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Home My WebLink About2020-28-09 Regular Meeting of the La Porte City Council LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD OF Councilperson At Large A AO,ATHOMAS GARZA STEVE GILLETT .1 Councilperson District 4 Councilperson At Large B V ANTIJAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 Mayor Pro-Tern MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 28, 2020 The City Council of the City of La Porte met in a regular meeting on Monday, September 28, 2020, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza (left at 6:02 p.m.), Jay Martin Councilpersons attending remotely: Brandon Lunsford, Nancy Ojeda Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. Mayor Rigby reminded Councilperson Garza that the Council's adopted Rules of Procedure required Councilpersons to wear a mask during Council meetings. The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to his office in City Hall. Councilperson Garza said he was exempted from wearing a face covering for medical reasons and because he was eating and drinking and would not be wearing one. The Mayor asked the Sergeant-at-Arms to remove Councilperson Garza. Councilperson Garza moved that the Council oppose the Mayor's direction, which he termed as illegal. The motion did not receive a second and was not considered. Councilperson Garza was escorted from the room. 2. INVOCATION—The invocation was given by Pastor Paul Mc Wherter, Underwood Baptist Church, and pledges were led by Councilperson Steve Gillett. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Proclamation in recognition of Domestic Violence Awareness and Prevention Month. [Mayor Rigby] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) • Alton Porter spoke on behalf of Gas Innovations in support of item 5c. • Sam Maknojia, spoke as the owner of SV Sons Hwy. 146, requesting the consideration of a temporary occupancy permit for his development in order to partially open his fueling station/Dunkin' Donuts location. • Amin Ali Jafar spoke as an employee seeking to work at Mr. Maknojia's business. • Cindy Kranzfelder spoke as an employee seeking to work at Mr. Maknojia's business. • Madison Yellott spoke as an employee seeking to work at Mr. Maknojia's business. • Brenda Thompson,2020 Chairman of the Board, and Jeff Martin, President, of the La Porte-Bayshore Chamber of Commerce, who presented the City with a copy of a poster of drawings of local buildings, including City Hall, they had commissioned, as a commemoration before the Chamber moves to its new location. Thompson and Martin also shared that the Chamber has provided masks for all City first responders, has commissioned a drawing for the City's three chiefs rendered by a former City employee, and is encouraging visible local support for first responders, including on business signage, on October 1. Martin thanked the City for its ongoing support of the Chamber. • Randy Rowan asked for information on the facilities Harris County considered for an early voting location in La Porte and whether the election was still a joint election between the City and LPISD. Page 1 of 4 September 28, 2020, Council Meeting Minutes • Jim Cika with ICC spoke in support of the City adopting the ICC codes in item 7e and f, as did Kelly Sadler, Karl Fippinger, Guy Tomberlin, and Shawn Strausbaugh of ICC; Tommy Rice, Jr. of CNB Utlities of Houston; Scott McDonald of the City of Denton; and Merrill Crawford of Charlie's Plumbing of Houston. 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the City Council meeting held on September 14, 2020. [Louis R. Rigby, Mayor] b. Adopt Ordinance 2020-3799 to reappoint Presiding Judge Denise Mitrano and three Alternate Judges, Dick H. Greg III, Chris Gore, and John C. Cardenas. [Mayor Rigby] c. Adopt Ordinance 2020-3802 regarding a petition by land owners for disannexation of a 4.8635-acre tract of land and a 3.8135-acre tract of land, both situated in the Enoch Brinson League, Abstract 5, Harris County, Texas. [Corby Alexander, City Manager] d. Adopt Ordinances 2020-IDA-143 through 2020-IDA-154, authorizing the execution of Industrial District Agreements with companies in the Battleground and Bayport Industrial Districts, for a twelve- (12-) year term beginning January 1, 2020. [Corby Alexander, City Manager] Councilperson Earp pulled item c. The Mayor pulled item d to be considered separately, as Councilperson Earp had filed an Affidavit of Conflict of Interest and did not participate in the item's discussion or vote. Mayor Pro Tern Engelken moved to approve consent agenda items a and b; the motion was seconded by Councilperson Earp; the motion was adopted, 8-0. Mayor Pro Tern Engelken moved to adopt Ordinance 2020-3802 regarding a petition by land owners for disannexation of a 4.8635-acre tract of land and a 3.8135-acre tract of land, both situated in the Enoch Brinson League, Abstract 5, Harris County, Texas, and amending the effective date of the ordinance to December 31, 2020; the motion was seconded by Councilperson Bentley; the motion was adopted, 6-2, Councilpersons Earp and Gillett voting against. Councilperson Earp signed an Affidavit of Conflict of Interest and did not participate in the discussion or vote. Mayor Pro Tem Engelken moved to adopt Ordinances 2020-IDA-143 through 2020-IDA-153, authorizing the execution of Industrial District Agreements with companies in the Battleground and Bayport Industrial Districts, for a twelve- (12-) year term beginning January 1, 2020, and to adopt Ordinance 2020-IDA-154 authorizing the execution of an Industrial District Agreement for an eleven-year term beginning January 1, 2021; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding their consideration of the proposed City of La Porte budget for the 2020-21 Fiscal Year; followed by discussion and possible action to adopt Ordinance 2020-3800,approving the City's Fiscal Year 2020-21 Proposed Budget. [Michael Dolby, Finance Director] Mayor Rigby opened the public hearing at 7:04 p.m. Michael Dolby, Finance Director, provided a presentation on the proposed City of La Porte budget for 2020-21 Fiscal Year. There was no public comment offered by attendees. The Mayor closed the public hearing at 7:17_p.m. Councilperson Martin signed an Affidavit of Conflict of Interest and did not participate in the discussion or vote. Mayor Pro Tern Engelken moved to approve the budget line item concerning funding for the City's contract with the Chamber of Commerce; the motion was seconded by Councilperson Earp; the motion was adopted, 7-0. Mayor Rigby moved to adopt Ordinance 2020-3800 approving the City's Fiscal Year 2020-21 Proposed Budget; the motion was seconded by Mayor Pro Tern Engelken;the motion was adopted, 8-0, by a roll call vote. 7. STATUTORY AGENDA Page 2 of 4 September 28, 2020, Council Meeting Minutes a. Presentation,discussion,and possible action to approve use of the Coronavirus Relief Fund (CRF)funding allocation. [Corby Alexander, City Manager] Councilperson Gillett moved to approve use of the Coronavirus Relief Fund (CRF) funding allocation; the motion was seconded by Mayor Pro Tem Engelken; the motion was adopted, 8-0. b. Presentation, discussion, and possible action to approve the purchase of 145 new laptop computers to replace desktops to provide better efficiencies for staff. [Grady Parker, IT Manager] Mayor Pro Tem Engelken moved to approve the purchase of 145 new laptop computers;the motion was seconded by Councilperson Earp; the motion was adopted 8-0. c. Presentation, discussion, and possible action to adopt Resolution 2020-23, accepting the 2020 HCAD certified appraisal roll. [Michael Dolby, Finance Director] Mayor Pro Tern Engelken moved to adopt Resolution 2020-23, accepting the 2020 HCAD certified appraisal roll; the motion was seconded by Councilperson Bentley; the motion was adopted 8-0. d. Presentation, discussion, and possible action to adopt Ordinance 2020-3801, setting the City's ad valorem tax rate for the 2020-21 Fiscal Year. [Michael Dolby, Finance Director] Mayor Pro Tern Engelken moved to adopt Ordinance 2020-3801, setting the City's ad valorem tax rate at $0.71 per $100 valuation for the 2020-21 Fiscal Year; the motion was seconded by Councilperson Bentley; the motion was adopted 8-0 by a roll call vote. e. Presentation, discussion, and possible action on adoption of Ordinance 2020-3084 to adopt the 2018 International Fire Code. [Clif Meekins, Fire Marshal] Mayor Pro Tern Engelken moved to adopt Ordinance 2020-3084 to adopt the 2018 International Fire Code; the motion was seconded by Councilperson Earp; the motion was adopted 8-0. f. Presentation,discussion,and possible action to approve Ordinance 2020-3803 adopting the 2018 International Code editions for Building, Residential, Mechanical, Energy Conservation, Plumbing, Fuel Gas, and Swimming Pool and Spa Codes and the 2020 National Electrical Code with local amendments, in accordance with recommendation of the Building Code Appeals Board. [Alfonso Acosta, Deputy Building Official] Mayor Pro Tern Engelken moved to adopt Ordinance 2020-3803 adopting the 2018 International Code editions for Building, Residential, Mechanical, Energy Conservation, Plumbing, Fuel Gas, and Swimming Pool and Spa Codes and the 2020 National Electrical Code with local amendments, in accordance with recommendation of the Building Code Appeals Board;the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. 8. ADMINISTRATIVE REPORTS • City Council meeting, October 12 • Planning and Zoning Commission meeting, October 15 •Zoning Board of Adjustment meeting, October 22 • City Council meeting, October 26 City Manager Corby Alexander said there were no reports. 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons thanked the Police Department Crime Victim Liaison, Shaye Lister, for her service to the community; expressed appreciation to the Chamber of Commerce for their gift of the framed poster to be displayed at City Hall; thanked the Finance Department and all of the City staff for their long work on the new budget; noted with approval the adherence of local businesses to appropriate COVID guidelines and requirements; shared appreciation for the approval of raising all City positions to a rate Page 3 of 4 September 28, 2020, Council Meeting Minutes minimum of$10/hour; encouraged all to visit the library when it reopened and conveyed the gratitude of its employees for the refurbishments the City is completing there; noted the Charter Review Commission has begun meeting; and thanked Emergency Management Coordinator Kristin Gauthier for keeping all on track during Hurricane Laura and Tropical Storm Beta. 10. EXECUTIVE SESSION—The City Council will convene in closed session as authorized by Texas Government Code Sec. 551.071(1)(A) - Pending or Contemplated Litigation, to discuss SV Sons Hwy. 146, LLC vs. City of La Porte. [Clark T. Askins, Assistant City Attorney] The Council adjourned into executive session at 8:15 p.m. 11. RECONVENE into regular session and consider action, if any,on item(s)discussed in executive session. The Council reconvened into open session at 8:46 p.m. Mayor Pro Tern Engelken moved to decline the proposed agreement for a temporary certificate of occupancy; the motion was seconded by Councilperson Martin; the motion was adopted, 8-0. ADJOURN —Wi out o•jection, Mayor Rigby adjourned the meeting at 8:49 p.m. OW ..------ e oodward, . 4111'etary Page 4 of 4 September 28, 2020, Council Meeting Minutes