HomeMy WebLinkAbout2015-03-23 Regular Meeting of La Porte City Council minutes LOUIS RIGBY k L
Mayor
JOHN ZEMANEK ,' ` C9 DARYL LEONARD
Councilmember District 3
Councilmember At Large A v� � r m TOMMY MOSER
MayorDOTTo Tem KI Councilmember District 4
Mayor Pro Tem �
Councilmember At Large B JAY MARTIN
g
DANNY EARP rexLe 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
MARCH 23, 2015
The City Council of the City of La Porte 'met in a regular meeting on Monday, March 23, 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 6:00 p.m. Members of Council present:
Councilmembers Kaminski, Martin, Earp, Leonard, Clausen, Moser, Zemanek and Engelken. Also
present were City Secretary Patrice Fogarty and City*Manager Corby Alexander.
2. INVOCATION—The invocation was given by Reid Morgan, St. John's Episcopal Church.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Mark Pool, 1401 Lemon Ln., addressed Council in opposition of item 6 g and h, a rezone request
for QualaWash Holdings, LLC.
Darrell Hudgins, 11311 North P;St., addressed Council in opposition to item 6 g and h, a rezone
request for QualaWash Holdings, LLC.
Mike Perth, 10929 North P St., addressed Council in support of his neighbors in the Lomax
community and reported noise in the area from surrounding businesses.
Dennis Noseworthy, 3419 Roseberry, addressed Council in support of items 6 a-d for commercial
development of automobile and truck repair facility.
Charles Miller, 917 S. 4th St., addressed Council in support of items 6 a-d for commercial
development of an automobile and truck repair facility that was denied by the Planningand Zoning
9
Commission.
Realtor Melody Velazquez, 4432 Eli St., Houston, TX, addressed Council in support of items 6 a-d
for commercial development of automobile and truck repair facility.
Business owner of Fit 4 Mom, Amy Guinn, 202 Summer Breeze Dr., addressed Council in support
of item 8a and requested Council consider certain businesses with programs be allowed to utilize
City facilities.
Adam Wilkes, 11322 North P St., addressed Council in opposition to item 6 g and h, a rezone
request for QualaWash Holdings', LLC.
Page 1 of 6
March 23, 2015, Council Meeting Minutes
5. 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
March 9, 2015— P. Fogarty
(b) Consider approval or other regarding an agreement between Harris County and the City of
La Porte for a Community Development Block Grant (CDGB) for the Historic Schoolhouse
Project—C. Alexander
(c) Consider approval or other action regarding an Ordinance renewing an Interlocal Agreement
between the City of La Porte and La Porte Independent School District for the provision of
Police School Resource/DARE Officers—K. Adcox
(d) Consider approval or other action authorizing the Mayor to sign a Resolution designating the
City Manager as the designated grant official and approving the grant application for the
Body Cameras Acquisition Project through the Criminal Justice Division, Office of the
Governor, State of Texas— K. Adcox
(e) Consider approval or other action authorizing the City of La Porte to enter into an Interlocal
Purchasing Agreement between the City of Houston and Metro as additional party, for
participation in cooperative purchasing program—C. Daeumer
Councilmember Moser moved to approve the Consent Agenda Items pursuant to staff
recommendations. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Moser, Leonard,
Engelken, Martin, Zemanek, Kaminski and Earp
Nays: None
Absent: None
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinance from Consent
Agenda Item 5(b):
Ordinance 2015-3573: AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENENT SCHOOL DISTRICT FOR
PROVISION OF SIX PATROL OFFICERS AT LA PORTE INDEPENDENT SCHOOL DISTRICT SCHOOLS; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to deny an update to the Future land Use Map component of the
Comprehensive Plan of the City of La Porte to change future land use classification for
1.0-acre tract portion of a 2.14-acre tract of land described as Tracts 262 and 262A,
La Porte Outlots (applicants Jose Marroquin & Martina Guadalupe Marroquin, on behalf of
property owner Dennis Noseworthy) — E. Ensey
The public hearing opened at 6:25 p.m.
City Planner Eric Ensey presented a summary and advised the Planning and Zoning Commission
recommended denial of the request.
Page 2 of 6
March 23, 2015, Council Meeting Minutes
Councilmember Leonard questioned if the back portion of the property is land locked. Mr. Ensey
responded no.
Councilmember Engelken asked I how many notifications went out to the local residents. Mr. Ensey
responded 6 properties within the 200-foot radius of the subject property, with two responses in
opposition.
Councilmember Leonard asked what the back portion of the property can be utilized for. Mr. Ensey
responded as currently zoned, it can be developed as large lot residential.
Regina Noseworthy, 3419 Roseberry, addressed Council and advised that, in her opinion, it will be
difficult to sell a residential lot with a commercial lot in front of the property; and it is in the best
interest of the property to convert it into commercial property. Mrs. Noseworthy requested Council
consider rezoning the property.
Dennis Noseworthy, 3419 Roseberry, addressed Council in support of the rezone and advised with
Sens Road going to four lanes, itis not safe zoned as residential.
The public hearing closed at 6:39 p.m.
(b) Consider approval or other action regarding an Ordinance adopting an update to the Future
Land Use Map Component of the Comprehensive Plan of the City of La Porte, Texas to
change future land use classification for 1.0-acre portion of a 2.14-acre tract of land
described as Tracts 262 and 262A, La Porte Outlots from Large Lot Residential to
Commercial (applicants Jose Marroquin & Martina Guadalupe Marroquin, on behalf of
property owner Dennis Noseworthy) —E. Ensey
Councilmember Earp moved to' uphold the Planning and Zoning recommendation to deny an
update to the Future Land Use Map Component of the Comprehensive Plan of the City of La Porte,
Texas, to change future land use classification for 1.0-acre portion of a 2.14-acre tract of land
described as Tracts 262 and 262A, La Porte Outlots from Large Lot Residential to Commercial
(applicants Jose Marroquin & Martina Guadalupe Marroquin, on behalf of property owner Dennis
Noseworthy). Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Moser, Engelken,
Martin, Zemanek, Kaminski and Earp
Nays: Councilmember Leonard
Absent: None
(c) Public Hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to deny Rezone Request #15-92000001 for Jose Marroquin & Martina
Guadalupe Marroquin, on behalf of property owner Dennis Noseworthy, for rezone of a 1.0-
acre portion of a 2.14-acre tract of land described as Tracts 262 and 262A, La Porte Outlots
from Split Large Lot Residential (LL) and General Commercial to exclusively General
Commercial (GC)— E. Ensey
The public hearing opened at 6:41 p.m.
City Planner Eric Ensey presented a summary advising that the Planning and Zoning Commission
recommended denial of the rezone request.
Councilmember Zemanek commented that earlier in the presentation it was said that it is City
Staff's recommendation for the request to go forward. He asked who on staff recommended it. Mr.
Ensey responded he wrote the agenda request.
Page 3 of 6
March 23, 2015, Council Meeting Minutes
Dan Noseworthy addressed Council and advised the driveway to the back property is only 8 feet
wide.
The public hearing closed at 6:44 p.m.
(d) 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 Large Lot Residential (LL) and General Commercial to exclusively General Commercial
(GC), for an approximately 1.0-acre portion of a 2.14-acre tract of land described as Tract
262 and 262A, La Porte Outlots from Large Lot Residential to Commercial (applicants Jose
Marroquin & Martina Guadalupe Marroquin, on behalf of property owner Dennis
Noseworthy)— E. Ensey
Councilmember Earp moved uphold the recommendation of the Planning and Zoning Commission
to deny amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte by
changing the zoning classification from Split Large Lot Residential (LL) and General Commercial to
exclusively General Commercial .(GC), for an approximately 1.0-acre portion of a 2.14-acre tract of
land described as Tract 262 and;262A, La Porte Outlots from Large Lot Residential to Commercial
(applicants Jose Marroquin & Martina Guadalupe Marroquin, on behalf of property owner Dennis
Noseworthy). Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Moser, Engelken,
Martin, Zemanek, Kaminski and Earp
Nays: Councilmember Leonard
Absent: None
(e) Public Hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approvel an update to the Future land Use Map component of the
Comprehensive Plan of the City of La Porte to change future land use classification for
6.43-acre tract of land described as Tracts 351 and 352, La Porte Outlots from Large Lot
Residential to Light Industrial (applicant QualaWash Holdings LLC., on behalf of property
owner Louisiana Chemical Co., LLC.)— E. Ensey
This item was withdrawn at the request of the applicant and was not discussed.
(f) Consider approval or other action regarding an Ordinance adopting an update to the Future
Land Use Map Component of the Comprehensive Plan of the City of La Porte, Texas, to
change Future Land Use classification for 6.43-acre tract of land described as Tracts 351
and 352, La Porte Outlots from Large Lot Residential (LL) to Light Industrial (LI) —E. Ensey
This item was withdrawn at the request of the applicant and was not discussed.
(g) Public Hearing to receive'comments regarding recommendation by the Planning and Zoning
Commission to approve Rezone Request #15-92000002 for QualaWash Holdings LLC., on
behalf of property owner Louisiana Chemical Co., LLC., for rezone a 6.43-acre tract of land
described as Tract 351 and 352, La Porte Outlots from Large Lot Residential (LL) to Light
Industrial (LI)— E. Ensey
This item was withdrawn at the request of the applicant and was not discussed.
(h) Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of
the Code or Ordinances of the City of La Porte, by changing the zoning classification from
Large Lot Residential (LL) to Light Industrial (LI) for a 6.43-acre tract of land described as
Tract 351 and 352, La Porte Outlots (applicant, QualaWash Holdings LLC., on behalf of the
property owner Louisiana Chemical Co., LLC.)—E. Ensey
This item was withdrawn at the request of the applicant and was not discussed.
Page 4 of 6
March 23, 2015, Council Meeting Minutes
7. AUTHORIZATIONS
(a) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement
with Harris County for Game Room Regulation Permitting and Enforcement—K. Adcox
Police Chief Ken Adcox presented a summary.
Councilmember Moser moved to authorize the Mayor to execute an Interlocal Agreement with
Harris County for Game Room Regulation Permitting and Enforcement. _,Councilmember Kaminski
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Moser, Leonard,
Engelken, Martin, Zemanek, Kaminski and Earp
Nays: None
Absent: None
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding individuals operating their business at City facilities — R.
Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Councilmember Clausen questioned if liabilities issues have been considered in allowing individuals
to operate their business at City facilities. Ms. Epting responded if a business is contracting with the
City, they are required to have Iiability insurance and any required certifications. Councilmember
Clausen asked if the City is liable if there is not a contract. Assistant City Attorney Clark Askins
advised if a business was using a facility with the City's knowledge, the City can be liable if at fault.
Councilmember Leonard commented he does not feel the City is here to provide facilities for
individuals to conduct their business; and he would like to see businesses sign an agreement, rent
the property, and provide all the necessary insurance and certifications.
Mayor Rigby asked Ms. Epting if she stated during her presentation there is an ordinance in place,
but it is not being enforced. Ms. Epting responded the ordinance is not being aggressively or
actively enforced.
Councilmember Earp asked if there have been any complaints. Ms. Epting responded not to her in
the last six months. Councilmember Earp then commented that in his opinion "status quo" is the
way to go on this one.
Councilmember Zemanek questioned if there are any known individuals using a City facility for their
personal benefit that interrupts ;free play for others. Ms. Epting responded she does know of
lessons being taught at the Lomax Rodeo Arena during a time frame preventing others from use.
Ms. Epting recommended different rules and policies for the Arena.
Councilmember Earp suggested the City deal with the facilities that have issues.
Mayor Rigby asked, taking the Arena out of the equation, how will it effect Ms. Quinn's request for
certain programs to be conducted at City facilities? Ms. Epting responded Ms. Quinn is currently
working on a contract for her classes, and everything is going well for her.
Page 5 of 6
March 23, 2015, Council Meeting Minutes
Councilmember Zemanek moved to direct staff to draft rules for the Arena, specifically.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Moser, Leonard,
Engelken, Martin, Zemanek, Kaminski and Earp
Nays: None
Absent: None
9. REPORTS
(a) Receive report of Fiscal Affairs Committee Meeting—Councilmember Engelken
Councilmember Engelken reported the Fiscal Affairs Committee received the 2014 Comprehensive
Annual Financial (CAFR) Report and the RFP process will begin for a new auditing firm.
(b) Receive 2014 Comprehensive Annual Financial (CAFR) Report—M. Dolby
Finance Director Michael Dolby presented a summary of the 2014 Comprehensive Annual Financial
(CAFR) Report.
10. ADMINISTRATIVE REPORTS
City Manager Corby Alexander reported he received a letter of resignation effective April 3, 2015,
from Emergency Management Coordinator Jeff Suggs. Mr. Alexander advised Council a reception
will be held for Mr. Suggs in honor of his service to the City.
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.
Councilmember Earp invited everyone to attend the Bar-B-Q Cook-Off at the Lomax arena this
coming weekend; Councilmember Clausen congratulated Councilmembers Engelken and Leonard
and Mayor Rigby on being unopposed and declared elected; Councilmember Kaminski thanked
Assistant City Manager Traci Leach for the Jake Worthington article that was received and
appreciated by the community; and Mayor Rigby reported he and City Manager Corby Alexander
attended the State of the Precinct Address and were informed that construction on Sens Road will
begin after March 2015.
12. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Martin,
Clausen, Kaminski, Engelken, Zemanek and Earp
Nays: None
Absent: None
The meeting was adjourned at 7:27 p.m.
Patrice Fogarty, Citya retary
Passed ve on April 13, 2015.
Mafvor lJoulls R. ig y
Page 6 of 6
March 23, 2015, Council Meeting Minutes
I