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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 Page 1 of 6 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 Page 2mf6 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 Page 3nf6 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 Page 4of6 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: Page 5of6 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. 1.4 Page 6 of 6 July 23, 2018 Council Meeting Minutes