2011-04-11 Regular Meeting of the La Porte City Council

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Discussion commenced regarding the compromise. The property is currently zoned PUD. The compromise reflects back to prior zoning classifications. The compromise contemplates stacking four containers high on that portion of the property originally zoned HI — heavy industrial, and two containers high on the property originally zoned LI — light industrial. Councilmember Leonard made a motion to send this item back to the Planning and Zoning Commission. He stated it is unfair to circumvent what the Planning and Zoning Commission does. Councilmember Moser seconded the motion. Discussion commenced regarding remanding this item back to P &Z. Councilmember Zemanek asked the City Attorney whether this issue requires a super majority vote from council vs. a simple majority vote. Mr. Askins explained that this issue requires a simple majority because P &Z forwarded a positive recommendation to council. Although P &Z recommended a change to one of the conditions of the SCUP from what the applicant originally applied for, they did forward a positive recommendation. A super majority vote (three - fourths of a governmental body's members) is required to overrule a recommendation by the P &Z to deny a proposed change to a regulation or boundary. P &Z did not recommend Council deny the SCUP; they recommended approval of the SCUP. Therefore, a simple majority vote by Council is needed. Councilmember Leonard stated he feels it is wrong to overturn what the P &Z sent forward. Phillip Hoot, 927 Seabreeze, spoke again, stating he disagrees with the opinion of City Attorney Askins. The vote was taken on Councilmember Leonard's motion to send this item back to the Planning and Zoning Commission. MOTION FAILED. Ayes: Councilmembers Leonard, Zemanek, and Moser Nays: Councilmembers Mosteit, Engelken, Clausen, Martin and Mayor Rigby Absent: Councilmember Black Council considered the motion still on the floor, which was made by Councilmember Martin and seconded by Councilmember Clausen, to adopt Ordinance No. 3332, as amended by the compromise. MOTION PASSED. Ayes: Councilmembers Clausen, Martin, Engelken, Mosteit, and Mayor Rigby Nays: Councilmembers Mosier, Zemanek, and Leonard Absent: Councilmember Black 8. Receive Report from La Porte Development Corporation Board — Councilmember Engelken Chairman Engelken provided a Report from the last meeting of the La Porte Development Corporation Board. 9. Administrative Reports — R. Bottoms City Manager Ron Bottoms did not make a report. April 13, 2011 — BAYTRAN Luncheon — Cullen's Upscale American Grille — 11:30 a. m. April 14, 2011 — Employee Golf Scramble — Bay Forest Golf Course — 5:30 p.m. April 16, 2011 — LPISD Band Boosters 13 Annual Golf Tournament — Bay Forest Golf Course — 8:30 a.m. April 20, 2011 — Mayor Norman L. Malone Memorial Golf Tournament — Bay Forest Golf Course Page 4 of 6 April 11, 2011, City Council Meeting Minutes