2013-04-08 Regular Meeting of La Porte City Council minutes

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Building Official Debbie Wilmore advised Council the Zoning Board of Adjustment ruled the owner is eligible to apply for a permit and agreed the owner remove the back building; remove the rear addition as needed to ensure 50 percent of the replacement cost or less. Mayor Rigby questioned Council if they would continue the public hearing to allow additional time. Councilmember Moser commented he would like to see the 90 days granted. Councilmember Leonard questioned if plans will be ready in 90 days. J.B. Williamson responded no, he anticipates in 90 days to get the plans submitted to the City, along with working drawings and to obtain a permit. Councilmember Clausen commented Council can grant the first 90 days for the drawings and permit and then an additional 90 days can be granted for time to get a loan, and Council will remain consistent with past practice. Councilmember Moser moved to continue the public hearing to July 22, 2013, for one (1) substandard building located at 500 W. Main St. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: None (c) Public Hearing to receive comments regarding recommendations of the Planning and Zoning Commission for proposed regulations pertaining to dust free surface criteria for all zoning districts — J. Garza City Council opened the public hearing at 6:37 p.m. to receive comments regarding recommendations of the Planning and Zoning Commission for proposed regulations pertaining to dust free surface criteria for all zoning districts. Senior Engineer Julian Garza presented a summary and reviewed changes on the proposed ordinance. Councilmember Zemanek asked if the City does geotechnical reports when doing street repairs. Assistant Public Works Director Don Pennell responded the City randomly tests streets that are being rehabilitated or replaced; and if a complete replacement is done, a complete geoanalysis is done before the street is replaced. Councilmember Martin question if the codes apply to redevelopment if there is a new owner of a building. Senior Engineer Julian Garza responded only if it is a completely different use and the building is torn down and rebuilt with different layouts. Councilmember Moser questioned if a building was not being remolded but the building use changes, will the codes apply to redevelopment. Mr. Garza responded no. Councilmember Zemanek questioned if a pre-existing non -conforming piece of property was owned with a tenant leasing the property and then vacated and leased to another, the dust standards do not have to be met. Mr. Garza responded that is correct. Councilmember Mosteit left the table at 7:01 p.m. and returned at 7:04 p.m. Councilmember Martin questioned if the Planning and Zoning Commission clarified pre-existing, non -conforming development will be exempt from the standards unless the property is redeveloped, Page 3 of 8 April 8, 2013, City Council Meeting Minutes