HomeMy WebLinkAbout2018-07-23 Regular Meeting of the La Porte City CouncilLOUIS RIGBY
Mayor
JOHNZEMANEK.
Councilmerriber At Large A
DOTTIE KAMINSKI
Coundmerriber 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
JULY 23, 2018
BILL BENTLEY
Councilmember District 3
KRISTIN MARTIN
Councilmember District 4
JAY MARTIN
Councilmember District 5
NANCY OJEDA
Councilmember District 6
Mayor Pro -Tem
The City Council of the City of La Porte met in a regular meeting on Monday, July 23, 2018, 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:
CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council
present: Councilmembers Ojeda, Zemanek, J. Martin, Bentley, Kaminski, Engelken, and Earp. Also
present were City Secretary Patrice Fogarty, Assistant City Manager Jason Weeks and Assistant
City Attorney Clark Askins. Councilmember Kristin Martin was absent.
INVOCATION — The invocation was given by Viktoria Gotting, St. John's Episcopal Church.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember John
Zemanek.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
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 Regular City Council Meeting held on
July 9, 2018
(b) Consider approval or other action filing the vacancy in the alternate position on the Drainage
and Flooding Committee by appointing Councilmember John Zemanek — P. Fogarty
(c) Consider approval or other action regarding recommendation date of September 10, 2018,
for the Public Hearing on the City's Fiscal Year 2018-2019 Proposed Budget — S. WoIny
(d) Consider approval or other action regarding an Ordinance authorizing an agreement
between the City of La Porte and Whitley Penn, for auditing services for a three-year period,
September 30, 2018 to September 30, 2020 — M. Dolby
(e) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with, Emerson Automation Solutions
for its facility located at 4607 New West Drive, in the Bayport Industrial District — D. Pennell
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July 23, 2018 Council Meeting Minutes
(f) Consider approval 0rother action regarding the issuance of two pipeline permits to Cowboy
Pipeline Service Co.. on behalf ofKu[arayAmerica ('KA') for the construction of two 8-5/8~
stainless steel pipelines within the City of La Porte — D. Pennell
C0Unoilmmember ZenlaneK had e question regarding the date of the contract on item G(f). Public
Works Director Don Pennell answered the question and clarified there was otypo nn the date.
CouncNnmennber EnQe|ken made e motion to approve GN Consent Agenda it8[D8 pursuant to staff
recommendations. Counci|rnennbmr Earp seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Counc||mmmnnberK. Martin was absent.
Prior to council action, Assistant City Attorney C|orkAmkinm read the caption ofOrdinance 2O18-3?1S:/\N
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE
AND VVNTLEY PENN' CERTIFIED PUBLIC ACCD0NTANT8, TO AUDIT THE CITY'S GENERAL-
PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEARS ENDING SEPTEMBER 30. 2018.
SEPTEMBER 30, 2019. AND SEPTEMBER 30. 2020; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING CQMPL|NACE WITH THE OPEN MEETINGS LAW; AND
PROVIDING ANEFFECTIVE DATE HEREOF.
6. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to deny passage of@n Ordinance amending the City's Future Land Use KHep
Component of the Comprehensive Plan for a 6.43 acre tract of land located South of 11100
8H 225, and legally described as Tracts 351 & 352. La Porte Out|ote, by changing from
"Large Lot Residential" to "Light Industrial"; consider approval or other action regarding 80
Ordinance amending the City's Future Lend Use K8op Component of the Comprehensive
Plan for m6.43acre tract ofland located south of 11100 GH 225. and legally described as
Tracts 351 & 352, La Porte [)ut|ote. by changing from "Large Lot Residential" to "Light
Industrial"— 1. Clowes
The public hearing opened Gt6:O5 p.m. City Planner Ian Clo,vvaapreseOted ononnbined summary
for Items O(a) and 6(b).
Mark Pou|, 1401 Lemon Ln, spoke in opposition VfItems 8(a)and G(b).
Chris Murdock, 13O7Mission Dr..spoke imopposition nfItems 0(o)and 0(b).
Theresa Trevino, 11U34Bois [}'Ano,spoke inopposition mfItems 0(@)and O(b).
Julie Hutchins, 11311 N. P Street, spoke inopposition ofItems 6(a)and O(b).
Bill Scott, 1722Lomax School Rd.'spoke inopposition VfItems O(o)and 6(b).
The public hearing closed 0:18p.mn.
Cuuncilmember Earp nl@dw a motion to uphold the recommendation of the Planning and Zoning
Commission, and to deny passage of an Ordinance amending the City's Future Land Use W1@p
Component of the {}Vnlpnahensima Plan. Counci|mmomber Kaminski seconded. MOTION PASSED
UNANIMOUSLY 8/0. Cmumc1|rnennberP{.Martin was absent.
(b) Public hearing to receive nonnOnonta on the recommendation by the Planning and Zoning
Commission to deny zone change request #:18-82000004. for g change from Large Lot
residential (LLD) to Light Industrial (L|) for 8 8.43 acre tract of land located south Of 11100
SM 225, legally described as Tracts 851 & 352' L@ Porte Out|Vts; consider approval or other
action regarding an Ordinance amending Chapter 180 "Zoning" of the Code of Ordinances
bychanging the zoning classification 8faO43acre tract ofland located south of111D0SH
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July 23.2D18Council Meeting Minutes
225. legally described mnTracts 351 8 352' Lo PoMeDuUots, from Large Lot Residential
(LLD) to Light Industrial (LI) — 1. Clowes
The public hearing opened atO:19p.[D. City Planner Ian C|ovvespresented asummary.
The public hearing closed 818p.m.
CouncilmemberE@rp made @motion to uphold the recommendation by the Planning and Zoning
Commission and to deny zone change request #18-93000004. Cnumni|n7emnber Kaminski
seconded. K8OTKOyJ PASSED UNANIMOUSLY 8/0. Comnoi|rnennberP{. Martin was absent.
(c) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to deny Special Conditional Use permit #18-91000005 to @Uovv for a
Hotel/Motel use in the General Commercial (GC) Zoning Oiatr|ot. located on a 0.85 -acre
tract of land located at 800 W. Fairmont Pkwy., and legally described as Lots 1-32, Block
173, town of La Porte Subdivision; consider approval or other action regarding an Ordinance
amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting
Special Conditional Use Permit # 18-91000005. to allow for the development of g
Hotel/Motel use to be located on e 0.85 -acre tract of land described as Lots 1-32, Block 173.
Town of La Porte Subdivision, in the General Commercial (GC)Zoning District —|. C|ovwes
The public hearing opened at 6:21 p.m. City Planner Ian Clovwes presented a summary. There
were no public comments. The public hearing closed at 6:22 p.m.
C00nci|rm9mber Zenlanek made a motion to uphold the recommendation of the Planning and
Zoning Commission and to deny Special Conditional Use Permit #18-91000005. Counci|member
Ojeda seconded, KHCJT|CJN PASSED UNANIMOUSLY 8/O.Couuci|nnemnber K. Martin -
(d) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to deny Special Conditional Use Permit # 18-81000006 to allow for a
Hotel/Motel use in the Gamaro| Commercial (GC) Zoning District, located on 8 0.87-ocre
tract of land located at 928 SH 146 South and legally described as Reserve A, Denny's
[|lG8G|C Diner La Porte Subdivision; consider approval or other action regarding an
Ordinance amending the Code ofOrdinances ofthe City 0fLaPorte, Chapter 1O8"Zom|ng".
by granting Special Conditional Use Permit # 18-81000000 to allow for a Mo1e|/K8Ote| use in
the General Commercial (GC) Zoning District, located on aO.87-acretract ofland located at
828 8H 145 South and legally described as Reserve A, Denny's CU@88iC Diner La Porte
Subdlvioion—|. CU0vves
The public hearing opened mtO:23p.m. City Planner Ian C|nw/enpresented asummary.
Satish Patel spoke in favor ufItem 6/d\
The public hearing closed stM:25p.nn.
Cuunui|nmamber Zamanek asked who gave verbal approval for the site, Mk. CloxYeo responded the
applicants had a pre -development meeting months prior to the change in the City's Coda of
Ordinances requiring conditional use permits for all hotels.
COumoUmmeOlber Zemm0ek made a motion to uphold the recommendation of the Planning and
Zoning Commission and to deny Spada] Conditional Use Permit #18-91000006. CouOci|rDenOb8r
Kaminski seconded. KM[]UQN PASSED UNANIMOUSLY 8/0- Counoi|nnemnber K. Martin was
absent
(e) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve Special Conditional Use Permit # 18-81000009 to allow for
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July 23,2O18Council Meeting Minutes
Q Petroleum and Petroleum Products Merchant Wholesaler (NA|CG use to locate
on o 34.69 -acre tract Ofland within the Planned Unit Development (PUD) zoning district,
located at 1302 VVh@rt8O VVeennw Blvd.. legally described as Reserve "|" Port Crossing
Commerce Center Subdivision; consider approval Or other action regarding an Ordinance
amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning", by granting
Special Conditional Use Parmit# 18-81000009. to allow for a Petroleum, and Petroleum
Products Merchant Wholesaler (NA|CS 424720) use to locate on e 34.69 -acre tract of land
within the Planned Unit Development /PU[)\ zoning district, located at 1302 Wharton
Weems Blvd., legally described as Reserve "|" Port Crossing Commerce Center Subdivision
The public hearing opened at6:27p.nn. City Planner Ian C[ovvespresented asummary.
Owner and Developer of Port Crossing Hans Brindley spoke and provided additional information.
The public hearing closed gtO:34p.nm.
Counc||nnemnberJ.Martin, made @ motion 0oaccept the recommendation ofthmPlamrdngandZoning
Commission and to approve Special Conditional Use ponnh # 18-9100�0009 to oUovv for a
Petroleum and Petn0|8U[n Products Merchant Wholesaler (0A|CS 424720). [Juunci|mennber Earp
seconded. MOTION PASSED UNANIMOUSLY @/D.CpuooQnmenmber K.Martin was absent.
Prior to council action, Assistant City Attorney Clark ABkiOs read the caption of Ordinance 2010-
3716: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE
CHAPTER 106. MORE COMMONLY REFERRED TOAS THE ZONING ORDINANCE OF THE C|7y OF
LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000009, TO ALLOW FOR A
PETROLEUM AND PETROLEUM PRODUCTS MERCHANT WHOLESALER (NA|CS42472U) USE IN A
PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 34.08ACRE TRACT OF LAND AND
BEING LEGALLY DESCRIBED AS RESERVE ''|^ IN PORT CROSSING COMMERCE CENTER
SUBDIVISION, LAPORTE.HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS (}FFACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
/f\ Public hearing toreceive comments regarding the La Porte Fire Control, Prevention, and
Emergency Medical Services District's proposed budget for the fiscal year which begins
October 1, 2018, as approved by the Board of Directors of the District at its meeting held on
June 21. 2018; consider approval of proposed budget of Lo Porte Fine Control, Prevention
and Emergency Medical Services District — O. Ladd
The public hearing opened @t6:35p.rm. Assistant Fire Chief Donald Ladd presented asummary of
the proposed budget nfthe L@ Porte Fire Con[nm|. Prevention, and Emergency W1edioe| Sen/ioaa
District. There were no public comments. The public hearing closed at 6:51 p.m.
CoOMci|OoemmbarZen0eneh made a [notion to approve the La Porte Fire Control, Prevention, and
Emergency Medical Services District's proposed budget for the fiscal year beginning October 1.
2018. as approved by the Board of [}imaotoro of the District at its meeting held on June 21, 2018.
CuuOc||nnemnber Kaminski seconded. MOTION PASSED UNANIMOUSLY D/0. Counci|memnberK.
Martin was absent.
(gi) Public hearing to receive comments regarding request by property owner to authorize e
variance to Section 6-2, of the Code ofOrdinances of the City ofLmPorte, byallowing the
sale Ofalcoholic beverages for on -premise consumption at Aroma's Italian Gh|\ located at
1023 S. Broadway, within 300 feet of a public school; consider approval or other action
regarding an Ordinance authorizing a variance to Section 6-2 of the Code of Ordinances of
the City of Lo Porte, by allowing the ea|w of alcoholic beverages for on -premise consumption
at Aroma's Italian Grill located at 1023 S. 8noedvvay. within 300 feet ofo public school —R.
Mancilla
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The public hearing opened at 6:52 p.m. Planning and Development Director Richard N1anciU@
presented a summary. There were no public comments, The public hearing closed at 6:54 p.m.
Coumci|nnennber Bentley made o motion, to approve an Q[d|memma authorizing a variance to Section
6-2ofthe Code of Ordinances ofthe City ofbePorte, byallowing the sale Cfalcoholic beverages
for on -premise consumption at Aroma's Qa|i@M BhU located at 1023 S. Broadway, within 3OOfeet Vf
apublic school. Counni|membnrKaminski seconded. MOTION PASSED G/2.
Ayes: Mayor Rigby, CounoUnlembers J. N4orUD. Bentley, Kaminski,
Ojeda and Engelken
Nays: [ounci|0eOnters Earp and Demanek
Absent: Councilmember K. Martin
Prior tocouncil action, Assistant City Attorney Clark AskiOSread the caption, of Ordinance 2018-
3717. AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE OF
ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR AROMA'S ITALIAN
GRILL, LLC D/B/A AROMA'S ITALIAN GRILL, LOCATED AT 1023 G. BROADWAY ST, FOR ON -
PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED FEET OF
L4 PORTE HIGH SCHOOL'. CONSTA|NKNG ASEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
7. REPORTS
(a) Receive report ofthe L8 Porte Development Corporation Board Meetog—CoVnc|;mmember
Nancy Ojeda
Councilmember Ojeda reported on the La Porte Development Corporation Board Meeting held prior
to the City Council Meeting.
8. ADMINISTRATIVE REPORTS
Assistant City Manager Jason Weeks reminded Council of the upcoming budget workshop
meetings beginning at the next council meeting on August 13. 2018. and advised when the meeting
packets will be available.
9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
nnenlbemo, city ennp|oyeeo, and upcoming events; inquiry of staff regarding specific factual
Cnunci|nnemnberZ8O18D8hthanked Chief Nen Adoox for his services and mAoMod him well in his
fUtUn8 endeavors. Cowmoi|nlamber Bentley thanked Chief Ken Adcox and wished him well OO his
retirement and thanked city employees for their professionalism while aUnvVOg him to visit their
department the past couple ofweeks. Oouno||AnernberEnge|kencongratulated Chief Ken AdonXon
his nati[ernoOt and wished him the best. CounCi]mennber Earp wished Chief Ken Adcox1he best on
his retirement and thanked the citizens imLomax for coming ƒothe meeting t0voice their concerns.
Counoi|moa[nbe[ [Ueda congratulated Chief Ken Adooxon his retirement and wished him the best
informed she attended the \Nn|| Raising for Habitat for Humanity, and the well -coordinated
dedication of the Lo Porte Historic Colored GCh0O|hVU80. Counci|nnennbe[ J. Martin thanked Chief
Ken Aduoxfor his services ƒnthe community, and suggested the applicant of Ubmnn 6(d) come bonh
to Council with a different proposal. C0UnCiKnnember Kaminski thanked Chief Ken Adooxfor his
services and wished him and hiifamily well and wished CouOci|nOornber Danny Earp o Happy
Birthday; and Mayor Rigby thanked Chief Ken /4dcoxfor his services and wished him well and
informed he attended the dedication of the La Porto Historic Cn|0R9d Schoolhouse this past
Saturday.
10. EXECUT[VESESS|QN—TheCitvreeerxeethe righttonmeetincJosgdoaseonomanyegendaMem
should the need arise and if applicable pUr8ommt to authorization by Title 5, Chapter 551. of the
Texas Government Code, including, but not limited to, the following:
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Texas Government Code, Section 661.071 (2) — Deliberation regarding purchase, exchange,
lease or value of Real Property: Meet with City Manager and City Attorney to discuss value of real
property in industrial districts, concerning negotiations with industry representatives for terms of
new Industrial District Agreements.
City Council recessed the regular Council, meeting to convene an executive session at 7:01 p.m.
regarding the item listed above.
Councilmember Earp did not attend the Executive Session, having filed a Conflict of Interest
Statement, and then left the Council meeting at 7:07 p.m.
11. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session;
Council reconvened the regular Council meeting at 7:47 p.m. This subject will continue to be
discussed at future council meetings. No action was taken.
12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 7:48 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 710. Councilmembers K. Martin and D. Earp were absent.
Patrice Fogarty,-tary
Secr6
Passed ad "proyed on August 27, 2018.
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July 23, 2018 Council Meeting Minutes