HomeMy WebLinkAbout2016-01-11 Regular Meeting of La Porte City Council MinutesLOUIS RIGMv
Mayor
JOHN ZEMANEK
C ilmember At
Large A
OZ=E KAMINSKI
Councilmember At Large B
DANNY EARP
Councilmem ber District �
CHUCK ENGL
Councilmem b-er Disti.t
rict 2
40W
OARYL LEONARD
Councilmem ber District 3
KRISTN MARTIN
Councilme e district 4
J^AY MARTN
Mayor Pro -Tem
Councilmem ber District 5
MIKE CLAUS EN
Councilmember District e
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JANUARY 11, 2016
The City Council of the City of La Porte met in a regular meeting on Monday January 11, 2016, 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:
Mayor Rigby called the meeting to order at 6:00 p.m_ Members of Council present: Councilmembers
Engelken, Earp, Zemanek, Kaminski, K. Martin, J. Martin, and Clausen. Absent: Councilmember
Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and
Assistant City Attorney Clark Askins.
2. INVOCATION — The invocation was given by mon Hill, La Porte Interchurch Council_
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Mayor Rigby.
4. PUBLIC COMMENTS (Limited to five minutes per person_)
Bill Scott, 1722 Lomax School Rd_, addressed Council with concerns regarding notices to abate he
received from Code Enforcement.
5_ CONSENT AGENDA (A// 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 un/ess a Counci/member requests an item be
rBmo—cy and considered separate/y.)
(a) Consider approval or other action regarding the minutes of the Regular City Council Meeting
held on December 14, 2015 and Special Called Meeting held on [December 21, 2015 — P.
Fogarty
(b) Consider approval or other action regarding an Ordinance ordering the May 7, 2016, General
Election of the City of La Porte — P. Fogarty
(c) Consider approval or other action regarding an Interlocal Agreement between the City of La
Porte; La Porte Independent School iJistrict and La Porte Fire Control, Prevention and
Emergency Medical Services [District for Joint Elections — P. Fogarty
(d) Consider approval or other action ratifying the appointment of Lawrence Stockham to the
Planning and Zoning Commission — P. Fogarty
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January 11, 2016. Council Meeting Minutes
. (e) Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015-2016 —
D. Pennell
(f) Consider approval or other action regarding a Resolution of the City of La Porte, Texas seeking
designation as a Management Agency for Wastewater Collection and Treatment — D. Pennell
(g) Consider approval or other action regarding a Resolution adopting a revised Official Zoning Map
for the City of La Porte — E. Ensey
(h) Consider approval or other action awarding Bid No. 16007 for Demolition of Property located at
330 Bayside Dr. — R. Davidson
(i) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Air Liquide Large Industries U.S., LP
located at 11426 Fairmont Parkway in the Bayport industrial District — T. Tietjens
(j) Consider approval or other action authorizing the Planning and Development Director to
execute a Pipeline Permit to Down Hydrocarbons and Resources, LLC for the final phase of
construction of a 12" Ethan pipeline within in the City of La Porte — T. Tietjens
(k) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a
portion of the West Madison Street Right -of -Way - T. Tietjens
City Manager Corby Alexander requested Item F be removed from consideration.
Regarding Item J, Councilmember Zemanek asked the timeline for construction of the project. Planning
and Development Director Tim Tietjens responded the permit issued is for 6 months.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3616: AN
ORDINANCE ORDERING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, PROVIDING
FOR A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING
PLACES; PROVIDING FOR A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT
AND THE LA PORTE FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL DISTRICT; PROVIDING
FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD
AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR
RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2015-3617: AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON STREET
RIGHT-OF-WAY; RETAINING EASEMENTS FOR EXISTING UTILITIES; AUTHORIZING THE EXECUTION AND
DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Unanimously
Councilmember Engelken moved to approve the Consent Agenda items pursuant to staff
recommendations. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY 810.
Councilmember Leonard was absent.
PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearings to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve an amendment to the Future Land Use Map component of the
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January 11, 2016, Council Meeting Minutes
• La Porte Comprehensive Plan for a 20 -acre tract of land located on State Highway 146, a
quarter of a mile north of Wharton Weems Blvd., to change use designation from "Low Density
Residential;" to 1) "Commercial," 2) "Mixed Use," and 3) "Mid to High -Density Residential;"
consider approval or other action regarding an Ordinance amending the Future Land Use Map
component of the La Porte Comprehensive Plan for a 20 -acre tract of land located on State
Highway 146, a quarter of a mile north of Wharton Weems Blvd., to change use designation
from "Low Density Residential;" to 1) "Commercial," 2) "Mixed Use," and 3) "Mid to High -Density
Residential;" — E. Ensey
The public hearing opened at 6:15 p.m.
City Planner Eric Ensey presented a summary and recommendation.
David Janda, 3601 E. Desert Run, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Billy Hardcastle, 1504 Cedar Cove, addressed Council and spoke in favor of the proposed La
Porte Town Center.
Paula Wohnoutke, 9919 Rocky Hollow Rd., addressed Council and spoke in favor of the
proposed La Porte Town Center.
Maggie Anderson, 909 Garden Walk, addressed Council and spoke in favor of the proposed La
Porte Town Center.
Joan Geigel, 906 Garden Walk, addressed Council and spoke in opposition of the proposed
La Porte Town Center.
Douglas Anderson, 821 S. Virginia St., addressed Council and spoke in favor of the proposed
La Porte Town Center.
Janie Quarles, 911 Garden Walk, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Aubry Sartori, 215 S. Broadway, addressed Council and spoke in favor of the proposed
La Porte Town Center.
George Sanders, 1311 Nantucket Dr., Houston addressed Council in favor of the proposed La
Porte Town Center project.
David Klingman, 3810 Pecan Circle, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Rene Garrett, 1001 Garden Walk, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Norma Elliott, 11621 North D Street, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Maggie Allen, 2306 Eagle Ln., addressed Council and spoke in favor of the proposed
La Porte Town Center.
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January 11, 2016, Council Meeting Minutes
Kathy Gilley, 4919 Rainwater Dr., Pasadena addressed Council and spoke in favor of the
proposed La Porte Town Center.
Chuck Rosa, 812 S. Virginia St., addressed Council and spoke in favor of the proposed
La Porte Town Center if there are not any grants to be awarded.
Vincent Worley, addressed Council and spoke in favor of the proposed La Porte Town Center
and advised of Doug Sanders' irreplaceable collections.
The public hearing closed at 7:12 p.m
Councilmember Engelken moved to approve an Ordinance amending the Future Land Use Map
component of the La Porte Comprehensive Plan for a 20 -acre tract of land located on State Highway
146, a quarter of a mile north of Wharton Weems Blvd., to change use designation from "Low Density
Residential;" to 1) "Commercial," 2) "Mixed Use," and 3) "Mid to High -Density Residential."
Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY 8/0. Councilmember
Leonard was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3618: AN
ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
(b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning
Commission to approve Special Conditional Use Permit # 15-91000007, to allow construction of
an entertainment, commercial and residential mixed use development on a 20 -acre tract located
on the east side of State Highway 146, a quarter of a mile north of Wharton Weems Blvd., in a
PUD zone; consider approval or other action regarding an Ordinance approving Special
Conditional Use Permit Request # 15-91000007, to allow construction of an entertainment,
commercial and residential mixed use development on a 20 -acre tract located on the east side
of State Highway 146, a quarter of a mile north of Wharton Weems Blvd., in a PUD zone — E.
Ensey
The public hearing opened at 7:13 p.m.
There being no additional public comments, the public hearing closed at 7:13 p.m.
Councilmember Earp moved to approve an Ordinance and Special Conditional Use Permit Request
#15-91000007, to allow construction of an entertainment, commercial and residential mixed use
development on a 20 -acre tract located on the east side of State Highway 146, a quarter of a mile north
of Wharton Weems Blvd., in a PUD zone. Councilmember Engelken seconded.
Councilmember Martin made an amendment to the main motion to limit the number of extensions of the
Special Conditional Use Permit after issuance to only one extension and for additional extension of time
granted after application to come back before City Council instead of the Planning and Zoning
Commission.
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January 11, 2016, Council Meeting Minutes
k
Assistant City Attorney advised the extension will have to go before the Planning and Zoning
Commission.
Councilmember Martin amended his amendment to allow the applicant one extension for one year and
an additional extension of time granted after application to come back before the Planning and Zoning
Commission.
City Engineer Eric Ensey spoke and advised there is not a limit to the length of time of the extension,
and it will have to be approved by the Planning and Zoning Commission.
When Mayor Rigby asked if there is a second to the amendatory motion, there was no second
forthcoming. Councilmember Martin's amendatory motion died for a lack of a second.
MAIN MOTION PASSED UNANIMOUSLY 810. Councilmember Leonard was absent.
Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3619: 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. 15-91000007 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED FOR THE
PURPOSE OF CONSTRUCTING AN ENTERTAINMENT, COMMERICAL AND MIXED USE DEVELOPMENT
CENTER ON STATE HIGHWAY 146 NORTH OF WHARTON WEENS BOULEVARD, IN A PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT; 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.
7. REPORTS
(a) Receive report of the La Porte Development Corporation Board — Councilmember Engelken.
Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting
held prior to the City Council Meeting.
(b) Receive report on the Carriage House Project — Councilmembers Zemanek, K. Martin and
Kaminski
Councilmember Zemanek reported the item has still not be brought to City Council even after funds have
been allocated. However, he has spoken to City Staff and the Heritage Society and some wishes may
have changed on both sides. A meeting has been scheduled, and this item will come to City Council in
the future.
8. ADMINISTRATIVE REPORTS
City Manager Corby Alexander reminded Council of the Martin Luther King Day Celebration on January
17, 2016, at 3:00 p.m. at the Jennie Riley Center hosted by the La Porte Civic Club. Mr. Alexander also
reported the focus of the celebration will be on the legacy of the late Councilmember Tommy Moser.
9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information.
Councilmember Engelken congratulated the La Porte Town Center; thanked everyone that spoke on
behalf of the project that shows unified support within the community and wished everyone a Happy
New Year; Councilmembers Earp and Clausen thanked the citizens for their input on the
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January 11, 2016, Council Meeting Minutes
tw La Porte Town Center Project; thanked everyone who came out and showed support for the project;
Councilmember J. Martin thanked Mr. Sanders for coming out and attending the meeting and
commented he wishes Mr. Sanders' museum will be the centerpiece of the development; he also
thanked the citizens for coming out and commented it is up to City Council and City Staff to assure the
project is a quality development; Councilmember K. Martin thanked the citizens for their input on the La
Porte Town Center Project and commented she cannot wait to take her boys to the center;
Councilmember Kaminski thanked the developers and Mr. Sanders and the citizens for their input;
Councilmember Zemanek welcomed the La Porte Town Center; thanked everyone for coming out and
commented it is a pleasure to serve the community; and Mayor Rigby commented he is looking forward
to the La Porte Town Center and thanked everyone for their input.
10. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 7:25 p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY 8/0.
Councilmember Leonard was absent.
Patrice Fogarty, City cretary
Passed and/a0pMVeo on January 25, 2015.
X
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January 11, 2016, Council Meeting Minutes