HomeMy WebLinkAbout2016-05-23 Regular Meeting of the La Porte City Council MinutesLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember At Large A
DOTTIE KAMINSKI
Councilmember At Large B
DANNY EARP
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MAY 23, 2016
DARYLLEONARD
Councilmember District 3
KRISTIN MARTIN
Councilmember District 4
JAY MARTIN
Mayor Pro -Tem
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
The City Council of the City of La Porte met in a regular meeting on Monday, May 23, 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, Clausen, K. Martin, Leonard, Kaminski and J. 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 Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Chuck
Engelken.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Proclamation — National Bike Month in the City of La Porte — Mayor Rigby
Mayor Rigby presented a proclamation to Planning and Development Director Tim Tietjens in honor
of National Bike Month in the City of La Porte.
(b) Recognition — Employee of the First Quarter 2016 — Christopher Sandoval — City of La Porte
Police Department — Mayor Rigby
Mayor Rigby recognized Officer Christopher Sandoval as Employee of the First Quarter 2016.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia, addressed Council regarding the attendance records of Board
members of the Planning and Zoning Commission and La Porte Development Corporation Board.
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 minutes of the meeting held on
May 9, 2016 — P. Fogarty
(b) Consider approval or other action awarding Bid No. 16014 for La Porte FY 2016 Street
Overlay — S. Valiante
(c) Consider approval or other action awarding Bid No. 16012 for D Street and 4th Street Paving
and Drainage Improvements — S. Valiante
Page 1 of 5
May 23, 2016, Council Meeting Minutes
(d) Consider approval or other action regarding a three (3) year lease agreement with Dell
Financial Services for computer equipment — R. Valdez
(e) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing the entire east/west and north/south alleys in Block 1112, Town of La Porte, and a
portion of the east/west alley in Block 1113, Town of la Porte; and abandoning in place an
existing 8" sanitary sewer main located in the north/south alley of Block 1112, Town of
La Porte — T. Tietjens
(f) Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing a portion of the East A Street right-of-way — B. Sterling
(g) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC., for its
facility located at 4111 Malone Dr., in the Bayport Industrial District — S. Sterling
(h) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC., for its
facility located at 4033 Malone Dr., in the Bayport Industrial District — S. Sterling
(i) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC., for its
facility located at 10322 New Decade Dr., in the Bayport Industrial District — S. Sterling
(j) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Carson Bayport 3, LLC., for its
facility located at 10344 New Decade Dr., in the Bayport Industrial District — S. Sterling
City Manager Corby Alexander requested Item D be removed from the agenda.
Councilmember Engelken moved to approve the Consent Agenda items pursuant to staff
recommendations. Councilmember Earp seconded. MOTION PASSED UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3629: AN
ORDINANCE VACATING, ABANDONING AND CLOSING THE ENTIRE EASTM/EST AND NORTH/SOUTH ALLEYS IN
BLOCK 1112, TOWN OF LA PORTE, AND A PORTION OF THE EAST/WEST ALLEY IN BLOCK 1113, TOWN OF LA
PORTE, ABANDONING IN PLACE AN EXISTING 8" SANITARY SEWER MAIN LOCATED IN THE NORTH/SOUTH
ALLEY OF BLOACK 1112, TOWN OF LA PORTE; AND 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.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3630: AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE EAST "A" STREET RIGHT-OF-WAY
AND 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.
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to amend Chapter 106, "Zoning" of the Code of Ordinances of the City
of La Porte, Texas by amending provisions related to zoning permits; amendments
procedures; special exceptions; notification of confirming status; official zoning map;
commercial and industrial uses; location of heavy truck uses; interpretation of zoning district
boundaries; yard requirements; parking design standards; development of towers; and
building exterior design standards; and consider approval or other action regarding an
Ordinance amending Chapter 106, `Zoning" of the Code of Ordinances of the City of La
Porte, Texas by amending provisions related to zoning permits; amendments procedures;
special exceptions; notification of confirming status; official zoning map; commercial and
industrial uses; location of heavy truck uses; interpretation of zoning district boundaries;
Page 2 of 5
May 23, 2016, Council Meeting Minutes
yard requirements parking design standards; development of towers; and building exterior
design standards — E. Ensey
The public hearing opened at 6:18 p.m.
City Planner Eric Ensey presented a summary and recommendation by the Planning and Zoning
Commission.
Councilmember Zemanek questioned who is the City Enforcement Officer per Section 106-145.
Planning and Development Director Tim Tietjens responded, the Deputy Building Official.
Councilmember Earp asked if there were changes to the livestock provisions. City Planner Eric
Ensey responded no.
There being no public comments the public hearing closed at 6:21 p.m.
Councilmember Earp moved to approve an Ordinance amending Chapter 106, "Zoning" of the
Code of Ordinances of the City of La Porte, Texas by amending provisions related to zoning
permits; amendments procedures; special exceptions; notification of confirming status; official
zoning map; commercial and industrial uses; location of heavy truck uses; interpretation of zoning
district boundaries; yard requirements parking design standards; development of towers; and
building exterior design standards. Councilmember Kaminski seconded. MOTION PASSED
UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3631 AN
ORDINANCE AMENDING CHAPTER 106, "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
TEXAS BY AMENDING PROVISIONS RELATED TO ZONING PERMITS; AMENDMENTS PROCEDURES; SPECIAL
EXCEPTIONS; NOTIFICATION OF CONFIRMING STATUS; OFFICIAL ZONING MAP; COMMERCIAL AND
INDUSTRIAL USES; LOCATION OF HEAVY TRUCK USES; INTERPRETATION OF ZONING DISTRICT BOUNDARIES;
YARD REQUIREMENTS PARKING DESIGN STANDARDS; DEVELOPMENT OF TOWERS; AND BUILDING
EXTERIOR DESIGN STANDARDS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINDED 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 AND POSSIBLE ACTION
(a) Discussion and possible action regarding an Ordinance appointing a member of the City
Council to serve as Mayor Pro -Tem of the City of La Porte, Texas, for the period of
June 1, 2016 through May 31, 2017 — P. Fogarty
Councilmember Martin moved to approve an Ordinance appointing Councilmember Danny Earp to
serve as Mayor Pro -Tem of the City of La Porte, Texas, for the period of June 1, 2016, through
May 31, 2017. Councilmember Engelken seconded. MOTION PASSED UNANIMOUSLY 9/0.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2016-3632: AN
ORDINANCE PROVIDING FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR
PRO -TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 1, 2016, THROUGH MAY 31, 2017, OR
UNTIL A SUCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
(b) Discussion and possible action regarding proposed concept design for the Wharton Weems
Blvd., entryway monument — T. Leach
Assistant City Manager Traci Leach presented a summary.
Councilmember Martin moved to approve concept design No. 3 for the Wharton Weems Blvd.
entryway monument. Councilmember Clausen seconded. MOTION PASSED UNANIMOUSLY 9/0.
Page 3 of 5
May 23, 2016, Council Meeting Minutes
9. REPORTS
(a) Receive report of the La Porte Development Corporation Board — Councilmember Engelken
Councilmember Engelken provided a report of the meeting of the La Porte Development
Corporation Board held immediately prior to the City Council meeting.
10. ADMINISTRATIVE REPORTS - There were no additional reports.
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.
Councilmembers Engelken, Clausen, K. Martin, Zemanek and Leonard congratulated
Councilmember Earp for being appointed as Mayor Pro -Tem and Officer Sandoval as the
Employee of the First Quarter 2016; Councilmember Earp congratulated Officer Sandoval as the
Employee of the First Quarter 2016 and thanked Public Works Director Sharon Valiante for the tour
of the Waste Water Treatment Plant; Councilmember J. Martin congratulated Councilmember Earp
for being appointed as Mayor Pro -Tem; Officer Sandoval as the Employee of the First Quarter 2016
and commented he appreciates Mr. Rosa's comments; Councilmember Kaminski congratulated
Officer Sandoval as the Employee of the First Quarter 2016; commented she will be looking for
everyone riding bikes to work on Friday and how much she enjoyed the Public Works event and
congratulated Councilmember Earp for being appointed as Mayor Pro -Tem; and Mayor Rigby
congratulated Officer Sandoval as the Employee of the First Quarter 2016, commented he
appreciates all City employees; thanked Public Works Director Sharon Valiante for a great job
during the Public Works Week; congratulated Councilmember Earp for being appointed as Mayor
Pro -Tem and thanked Councilmember J. Martin for his service as Mayor Pro -Tem for the past year.
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 551.071 (2) — Consultations with Attorney: Meet with City
Attorney to discuss legal issues presented by use of Harris County issued overweight/oversize
permits by commercial motor vehicles operating in La Porte corporate limits.
City Council recessed the regular Council meeting to convene an executive session at 6:39 p.m.
regarding the item listed above.
13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
City Council reconvened into the regular Council meeting at 8:01 p.m.
Regarding the legal issues presented by use of Harris County issued overweight/oversize permits
by commercial motor vehicles operating in La Porte corporate limits, Councilmember Earp moved to
direct the City Attorney to continue the prosecution of the tickets as written. Councilmember Leonard
seconded. MOTION PASSED 8/1.
Ayes: Councilmembers K. Martin, J. Martin, Clausen, Kaminski,
Zemanek, Leonard, Earp and Engelken
Nays: Mayor Rigby
Absent: None
Page 4 of 5
May 23, 2016, Council Meeting Minutes
14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 8:02 p.m. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY
9/0.
Passed ar)d 0pE5Tpveckon June 13, 2016.
Mayor Vouis R.
Page 5 of 5
May 23, 2016, Council Meeting Minutes