HomeMy WebLinkAbout2011-03-14 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council (2) LOUIS RIGBY DARYL LEONARD
Mayor * Mayor Pro Tem
JOHN ZEMANEK 0 4 ,. • , O Councilmember District 3
Councilmember at Large A � JOHN BLACK TOMMY MOSER
Councilmember at Large B G7 ( \i - C o uncilmember District 4
111 JAY MARTIN
MIKE MOSTEIT \ Councilmember District 5
Councilmember District 1 \ � MIKE CLAUSEN
CHUCK ENGELKEN �,
Councilmember District 2 Councilmember District 6
MINUTES OF THE REGULAR AND WORKSHOP MEETINGS OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MARCH 14, 2011
The City Council of the City of La Porte met in regular and workshop meetings on Monday, March 14,
2011, 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 Leonard, Zemanek, Mosteit, Engelken, Moser, and Martin. Absent:
Councilmembers Black and Clausen.
Members of City Executive Staff and City Employees Present:
City Manager's Office: Traci Leach and Stacey Osborne
Legal: Knox and Clark Askins
City Secretary's Office: Patrice Fogarty
Finance: Michael Dolby
Parks: Stephen Barr
Planning: Tim Tietjens, Brian Sterling, Debbie Wilmore and Julian Garza
Police Department: Ken Adcox
Public Works: Don Pennell
EOC: Jeff Suggs
2. Invocation — The Invocation was given by Don Hill of InterChurch Council.
3. Pledge of Allegiance — The Pledge of Allegiance was led by Mayor Rigby.
4. Presentations /Proclamations
Mayor Rigby accepted a check in the amount of $50,000.00 from Albemarle Corporation for Safety
Town.
5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Sandy Paulis, 9225 San Sabo Ct., spoke in favor of the city having a Safety Town.
Phillip Ferguson, 1105 Oak Creek Dr., spoke in favor of the city having a Safety Town.
Fred Paulis, 9225 San Sabo Ct., spoke in favor of the city having a Safety Town.
Julius Karow, 230 S. Ohio, spoke in favor of the city having a Safety Town.
Kathryn Aguilar, 3119 Fondren, spoke against the city having a Safety Town.
Tony Villarreal, 3903 Barracuda, spoke against the city having a Safety Town.
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March 14, 2011, City Council Meeting Minutes
6. Consent Agenda
A. Consider approval or other action of minutes of the Regular and Workshop Meetings
of the La Porte City Council held on February 28, 2011 — P. Fogarty
B. Consider approval or other action regarding an ordinance authorizing the City
Manager to execute an Industrial Agreement with Battleground Oil Specialty Terminal
Co. LLC (2007 -IDA -123) (Ord. 3323) — K. Powell
C. Consider approval or other action regarding the acceptance of the Fiscal Year 2011
HMEP (Hazardous Materials Planning Grant) — J. Suggs
D. Consider approval or other action awarding bid #11008 for Street Materials — D. Mick
E. Consider approval or other action authorizing the City Manager to execute an
agreement for Type IV solid waste disposal between the City of La Porte and Waste
Management of Texas, Inc. — D. Pennell
F. Consider approval or other action regarding an ordinance amending Chapter 70,
"Traffic and Vehicles" of the Code of Ordinances, by adding a new Article IX,
"Regulation of Golf Carts," relating to permitting of golf carts for use in La Porte (Ord.
3324) — K. Adcox
G. Consider approval or other action regarding a resolution authorizing the City
Manager to submit for the Victim's Liaison Grant in order to continue funding the
Crime Victim's Liaison position (Res. 2011 -02) — K. Adcox
Regarding Item E, Councilmember Martin asked if the twice- per -month pick up continues in effect
notwithstanding the less expensive price on disposal. Don Pennell stated yes.
Assistant City Attorney Clark Askins read the caption of Ordinance 3323, AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH BATTLEGROUND OIL SPECIALTY TERMINAL COMPANY, A TEXAS
LIMITED LIABILITY COMPANY FOR THE TERM COMMENCING JANUARY 1, 2008, AND
ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Assistant City Attorney Clark Askins read the caption of Ordinance 3324, AN ORDINANCE
AMENDING THE CODE OF THE CITY OF LAPORTE, CHAPTER 70 "TRAFFIC AND VEHICLES"
BY ADDING A NEW ARTICLE IX, "REGULATOIN OF GOLF CARTS," REGULATING THE USE
OF GOLF CARTS ON PUBLIC STREETS OR HIGHWAYS WITHIN THE CITY LIMITS;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; 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 HUNDRED DOLLARS ($200.00);
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Consent Agenda Item D awards Bid #11008 — Street Materials as follows: Item #1 to Lhoist for
$49,950; Item #3 to Century Asphalt for $32,200; and Item #5 to Martin Asphalt for $86,400.
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March 14, 2011, City Council Meeting Minutes
Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by
City Staff. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
7. Public Hearing - Discuss amendments to Chapter 103, "Zoning," of the City of La Porte Code of
Ordinances for the purpose of granting a rezoning request changing the zoning classification from
light industrial (LI) and heavy industrial (HI) to planned unit development (PUD) for a 47.709 -acre
tract of land located at 901 North Broadway — T. Tietjens
Mayor Rigby opened the Public Hearing at 6:28 p.m. Planning Director Tim Tietjens presented a
summary of this item and stated the Planning and Zoning Commission forwards a positive
recommendation.
Phillip Hoot, 927 Seabreeze, offered public comments regarding concerns on the settling of the
landfill.
Mayor Rigby closed the Public Hearing at 6:35 p.m.
8. Consider approval or other action of the recommendation of the Planning and Zoning
Commission to approve an ordinance amending Chapter 106 "Zoning" by changing the
zoning classification from Tight industrial (LI) and heavy industrial (HI) to planned unit
development (PUD), for a 47.709 acre tract of land located at 901 North Broadway (Ord. 3325)
— T. Tietjens
Assistant City Attorney Clark Askins read the caption of Ordinance 3325, AN ORDINANCE
AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) AND
HEAVY INDUSTRIAL (HI) TO PLANNED UNIT DEVELOPMENT (PUD) FOR A 47.709 ACRE
(2,078, 202 SQ. FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Engelken moved to adopt Ordinance No. 3325, changing the zoning classification
from light industrial (LI) and heavy industrial (HI) to planned unit development (PUD), for a
47.709 -acre tract of land located at 901 North Broadway. Councilmember Martin seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
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March 14, 2011, City Council Meeting Minutes
9. Public Hearing - Discuss amendments to Chapter 106, "Zoning," of the City of La Porte Code of
Ordinances, for the purpose of granting a Special Conditional Use Permit (SCUP# 11- 91000001)
for the development of an off -site parking lot for the De Walt Alternative School at 416 North 2nd
Street — T. Tietjens
Mayor Rigby opened the Public Hearing at 6:36 p.m. Director of Planning Tim Tietjens presented a
summary of this item and stated the Planning and Zoning Commission forwards a positive
recommendation. There were no public comments. Mayor Rigby closed the Public Hearing at 6:43
p. m.
10. Consider approval or other action of an ordinance amending Chapter 106 "Zoning" of the
Code of Ordinances of the City of La Porte for the purpose of granting a Special Conditional
Use Permit, (SCUP# 11- 91000001) for the development of an off -site parking lot for the De
Walt Alternative School at 416 North 2 Street (Ord. 3326) - T. Tietjens
Assistant City Attorney Clark Askins read the caption of Ordinance 3326, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING SPECIAL CONDITIONAL USE PERMIT No. 11- 91000001 FOR THAT CERTAIN
PARCEL OF LAND HEREIN DESCRIBED FOR THE PURPOSE OF DEVELOPING AN OFF -SITE
PARKING LOT AT 416 NORTH 2 STREET, IN A LOW- DENSITY RESIDENTIAL (R -1) ZONE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Martin moved to adopt Ordinance No. 3326, granting a special Conditional Use
Permit (SCUP# 11- 91000001) for the development of an off -site parking lot for the De Walt
Alternative School at 416 North 2 Street. Councilmember Engelken seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
11. Public Hearing - Discuss proposed amendments to Chapter 106, "Zoning," of the City of La Porte
Code of Ordinances, for the purpose of granting a Special Conditional Use Permit (SCUP #11-
91000002) for the development of an office warehouse facility at 1400 State Highway 146 North —
T. Tietjens
Mayor Rigby opened Public Hearing at 6:46 p.m. Director of Planning Tim Tietjens presented a
summary of this item and stated the Planning and Zoning Commission forwards a positive
recommendation. There were no public comments. Mayor Rigby closed the Public Hearing at 6:52
p.m.
12. Consider approval or other action of an ordinance amending Chapter 106 "Zoning" of the
Code of Ordinances of the City of La Porte for the purpose of granting a Special Conditional
Use Permit, (SCUP #11- 91000002) for the development of an office warehouse facility at 1400
State Highway 146 North (Ord. 3327) — T. Tietjens
Assistant City Attorney Clark Askins read the caption of Ordinance 3327, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT No. 11- 91000002 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFFICE WAREHOUSE
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March 14, 2011, City Council Meeting Minutes
FACILITY AT 1400 STATE HIGHWAY 146 NORTH, IN A PLANNED UNIT DEVELOPMENT (PUD)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Mosteit moved to adopt Ordinance No. 3327, granting a special Conditional Use
Permit (SCUP# 11- 91000002) for the development of an office warehouse facility at 1400 State
Highway 146 North. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
13. Consider approval or other action authorizing the City Manager to approve Phase Two for
the Wireless and Camera Project — J. Suggs
Emergency Management Coordinator Jeff Suggs presented a summary of this item and responded
to questions.
Councilmember Engelken moved to authorize the City Manager to approve Phase Two for the
Wireless and Camera Project. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
14. Consider approval or other action regarding a Foreign Trade Zone agreement between C & C
North America, Inc., d /b /a Cosentino North America and the City of La Porte — S. Osborne
Economic Development Coordinator Stacey Osborne presented a summary of this item, provided a
recommendation and responded to questions.
Councilmember Martin moved to authorize the Mayor to sign a Foreign Trade Zone agreement
between C & C North America Inc., d /b /a Cosentino North America and the City of La Porte.
Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Black and Clausen
15. Consider approval or other action regarding an ordinance appointing members to the
Re- districting Committee (Ord. 3328) — Mayor Rigby/T. Tietjens
Mayor Rigby and Planning Director Tim Tietjens presented a summary of this item.
Councilmembers appointed the following members to the Re- districting Committee:
Mayor Rigby stated that Councilmember Black — At Large "B" — asked him to relate to council that
his appointee is Howard Ebow; Councilmember Engelken — District 2 appointed Nanci Lotze;
Councilmember Leonard — District 3 appointed Nancy Ojeda.
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March 14, 2011, City Council Meeting Minutes
Assistant City Attorney Clark Askins read the caption of Ordinance 3328, AN ORDINANCE
APPOINTING A RE- DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND
DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Councilmember Leonard moved to adopt Ordinance 3328, appointing a Re- districting Committee,
and establishing its powers and duties. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, and Martin
Nays: None
Absent: Councilmembers Black and Clausen
16. Close Regular Meeting and Open Workshop Meeting
Mayor Rigby recessed the Regular Meeting and Opened the Workshop Meeting at 7 :05 p.m.
Discuss proposed Safety Town project and provide staff with direction — Safety Town
Committee
David Knowles from the Safety Town Committee discussed Safety Town and introduced City of
Frisco Fire Chief Mac Bogart. Mr. Bogart explained the impact of the Safety Town project in Frisco,
Texas. Several issues were raised by Council (parking, noise, location, and financial
commitments). Council requested further information brought back to a future Council meeting, as
follows: (1) Explore other locations where Safety Town might be located; (2) Determine the
on -going costs and whether local industries and businesses will continue to support a Safety Town;
and (3) Provide a five -year business plan.
17. Close Workshop Meeting and Open Regular Meeting
Mayor Rigby adjourned the Workshop Meeting and reconvened the Regular Meeting at 8:24 p.m.
18. Receive Monthly Drainage Report — J. Garza
Senior Engineer Julian Garza provided the monthly Drainage Report.
At this time, Councilmember Mosteit, committee chair, provided the Drainage and Flooding
Committee Report. See Item 20.
19. Receive Report from the La Porte Development Corporation Board — Chairman Engelken
Chairman Chuck Engelken provided a report from the La Porte Development Corporation Board.
20. Receive Report from the Drainage and Flooding Committee — Chairman Mosteit
Item 20 was taken out of order and provided with Item 18.
21. Administrative Reports — R. Bottoms
Assistant City Manager Traci Leach reported on the following:
March 17, 2011 — Planning and Zoning Commission Meeting — 6:00 p.m.
March 28, 2011 — Fiscal Affairs Committee Meeting — 5 :00 p.m.
March 28, 2011 — City Council Meeting — 6:00 p.m.
March 30, 2011 — TML Region 14 Spring Meeting- Hilton Houston Westchase — 6:30 p.m.
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March 14, 2011, City Council Meeting Minutes
City Secretary Patrice Fogarty provided an update regarding election matters for the May 14, 2011,
general election.
22. Council Comments:
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information or existing policy
Councilmember Leonard stated his thanks to Albemarle Corporation for the donation check in the
amount of $50,000 for Safety Town, stated prayers go out to the citizens of Japan, and to the family
of former Chief of Police Freeman; Councilmember Engelken welcomed new public works director
Dave Mick; Councilmember Mosteit also welcomed Dave Mick, added his thanks to Albemarle and
to the Fire Chief from the City of Frisco for attending the council meeting; Councilmember Martin
thank the citizens for their input at council meetings, welcomed Dave Mick, and stated his sympathy
goes out to those injured in the earthquake and tsunami in Japan; Mayor Rigby also welcomed
Dave Mick to the City of La Porte.
23. Executive Session — Pursuant to the Texas Open Meetings Act, notice was given that the City
Council reserves the right to meet in a closed session in accordance with the following provision of
the Texas Open Meetings Act:
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Patrice Fogarty, City Secretary
Council recessed the regular meeting to convene an executive session at 8:48 p.m. Council
adjourned the executive session at 9:59 p.m.
24. Considerations and possible action on item considered in executive session.
Council reconvened the regular meeting at 9:59 p.m. No action was taken concerning the
executive session.
25. Adjournment
There being no further business, at 9:59 p.m., Councilmember Engelken moved to adjourn the
meeting.
Respectfully submitted,
i
Patrice Fogarty, City cret�
Passe' I lib . a . 'roved • n March 28, 2011.
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Ma or L. 's R. igb
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March 14, 2011, City Council Meeting Minutes