HomeMy WebLinkAbout2015-02-09 Regular Meeting of La Porte City Council minutes LOUIS RIGBY Ok L
Mayor p DARYL LEONARD
JOHN ZEMANEK9
� � Councilmember District 3
Councilmember At Large A m TOMMY MOSER
DOTTIE KAMINSKI
Mayor Pro Tem Councilmember District 4
JAY MARTIN
Councilmember At Large B ®
DANNY EARP rexA9 Councilmember District 5
Councilmember District 1 MIKE CLAUSEN
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
FEBRUARY 9, 2015
The City Council of the City of La Porte met in a regular meeting on Monday, February 9, 2015, 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 Kaminski, Martin, Earp, Leonard, Clausen, Zemanek and Engelken. Also present
were City Secretary Patrice Fogarty, and City Manager Corby Alexander. Councilmember Moser
arrived at 6:08 p.m.
2. INVOCATION —The invocation will be given by Michael Thannisch, Congregation Benim Avraham.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Dottie
Kaminski.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition — Employee of the (Fourth) Quarter — Charlene Fox (City of
La Porte Telecommunications)— Mayor Rigby
Mayor Rigby recognized Charlene Fox for receiving Employee of the (Fourth) Quarter.
(b) Recognition — Employee of the Year — Brian Sterling (City of La Porte GIS Manager) — Mayor
Rigby
Mayor Rigby recognized Brian Sterling for receiving Employee of the Year.
(c) Recognition— Manager of the Year—Cherell Daeumer (City of La Porte Purchasing Manager)—
Mayor Rigby
Mayor Rigby recognized Cherelle Daeumer for receiving Manager of the Year.
(d) Recognition — Retirement of James Stark (City of La Porte Public Works Department) — Mayor
Rigby
Mayor Rigby recognized the retirement of James Stark from the City of La Porte Public Works
Department.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council voicing opposition to the La Porte Development
Corporation Board providing incentive grants.
Page 1 of 8
February 9, 2015, Council Meeting Minutes
Steve Gillett, 2601 S. Broadway #27, addressed Council in regards to the Industrial Waste
surcharge fee and advised the surcharge is not a tax to generate revenue but to ensure compliance
with the ordinance and an incentive to reduce grease and oil in the collection and treatment system.
Mr. Gillett informed the city is currently under an administrative order with Texas Commission on
Environmental Quality (TCEQ) to reduce overflow and to have an Industrial Waste Ordinance. In
addition, Mr. Gillett advised the Waste Water Treatment Plant will be affected due to the design
criteria being a 200 Biological Oxygen Demand (BOD).
Steve Coycault, Sr., 4315 Maidenhead Dr., addressed Council and asked them to consider freezing
City taxes for the disabled and seniors 65 and older.
Russell Ybarra, 2601 Underwood (Gringo's Mexican Kitchen), addressed Council and advised the
City of La Porte is the only city that classifies a restaurant as an industrial user and requested the
City to consider reducing the surcharge by 50% and require all food establishments to mandate a
quarterly grease pumping. Mr. Ybarra also informed he doesn't feel the ordinance is fair to include
restaurants and nursing homes but not the school district.
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 City Council Meeting held on
January 26, 2015—P. Fogarty
(b) Consider approval or other action authorizing the City Manager to execute a contract with
Port of Houston Authority for the provision of emergency medical services by the City of
La Porte EMS for Barbour's Cut Terminal— P. Fogarty
(c) Consider approval or other action to renew the 2013 contract with North Houston Pole Line
for sanitary sewer repair, replacement and/or rehabilitation with an approved allocation of
$175,000.00 — D. Mick
(d) Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015
to Brookside Equipment through Texas BuyBoard and rescinding the approval at the
January 12, 2015 City Council meeting for purchase of Golf Course and Parks equipment
through HGAC — D. Mick
(e) Consider approval or other action regarding Ordinance 2007-IDA-141, authorizing execution
of an Industrial District Agreement between the City of La Porte and Almondwater LLC. — K.
Powell
(f) Consider approval or other action authorizing the Mayor to execute a Water Service
Agreement and a Sanitary Service Agreement with Almondwater LLC. —T. Tietjens
Regarding Item c, Councilmember Earp questioned how much was actually billed on the last
contract and if they are required to obtain a new bond. Public Works Director Dave Mick responded
$182,000 into the contingency and, yes, they are required to get new bonds.
Regarding Item d, Councilmember Martin questioned if the gator ATV truck is a new vehicle. Mr.
Mick responded yes.
Page 2 of 8
February 9, 2015, Council Meeting Minutes
Councilmember Engelken moved to approve the Consent Agenda pursuant to staff
recommendations. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Moser,
Leonard, Engelken, Martin, Kaminski and Earp
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3569: AN
ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH ALMONDWATER LLC., A TEXAS CORPORATION 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.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendations by the Planning and Zoning
Commission to approve Rezone Request #14-9200000, rezoning property from split Low
Density Residential (R-1) and General Commercial (GC), to exclusively General Commercial
(GC) for a 1.6611 tract of land located at the southeast corner of Spencer Highway and Canada
Road—E. Ensey
The public hearing was opened at 6:40 p.m.
City Planner Eric Ensey Presented a summary.
Councilmember Earp questioned how has the developer agreed to work with the property owners at
3203 Canada Road to mitigate their concerns. Mr. Ensey responded the city will review the site
plans and ensure the developer is in compliance with the code provisions which are property owner
concerns.
There being no input from the public, the public hearing closed at 6:43 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 by changing the zoning classification from split Low
Density Residential (R-1) and General Commercial (GC) to exclusively General Commercial
(GC) for a 1.6611 tract of land located at the southeast corner of Spencer Highway and Canada
Road — E. Ensey
Councilmember Engelken moved to approve an Ordinance amending Chapter 106 Zoning of the
Code of Ordinances of the City of La Porte by changing the zoning classification from split Low
Density Residential (R-1) and General Commercial (GC) to exclusively General Commercial (GC)
for a 1.6611 tract of land located at the southeast corner of Spencer Highway and Canada Road.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3570: AN
ORDINANCE AMENDING CHAPTER 106 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM SPLIT LOW DENSITY RESIDENTIAL (R-1) AND
GENERAL COMMERCIAL (GC) TO EXCLUSIVELY GENERAL COMMERCIAL (GC), FOR A 1.6611 ACRE 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.
Page 3 of 8
February 9, 2015, Council Meeting Minutes
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding a request by Boone Exploration, Inc., for relief from 300'
distance requirement from any dwelling or water well for a proposed Geophysical Mineral
Exploration and Testing Permit—T. Tietjens
Planning and Development Director Tim Tietjens presented a summary; and Hoyt O'Neal with
Boone Exploration and Hal Bozeman with Etoco, L.P., provided a presentation.
Councilmember Earp questioned would there be any damages from testing. Mr. O'Neal advised it
is very minimal — maybe cause some potholes — but no broken slabs. Councilmember Earp
commented it seems like a lot of risk.
Councilmember Zemanek questioned which company was requesting the proposed Geophysical
Mineral Exploration and Testing Permit and for what reason. Mr. O'Neal responded Boone
Exploration is contracted to conduct the seismic survey through Etoco L.P.; and they are exploring
their mineral options. Councilmember Zemanek asked if the company has any idea which streets
will be tested in the Lomax area. Mr. O'Neal responded no, the company is in the early stages and
is trying to get the buffers reduced. Mr. O'Neal also advised the company can adjust accordingly to
whatever needs to be done.
Councilmember Clausen questioned if the testing is conducted on streets. Mr. O'Neal responded
yes, they try to stick to the main roads to avoid tearing up yards.
Councilmember Martin questioned the type of minerals the company is trying to find. Mr. O'Neal
responded once the data is set, it will be sent to the processor to determine if there is oil or natural
gas. Councilmember Martin then questioned at what depth will the reservoirs be determined.
Mr. O'Neal responded up to 18,000 feet, depending on the shot points and locations.
Councilmember Martin asked what type of drilling will take place. Hal Bozeman, Land Manager
with Etoco, L.P., advised the type of drilling is determined by the seismic testing; and 2-3 acres are
needed for drilling, and 1 acre for the production site.
Hoyt O'Neal advised they are in the early stages; and if drilling were to take place, it will be 6-9
months later.
Brady Payne with VibraTech advised they will be with Boone Exploration during the surveying to
keep them in the safe zone.
Councilmember Zemanek commented he wants to protect the homeowners and is against the
entire process.
Mayor Rigby questioned if a survey was conducted 30 years ago, can a new survey show changes
today. Mr. O'Neal responded the technology has changed since then and line spacing could have
been off and today it is a more precise technology.
Councilmember Earp moved to deny relief from the 300-foot distance requirement from any
dwelling or water well for a proposed Geophysical Mineral Exploration and Testing Permit.
Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
Page 4 of 8
February 9, 2015, Council Meeting Minutes
(b) Discussion or other action regarding the surcharge fee component of the City of La Porte
Industrial Waste Ordinance (This item was tabled at the January 12, 2015 meeting)— D. Mick
Public Works Director Dave Mick presented a summary.
Councilmember Zemanek requested a breakdown for the program's approximate cost of$95,000 a
year. Public Works Director Dave Mick responded it is approximately $82,000 in salary and
benefits. Councilmember Zemanek asked what other cities are doing. Mr. Mick responded he
does not know if other cities have a requirement like the City of La Porte for significant industrial
users that is not a mandate from Texas Commission on Environmental Quality (TCEQ). Mr. Mick
advised the user group is prompting the cost of the program. Councilmember Zemanek asked if Mr.
Mick still thinks that reducing the formula by 50% will satisfy the requirements. Public Works
Director Dave Mick responded he does not have a problem reducing the formula by 50%.
Councilmember Zemanek asked if the City requires restaurants to pump their grease traps on a
regular basis. Mr. Mick responded yes, but they are not required to pump the grease traps four
times a year. Councilmember Zemanek asked if Mr. Ybarra emptied his grease traps more than
quarterly will alleviate his situation of a high surcharge. Mr. Mick responded he recalls Mr. Ybarra's
cost issue being a biological oxygen demand (BOD) loading issue and not a grease issue.
Councilmember Clausen asked if the City required everyone to pump grease traps quarterly, as
suggested by Mr. Ybarra, will it reduce the total BOD going to the Waste Water Treatment Plant.
Mr. Mick responded he is not sure because more than 2/3 of the restaurants are pumping grease
traps quarterly.
Councilmember Leonard commented he does not believe the current penalty fee is fair and taking a
measurement once a year is not an accurate picture of what a business is doing and the amount of
waste that is going through the system. Councilmember Leonard then suggested to reduce the cost
and put into effect a structure for testing and pumping grease traps.
Councilmember Engelken commented it will be a good idea to have Staff validate all of the
situations and see what other cities are doing and take more time to evaluate the scope.
Councilmember Martin commented he would like more information on the effect of reducing the
surcharge fee will have on the current system before making a decision.
Councilmember Moser questioned if grease actually is the cause for a high BOD. Public Works
Director Dave Mick responded liquids without grease going down a drain can still have a high BOD.
Councilmember Moser commented there are a lot of questions to be answered before he can make
a decision.
Councilmember Earp asked if there is an impact on the water system at this time with everything
that is going to the Waste Water Treatment Plant. Mr. Mike responded yes, and the BOD loading
rates have been going down in the last few years and may be contributed to the current ordinance.
Councilmember Zemanek asked if the City is near capacity at the Waste Water Treatment Plant.
Mr. Mick responded no.
Mayor Rigby advised City Council the item was placed on the agenda for discussion and to give
Staff direction for a future meeting and not to change the existing ordinance. Mayor Rigby asked if
any change for the restaurants will also apply to truck washes. Mr. Mick responded it would apply to
industrial users and not 'significant industrial users' which truck washes fall under. Mayor Rigby
asked Mr. Mick if he recalls when the item was first discussed and during Industrial Waste Inspector
Pam Kroupa's comments regarding Gringo's Kitchen, she advised when the surcharges were
issued, she advised the charges could be lowered if recommendations were undertaken by the
restaurant. Ms. Kroupa advised the manager informed her they would pay the surcharges. Mr. Mick
responded no corrective action has been taken, and he does recall the conversation. Mayor Rigby
asked if the testing the City does is conducted by a contractor. Mr. Mick responded yes the testing
Page 5 of 8
February 9, 2015, Council Meeting Minutes
is done by a vendor. Mayor Rigby advised cost information for increasing the number of times
testing should be done a year needs to be available the next time discussed. Mayor Rigby
commented the concern is if the surcharge is reduced or eliminated, will the treatment plant be at
risk in the future. Mr. Mick responded it is possible; but future tests results would have to be
compared to previous test results in order to make the determination. Mayor Rigby asked if the
surcharges were reduced and BOD's continue to rise and concern TCEQ, how easy it will be for the
City to revert back to the original program. Mr. Mick responded the City would have enough
information from the test results to justify going back to the old rates.
Councilmember Engelken moved to postpone the item pending additional information from Staff on
recommendations moving forward. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Engelken,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: None
9. Reports
(a) Receive report of La Porte Development Corporation Boar—Councilmember Engelken
Councilmember Engelken provided a report from the La Porte Development Corporation Board
meeting held prior to this meeting and advised the next meeting will be held on February 23, 2015.
(b) Receive 2014 City of La Porte Police Department Racial Profiling Report—K. Adcox
Police Chief Ken Adcox provided the City of La Porte Police Department Racial Profiling Report and
advised there were no complaints of racial profiling.
Councilmember Zemanek commented the City of La Porte Police Department is doing an excellent
job.
There were no questions.
(c) Receive Planning Department Audit Report—T. Tietjens
Planning and Development Director Tim Tietjens provided a report and informed all immediate and
short term goals are done and 10 of 17 long term goals are done.
Councilmember Martin asked if any of the quarterly forums with citizens and homeowners groups
have been conducted. Planning and Development Director Tim Tietjens advised a map has been
generated for code enforcement, and the first quarterly meeting will be held in March.
Councilmember Martin requested City Council receive a copy of the Code Enforcement Map.
Mr. Tietjens advised he will send it in the next couple of days.
(d) Receive Drainage Report— B. Eng
City Engineer/Inspection Service Manager Bob Eng was present to accept questions.
Councilmember Moser questioned the delay on the D Street Connector. Mr. Eng informed it is
being advertised and then a pre-bid meeting will be held.
Councilmember Martin asked when was the last time the Drainage Committee met. Mr. Eng
responded not since he became employed at the City; and he will get with the City Secretary's
Office to set up a meeting if the committee would like to meet.
10. ADMINISTRATIVE REPORTS
There were no Administrative Reports
Page 6 of 8
February 9, 2015, Council Meeting Minutes
it
11. 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 Moser, Kaminski, Zemanek, Leonard, Engelken,
Earp, Clausen, Martin and Mayor Rigby.
Councilmembers Kaminski, Leonard, Earp, and Clausen congratulated Charlene Fox, Brian
Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement;
Councilmember Zemanek congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for
receiving awards and James Stark on his retirement; reminded everyone of the Soul Food Cook-Off
this coming Friday and congratulated Councilmember Earp on the birth of his first grandchild;
Councilmember Engelken congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer for
receiving awards and James Stark on his retirement, and also congratulated Councilmember Earp
on the birth of his first grandchild; Councilmember Martin congratulated Charlene Fox, Brian
Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; thanked
Staff for their presentations tonight and reminded everyone of Valentine's Day this coming
Saturday; Councilmember Moser congratulated Charlene Fox, Brian Sterling, and Cherell Daeumer
for receiving awards and James Stark on his retirement and reminded everyone of the Soul Food
Cook-Off this coming Friday; and Mayor Rigby recognized retired Reserve Officers, Pat O'Connor;
Johnny Land and retired Police Officer Donna O'Connor at the meeting; recognized Charlene Fox,
Brian Sterling, and Cherell Daeumer for receiving awards and James Stark on his retirement; and
advised City Manager Corby Alexander and Finance Director Michael Dolby have been looking at
into the seniors' tax freeze; and Council is waiting on the legislative session and not ignoring the
issue.
12. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item
should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code, including, but not limited to, the following:
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 and Corby Alexander, City Manager.
Texas Government Code, Section 551.071 (1) (A) — Consultation with City Attorney: Pending or
Contemplated Litigation—Meet with City Attorney to discuss contract with 65 La Porte, Ltd.
City Council recessed the regular Council meeting to convene an executive session at 8:12 p.m. to
meet with the City Attorney and then with Patrice Fogarty, City Secretary, and Corby Alexander,
City Manager.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
Council reconvened into the regular Council meeting at 9:03 p.m.
Regarding the executive session pertaining to Section 551.074, for the deliberation concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee: Patrice Fogarty, City Secretary and Corby Alexander, City Manager, Mayor
Rib advised there were discrepancies on the evaluation number totals that need to be remedied
9Y P
before meeting for the evaluations.
Regarding the executive session pertaining to Section 551.071 (1) (A) — Consultation with City
Attorney: Pending or Contemplated Litigation — Meet with City Attorney to discuss contract with 65
La Porte, Ltd.
Page 7 of 8
February 9, 2015, Council Meeting Minutes
Councilmember Engelken moved to direct Assistant City Attorney Clark Askins to send a demand
letter requiring 65 La Porte, Ltd., to meet the requirements of the memorandum of understanding.
Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Martin,
Clausen, Kaminski, Engelken, Zemanek, and Earp
Nays: None
Absent: None
14. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
9:05 p.m.
�Iftlik." A2� —
Patrice Fogarty0i� Secrdfary
Passed a r ved on February 23, 2015.
M or L uis R. ; igb
Page 8 of 8
February 9, 2015, Council Meeting Minutes