HomeMy WebLinkAbout2018-10-22 Regular Meeting of the La Porte City Council LOUIS RIGBYOF A BILL BENTLEY
Mayor 0 Councilmember District 3
JOHN ZEMANEK I. KRISTIN MARTIN
Councilmember At Large A 7 l , Councilmember District 4
VACANT JAY MARTIN
Councilmember At Large B Councilmember District 5
DANNY EARP NANCY OJEDA
Councilmember District 1 / Councilmember District 6
CHUCK ENGELKEN Mayor Pro-Tern
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 22, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, October 22, 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:
1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council
were present: Councilmembers Ojeda, Zemanek, J. Martin, K. Martin, Bentley, Engelken, and Earp.
Staff present: City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City
Manager Jason Weeks, and Assistant City Attorney Clark Askins.
2. INVOCATION —The invocation was given by Assistant City Attorney, Clark Askins.
3. PLEDGE OF ALLEGIANCE —The pledge of allegiance was led by Councilmember John Zemanek.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition — Employees of the 3rd Quarter 2018 — Officers Joshua Willhoite, Barrence
Rodgers and Sergio Torre—City of La Porte Police Department— Mayor Rigby
Mayor Rigby recognized Officers Joshua Willhoite, Barrence Rodgers, and Sergio Torre as
Employees of the 3rd Quarter 2018.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., addressed Council regarding merit raises and stating the City
needs a pay scale for each job.
Jo Ann Pitzer, 10011 Carlow Lane, addressed Council regarding the fence on the south side of
Spencer. She is hoping Council will consider putting the south side fence on Myrtle Creek to Valley
Brook because there is no opposition by property owners in this section.
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 October 8, 2018
— P. Fogarty
(b) Consider approval or other action regarding a Resolution confirming the appointment of
Ron Parker as the department head and chief of police of the La Porte Police Department
commencing October 8, 2018— P. Fogarty
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(c) Consider approval or other action to purchase Neptune meters and parts from Core and
Main of Houston, as sole source provider— M. Dolby
(d) Consider approval or other action authorizing the purchase of Fiscal Year 2018-2019
Vehicle Replacements under HGAC contract number AM10-18 and Texas BuyBoard
contract numbers 515-16 and 529-17— R. Mayo
(e) Consider approval or other action authorizing the purchase in the amount of $73,725.00 for
three (3) uSmart 3200T NexGen Ultrasound Tablet System devices from Terason, Division
of Teratech Corporation, as sole source provider, in the amount of$73,725.00— R. Nolen
(f) Consider approval or other action authorizing the City Manager to execute a contract with
Public Management, Inc., for Grant Administration Services and overall management of
CDBG and HMGP funding, with a total authorization of$245,030.00— L. Wingate
(g) Consider approval or other action regarding a Resolution approving a local commitment of
$125,000.00 to supplement the City's allocation of $325,775.30 provided by the Texas
General Land Office for the 2015 Floods and Storms (DR-4223 and DR-4245) Community
Development Block Grant Disaster Recovery Program for the Northside Neighborhood
Drainage Improvement Project— L. Wingate
(h) Consider approval or other action regarding a Resolution adopting updated City of La Porte,
Texas Investment Policy—S. Wolny
Councilmember Earp had questions on consent Items F, G, and H. City Engineer Lorenzo
Wingate and Finance Director Dolby answered the questions.
Councilmember Bentley had question on consent Item E. EMS Chief Ray Nolen responded.
Councilmember Engelken made a motion to approve Consent Agenda items pursuant to staff
recommendations. Councilmember Earp seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0.
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to deny an amendment to the City's Future Land Use Map Component of the
Comprehensive Plan for a 1.0 acre tract of land located at 10410 N. L St., and legally described as
Tract 441C, La Porte Outlots Subdivision, by changing from "Large Lot Residential" to "Low Density
Residential"; consider approval or other action regarding an Ordinance amending the City's Future
Land Use Map Component of the Comprehensive Plan for a 1.0 acre tract of land located at 10410
N. L St., and legally described as Tract 441C, La Porte Outlots Subdivision, by changing from
"Large Lot Residential" to "Low Density Residential"— I. Clowes
The public hearing opened at 6:19 p.m. City Planner Ian Clowes presented a combined summary
for Items A&B.
Jeff Feller, spoke in favor of an amendment to the City's Future Land Use Map Component of the
Comprehensive Plan for a 1.0 acre tract of land located at 10410 N. L St.
After no further public comments, the public hearing was closed at 6:36 p.m.
Councilmember Earp made a motion to uphold the recommendation by the Planning and Zoning
Commission and deny an amendment to the City's Future Land Use Map Component of the
Comprehensive Plan and to reimburse the applicants for expenses not to exceed $8,500.
Councilmember K. Martin seconded. MOTION PASSED 5/3.
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Ayes: Councilmembers K. Martin, Zemanek, Earp, Ojeda and
Engelken
Nays: Mayor Rigby, Councilmembers Bentley and J. Martin
Absent: None
(b) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to deny zone change request #18-92000009, for a change from Large Lot
Residential (LLD) to Low Density Residential (R-1) for a 1.0 acre tract of land located at 10410 N. L
St., legally described as Tract 441C, La Porte Outlots Subdivision ; consider approval or other
action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances by
changing the zoning classification of a 1.0 acre tract of land located at 10410 N. L. St., legally
described as Tract 441C, La Porte Outlots Subdivision, from Large Lot Residential (LLD) to Low
Density Residential (R-1)— I. Clowes
The public hearing opened at 6:39 p.m.
There being no public comments, the public hearing was closed at 6:39 p.m.
Councilmember Earp made a motion to uphold the recommendation by the Planning and Zoning
Commission and deny zone change request #18-92000009. Councilmember K. Martin seconded.
MOTION PASSED 5/3.
Ayes: Councilmembers K. Martin, Zemanek, Earp, Ojeda and
Engelken
Nays: Mayor Rigby, Councilmembers Bentley and J. Martin
Absent: None
(c) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to deny Special Conditional Use Permit #18-9191000012 to allow for a
commercial and industrial machinery and equipment rental and leasing use in the Planned Unit
Development (PUD) Zoning District, on a 7.0 acre tract of land located on the south side of Spencer
Hwy., east of S. 25th St., and legally described as +1- 7 Acres out of 133.93 Acre Tract in the R
Pearsall Survey A-265; 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#18-91000012 to allow for a commercial and industrial machinery and equipment rental
and leasing use in the Planned Unit Development (PUD) Zoning District, on a 7.0 acre tract of land
located on the south side of Spencer Hwy., east of S. 25th St., and legally described as +1- 7 Acres
out of 133.93 Acre Tract in the R Pearsall Survey A-265, in the Planned Unit Development (PUD)
Zoning District— I. Clowes
The public hearing opened at 6:40 p.m. City Planner Ian Clowes presented a summary.
Larry Wiedemann, Vice President of Human Resources Manager for Atlas Copco Rental, provided
background information of Atlas Copco Rental. The applicant is seeking approval of City Council to
build a new North American Headquarters in the City of La Porte.
Rick Kight, representing PPG site property owner ODIA Fairmont LLC., where Atlas Copco Rentals
hopes to build, spoke in favor of the SCUP.
There being no further public comments, the public hearing was closed at 6:56 p.m.
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Councilmember Ojeda made a motion to uphold the Planning & Zoning Commissions' denial of the
SCUP. Councilmember K. Martin seconded. MOTION FAILED 3/5.
Ayes: Councilmembers Ojeda, K. Martin and J. Martin
Nays: Mayor Rigby, Councilmembers Zemanek, Earp, Bentley, and
Engelken
Absent: None
Councilmember Earp made a motion to approve Special Conditional Use Permit Request
#18-910000012. Councilmember Bentley seconded. MOTION FAILED 5/3.
Ayes: Mayor Rigby, Councilmembers Zemanek, Earp, Bentley, and
Engelken
Nays: Councilmembers Ojeda, K. Martin and J. Martin
Absent: None
(For Council to overturn the Planning &Zoning Commission's negative recommendation to deny the SCUP, it required a
super majority vote, which, in this case, was 6 votes. At this time La Porte City Council is a body of eight members due to
the vacancy on the council. And because there were only 5 votes in favor of overturning the P&Z's negative
recommendation,the motion failed.)
(d) Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve Special Conditional Use Permit #18-91000013 to allow for a
Hotel/Motel use in the General Commercial (GC) Zoning District, on a 3.77 acre tract of land
located at 1328 SH 146 South, and legally described as Reserve B, Block 1, M&K Development
Amend; 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#18-91000013, to allow for the development of a Hotel/Motel use in the General Commercial
(GC) Zoning District, on a 3.77 acre tract of land located at 1328 SH 146 South, and legally
described as Reserve B, Block 1, M&K Development Amend — I. Clowes
The public hearing opened at 7:01 p.m. City Planner Ian Clowes presented a summary.
Councilmember Bentley left the table at 7:02 p.m. and returned at 7:04 p.m.
Zoheh Manesia, the applicant, spoke seeking Council's approval of building a Staybridge Hotel.
There being no further public comments the public hearing was closed at 7:14 p.m.
Councilmember Ojeda made a motion to accept the recommendation by the Planning and Zoning
Commission and approve Special Conditional Use Permit #18-91000013. Councilmember Bentley
seconded. MOTION PASSED 7/1.
Ayes: Councilmembers J. Martin, K. Martin, Bentley, Zemanek, Earp,
Ojeda and Engelken
Nays: Mayor Rigby
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3727 AN
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPER 106,
MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000013, TO ALLOW FOR A HOTEL
(EXCEPT CASINO HOTELS) AND MOTEL UE IN A GENERAL COMMERCIAL (GC) ZONING DISTRICT,
ON A 3.77 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS RESERVE B, BLOCK 1 M&K
DEVELOPMENT AMEND, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
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(e) Public hearing to receive comments regarding a request by Burger Libre, LLC, for a
variance to Section 6-2 of the Code of Ordinances of the City of La Porte, to allow the sale of
alcoholic beverages for on-premise consumption at Burger Libre, located at 9709 Spencer Hwy.,
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 La Porte, by allowing
the sale of alcoholic beverages for on-premise consumption at Burger Libre, located at 9709
Spencer Hwy., within 300 feet of a public school — I. Clowes
The public hearing opened at 7:16 p.m. City Planner Ian Clowes presented a summary.
There being no public comments the public hearing was closed at 7:20 p.m.
Councilmember Engelken made a motion to approve an Ordinance authorizing a variance to
Section 6-2 of the Code of Ordinances of the City of La Porte by allowing the sale of alcoholic
beverages for on-premise consumption at Burger Libre, located at 9709 Spencer Hwy.
Councilmember Zemanek seconded. MOTION PASSED 6/2.
Ayes: Mayor Rigby, Councilmembers K. Martin, Bentley, Zemanek,
Ojeda and Engelken
Nays: Councilmembers Earp and J. Martin
Absent: None
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3728 AN
ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE OF
ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR BURGER LIBRE, LLC
D/B/A BURGER LIBRE, LOCATED AT 9709 SPENCER HWY., FOR ON-PREMISES CONSUMPTION OF
ALCOHOLIC BEVERAGES WITHIN THREE-HUNDRED FEEF OF JAMES H. BAKER 6T" GRADE CAMPUS,
A PUBLIC SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
8. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding appointment of two Councilmembers to a Fitness
Center Committee to study and make recommendations regarding renovations of the
current fitness center and/or a new fitness center— P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Ojeda made a motion to nominate Councilmembers Zemanek and J. Martin for the
committee. Councilmember Earp seconded. MOTION PASSED UNANIMOUSLY 8/0.
(b) Discussion and possible action regarding City permitting process — Councilmember Ojeda,
Councilmember J. Martin, Councilmember Bentley
Councilmember Ojeda presented a summary and discussion followed regarding the City's
permitting process and keeping up with violators who are building without a permit. Staff needs to
be more proactive rather than reactive. Councilmember Ojeda cited a location in particular that
continues to work without a permit, and that the amount of work is appalling as to what's been done
without a permit.
There was no action taken on this item. Staff will begin working immediately on these issues.
(c) Discussion and possible action regarding City sponsorships — Councilmember Ojeda,
Councilmember Zemanek, Councilmember K. Martin
Councilmember Ojeda presented a summary. She stated that she is not clear on where funds
come from when the City is sponsoring an event, and feels that an application process would serve
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October 22, 2018 Council Meeting Minutes
the City well from now on. Several other councilmembers agreed that an application process would
be a good idea.
Mayor Rigby gave an example how sponsoring the Houston Yacht Club sailing event benefits the
City because competitors from all over the world stay in La Porte hotels putting "heads in beds." He
stated Council has given the City Manager the approval for spending up to $50,000 without Council
approval; however, if a process needs to be put in place, an application process would be okay for
Council's approval.
9. ADMINISTRATIVE REPORTS
City Manager Corby Alexander thanked Council for confirming the appointment of new Police Chief
Ron Parker, and he also introduced new Planning Director Teresa Evans.
10. 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 Engelken, Earp, Ojeda, J. Martin, K. Martin,
Zemanek, Bentley and Mayor Rigby.
Councilmember Zemanek recognized all three officers, Joshua Willhoite, Barrence Rodgers and
Sergio Torre, and stated he felt proud of folks who jumped in to take care of business; he attended
the presentation of the Dottie Bowl on Saturday, and is very proud of the Texans and Cowboys
organizations for recognizing Dottie Kaminski.
Councilmember Bentley congratulated newly appointed Police Chief Parker for his dedication to the
city; attended Wednesday's Habitat for Humanity house project. He complimented staff for their
dedication on working together to get things done and is very proud of staff.
Councilmember Engelken welcomed Teresa Evans to the City; and congratulated Chief Ron Parker
and the three officers who received the Employee of the Quarter awards; he mentioned the thank
you note council received from the family who tragically lost a family member; they reached out to
the city thanking our first responders' for their hard efforts; and the technology EMS received tonight
will put us on a higher level than everyone else.
Councilmember Earp congratulated Chief Ron Parker and welcomed new Planning Director Teresa
Evans; also congratulated all three officers. As far as Habitat for Humanity, he was sorry he was
unable to attend.
Councilmember Ojeda mentioned how she loves how they are naming the football game between
the Texans and the Cowboys the Dottie Bowl, but was saddened all weren't invited to attend.
Congratulated Parks and Rec's Halloween Campout event, stating it was phenomenal. After
walking from tent to tent talking to families, she enjoyed hearing how visitors from surrounding cities
like to attend La Porte Parks and Rec events because their cities don't offer these types of events.
Also, she stated she enjoyed looking at pictures of staff helping out for Habitat for Humanity work
day; and welcomed Teresa Evans. Lastly, she thanked PD for working on the hot spot.
Councilmember J. Martin congratulated Ron Parker and welcomed Teresa Evans and looks forward
to working with them. He thanked all three officers for their sacrifice and willingness to put
someone else in front of their own needs and safety. He also has family who attends the Halloween
campout, and he thought it was fantastic; he attended the grand opening of MRC Global, who
donated $75,000 to the Education Foundation, which was incredible; and wants to thank staff and
the Economic Development Corporation for making that happen.
Councilmember K. Martin congratulated all three officers for getting Employee of the Third Quarter
and congratulated Ron Parker stated it is well deserved. She also welcomed Teresa Evans. She
mentioned the Dottie Bowl was amazing; Dottie would have been proud looking forward to seeing
how this develops in years to come.
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Mayor Rigby congratulated all three officers for getting Employee of the Third Quarter and
congratulated Chief Parker; he also welcomed Teresa Evans and is looking forward to working with
her. He mentioned that this past Monday, he met with an Eagle Scout Candidate who is working on
a project and wants to be involved with the City of La Porte. He sent the Mayor his proposal which
will be forwarded to City Manager to be placed on the next Council agenda. He said it is regarding
a place where people can drop off torn/tattered United States flags. Mayor Rigby also attended the
MRC Global grand opening; it is an impressive facility; it was mentioned that they have $137 million
worth of inventory. He welcomed them to the city and is looking forward to a long lasting
relationship.
11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn
the meeting at 8:13 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0.
liii . . 1
Patrice Fogarty, tit SecXary
Passed afnd p ro'ed on November 12, 2018.
MaycrfLouis R. Rigby
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