2014-09-08 Regular Meeting of La Porte City Council minutes

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Councilmember Leonard moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Kaminski, Earp, Leonard, and Martin Nays: None Absent: Councilmembers Engelken, Moser and Zemanek Prior to council action, Assistant City Attorney Clark Askins read the caption of Resolution 2014-05: A RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2014-3535: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 715, LA PORTE; RETAINING A 16' WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING' COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 6. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by City Staff to authorize a variance to Section 6-2, of the Code of Ordinances of the City of La Porte, by allowing the sale of alcoholic beverages for on- premise consumption at Broadway Cafe located at 1023 S. Broadway (This item was pulled from the agenda at the August 25, 2014 meeting) — T. Tietjens The public hearing was opened at 6:08 p.m. City Planner Eric Ensey presented a summary. Councilmember Leonard questioned the proposed hours of operation at Broadway Cafe due to his concerns of Friday night football games. Jaime Suarez, owner of Broadway Cafe' approached the microphone and responded, 6:00 a.m.-9:00 p.m. and the restaurant will be closed before the ending of the football games. Councilmember Earp questioned if the 300 feet distance is the state law. Assistant City Attorney Clark Askins responded yes, and the City of La Porte adopted the 300 foot rule years ago. Councilmember Earp then questioned if staff knows of any history of why the 300 foot rule exist. Assistant City Attorney Clark Askins responded no. Councilmember Martin commented the location is close to the school property, but quite a distance from the front door of the school. Jimena Suarez, owner of Broadway Cafe addressed Council and informed how difficult it is to succeed owning a restaurant and how they would like compete with other restaurants in the community by having the option to sale alcoholic beverages and still own a family style restaurant. The public hearing closed at 6:13 p.m. (b) Consider approval or other action regarding an Ordinance authorizing a variance to Section 6-2 of the Code of Ordinances by allowing the sale of alcoholic beverages for on -premises consumption at Broadway Cafe, located at 1023 S. Broadway St. (This item was pulled from the agenda at the August 25, 2014 meeting) — T. Tietjens Councilmember Martin moved to approve an Ordinance authorizing a variance to Section 6-2 of the Code of Ordinances by allowing the sale of alcoholic beverages for on -premises consumption at Broadway Cafe, located at 1023 S. Broadway St. Councilmember Kaminski seconded. MOTION PASSED. Page 2 of 6 September 8, 2014, Council Meeting Minutes