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Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, <br />Martin, Zemanek, Leonard and Moser <br />Nays: None <br />Absent: Councilmember Kaminski <br />(b) Discussion or other action regarding retail and market study from Catalyst Commercial — S. <br />Livingston <br />Economic Development Coordinator Scott Livingston presented a summary for the retail and <br />market study done by Catalyst Commercial. <br />Jason Claunch with Catalyst Commercial provided a report. <br />Councilmember Zemanek questioned Mr. Claunch in regards to the traffic study if retailers were not <br />concerned with drive-thru traffic on freeways. Mr. Claunch responded "drive-thru traffic" would not <br />be a core customer. Core customers are individuals currently shopping in La Porte or individuals <br />possibly shopping in other retail modes. <br />Mayor Rigby questioned if the traffic counts exclude truck traffic on Highway 146. Mr. Claunch <br />responded no. <br />Councilmember Leonard commented knowing the origin or destination of traffic on Highway 146 <br />would be beneficial for future advertisement purposes. <br />Councilmember Martin questioned whether, based on other communities' traffic studies, it can be <br />determined what types of retail can be attracted. Mr. Claunch responded the retail analytics for the <br />City of La Porte's market place have not yet been completed to provide the information. <br />Mr. Claunch informed Council the first phase of the retail and market study will be completed <br />between 30-45 days. <br />(c) Discussion or other action regarding closure of right-of-way encroachments within the City <br />of La Porte — Councilmembers Zemanek, Kaminski and Moser <br />Councilmembers Zemanek presented a summary and requested Council to discuss plans for right <br />of way encroachments within the City of La Porte. <br />City Manager Corby Alexander requested Council provide staff with direction on addressing <br />right-of-way encroachments with adjacent property owners. <br />Mayor Rigby questioned staff if an individual can come to the Planning Department with a set of <br />drawings with intent to build at a certain location and be informed of an encroachment on an alley <br />or a right-of-way. Planning Director Tim Tietjens responded yes. <br />Councilmember Leonard commented he would like to see the City contact property owners to <br />notify them of any encroachments and see if they would like to apply for a closing or vacate the <br />property. <br />GIS Manager Brian Sterling informed Council a governmental entity with eminent domain is <br />exempt from application and closing fees but is responsible for coordinating with the City's <br />franchise utility companies if easements are required. <br />Mayor Rigby questioned Mr. Sterling why the Right -of -Way Encroachment Report included a <br />column listed as "Since 2002." Mr. Sterling responded that designation means aerial photography <br />from 2002 was utilized to determine the duration of the encroachment. Mayor Rigby questioned <br />Assistant City Attorney Clark Askins if owners actually own the property listed on the Encroachment <br />Report if a permit was issued and a structure was built on or across the alley or right-of-way. Mr. <br />Askins responded it is not definitive. <br />Page 5 of 7 <br />June 10, 2013, Council Meeting Minutes <br />