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Home My WebLink About04-25-2022LOUIS R. RIGBY Mayor BRANDONLUNSFORD Councilperson At Large A BRE NT M cCAU LLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCKENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 25, 2022 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District 4 JAY MARTIN Mayor Pro Tem Councilperson District 5 ROBBIE M[LARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, April 25, 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, Bill Bentley, Brent McCaulley (arrived at 6:25 p.m.), Jay Martin, Robbie McLarrin Councilpersons attending remotely: Chuck Engelken Councilpersons absent: Thomas Garza Council -appointed officers present: Corby Alexander, 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 Chuck Engelken. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Proclamation — Crime Victims Week [Mayor Louis R. Rigby] b. Proclamation — Parliamentary Law Month [Mayor Louis R. Rigby] c. Proclamation — Records and Information Management Month [Mayor Louis R. Rigby] Cl. Proclamation — Fair Housing Month [Mayor Louis R. 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.) There were no citizen comments. 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 forfldl discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the City Council special meeting held on April 9, 2022, and the City Council regular meeting held on April 11, 2022. [Louis R. Rigby] b. Approve the recurring monthly payment of $8,987.76 to AT&T for the City's phone system, pursuant to terms of existing three- (3-) year contract ending September 1, 2023. [Grady Parker, IT Manager] c. Approve exercise of one-year auto -renewal under City of La Porte contract with OneSolution ERP. [Grady Parker, IT Manager] d. Authorize the Mayor to sign the General and No Litigation Certificate with Southeast Texas Housing Finance Corporation (SETH) for the Rosemont at Garth Apartments in Baytown. [Corby Alexander, City Manager] e. Adopt Ordinance 2022-3883 denying the application of CenterPoint Energy Houston Electric, LLC, for approval to amend its Distribution Cost Recovery Factor. [Corby Alexander, City Manager] f. Approve the appointment of Amanda Gerrish to an open position on the La Porte Development Corporation Board of Directors. [Louis R. Rigby. Mayor] g. Authorize the City Manager to execute a professional services agreement with Schaumburg and Polk, Inc. for engineering, design, and limited construction phase services in connection with the Lift Station 31 Rehabilitation Project, for an amount not to exceed $171,100.00. [Ray Mayo, Director of Public Works] h. Adopt Resolution 2202.09 adopting Citizen Participation Plan and Grievance Procedures, Section 3 Policy, Excessive Force Policy, Section 504 Policy and Grievance Procedures, Code of Conduct Policy, Limited English Proficiency Plan, and Fair Housing Policy, in connection with the participation of the City of La Porte, Texas, in federally funded Community Development Block Grant— Mitigation (CDBG-MIT) Projects.[Ray Mayo, Director of Public Works] i. Adopt Resolution 2022-10 authorizing the City of La Porte to join with other municipalities as part of the coalition of cities, in connection with CenterPoint Energy Houston Electric, LLC's application for approval of a Distribution Cost Recovery Factor. [Corby Alexander, City Manager] Mayor Rigby noted that the resolution in item h should be numbered 2022-09 rather than 2202-09. Councilperson Bentley moved to approve the consent agenda items a-d. f. Q. and h: the motion was seconded by Councilperson Engelken, the motion was adopted, 7-0. Prior to the meeting, Councilperson Engelken signed a conflict of interest affidavit foritems a and i and did not participate in the consideration of or votes on those items. Councilperson Bentley moved to adopt Ordinance 2.022-3883 denying the application of CenterPoint Energy :Houston Electric LLC for approval to amend its Distribution Cost Recovery Factor; the motion was seconded by Councilperson Lunsford; the motion was adopted, 6-0. Councilperson Bentley moved to adopt Resolution 2022-10 authorizing the City of La Porte to loin with other municipalities as part of the coalition of cities, in connection with CenterPoint Energy Houston Electric. LLC's application for approval of a Distribution Cost Recovery Factor: the motion was seconded by Councilperson Lunsford; the motion was adopted, 6-0. 6. PUBLIC HEARING 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 2022-3878 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 20.8-acre tract of land located east of S. Broadway Street and south of K Street; legally described as Lots 7-12, Block 14; Lots 1-12, Block 15; Lots 1-16, Block 18; & Lots 1-14, Block 19, Sylvan Beach; Lots 1-6, Block 1, Sylvan Beach Replat; Lots 25-35, Block 1114; Lots 1-31 & 46-48, Block 1118; & Lots 1-43, Block 1161 Town of La Porte, Harris County, Texas, by changing the land use designation from "Mid -High Density Residential" to "Low Density Residential"; followed by discussion and possible action to adopt Ordinance 2022-3878 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 20.8-acre tract of land located east of S. Broadway Street and south of K Street; legally described as Lots 7-12, Block 14; Lots 1-12, Block 15; Lots 1-16, Block 18; & Lots 1-14, Block 19, Sylvan Beach; Lots 1-6, Block 1, Sylvan Beach Replat; Lots 25-35, Block 1114; Lots 1-31 & 45-48, Block 1118; & Lots 1-43, Block 1161 Town of La Porte, Harris County, Texas, by changing the land use designation from "Mid -High Density Residential" to "Low Density Residential". [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 6:19 p.m. Director Evans provided a presentation; there were no public speakers for the hearing. (Councilperson McCaulley arrived.) Mayor Rigby closed the public hearing at 6:26 p.m. Councilperson Bentley moved to adopt Ordinance 2022-3878 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 20.8-acre tract of land located east of S. Broadway Street and south of K Street: legally described as Lots 7-12, Block 14: Lots 1-12, Block 15: Lots 1-16, Block _18: & Lots 1-14, b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3879 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000007, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 20.8-acre tract of land located east of S. Broadway Street and south of K Street and legally described as Lots 7-12, Block 14; Lots 1-12, Block 15; Lots 1-16, Block 18; & Lots 1-14, Block 19, Sylvan Beach; Lots 1-6, Block 1, Sylvan Beach Replat; Lots 25-35, Block 1114; Lots 1-31 & 45-48, Block 1118; & Lots 1-43, Block 1161 Town of La Porte, Harris County, Texas; followed by discussion and possible action to adopt Ordinance 2022-3879 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000007, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 20.8-acre tract of land located east of S. Broadway Street and south of K Street and legally described as Lots 7-12, Block 14; Lots 1-12, Block 16; Lots 1-16, Block 18; & Lots 144, Block 19, Sylvan Beach; Lots 1-6, Block 1, Sylvan Beach Replat; Lots 25-36, Block 1114; Lots 1-31 & 45-48, Block 1118; & Lots 1-43, Block 1161 Town of La Porte, Harris County, Texas. [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 6:29 p.m. There were no public speakers for the hearing. Mayor Rigby closed the public hearing at 6:29 p.m. Councilperson Bentley moved to adopt Ordinance 2022-3879 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000007, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 20.8-acre tract of land located east of S. Broadway Street and south of K Street and legally described as Lots 7-12, Block 14: Lots 1-12, Block 15: Lots 1-16, Block 18: & Lots 1-14, Block 19, Sylvan Beach: Lots 1-6. Block 1, Sylvan Beach Replat: Lots 25- 35 Block 1114: Lots 1-31 & 45-48 Block 1118: & Lots 1-43 Block 1161 Town of La Porte Harris County Texas: Councilperson Lunsford 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 2022-3880 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 1.19-acre tract of land located at the 1700 Block of S. Broadway Street; legally described as Lots 1-16, Block 1445, Town of La Porte, Harris County, Texas, from "Commercial" to "Low Density Residential"; followed by discussion and possible action to adopt Ordinance 2022-3880 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 1.19-acre tract of land located at the 1700 Block of S. Broadway Street; legally described as Lots 1-16, Block 1445, Town of La Porte, Harris County, Texas, from "Commercial" to "Low Density Residential". [Teresa Evans, Planning & Development Director] Mayor Rigby opened the public hearing at 6:31 p.m. Director Evans provided a presentation; Planning and Zoning Commission member Mark Follis spoke in support of the change. Mayor Rigby closed the public hearing at 6:45 p.m. There was no motion for action or adoption. d. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3881 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000008, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 39.4-acre tract of land located east of S. Broadway St. and south of Garfield Street and legally described as Lots 1-6, Block 16; Lots 1-5, Block 17; & Tracts 18 & 19, Sylvan Beach; Lots 1-32, Block 1445; Tracts 32A, 33, 33A, 33B, 34, 44, 44A, 45, Lots 1- 32 & Tracts A, B & C, Block 1255; & Tracts A & B & Lot 1, Block 1218, Town of La Porte; & Tracts 32,41,42 & 47, Abstract 35, J Hunter Survey, Harris County, Texas; followed by discussion and possible action to adopt Ordinance 2022-3881 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000008, a change from High Density Residential (R-3) to Low Density Residential (R-1) for a 39.4•acre tract of land located east of S. Broadway St. and south of Garfield Street and legally described as Lots 1-6, Block 16; Lots 1-5, Block 17; & Tracts 18 & 19, Sylvan Beach; Lots 1-32, Block 1445; Tracts 32A, 33, 33A, 33B, 34, 44, 44A, 45, Lots 1-32 & Tracts A, B & C, Block 1255; & Tracts A & B & Lot 1, Block 1218, Town of La Porte; & Tracts 32,41,42 & 47, Abstract 35, J Hunter Survey, Harris County, Texas. [Teresa Evans, Planning & Development Director] Mayor Riqbv opened the public hearing at 6:46 p.m. There were no public speakers for the hearing. Mayor Rigby closed the public hearing at 6:48 p.m. There was no motion for action or adoption. e. The City Council will conduct a public hearing to receive comment related to completion of the Northside Neighborhood Drainage Improvement Project, in connection with Texas GLO CDBG-DR 2015 Floods and Storms (DR-4223 and DR-4245) allocation of $325,775.30. [Ray Mayo, Director of Public Works] Mayor Rigby opened the public hearinq at 6:50 p.m. Director Mayo provided a presentation; there were no public speakers for the hearing. Mayor Rigby closed the public hearing at 6:52 p.m. 7. REPORTS a. Receive report of the La Porte Development Corporation Board of Directors meeting. [Councilperson Engelken] Councilperson Engelken said the Board renewed a request to select economic services through the RFP and that the City Manager's Office would return a recommendation to the Board. He said the next meeting would be held May 23, 2022. 8. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee meeting, May 9 • Fiscal Affairs Committee meeting, May 9 • City Council meeting, May 9 • Planning and Zoning Commission meeting, May 19 • City Council meeting, May 23 City Manager Corby Alexander said there were no reports but provided an answer to a question from a prior meeting, that the City's minimum sidewalk width was four foot, that ADA permitted a narrower sidewalk, but that he did not believe even that would fit in the right-of-way that had been discussed. 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, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons thanked staff for setting up the technology for remote Council participation; congratulated those who had received proclamations; and reminded all to come out for the Sylvan Beach Festival this weekend. 10. EXECUTIVE SESSION a. Texas Government Code Section 551.074 - Personnel Matters. The City Council will meet in closed session for the purpose of deliberation related to the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - Municipal Court of Record Judge Denise Mitrano. The Council convened in executive session at 6:56 p.m. 11. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 7:35 p.m. Councilperson McCaulley moved to proceed MMUMM Lee