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

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how does this impact the City's ability to enforce existing codes where there is an issue. Planning Director Tim Tietjens clarified the City has a pre-existing code enforcement case on a particular property and the property is not resolved and the case is on -going. Councilmember Leonard questioned for clarification, a currently conforming business owner leases a business to a tenant parking heavy equipment in the parking lot not designed for the weight does not have to bring the parking lot up to a standard that does not cause deterioration to the surface. Mr. Garza responded that is the way the ordinance is written, and he has made note of Councilmember Zemanek's recommendation to modify the ordinance and add language that would require meeting minimum design standard when there is a zone permit change. Councilmember Martin questioned if the minimum five -inch concrete pavement regarding mobile home zones includes the pad under the trailer. Mr. Garza responded the mobile home area does not apply to existing mobile home parks. Mayor Rigby questioned if there was recourse if a company builds a concrete parking lot for dump trucks and exceeds the six inches required, but over a period of time with the traveling of the dump trucks the dust become worse. Mr. Garza responded not in this ordinance, but it is in other ordinances. Councilmember Zemanek questioned how many pieces of property is the City having dust control driveway issues with other than the exception of the property on 17th Street. Mr. Garza responded none to his knowledge. Councilmember Zemanek commented a lot of time has been exhausted over an ordinance when there isn't a problem. Phillip Hoot, 927 Seabreeze, addressed Council as a member of the Planning and Zoning Commission, and spoke in support and provided input to the proposed ordinance as written. Bill Manning, 108 S. 2"d, advised Council to be cautious regarding a change in tenant or owner and bringing a drive -way up to standard. It can imply boring a parking lot that is in perfect condition. City Council closed the public hearing at 7:15 p.m (d) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by amending dust free surface regulations and establishing standards for paving surfaces — J. Garza Councilmember Kaminski moved to remand back to the Planning and Zoning Commission for further consideration. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays: None Absent: None 8. AUTHORIZATIONS (a) Consider approval or other action regarding city council meeting dates for the month of May 2013 as recommended by staff — C. Alexander/P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Leonard moved to cancel the May 27, 2013, Council meeting due to the Memorial Day holiday, and schedule a Special Council meeting, if necessary. Councilmember Moser seconded. MOTION PASSED. Page 4 of 8 April 8, 2013, City Council Meeting Minutes