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Home My WebLink About2011-04-11 Regular Meeting of the La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Mayor Pro Tem JOHN ZEMANEK 0 Q A Councilmember District 3 Councilmember at Large A fi'� O TOMMY MOSER JOHN BLACK � 9 ..� Councilmember District 4 Councilmember at Large B t>t , JAY MARTIN MIKE MOSTEIT Councilmember District 5 Councilmember District 1 L ... MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 11, 2011 The City Council of the City of La Porte met in regular meeting on Monday, April 11, 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 6:03 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Martin. Absent: Councilmember Black Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Traci Leach and Melisa Boaze Legal: Knox Askins City Secretary's Office: Patrice Fogarty Finance: Michael Dolby Parks: Stephen Barr Planning: Tim Tietjens and Masood Malik Police Department: Ken Adcox Public Works: David Mick and Don Pennell EOC: Jeff Suggs 2. Invocation — The Invocation was given by Knox Askins. 3. Pledge of Allegiance — The Pledge of Allegiance was led by Councilmember Leonard. 4. Presentations /Proclamations A. Special Olympics Representatives were present for the "Red Suspenders Shrimp Boil Week" proclamation presented by Mayor Rigby B. Chief Adcox and other members of the La Porte Police Department were present for the "National Public Safety - Telecommunications Week" proclamation presented by Mayor Rigby. Council recessed for a break at 6:12 p.m. Shrimp boil tickets were sold. Mayor Rigby reconvened the meeting at 6:17 p.m. 5. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) There were no public comments. Page 1 of 6 April 11, 2011, City Council Meeting Minutes 6. Consent Agenda A. Consider approval or other action of minutes of the Regular Meeting of the La Porte City Council held on March 28, 2011 — P. Fogarty B. Consider approval or other action ratifying the La Porte Development Corporation's vote to amend the LPEDC Bylaws to require the LPEDC to abide by state purchasing law for acquisition of goods and services — P. Fogarty C. Consider approval or other action authorizing an election services agreement between Harris County and the City of La Porte relating to the election and subsequent runoff to be held on May 14, 2011, in La Porte — P. Fogarty D. Consider approval or other action approving an Emergency Assistance Compact between the City of La Porte and PPG Industries, Inc. — J. Suggs E. Consider approval or other action regarding acceptance of the FY 2010 Assistance to Firefighters Grant Program — J. Suggs F. Consider approval or other action regarding an ordinance to rename the Police Administration Building to the Herbert Freeman, Jr. Police Administration Building — (Ord. 3332) — Mayor Rigby Consent items C and E were pulled for discussion. Regarding Item C, Councilmember Martin asked whether any unused funds in the budgeted amount for Elections would be put back into the General Fund. City Manager Bottoms responded yes. City Secretary Fogarty pointed out that the amount to be paid Harris County in the election services agreement does not cover all expenses associated with the May election. Regarding Item 6 E, Mr. Suggs was directed to bring back to council if the amount of the grant award is different than shown in item 6 E. City Attorney Knox Askins read the caption of Ordinance 3332, AN ORDINANCE APPROVING AND AUTHORIZING THE RENAMING OF THE LA PORTE POLICE ADMINISTRATIVE BUILDING TO THE HERBERT F. FREEMAN, JR. POLICE ADMINISTRATION BUILDING; MAKING VARIOUS FINDINGS, AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. 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, Clausen and Martin Nays: None Absent: Black 7. Public Hearing — Discuss recommendation by the Planning and Zoning Commission to approve Special Conditional Use Permit Request # 11- 9100003, for the redevelopment of Landfill Site #3 located at 901 North Broadway to container /chassis yard; and consider approval or other action regarding an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte, by granting Special Conditional Use Permit No. 11- 91000003 for the Page 2 of 6 April 11, 2011, City Council Meeting Minutes purpose of developing a container /chassis yard at 901 North Broadway, in a planned unit development zoning district (Ord. 3333) — T. Tietjens The public hearing was opened at 6:24 p.m. Planning Director Tim Tietjens presented a summary. Phillip Hoot, 927 Seabreeze, spoke in favor of the recommendation forwarded by the Planning and Zoning Commission. Brian Boomer, applicant, of La Porte Real Property, spoke in favor of the ordinance being passed but with a compromise from what was originally requested and what the P &Z has recommended. He stated there will be no buildings on the property, and it is being used for storage only. The compromise contemplates stacking four containers high on that portion of the property originally zoned HI — heavy industrial, and two containers high on the property originally zoned LI — Tight industrial. Planning Director Tietjens advised the Planning and Zoning Commission sends forward a positive recommendation to approve the SCUP as presented. Public Hearing closed at 6:39 p.m. City Attorney Knox Askins read the caption of Ordinance 3332, 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- 91000003 FOR THAT CERTAIN PARCEL OF LAND HERIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING A CONTAINER /CHASSIS YARD AT 901 NORTH BROADWAY, 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 Leonard moved to adopt the ordinance as written, which allows the stacking of containers two high. Councilmember Moser seconded. Councilmember Martin stated he does not feel it is appropriate to change the rules on the applicant at the last minute; he feels the compromise is workable and would be best. Councilmember Mosteit commented that the City's zoning ordinance allows stacking containers four high. Councilmember Leonard commented stacking four high from ground level is fine, but questioned stacking containers four high on an elevated piece of land. Mayor Rigby also commented the ordinance allow stacking containers four high. Councilmember Martin commented that, economically speaking, it makes sense to allow them to move forward. After comments, the vote was taken on the motion to adopt the ordinance as written. MOTION FAILED. Ayes: Councilmembers Leonard, Zemanek, and Moser Nays: Councilmembers Mosteit, Engelken, Martin, Clausen and Mayor Rigby Absent: Councilmember Black Councilmember Martin made a motion to approve the compromise. Councilmember Clausen seconded the motion. Page 3 of 6 April 11, 2011, City Council Meeting Minutes Discussion commenced regarding the compromise. The property is currently zoned PUD. The compromise reflects back to prior zoning classifications. The compromise contemplates stacking four containers high on that portion of the property originally zoned HI — heavy industrial, and two containers high on the property originally zoned LI — light industrial. Councilmember Leonard made a motion to send this item back to the Planning and Zoning Commission. He stated it is unfair to circumvent what the Planning and Zoning Commission does. Councilmember Moser seconded the motion. Discussion commenced regarding remanding this item back to P &Z. Councilmember Zemanek asked the City Attorney whether this issue requires a super majority vote from council vs. a simple majority vote. Mr. Askins explained that this issue requires a simple majority because P &Z forwarded a positive recommendation to council. Although P &Z recommended a change to one of the conditions of the SCUP from what the applicant originally applied for, they did forward a positive recommendation. A super majority vote (three - fourths of a governmental body's members) is required to overrule a recommendation by the P &Z to deny a proposed change to a regulation or boundary. P &Z did not recommend Council deny the SCUP; they recommended approval of the SCUP. Therefore, a simple majority vote by Council is needed. Councilmember Leonard stated he feels it is wrong to overturn what the P &Z sent forward. Phillip Hoot, 927 Seabreeze, spoke again, stating he disagrees with the opinion of City Attorney Askins. The vote was taken on Councilmember Leonard's motion to send this item back to the Planning and Zoning Commission. MOTION FAILED. Ayes: Councilmembers Leonard, Zemanek, and Moser Nays: Councilmembers Mosteit, Engelken, Clausen, Martin and Mayor Rigby Absent: Councilmember Black Council considered the motion still on the floor, which was made by Councilmember Martin and seconded by Councilmember Clausen, to adopt Ordinance No. 3332, as amended by the compromise. MOTION PASSED. Ayes: Councilmembers Clausen, Martin, Engelken, Mosteit, and Mayor Rigby Nays: Councilmembers Mosier, Zemanek, and Leonard Absent: Councilmember Black 8. Receive Report from La Porte Development Corporation Board — Councilmember Engelken Chairman Engelken provided a Report from the last meeting of the La Porte Development Corporation Board. 9. Administrative Reports — R. Bottoms City Manager Ron Bottoms did not make a report. April 13, 2011 — BAYTRAN Luncheon — Cullen's Upscale American Grille — 11:30 a. m. April 14, 2011 — Employee Golf Scramble — Bay Forest Golf Course — 5:30 p.m. April 16, 2011 — LPISD Band Boosters 13 Annual Golf Tournament — Bay Forest Golf Course — 8:30 a.m. April 20, 2011 — Mayor Norman L. Malone Memorial Golf Tournament — Bay Forest Golf Course Page 4 of 6 April 11, 2011, City Council Meeting Minutes April 21, 2011— Planning & Zoning Meeting — 6:00 p.m. April 22, 2011 — Good Friday — City Offices Closed April 25, 2011 — City Council Meeting — 6:00 p.m. 10. Council Comments: Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Black and Mayor Rigby 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 Councilmembers Mosteit, Clausen, Martin and Moser congratulated the Red Suspenders and Special Olympics, and mentioned they were so pleased to see Special Olympians in attendance. Councilmember Clausen mentioned the local FFA auction. Councilmember Zemanek added that in the future he would appreciate a yes or no answer from the City Attorney on political issues. Mayor Rigby added congratulations to the dispatchers and to the Red Suspenders. 11. 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 551.071 (1)(a) — Pending or Contemplated Litigation — Discuss acquisition of easement from CenterPoint Energy. Council recessed the regular meeting to convene an executive session at 7:13 p.m., with the exception of Councilmember Engelken, who filed a conflict of interest affidavit. 12. Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session. Council reconvened the regular meeting at 7:45 p.m. Councilmember Mosteit moved to continue with the takings process. Councilmember Clausen seconded. MOTION FAILED. Ayes: Councilmembers Clausen, Mosteit and Martin Nays: Mayor Rigby, Councilmembers Leonard, Zemanek and Moser Absent: Councilmember Black Abstention: Councilmember Engelken Councilmember Leonard moved to authorize entering into the contract as is with CenterPoint Energy. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Martin, Leonard, and Moser Nays: Councilmembers Clausen, Mosteit and Zemanek Absent: Black Abstention: Councilmember Engelken Page 5 of 6 April 11, 2011, City Council Meeting Minutes Councilmember Engelken returned to the meeting at 7:47 p.m. 13. Adjournment There being no further business, at 7:47 p.m., Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, k(i a Patrice Fogarty, Ci Secret Passed - • - :Ai! •ved on April 25, 2011. FA. Maylli R.i• y Page 6 of 6 April 11, 2011, City Council Meeting Minutes