HomeMy WebLinkAbout03-12-18 Regular Meeting of the La Porte City Council
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Mayor Pro-Tem
DOTTIE KAMINSKI
Councilmember District 4
Councilmember At Large B
JAY MARTIN
DANNY EARP
Councilmember District 5
Councilmember District 1
NANCY OJEDA
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
February 26, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, February 26, 2018, 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 Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, and Earp. Also
present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager
Jason Weeks, and Assistant City Attorney Clark Askins.
2. INVOCATION The invocation was given by Don Hill, La Porte InterChurch Council.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Daryl Leonard.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition Texas Police Chiefs Association Award Certificate to City of La Porte Police
Department Best Practices Recognition Program Mayor Rigby
City of Webster Police Chief, Danny Presley, recognized the City of La Porte Police Department and
Chief Ken Adcox for receiving the Best Practices Award for the past four years.
(b) Recognition Employee of the Fourth Quarter and Employee of the Year 2017 Clarence
Anderson (Animal Control Officer) City of La Porte Animal Adoption Center and Shelter Mayor
Rigby
Mayor Rigby recognized Clarence Anderson as Employee of the Fourth Quarter and Employee of
the Year 2017.
(c) Recognition Manager of the year 2017 Lt. Matt Daeumer City of La Porte Police
Department Mayor Rigby
Mayor Rigby recognized Lt. Matt Daeumer as Manager of the Year 2017.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
Page 1 of 3
February 26, 2018 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 the minutes of the meeting held on February 12,
2018 P. Fogarty
(b) Consider approval or other action regarding a Resolution authorizing participation in the Texas
Glass Government Investment Pool S. Wolny
(c) Consider approval or other action regarding an agreement with the La Porte Cemetery
Association pertaining to the conveyance of approximately 1.14 acres of land known as Lots 1-
16, Block 1151, of Town of La Porte for use as a public cemetery J. Weeks
(d) Consider approval or other action regarding an Interlocal Agreement between Harris County
and the City of La Porte for local bus transit services for twelve (12) month term J. Weeks
(e) Consider approval or other action regarding the appointment of Reserve Peach Officer Kenneth
Coleman K. Adcox
City Manager Corby Alexander requested Consent Agenda Item C be removed from the agenda.
Council had questions on Consent Agenda Items B and D, and staff responded to the questions.
Councilmember Engelken made a motion to approve Consent Agenda Items A, B, D and E pursuant to
staff recommendations. Councilmember K. Martin seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda,
Zemanek, Kaminski, Earp, J. Martin, and K. Martin
Nays: None
Absent: None
7. REPORTS
(a) Receive 2017 La Porte Police Department Racial Profiling Report K. Adcox
Chief Ken Adcox provided the 2017 La Porte Police Department Racial Profiling Report. There
were no questions from Council.
(b) Receive report from Council Subcommittee on Evaluation Forms Councilmember Engelken
Councilmember Engelken provided a report from the Council Subcommittee on Evaluation Forms on
the meeting held on February 19, 2018. The form is being finalized, the committee will meet again next
week to finalize the form and send the one-page form to Council for review.
8. ADMINISTRATIVE REPORTS
There were no additional reports.
9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information.
Page 2 of 3
February 26, 2018 Council Meeting Minutes
Councilmembers Leonard, Engelken and Earp congratulated Chief Adcox, Clarence Anderson and Lt.
Matt Daeumer on their accomplishments;
Councilmember Ojeda congratulated the Police Department on their awards; commented she
appreciates the parking lot improvements at Public Works; thanked everyone who assisted with the La
Porte Colored School House opening this weekend;
Councilmember J. Martin congratulated Chief Adcox, Clarence Anderson and Lt. Matt Daeumer on their
accomplishments; expressed his thanks to the Youth Explorers for picking up the litter on Wharton
Weems and McCabe Road before the Ribbon Cutting for the Police Neighborhood Center on S.
Broadway and informed there is a Keep Texas Beautiful resource for the City to utilize for litter control;
Councilmember K. Martin congratulated Chief Adcox, Clarence Anderson and Lt. Matt Daeumer on
their accomplishments; congratulated Director of Parks and Recreation Rosalyn Epting and Staff for
their efforts on Mardi Gras on Main Street; states opening of the La Porte Colored School House was
wonderful; and this has been a great basketball season;
Councilmember Kaminski congratulated Chief Adcox, Clarence Anderson and Lt. Matt Daeumer on
their accomplishments and thanked Director of Parks and Recreation Rosalyn Epting and Staff for their
efforts on Mardi Gras on Main Street;
Councilmember Zemanek commented he is proud to be a Councilmember and citizen of the City;
thanked Clarence Anderson for his continued 33 years of service and all the employees who make their
councilmember jobs easier; and
Mayor Rigby thanked Chief Adcox, Clarence Anderson and Lt. Matt Daeumer for jobs well done;
informed he attended the Harris County Mayors and Council Association meeting and had a
conversation with Texas Department of Transportation Quincy Allen to see if he can assist with the
delay of project that has been delayed until
2022; and he stated he attended a photo op at INEOS, and 100 new employees have been employed
by the company expectations.
10. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 6:42 p.m. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on March 12, 2018.
________________________________
Mayor Louis R. Rigby
Page 3 of 3
February 26, 2018 Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:March 12, 2018
Source of Funds: 001 (General Fund)
Requested By:Don Pennell
Account Number 001-7072-532-1010
Department:Public Works
Amount Budgeted:$843,279
Report: ___Resolution:_____Ordinance:_________
Amount Requested: $65,000
Exhibit: Bid Tabulation
Budgeted Item:YESNO
Exhibit:Vendor Access Report
Exhibit: Employment& TrainingCenterProposal
ExhibitD & F Proposal
SUMMARY & RECOMMENDATION
Routinely, the Public Works Departmentutilizes 2 –4 temporary help employees in the Solid
Waste Division.The regular use of temporary workers filling two full-time positions, employees
on leave, and temporary vacancies has caused the City to exceed $50,000 per year in
expenditures for a single item. Total expenditures for temporary workers in fiscal year 2017 is
$55,759.
Bid #18003 for Temporary Labor Services-Solid Waste Worker was rejected by City Council
on December 11, 2017. The rebid for Temporary Labor Services (Rebid#18007)was opened
and read on January 30, 2018;two (2)bids were received.“Notice to Bidders”was posted in
the Bay Area Observeron January11 and January18, posted on Public Purchase and the city’s
website.During the rebid fifteen (15)vendors downloaded the bid, while two (2) bids were
received. Employmentand TrainingCenters Inc. isthe low bidder at $15.29per hour for one
temporary worker. D & F Industrial Service, LLC is second low bidderat $15.96 per hour for
one temporary worker.
Staff recommends awarding the bid toEmployment and Training Centers Inc.at $15.29 per hour
as the primary temporary labor provider and to D & F Industrial Service, LLCat $15.96 per hour
as the backup temporary labor provider.
The Solid Waste Division has utilized temporary staffing from outside agencies to fill-in vacant
Solid Waste Worker positions for short-term leave due to vacation, sick, bereavement, and end-
of-employment for over 25 years. The Solid Waste Workerposition has a high turnover rate and
the temporary staffing is used regularly frombudgeted account001-7072-532-1010 regular
salary transferred into 001-7072-532-5005.
The permanent, City hired, full-time Solid Waste Workerfor this position work schedule is 4 –
Ten hour daysand is paid 40 hours per week. The average amount of actual time worked per
week is 28 –32 hours per week. The entry level wages($13.25 per hour)and benefits for this
position areas follows:
Annual Salary: $27,560.00
Benefits:
FICA 2,108.65
TMRS 4,448.83
Medical Insurance 10,422.00
Life Insurance 28.80
Workers Comp.387.00
Total Salary and Benefits:$44,959.28
Beginning in September 2011,one of the eight (8) full-time Solid Waste Worker positions was
left unfilled after an employee departed the Cityand a temporary worker was utilized on a daily
basis to fill the position. Beginning in April 2012, a second full-time Solid Waste Worker
position was left unfilled after an employee departed the City and a temporary worker was
utilized on a daily basis to fill that position. The annual cost to fill a Solid Waste Worker
position with a temporary worker based on an average 30hours per weekwith actual payat
$15.96per hour is an annual cost of $24,898per year; asavings of $20,061per year per full-time
position filled with temporary workers.
Benefits:
Utilizing temporary work staff allows the Solid Waste Division to fill-in for employees out on
leave and temporary vacancies.Operating cost savings filling regular full-time positions.
Liabilities:
There is the possibility that temporary workers would not be available to fill positions on a
regular and/or short-term notice. Thisrequires City employed operators to fill in theSolid Waste
Worker positions until labor can be recruited as has happened in the past.
Operating Costs:
Thereis an additional cost of $15.96per hour when a regular full-time Solid Waste Worker is
out on leave. There is a cost savings to the City ofapproximately $40,122per year filling two
(2)full-time positions with temporary workers.
Action Required by Council:
Consider approval or other action toaward Bid No. 18007toEmployment and Training Centers
Inc. in the amount of $15.29per hourandD & F Industrial Service, LLC at $15.96 per hour.
Approved for City Council Agenda
Corby D. AlexanderDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriations
Agenda Date Requested: March 12, 2018
Source of Funds: N/A
Requested By: Ian Clowes
Account Number: N/A
Department: Planning and Development
Amount Budgeted: N/A
Report: __X __Resolution: _____Ordinance: _X___
Amount Requested: N/A
Exhibits: Ordinance Clean Version
Ordinance Changes Shown
Budgeted Item: N/A
P&Z Recommendation Letter
__________________________________________________________________________
SUMMARY & RECOMMENDATION
At the February 15, 2018 Planning and Zoning Commission meeting, the Commission held a
Public Hearing concerning amendments to Chapter 106 of the City Code of Ordinances
regarding the placement of Hotels and Motels in certain zoning districts.
There was discussion that the city has continued to see an increase in Hotel and Motel
developments throughout the city and would like to take a closer look at how and where they
develop in the future. The proposal by staff was to amend the code to require approval of a
Special Conditional Use Permit (SCUP) for all Hotel or Motel uses in any zoning district where
they are currently permitted by right.
Attached is the draft version of the proposed modifications to the Zoning Ordinance. Items in
red indicate changed language as part of the proposed modification to Chapter 106.
The following is a summary of the proposed modifications:
Sec. 106-310, Table A, Commercial and Industrial Uses
2012 NAICS Code 2012 NAICS Title ** NC MS GC MU BI LI HI
721110 Hotels (except Casino Hotels) and Motels P C P C P C P C P C
12 12 12 12 12
12 Hotels and Motel Uses. Hotels and motels are allowed as a conditional use under this
Chapter when within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning
1
districts). All hotel and motels are required to install and operate a security and surveillance
system to monitor the parking lot area and all ingress/egress points to the building.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval or other action on a recommendation by the Planning and Zoning
Commission to
the City of La Porte by amending sections 106-310, Table A regarding the placement of Hotels
and Motels in certain zoning districts.
Approved for City Council Agenda
___________________________________ _______________________
Corby D. Alexander, City Manager Date
1
ORDINANCENO.
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO THE
PLACEMENT OF HOTELS AND MOTELS IN CERTAIN ZONING DISTRICTS;
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; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, Article III-310,
-
-of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
106-310, Table A, Commercial and Industrial Uses
2012 NAICS Code 2012 NAICS Title ** NC MS GC MU BI LI HI
721110 Hotels (except Casino Hotels) and Motels C 12 C 12 C 12 C 12 C 12
12 Hotels and Motel Uses. All hotel and motels are required to install and operate a security and
surveillance system to monitor the parking lot area and all ingress/egress points to the building.
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 this meeting, as required by
Chapter 551, TX. Code; and that this meeting has been open 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 MARCH, 2018.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark T. Askins, Assist. City Attorney
ORDINANCENO.
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO THE
PLACEMENT OF HOTELS AND MOTELS IN CERTAIN ZONING DISTRICTS;
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; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, Article III-310,
-
-of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
106-310, Table A, Commercial and Industrial Uses
Sec. 106-310, Table A, Commercial and Industrial Uses
2012 NAICS 2012 NAICS Title ** NC MS GC MU BI LI HI
Code
721110 Hotels (except Casino Hotels) and Motels P C P C P C P C P C
12 12 12 12 12
12 Hotels and Motel Uses. Hotels and motels are allowed as a conditional use under this
Chapter when within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL
zoning districts). All hotel and motels are required to install and operate a security and
surveillance system to monitor the parking lot area and all ingress/egress points to the building.
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 this meeting, as required by
Chapter 551, TX. Code; and that this meeting has been open 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 MARCH, 2018.
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 PortePlanning and Development Department
Established 1892 Richard Mancilla, Director
February 16, 2018
Honorable Mayor Rigby and City Council
City of La Porte
RE:
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the February 15, 2018
meeting to consider approval of an ordinance amending certain provisions of Chapter 106
The subject matter of the proposed
modifications to Chapter 106 (Zoning) include:
1) Proposed changes to 106-310 regarding NAICS code 721110, Hotels (except Casino Hotels)
and Motels.
The Commission voted 8-0 to recommend approval of the provisions as included in the drafted
ordinance presented in the Request for City Council Agenda Item.
Respectfully submitted,
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
cc: Richard Mancilla, Director of Planning and Development
Department File
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 ITEM
March 12, 2018
Appropriation
Agenda Date Requested
Source of Funds: N/A
Requested By: Corby Alexander, City Manager
Account Number: N/A
Department: Administration
Amount Budgeted: N/A
Report Resolution: Ordinance:
Amount Requested: N/A
Exhibit:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Currently the City charges new developments a development fee for a developers utility
infrastructure. As these fees are collected, the utility development fees are used to fund utility
infrastructure capital improvement projects.
Staff has been gathering data pertaining to these fees and will be available to answer any
questions about these type of fees.
Action Required by Council:
Discussion of City development utility fees and possibly provide direction to staff about revising City
ordinances related to these fees.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Council Agenda Item
March 12, 2018
8 (a)Receive report of the Fiscal Affairs Committee Councilmember Engelken
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Council Agenda Item
March 12, 2018
8 (b) Receive report of the Council Subcommittee on Evaluation Forms Councilmember Engelken
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