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HomeMy WebLinkAbout2014-11-10 Regular Meeting of La Porte City Council minutes LOUIS RIGBY O� A Mayor Q DARYL LEONARD JOHN ZEMANEK /. ,'91 Councilmember District 3 Councilmember At Large A v m TOMMY MOSER DOTTIE KAMINSKI Councilmember District 4 Mayor Pro Tem JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP TEXAS Councilmember District 1 MIKE CLAUSEN Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 10, 2014 The City Council of the City of La Porte met in a regular meeting on Monday, November 10, 2014, 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 Kaminski, Clausen, Earp, Zemanek, Moser, Engelken, Leonard and Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, 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 Danny Earp. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognitions—City University Participants—Mayor Rigby Mayor Rigby recognized City University graduates: Alfred Baber; Chad French; Mary Gay; Kim Guarino; Linda Mather; Nancy Ojeda; Dan Parker; Ronald Perry; Ken Rose; Aubry Sartori; Brenda Thompson; Edward Thompson; George Watkins and William Davis. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Richard Warren, 8730 Collingsdale, thanked Council for attending the annual Harvest Festival on Saturday night. Prinisha Bhatt, 908 W. G St., addressed Council on behalf of Holiday Inn Express in La Porte with concerns of transportation for the tourists that are coming to La Porte. Ms. Bhatt informed Council the City of Deer Park is looking at shuttle services in their City and requested Council to consider doing the same. 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 Regular Meeting held on October 27, 2014— P. Fogarty 9 Y (b) Consider approval or other action regarding a Resolution amending the City of La Porte, Texas, Investment Policy— M. Dolby (c) Consider approval or other action regarding a Resolution authorizing the resale of certain tax delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 Page 1 of 8 November 10, 2014, Council Meeting Minutes (located on 1611, between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit north of Main), Town of La Porte— K. Powell (d) Consider approval or other action regarding the adoption of a Local Bidder Preference Policy— M. Dolby (e) Consider approval or other action regarding proposed la Porte Fire Control, Prevention, and Emergency Medical Services District 2014-2015 budget amendment, as approved by the Board of Directors of the District at the meeting of October 20, 2014— R. Nolen (f) Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and to amend the Fiscal Year 2014-2015 Budget to increase the Grant account— K. Adcox (g) Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure— K. Adcox (h) Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park— R. Epting (i) Consider approval or other regarding an Ordinance amending Chapter 50 "Parks and Recreation" of the La Porte Code of Ordinances by adding Electrical Usage Fee and adjusting Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Arena - R. Epting Q) Consider approval or other action authorizing Staff to accept quotes from Kraftsman Commercial Playgrounds &Water parks for City splash parks— R. Epting (k) Consider approval or other action authorizing the City Manager to enter into a Professional Services Contract with Cobb, Fendley & Associates, Inc., for D Street and 411 Street Paving and Drainage Improvements— D. Mick (1) Consider approval or other action regarding purchase of vehicle and equipment replacement through the HGAC Buy Board —D. Mick (m) Consider approval or other action awarding Bid # 15003 for Fiscal Year Concrete Street Repairs — D. Mick Regarding Item B, Councilmember Earp asked who are the members of the Fiscal Affairs Committee who review the investments. Staff responded the regular members are Councilmembers Engelken, Leonard, and Moser; and the Alternate Members are Councilmembers Martin and Kaminski. Regarding Item D, Mayor Rigby asked if the 5% discount is considered if a vendor bids over $500,000.00. Assistant City Attorney Clark Askins responded over $500,000.00 triggers a 3% consideration. Councilmember Earp asked if 'best value' criteria can be used when awarding a bid. Assistant City Attorney Askins responded 'best value' cannot be used because it is a different criteria than local bidder rules. Councilmember Leonard asked which criteria will be used if one vendor bids $515,000.00 and another vendor bids $499,000.00 on a $520,000.00 project? Assistant City Attorney Askins Page 2 of 8 November 10, 2014, Council Meeting Minutes responded the State Statue does not address that question, and Council can come back with a separate rule to address the question. Councilmember Moser asked if the proposed Local Bidder Preference Policy is approved, will bids still come before City Council. Finance Director Michael Dolby responded yes. Councilmember Zemanek asked about a business owner who lives in La Porte and owns a business located in another city, that means the business owner does not qualify as a local business. Finance Director Michael Dolby responded correct. Councilmember Engelken commented the proposed Local Bidder Preference Policy was discussed at length at the recent Fiscal Affairs Committee, and it was the general consensus it may help stimulate local businesses and projects thus allowing a better opportunity to bid because they may not have the same resources as large businesses. Mayor Rigby requested the item be voted on separately. Regarding Item F, Councilmember Earp asked why the Regional DWI Task Force agreement with HGAC has the authority to cancel the agreement without notification but requires the City to give a 30-day notice and their Executive Director has final decisions on any disputes. Chief of Police Ken Adcox responded it has been the same standard state contract for the past five years without any issues. Regarding Item H, Councilmember Leonard asked if individuals operating a business or receiving payments for services during Open Riding are being charged a fee for using the facility. Parks and Recreation Director Rosalyn Epting responded no. Councilmember Earp commented individuals running a business on City time should be paying a fee. Councilmember Zemanek moved to approve the Consent Agenda Items A,B,C,E,F,G,H,I,J,K,L and M pursuant to staff recommendations. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3550: AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" BY ADDING ELECTRICAL USAGE FEE AND ADJUSTING RESERVATION AND DAMAGE DEPOSIT FEE, IN CONNECTION WITH RENTAL OF LIVESTOCK AND RODEO ARENA, AND AMENDING APPENDIX —A "FEES, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mayor Rigby requested staff bring back Item D with better clarification on threshold amounts, discounts and workforce headquarters being located in La Porte. Councilmember Moser moved to postpone Item D until staff brings back information to Council. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Page 3 of 8 November 10, 2014, Council Meeting Minutes 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an Ordinance amending Chapter 106, "Zoning" of the City of La Porte Code of Ordinances in connection with a comprehensive review and update to Chapter 106, "Zoning" —T. Tietjens/E. Ensey Planning and Development Director Tim Tietjens opened discussions by presenting background. City Planner Eric Ensey reviewed significant changes prior to taking public comments. Mayor Rigby advised he could not find the definition of outdoor storage in Sec. 106-511 — Permitted, accessory, and special conditional uses. City Planner Eric Ensey responded outdoor storage is referenced in Sec. 106-444 — Commercial Performance Standards, but there is not a definition for what outdoor storage is. Planning and Development Director Tim Tietjens advised the definition can be added. City Planner Eric Ensey clarified that the outside storage mentioned in 106-511 is just in the Main Street Overlay district. Councilmember Earp asked if design roofs can be any color. City Planner Eric Ensey responded yes. Councilmember Zemanek asked if the City and La Porte Chamber of Commerce will still be able to display banners advertising across power lines. Planning and Development Director Tim Tietjens responded it is the same as it has been, and no new changes have been proposed. The public hearing was opened at 6:40 p.m. Phillip Hoot, 927 Seabreeze, addressed Council and provided information and an update as a member while serving on the Chapter 106 (Zoning) Subcommittee. Councilmember Zemanek questioned Mr. Hoot if the subcommittee reviewed Sec. 106-877, Temporary signs. Mr. Hoot responded not as it relates to signs, but another review will be starting in March or April 2015. Mr. Hoot also stated that the committee didn't address any changes to the Tree Fund because their thinking was that a City Council had placed it in the ordinance; the committee didn't want to remove it. Richard Warren, 8730 Collingsdale, addressed Council as a member of the Chapter 106 (Zoning) Subcommittee and informed Council a great amount of information was reviewed; and he enjoyed working with everyone. Mayor Rigby asked Council if there are any other items to be addressed besides the trees, outdoor storage and temporary signs. There being no additional Council or public comments, the public hearing closed at 7:54 p.m. (b) Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter 106, "Zoning." Page 4 of 8 November 10, 2014, Council Meeting Minutes I Councilmember Earp moved to approve an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter 106, Zoning, as written. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3551: AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN ITS ENTIRETY IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE; 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. 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance - D. Mick Public Works Director Dave Mick presented a summary. Councilmember Clausen asked if the item is being discussed because restaurants are requesting fees be lowered. Public Works Director Dave Mick responded a restaurant owner has questioned whether restaurants should be included in the Industrial Waste Ordinance. Councilmember Clausen asked where schools are placed in the Industrial Waste Ordinance. Mr. Mick responded there is no surcharge on schools. Councilmember Martin asked if the City of Deer Park does not include restaurants in their Industrial Waste Ordinance as stated in an email from the owner of Gringo's restaurant. Public Works Director Dave Mick responded that the City of Deer Park's ordinance has the authority to include restaurants. Councilmember Martin questioned where the BOD (Biochemical Oxygen Demand) figures come from. Mr. Mick and Industrial Waste Inspector Pam Kroupa responded, "The contract laboratories hired by restaurants." Councilmember Martin commented he may be in favor of a different rate for food establishments. Councilmember Kaminski asked if the City of Baytown is doing the same with surcharge fees. Public Works Director Dave Mick responded the City of Baytown has the same formula. Councilmember Kaminski questioned how long has the process been in place. Mr. Mick responded the formulas have been in place for decades; the operation and maintenance changes over the years, based on the current budget. Councilmember Moser asked if the restaurants are allowed the get the BOD (Biochemical Oxygen Demand) figures retested to see if the rate can be reduced, or do they have to wait for a period of time. Mr. Mick responded yes they can get a retest; and it varies case by case and the time period depends on what the restaurant needs to do. Industrial Waste Inspector Pam Kroupa added when a test result comes in bad, it is usually due to it being sampled in the wrong place; and the restaurant does not have to wait three weeks to do a retest. Ms. Kroupa stated that requesting an establishment to wait three weeks is part of the corrective action if they have to clean a grease trap. Councilmember Moser asked it the retest is good, is the bill readjusted. Ms. Kroupa responded yes. Councilmember Zemanek asked if the Industrial Waste surcharge Ordinance was established for the truck washing facilities in town. Public Works Director Dave Mick responded yes that is his Page 5 of 8 November 10, 2014, Council Meeting Minutes understanding. Councilmember Zemanek commented homeowners are placing more solids in the system than restaurants and are not paying surcharge fees. Public Works Director Dave Mick responded the formula is set up for a facility discharging more BOD (Biochemical Oxygen Demand) and more total solids than a single resident would on average. Councilmember Zemanek commented he does not have a solution for tonight, but the restaurants are being tagged too hard. Councilmember Leonard asked if meters can be used to monitor the amount of waste. Public Works Director Dave Mick responded meters can be used to monitor the effluent volume. Councilmember Leonard asked if the restaurants are required by law to have grease traps. Mr. Mick responded yes. Councilmember Zemanek questioned why a surcharge is being used to cover the cost for an employee. Councilmember Clausen commented he is not against lessening the surcharge rate but thinks the program should continue. Mayor Rigby asked how many restaurants complained about the surcharges. Public Works Director Mick responded two have reached his desk in the last four years, and one was not the surcharge issue. Mayor Rigby asked if Gringo's was given the opportunity to mitigate. Mr. Mick responded yes. Mayor Rigby commented the system is working the way it should, and he is not in favor of changing it. Councilmember Martin questioned how often the restaurants are read. Mr. Mick responded annually. Councilmember Leonard asked how much does it cost to run the test. Industrial Waste Inspector Pam Kroupa responded $40.00. Councilmember Leonard commented he does not have a problem with charging for their emissions, but testing annually isn't often enough. Councilmember Zemanek asked if residential or commercial is the largest contributor with sewer lines in the treatment plant. Assistant Public Works Director Don Pennell responded residents are the largest contributor to the loading of the treatment plant. Councilmember Zemanek moved for staff to revisit the item and bring back a more suitable formula for the commercial restaurant businesses in the City of La Porte. Councilmember Leonard seconded. MOTION PASSED. Ayes: Councilmembers Engelken, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: Councilmember Moser and Mayor Rigby Absent: None (b) Discussion regarding the current parkland provisions of Development Ordinance 1444 as it relates to assessing fees for individual dwelling units —T. Tietjens Planning and Development Director Tim Tietjens presented a summary. Mayor Rigby advised he requested the item be placed on the agenda for discussion. Mayor Rigby advised he has been approached by individuals building single family homes, not developments; and they are required to pay too costly of a fee for the parkland provisions of the Development Ordinance. Councilmember Leonard commented he think it is ridiculous to charge a fee for parkland provisions on an individual's property. Page 6 of 8 November 10, 2014, Council Meeting Minutes Councilmember Martin questioned if a landowner of property wanted to build three homes, does it qualify as a development? Planning and Development Director Tim Tietjens responded it is written in the ordinance for parkland provisions for a single unit or above. Councilmember Martin commented he would like to see a different level for single family homes. Councilmember Martin asked how much funds for parks are in each district in the City. Parks and Recreation Director Rosalyn Epting advised she will get the information for City Council. Planning and Development Director Tim Tietjens asked Council at what level would they be comfortable with the number of units being defined as a 'subdivision. Mr. Tietjens informed it is presently defined as 1 through 92. Councilmember Leonard asked if there is a state-wide definition for a subdivision. Mr. Tietjens responded yes, "two or more contiguous lots." Mayor Rigby questioned if the fee of $808.00 per unit built or per lot. Mr. Tietjens responded per unit accessed at the time of permitting construction. Mr. Tietjens informed a legal subdivision is two or more lots; and if it is not a plat, it is not a subdivision. Mr. Tietjens clarified when you build one home on a 5-acres tract, the fee is $808.00; and if 5 homes are built on 5 acres, the fee is $808.00 times 5. Councilmember Zemanek commented if a home is being built for resale, the fees should apply. Council directed Planning and Development Director Tim Tietjens to draft an Ordinance addressing two or more contiguous lots. 9. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment Meeting, Thursday, November 13, 2014 • Planning and Zoning Commission Meeting, Monday, November 17, 2014 • Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014 • City Council Meeting, Monday, December 8, 2014 • Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 City Manager Corby Alexander thanked the Chapter 106 (Zoning) Subcommittee for their time and efforts. 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 or existing policies — Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. Councilmembers Earp, Leonard and Clausen thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee; Councilmember Martin thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee; informed of his attendance of the Rededication of the Houston Ship Channel; San Jacinto Museum's Special Evening with Texas History; thanked the Veterans and advised of the taxi services available with Uber; Councilmember Moser thanked the Chapter 106 (Zoning) Subcommittee and commented on the nice 331d Annual Harvest Banquet; Councilmember Kaminski thanked the Chapter 106 (Zoning) Subcommittee, the City University Participants; and her attendance of the San Jacinto Museum's Special Evening with Texas History and the 33rd Annual Harvest Banquet; Councilmember Zemanek thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee, informed of his attendance of the San Jacinto Museum's Special Evening with Texas History and the 331 Annual Harvest Banquet; the Rededication of the Houston Ship Channel and remembered his mother, Jeanne Zemanek. Today would be her 72nd birthday and wished his in-laws a Happy 52"d Anniversary; Councilmember Engelken thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee, wished everyone safe and enjoyable Thanksgiving holidays; and Mayor Rigby Page 7 of 8 November 10, 2014, Council Meeting Minutes thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee and the Planning and Development Department, and commented he also enjoyed the events attended. 11. ADJOURN There being no further business, the meeting adjourned at 9:15 p.m. Patrice Fogarty, Ci ecreta Passed d p v on December 8, 2014. Ma or uis R. Rigb 0 Page 8 of 8 November 10, 2014, Council Meeting Minutes