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HomeMy WebLinkAbout03-28-22 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 28, 2022 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District 4 JAY MARTIN Mayor Pro Terri Councilperson District 5 ROBBIE MdARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, March 28, 2022, 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, Brandon Lunsford, Mandi Williams, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: Brent McCaulley Council -appointed officers present: Corby Alexander, City Manager; Matt Daeumer, Assistant City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Reverend Brian Christen, La Porte Community Church and pledges were led by Councilperson Brandon Lunsford. 3. 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.) There were no citizen comments. 4. CONSIDERATION OF COUNCILPERSON ABSENCES a. Presentation, discussion, and possible action to consider excusing the absence of Councilperson Mandi Williams from the March 14, 2022, City Council meeting, in accordance with the City Council Attendance Policy. [Louis R. Rigby, Mayor] Councilperson Engelken moved to excuse the absence of Councilperson Mandi Williams from the March14, 2022, City Council meeting: the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. 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 regular City Council meeting held on March 14, 2022. [Louis R. Rigby, Mayor] b. Award Bid #22009 - Flygt Pump Replacements to Hahn Equipment Company Inc. in the amount of $104,915.00, for replacement of submersible pumps at sewer lift stations. [Ray Mayo, Director of Public Works] c. Approve a proposal from Alfa Laval, Inc. as a sole -source contractor for part replacement of belt press unit #2, in connection with the Wastewater Treatment Plant belt filter press re- conditioning project, in the amount of $198,320.00 and with a project contingency of $1,680.00, for a total authorization of $200,000.00. [Ray Mayo, Director of Public Works] d. Approve an Interlocal Agreement between Harris County and the City of La Porte, Texas, for Fixed Route Bus Service, for a twelve (12) month term. [Corby Alexander, City Manager] e. Approve a request for City of La Porte sponsorship of the La Porte Education Foundation annual golf tournament in the amount of $2,500.00, as the presenting sponsor for Fiscal Year 2022-2023. [Corby Alexander, City Manager] f. Approve issuing a pipeline permit to Seadrift Pipeline Corporation for the construction of a ten -inch (10') propane pipeline within the City of La Porte. [Teresa Evans, Director of Planning and Development] g. Adopt Resolution 2021 3 2022-08 to suspend the effective date proposed by CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program for 45 days, and authorize the City's participation in a coalition of cities known as the "Texas Coast Utilities Coalition" ("TCUC"). [Corby Alexander, City Manager] h. Authorize the City Manager to execute a professional services agreement with Schaumburg and Polk, Inc. for an amount not to exceed $171,100.00, for preliminary engineering, design, and construction phase services in connection with the Lift Station 31 Rehabilitation Project. [Ray Mayo, Director of Public Works] i. Award Bid #22001 -Water Plant 9 Ground Tank Replacement, to W.W. Payton Corporation, authorize the City Manager to execute a construction contract in the amount of $375,000.00, and approve a project contingency of $25,000.00, for a total authorization of400,000.00. [Ray Mayo, Director of Public Works] j. Approve agreement with Tri-Star Aviation, Inc. for lease of real property at the La Porte Municipal Airport for aeronautical fixed -base operation business, with twenty-five (25) year lease term plus one five (5) year renewal option. [Ray Mayo, Director of Public Works] Staff pulled item 5h prior to the meeting; the item was not considered. Councilperson Williams moved to approve consent agenda items a-c, e, and i; Councilperson Engelken seconded the motion: the motion was adopted, 8-0. Councilperson Engelken moved to approve an Interlocal Agreement between Harris County and the City of La Porte, Texas, for Fixed Route Bus Service, for a twelve (12) month term; the motion was seconded by Councilperson Bentley. Councilperson Garza moved to amend by adding that the City would not pay for any period in which a mask mandate is required. The motion to amend was not seconded and was not considered. The main motion was adopted, 7-1, Councilperson Garza voting against. Councilperson Garza moved to postpone the item for four Council meetings; the motion was not seconded and was not considered. Councilperson Bentley moved to approve issuing a pipeline permit to Seadrift Pipeline Corporation for the construction of a ten -inch (10') propane pipeline within the City of La Porte; the motion was seconded by Councilperson Engelken; the motion was adopted. 7-1. Councilperson Garza voting against. (Councilperson Engelken filed a conflict of interest affidavit prior to the handling of the Consent Agenda items and did not participate in any discussion or vote on item 5g.) Councilperson Garza moved to adopt Resolution -0� 2022-08 to suspend the effective date proposed by CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program for 45 days, and authorize the City's participation in a coalition of cities known as the Texas Coast Utilities Coalition" ("TCUC"): the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. (Councilperson Lunsford filed a conflict of interest affidavit prior to the handling of the Consent Agenda items and did not participate in any discussion or vote on item 5j.) Councilperson Garza moved to approve an agreement with Tri-Star Aviation. Inc. for lease of real property at the La Porte Municipal Airport for aeronautical fixed -base operation business, with twenty-five- (25-) year lease term plus one five- (5-) year renewal option: 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 a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3873 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000002, to allow for merchant wholesaler uses on a 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy. and legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas in the Business Industrial (BI) zoning district; followed by discussion and possible action to consider adopting Ordinance 2022-3873 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000002 to allow for merchant wholesaler uses on a 8.4-acre tract of land located at the 2200 Block of W. Fairmont Parkway and legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 626, R. Pearsall Survey, Harris County, Texas in the Business Industrial (BI) zoning district. [Teresa Evans, Planning and Development Director] Mayor Rigby opened the public hearing at 6:29 p.m. Director Evans provided a presentation; there were no public speakers for the hearing, although a representative of the owner was permitted to speak during Council deliberations. Mayor Rigby closed the public hearing at 6:42 P.M. Councilperson Bentley moved to adopt Ordinance 2022-3873 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22- 91000002 to allow for merchant wholesaler uses on a 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwv. and legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R. Pearsall Survey, Harris County, Texas in the Business Industrial (BI) zoning district: the motion did not receive a second and was not considered. Councilperson Garza moved to postpone the item for two meetings to make additional determinations and return the item to the agenda with clarifications: the motion was seconded by Councilperson Williams: the motion was not adopted due to a tie vote (Councilpersons Garza McLarrin, and Williams, and Mayor Rigby voting in favor and Councilpersons Martin, Lunsford, Engelken, and Bentley voting against). Councilperson Engelken moved to adopt Ordinance 2022-3873 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning", by granting Special Conditional Use Permit #22- 91000002 to allow for merchant wholesaler uses on a 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy. and legally described as 8.4 acres out of Tracts 2A, 3. 4. 4A, & Tract 23D Bayport Section 1. Abstract 625, R. Pearsall Survey, Harris County, Texas in the Business Industrial (BI) zoning district with an amendment to the SCUP that no more than ten trucks per day would be permitted and the owner would commit $15,000.00 for an electronic solution to verify the count; the motion was seconded by Mayor Rigby: the motion was adopted, 6-2, Councilperson Garza and Bentley voting against. b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3874 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000005, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a 2.448-acre tract of land located at 10807 Houston Drive and legally described as Reserve A & Al, Block 12, Battleground Estates Section 2, Harris County, Texas; followed by discussion and possible action to consider adopting Ordinance 2022- 3874 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000005, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a 2.448-acre tract of land located at 10807 Houston Drive and legally described as Reserve A & Al, Block 12, Battleground Estates Section 2, Harris County, Texas. [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 7:01 p.m. Director Evans provided a presentation; there were no public speakers for the hearing. Mayor Rigby closed the public hearing at 7:08 P.m. Mayor Pro Tern Martin moved to adapt Ordinance_.2022-3874 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000005, a change from Low Density Residential (R-1) to Large Lot Residential (LLD) for a 2,448-acre tract of land located at 10807 Houston Drive and legally described as Reserve A & Al, Block 12, Battleground Estates Section 2, Harris County, Texas: Councilperson VVilliams seconded the motion; the motion was adopted, 8-0. c. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3876 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000006, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 16.8-acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas; followed by discussion and possible action to consider adopting Ordinance 2022-3876 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000006, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 16.8-acre tract of land located between San Jacinto Ave, Park Drive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas. [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 7:11 p.m. Director Evans provided a presentation; there were no public speakers for the hearing. Mayor Rigby closed the public hearing at 7:17 p.m. Councilperson Garza moved to deny the request: the Mayor ruled the motion out of order, as it would have the same effect as making no motion at all; the motion was not considered. Councilperson Garza moved the motion again later: the Mayor again ruled the motion out of order: Councilperson Garza moved to appeal the decision of the chair, the motion did not receive a second and the appeal was not considered. Councilperson Bentley moved to adopt Ordinance 2022-3876 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000006, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 16.8-acre tract of land located between San Jacinto Avenue, Park Drive, and East H Street and legally described as Lots 1-13 Block 291• Lots 1-17 Block 292: Lots 1-28 Block 294: Lots 1-38 Block 305: and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas: Councilperson Engelken seconded the motion: the motion was adopted. 7-1, Councilperson Garza voting against. d. The City Council will hold a public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3877 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the High Frequency Truck Route; followed by discussion and possible action to consider adopting Ordinance 2022-3877 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the High Frequency Truck Route. [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 7:33 p.m. Director Evans provided a presentation; Michael Vivian, the builder for the owner, spoke in support of the ordinance. Mayor Rigby closed the public hearing at 7:40 p.m. Councilperson Garza moved to postpone the item and direct staff to explore bringing it back after considering truck count and condition of the street; the motion did not receive a second and was not considered. No other main motion was made. 7. ELECTION MATTERS a. Presentation, discussion, and possible action to approve a joint election agreement and election services contract with Harris County for the City of La Porte's May 7, 2022, general and special elections. [Mayor Louis R. Rigby] Councilperson Garza moved to approve a ioint election agreement and election services contract with Harris County for the City of La Porte's May 7. 2022, general and special elections: Councilperson Bentley seconded the motion: the motion was adopted, 8-0. 8. STATUTORY AGENDA a. Presentation, discussion, and possible action to provide direction on the City of La Porte Police Department and EMS mobile and portable radio project and whether to issue a notice to proceed letter to Motorola. [Chief Steve Deardorff, Police Department] Councilperson Engelken direct the City of La Porte Police Department and EMS mobile and portable radio project onward and to issue a notice to proceed letter to Motorola; the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. 9. REPORTS a. Receive report of the La Porte Development Corporation Board meeting. [Councilperson Engelken] Councilperson Engelken noted the Board received the annual report and approved Battleground Saloon to receive the first $10,000.00 funding for meeting capital investment benchmarks. 10. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee meeting, April 11, 2022 • City Council Budget Retreat, April 9, 2022 • City Council meeting, April 11, 2022 • Planning and Zoning Commission meeting, April 21, 2022 • City Council meeting, April 25, 2022 City Manager Corby Alexander introduced Matt Daeumer as the new Assistant City Manager. 8. 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, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated and welcomed Matt Daeumer on his new position; requested that the Planning and Zoning Commission cefully consider the proposals they are making on rezoning; and expressed disrpay over certain v tes of•the Council, especially relating to property rights.