HomeMy WebLinkAbout2015-05-11 Regular Meeting of La Porte City Council minutes LOUIS RIGBY
Mayor . O DARYL LEONARD
JOHN ZEMANEK 9
Councilmember District 3
Councilmember At Large A
DOTTIE KAMINSKI !s �m TOMMY MOSER
Mayor Pro Tem Councilmember District 4
JAY MARTIN
Councilmember At Large B
DANNY EARP rexne 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
MAY 11, 2015
The City Council of the City of La Porte met in a regular meeting on Monday, May 11, 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 6:02 p.m. Members of Council present: Councilmembers
Kaminski, Martin, Moser, Earp, Leonard, and Zemanek. Absent: Councilmembers Engelken and
Clausen. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander.
2. INVOCATION—The invocation was given by Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE—The Pledge of Allegiance was led by Councilmember Tommy Moser.
4. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
(a) Proclamation— Motorcycle Safety &Awareness Month— Mayor Rigby
Mayor Rigby presented a proclamation for Motorcycle Safety &Awareness Month.
(b) Proclamation— Neuropathy Awareness Week— Mayor Rigby
Mayor Rigby presented a proclamation for Neuropathy Awareness Week.
(c) Proclamation— Emergency Medical Services Week— Mayor Rigby
Mayor Rigby presented a proclamation for Emergency Medical Services Week.
(d) Recognition — Employee of the (First) Quarter — Ashley Ellison (City of La Porte Public Works
Department)—Mayor Rigby
Mayor Rigby recognized Ashely Ellison as Employee of the (First) Quarter.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Kathleen Duncan, 10010 Dover Hill, addressed Council and thanked them for approving the
reconstruction of the La Porte Recreation and Fitness Center and asked for additional communications
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to the community regarding the closing of the center. Ms. Duncan questioned the use of the
contingency fund and the $25,000.00 deductible for the insurance.
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 special called city council
meeting held on April 18, 2015, and the minutes of the regular meeting held on
April 27, 2015— P. Fogarty
(b) Consider approval or other action regarding a Resolution denying the Application for Approval of
a Distribution Cost Recovery Factor (DCRF) proposed by CenterPoint Energy Houston Electric,
LLC. —C. Alexander
(c) Consider approval or other action regarding a Resolution authorizing the City of La Porte to join
with other municipalities as part of the Houston Coalition of Cities, in connection with
CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost
Recovery Factor(DCRF)—C. Alexander
(d) Consider approval or other action regarding a community cooperation project with Fairmont
Park HOA for installation of lighting at neighborhood entryways, for a total City contribution of
$5,000.00—T. Leach
(e) Consider approval or other action dedicating a 0.372-acre drainage easement to Harris County
Flood Control District out of City of La Porte owned property located at Outlots 327 and 334,
Town of La Porte—B. Eng
(f) Consider approval or other action to reduce industrial waste sanitary sewer surcharge fees for
Non-Significant Industrial Users, by authorizing the Public Works Department to change the
maintenance and operation (O&M) variable used in the Industrial Waste Surcharge formula to
$0.64 per 1000 gallons— D. Mick
(g) Consider approval or other action regarding .the appointment of Larry Hawkins to the
La Porte Police Department Reserve Force—K. Adcox
(h) Consider approval or other action regarding an Ordinance amending Chapter 10, "Amusements"
of the Code of Ordinances of the City of La Porte, enacting certain regulations related to the
operation of Game Rooms— K. Adcox
Councilmember Moser asked that Consent Item 6(f) be considered under a separate vote.
Councilmember Moser moved to approve the Consent Agenda Items 6 (a-e), (g) and (h) pursuant to
staff recommendations. Councilmember Earp seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Martin, Zemanek,
Kaminski and Earp
Nays: None
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Absent: Councilmembers Clausen and Engelken
Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinance from Consent Agenda
Item 6(h):
Ordinance 2015-3576: AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ENACTING CERTAIN REGULATIONS RELATED TO THE
OPERATION OF GAME ROOMS, IN COORDINATION WITH HARRIS COUNTY; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW' 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 FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Councilmember Zemanek moved to approve Consent Agenda Item 6(f) pursuant to staff
recommendations. Councilmember Earp seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Martin, Zemanek, Kaminski and Earp
Nays: Mayor Rigby and Councilmember Moser
Absent: Councilmembers Clausen and Engelken
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding a request to rezone a .809-acre tract of land from
GC, General Commercial, to R-1, Low Density Residential, to allow for construction of a single
family residence; and consider an ordinance amending Chapter 106, "Zoning," of the Code of
Ordinances. The subject site is located on Farrington Blvd., north of Fairmont Parkway. The
Planning and Zoning Commission forwarded a recommendation to approve Rezone Request
#14-92000001. Applicant is Jose Angel Sandoval, Jr. — E. Ensey
The public hearing opened at 6:23 p.m.
City Planner Eric Ensey presented a summary and advised that the Planning and Zoning Commission
recommended approval of the request.
There being no public comments, the public hearing closed at 6:25 p.m.
Councilmember Leonard moved to approve an Ordinance amending Chapter 106, "Zoning" of the Code
of Ordinances by rezoning a .809-acre tract of land from GC, General Commercial, to R-1, Low Density
Residential, to allow for construction of a single family residence. Councilmember Zemanek seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Moser,
Leonard, Earp and Martin
Nays: None
Absent: Councilmembers Clausen and Engelken
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3577: AN
ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (GC) TO LOW
DENSITY RESIDENTAIL (R-1) FOR A .809 ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN
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FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b) Public hearing to receive comments regarding a request to approve a Special Conditional Use
Permit (SCUP) at 227 South Y Street, for the purpose of constructing a secondary dwelling unit;
and consider an ordinance amending Chapter 106, "Zoning," of the Code of Ordinances. The
Planning and Zoning Commission forwarded a recommendation to approve proposed SCUP
#15-91000001. Applicant is Rhonda Carraway— E. Ensey
The public hearing opened at 6:26 p.m.
Councilmember Moser stated he is not participating in this item as his company may perform wiring on
the dwelling, and he may have a conflict of interest.
City Planner Eric Ensey presented a summary and advised the Planning and Zoning Commission
recommended approval of the request.
Councilmember Martin asked if this is a rental property. Mr. Ensey advised the applicant plans to use
the property as a mother-in-law suite for Mrs. Carraway's mother and will have to comply with all City
codes.
Councilmember Earp questioned if the lot coverage meets all codes. Mr. Ensey responded yes.
There being no public comments, the public hearing closed at 6:29 p.m.
Councilmember Zemanek moved to approve an Ordinance amending Chapter 106 Zoning of the Code
of Ordinances of the City of La Porte by granting a special conditional use permit for the purpose of
constructing a secondary dwelling unit. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: Councilmembers Clausen and Engelken
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3578: 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. 15-91000001 FOR THAT CERTAIN PARCEL OF LAND HEREIN
DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A SECONDARY DWELLING UNIT AT 227 SOUTH Y
STREET; 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.
(c) Public hearing to receive comments regarding a request to approve a Special Conditional Use Permit
(SCUP) at the southeast corner of South 16th Street and West M Street intersection, for the purpose of
constructing a warehouse facility on a 7.1-acre portion of a 12.6-acre tract of land; and consider an
ordinance amending Chapter 106, "Zoning," of the Code of Ordinances. The Planning and Zoning
Commission forwarded a recommendation to approve proposed SCUP #15-91000002. Applicant is
General Commercial Properties—E. Ensey
The public hearing was not opened as the applicant had previously requested in writing that the item be
postponed to the June 8, 2015, council meeting.
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Councilmember Moser moved to postpone the public hearing and consideration of this item to the June
8 meeting. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek,
Kaminski, Moser, Leonard, Earp and Martin
Nays: None
Absent: Councilmembers Clausen and Engelken
8. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS
(a) Consider approval or other action regarding issuance of a permit for Boone Exploration, Inc., to
conduct Geophysical Mineral Exploration and Testing Permit—T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Zemanek asked how Boone Exploration, Inc., will notify the property owners. Mr.
Tietjens responded door hangers on every dwelling unit. Councilmember Zemanek questioned how the
City will monitor the 300-foot rule. Mr. Tietjens responded Boone Exploration, Inc., has equipment that
mandates the locations, and the City require proof of the locations.
Councilmember Earp questioned how Boone Exploration, Inc., will be granted permission to access the
City-owned property in Lomax. Mr. Tietjens responded the company will provide a notice to the City as
a property owner. Councilmember Earp asked if the permit has to come forward to Council for approval.
Assistant City Attorney Askins advised it is discretionary whether Council approves the permit tonight.
It is up to Council.
Councilmember Earp moved to deny this issuance of a permit for Boone Exploration, Inc., to conduct
Geophysical Mineral Exploration and Testing Permit. Councilmember Zemanek seconded. MOTION
PASSED.
Ayes: Councilmembers Leonard, Zemanek, Kaminski and Earp
Nays: Mayor Rigby, Councilmembers Moser and Martin
Absent: Councilmember Clausen and Engelken
(b) Consider approval or other action authorizing the City Manager to execute a Memorandum of
Agreement between the City of La Porte and the La Porte Boys Baseball Association for
installation of improvements at Pecan Park Baseball Complex—R. Epting
Parks and Recreation Director Rosalyn Epting presented a summary.
Councilmember Moser moved to authorize the City Manager to execute a Memorandum of Agreement
between the City of La Porte and the La Porte Boys Baseball Association for installation of
improvements at Pecan Park Baseball Complex. Councilmember Kaminski seconded. MOTION
PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Martin, Zemanek, Moser,
Kaminski and Earp
Nays: None
Absent: Councilmember Clausen and Engelken
9. DISCUSSION OR OTHER ACTION
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(a) Discussion or other action regarding amending Chapter 70 "Traffic and Vehicles" of the Code of
Ordinances in connection with comprehensive review and update to truck route regulations — C.
Alexander—
City Manager Corby Alexander introduced Phil Stillman, Chair of the Ad Hoc Trucking Committee; and
he presented recommendations for changes to Chapter 70 "Traffic and Vehicles" of the Code of
Ordinances.
Committee member Maggie Anderson spoke and advised the committee worked really hard updating
the truck route regulations and asked Council to think about the truck route because the traffic will be
increasing.
Mayor Rigby commented the item is being presented to Council to approve what's been submitted,
amend what's been submitted, or to send it back to the committee.
Councilmember Zemanek requested comments and a point of view from Assistant Fire Chief Donald
Ladd. Mr. Ladd commented he agrees with most of what the committee suggested; but one section he
is against is opening the section on Bay Area Blvd. between Fairmont Parkway and Spencer Hwy. Mr.
Ladd commented Spencer Hwy is the main corridor for the La Porte Fire Department with one of the
fire stations being located on Spencer Hwy. In addition, Mr. Ladd commented traffic will increase at
Spencer Hwy and Highway 146, and he would like it taken off from consideration.
Councilmember Earp asked Mr. Stillman what the rationale is on the Spencer Highway corridor. Mr.
Stillman responded the rationale is to get hazardous materials from 16th Street east to Hwy. 146 and
those down 16th Street to Wharton Weems Blvd.; and the committee believes some of the traffic south
of Fairmont to Bay Area Blvd. up to Spencer Hwy would help alleviate traffic congestion.
Councilmember Earp questioned the daily truck and vehicle volume. Mr. Stillman responded from the
Fred Hartman Bridge to Hwy 225 there are 33,000 commercial vehicles coming into La Porte.
Councilmember Earp commented the comprehensive plan has a vision for the City and addresses the
truck issues and anticipated truck loads.
Councilmember Zemanek commented the City needs to keep the one main east/west artery free of
trucks and questioned why Spencer Hwy west of 16th Street was ever on the truck route without an
origin or destination. Councilmember Zemanek also commented he understands the concerns of
emergency services, and the City needs to work with Harris County to improve Fairmont Parkway into
three lanes each direction. In addition, Councilmember Zemanek commended the committee on their
efforts.
Councilmember Martin asked if there were any thoughts to allowing all trucks on the proposed
hazardous truck route. Mr. Stillman responded yes, the thought was to take the Haz Mat away with the
synchronization of lights and signals in the area and allow all trucks along the route. Councilmember
Martin agreed with Councilmember Zemanek to work with Harris County on expanding Fairmont
Parkway.
City Manager Corby Alexander advised the City has spoken with Harris County regarding the need to
eliminate traffic congestion along Fairmont Parkway, and they agreed there is a problem. Mr. Alexander
advised synchronizing lights is the first step to solving the traffic congestion.
Mayor Rigby commented he would like to thank the committee regardless of the outcome tonight and
advised the City is still working on the heavy haul corridor concerns.
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Councilmember Moser questioned why didn't the committee consider taking all trucks along 16th Street
south? Mr. Stillman responded it was based on the data the committee had and leveling the load of
trucks and accidents on a daily basis.
Councilmember Martin asked Mr. Stillman if the committee recommend the City review the ordinance
every two years. Mr. Stillman responded yes.
Councilmember Zemanek moved to adopt all changes from the trucking committee with the exception
of the addition of Bay Area Blvd. on the truck route, which is that portion between Fairmont and
Spencer, including the two additional items that were discussed. Councilmember Leonard seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Moser,
Kaminski and Earp
Nays: Councilmember Martin
Absent: Councilmember Clausen and Engelken
Councilmember Zemanek asked to bring back in June a proposal to remove from the truck route map
that portion of Spencer Hwy. west of 16th Street to Underwood Blvd. Councilmember Zemanek stated
there is not an origin nor a destination between these two. Staff will place it on the June meeting
agenda.
10. ADMINISTRATIVE REPORTS
City Manage Corby Alexander reminded Council of the Plant Manager's Breakfast in the morning and
advised staff will follow-up with Ms. Duncan regarding her concerns of communication regarding the
closing of the La Porte Recreation and Fitness Center.
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 Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp,
Clausen and Mayor Rigby.
Councilmembers Moser and Kaminski thanked the trucking committee; Councilmember Zemanek
recognized all mothers with a Happy Belated Mother's Day, thanked the trucking committee and
congratulated Mayor Rigby and Councilmembers Leonard and Engelken for being re-elected into office,
and David Janda and Lee Wallace for being re-elected into office on the La Porte Independent School
District Board; Councilmember Leonard congratulated everyone receiving proclamations and
recognitions and sent Happy Belated Mother's Day wishes; Councilmember Earp thanked the trucking
committee for the fine job; Councilmember Martin thanked the trucking committee and commented his
vote was not against their work and congratulated the Emergency Medical Services Department for
receiving a proclamation and Ashley Ellison for being recognized as Employee of the First Quarter;
Mayor Rigby thanked the trucking committee; thanked Chief Ray Nolen and the Emergency Medical
Services Department for being a fine team and commented-he attended the Fire Department Awards
Banquet at the Monument Inn this past Saturday and thanked the department for their hard work, as
well.
12. ADJOURN
There being no further business, the meeting adjourned at 7:41 p.m.
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Patrice Fog y, Ci S creta
Passed d ro on June 8, 2015.
M yor oui 'R. Ri by
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