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
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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
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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
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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."
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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
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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.
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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
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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
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