $25/hr (8 hours each) PW (Logistics)$ 500.00 PD (Security)$ 600.002 officers at $50/hr (6 hours each) EMS (Saftey)$ 250.002 staff at $25/hr (5 hours each) CPA Donation $ -$500 requested by George Pizza for Vol. Fire Dept. $ 200.00$200 requested by George TOTAL EXPENSE: $ 7,200.00$ 12,555.00 Concert Series - Clay Walker $58,000.00 OriginalWorkingNotes INCOME: Ticket Sales Sponsorships TOTAL IMCOME: $ - EXPENSE: Fireworks$20,000.00$ 19,000.0020 minute presentation Electrical - Food Trucks$2,500.00$ -1 generator per David Electrical - Lighting$2,500.00$ 1,189.65 6 solar lights per David Restrooms$8,500.00$ 3,750.00 42/8 porta potties & 25 hand washing Fencing$5,000.00$ 3,080.00 Trash$ 637.001 dumpster & 50 event boxes Golf Cart Rental$ 1,100.00 4 standard/2 large for shuttles Staffing/Overtime$7,000.00 Parks (Logistics)$ 2,700.00 Rec (Logistics)$ 2,000.00 10 staff at $25/hr (8 hours each) PW (Logistics)$ 1,000.00 PD (Security)$ 12,000.0030 Officers at $50/hr (8 hours each) EMS (Saftey) $ 1,800.00 9 staff at $25/hr (8 hours each) Fire (Saftey)$ 1,000.00 4 firefighters VIP Tent$5,000.00$ 5,000.00 Shuttle Cost$7,500.00$ 1,050.00 Miscellaneous TOTAL EXPENSE: $58,000.00$ 55,306.65 Gospel Brunch $ 21,800.00 Current Discounted Budget for Tickets - Original $30 Tickets Free Tickets $10 OFF Cancelled EXPENSE: Facility rental$ 5,000.00 $ 3,000.00 $ 3,000.00$ 3,000.00$ 3,000.00 Food (300 @ $25+)$ 9,000.00 $ 8,496.00 $ 8,496.00$ 8,496.00$ - Entertainment (TBD) $ 2,500.00 $ 1,000.00 $ 1,000.00$ 1,000.00$ 1,000.00 Décor$ 1,500.00 $ 1,500.00 $ 1,500.00$ 1,500.00$ - Security$ 300.00$ 300.00$ 300.00$ 300.00 Staffing/Overtime Rec (logistics)$ 125.00$ 125.00$ 125.00 Mom Gifts (150 @ $5pp)$ 750.00$ 750.00$ 750.00 Photographer$ 1,000.00 $ 1,000.00$ 1,000.00$ 1,000.00 Miscellaneous$ 3,500.00 $ 500.00$ 500.00$ 500.00$ 250.00 TOTAL EXPENSE: $ 21,800.00$ 16,671.00$ 16,671.00$ 16,671.00$ 5,250.00 INCOME: Ticket Sales Adult Tickets (200) $ 6,000.00 $ 4,000.00 Kid Tickets (100) $ 1,500.00 $ 500.00 Sponsorships TOTAL INCOME: $ 7,500.00 $ -$ 4,500.00$ - NET EXPENSES: $ (9,171.00)$ (16,671.00)$ (12,171.00)$ (5,250.00) SponsorshipCompany Amount Paid DateNotes Presenting SponsorGringo's Tex-Mex $ 15,000 $ 15,000 3/28/2017check to accounting Liberty Property VIP Lounge SponsorTrust $ 7,500 sending check Liberty Property Dinner Gala SponsorsTrust $ 5,000 sending check Dinner Gala SponsorsPort Houston $ 5,000 Online Payment Tag Your Tots SponsorKuraray America $ 3,500 sending check Beacon Federal ParadeCredit Union $ 2,500 sending check Airplane & Car ShowMitsubishi Motors $ 2,500 $ 2,500 3/27/2017check to accounting 5K SponsorINEOS $ 1,500 $ 1,500 4/13/2017sending check sent invoice - donating Kid's RodeoChemours $ 1,500 sunglasses to the 5K bags Liberty Property #TBT SponsorTrust $ 1,000 sending check Banner SponsorChemours $ 500 sending check 5K BoothCamp Gladiator $ 500 sent invoice Dinner Gala ExtrasCenter Point Energy $ 1,000 pay via cc Dinner Gala ExtrasAmegy Bank $ 1,000 $ 1,000 check to accounting TOTAL: $ 48,000 $ 20,000 Actual Payments to Date AmountDescription $ 75,000.00 Producer Payment $ 28,793.75 Producer Payment $ 6,000.00Deposit for Sylvan Beach Pavilion $ 49.00Shutterstock $ 49.00Shutterstock $ 151.40Villiage Pizza/The Lunch Box (committee lunch) $ 7,224.00Texas Outhouse (porta potties) $ 2,924.00Opentip.com (promo bracelets) $ 48.84The Lunch Box (committee lunch) $ 9.00 FlyerHeroes (Rodeo Flyer template) $ 30.00Constant Contact $ 25.00Facebook Ads $ 4.65 Sample Wine Cork $ 7,270.00Khou.com $ 30.00Constant Contact $ 5,000.00365 Houston $ 50.01Facebook Ads $ 62.16Facebook Ads $ 20.00Facebook Ads $ 132,740.81TOTAL Ʒŷ ЊЋЎ/ĻƌĻĬƩğƷźƚƓźĭƉĻƷ{ğƌĻƭͲtğƩğķĻ9ƓƷƩźĻƭͲğƓķwƚķĻƚʹ o TicketsalesasofMonday(April17,2017): CodyJohnson5000TicketsSOLDOUT ClayWalker1584Tickets DinnerGala76Tickets 5K44Registrants aƚƷŷĻƩ͸ƭDayBrunch7Tickets Parade11Entries LaPorteHighJr.ROTC GapVax,Inc. FirstUnitedMethodistChurch HarrisCountyPrecinct8Constable BoysandGirlsHarbor FirstAssemblyofGodChurch CelebrateRecoveryatFairmontParkChurch LEPC PortofHoustonAuthority JudgeHollyWilliamson LaPorteCowboysandCowgirls KidsRodeoΑ325RegistrationsSOLDOUT(75StickHorsewğĭźƓ͸Ͳ75 Mutton.ǒƭƷźƓ͸Ͳ75GoatRibbontǒƌƌźƓ͸Ͳ50GoatCƌźƦƦźƓ͸Ͳ50Calf Scramble) Council Agenda Item Council Agenda Item April 24, 2017 April 24, 2017 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •City Council Meeting, Monday, May 8, 2017City Council Meeting, Monday, May 8, 2017 •La Porte Development Corporation Board Meeting, Monday, May 22, 2017La Porte Development Corporation Board Meeting, Monday, May 22, 2017 •City Council Meeting, Monday, May 22, 2017City Council Meeting, Monday, May 22, 2017 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen,  J. information or existing policies. Councilmembers Zemanek, Leonard, Engelken, Earp, Clausen,  J. Martin, K. Martin, Kaminski and Mayor Rigby.Martin, K. Martin, Kaminski and Mayor Rigby.   11.ADJOURNADJOURN ****************************************************************** ******************************************************************