12-12-16 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 12, December 12, AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 20162016 N/AN/A Source of Funds:Source of Funds: Traci LeachTraci Leach Requested By:Requested By: Account Number:Account Number: AdministrationAdministration Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1.Amended 380 AgreementAmended 380 Agreement 2.Guaranty of PaymentGuaranty of Payment 3.Deed Without WarrantyDeed Without Warranty 4.Real Estate LienReal Estate Lien 5.Deed of TrustDeed of Trust SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS El Toro Mexican Restaurant is a local well known restaurant that has being doing business in La Porte El Toro Mexican Restaurant is a local well known restaurant that has being doing business in La Porte for over 50 years. It is owned and operated by the Ybarra family, which not only grew up in La Porte but for over 50 years. It is owned and operated by the Ybarra family, which not only grew up in La Porte but still live there. still live there. Mr. Roland Ybarra (dba as Ybarra Restaurants Inc.) is planning on building a brand new El Toro Mr. Roland Ybarra (dba as Ybarra Restaurants Inc.) is planning on building a brand new El Toro restaurant with a Hacienda feel that will not only attract local patrons but also ones visiting or staying restaurant with a Hacienda feel that will not only attract local patrons but also ones visiting or staying here. The proposed restaurant will be a minimum of 7,500 square feet, seat over 400 patrons, and will here. The proposed restaurant will be a minimum of 7,500 square feet, seat over 400 patrons, and will have patio dining, as well. All 35 existing employees will be retained in La Porte and approximately 100 have patio dining, as well. All 35 existing employees will be retained in La Porte and approximately 100 employees will be hired as a result of building this restaurant.employees will be hired as a result of building this restaurant.employees will be hired as a result of building this restaurant.employe es will be hired as a result of building this restaurant. thth In order to construct the proposed restaurant, El Toro applied for closure of the N. 25In order to construct the proposed restaurant, El Toro applied for closure of the N. 25 Street right of Street right of thth way (El Toro owns property on both sides of the N. 25way (El Toro owns property on both sides of the N. 25 Street right of way). This application was Street right of way). This application was approved by the Council at the October 10, 2016 meeting, along with a development agreement to approved by the Council at the October 10, 2016 meeting, along with a development agreement to waive closure fees. waive closure fees. Unfortunately, the closure that was approved did not include a small rectangle of property Unfortunately, the closure that was approved did not include a small rectangle of property thth (approximately 1,800 square feet) abutting the property to the north of the N. 25(approximately 1,800 square feet) abutting the property to the north of the N. 25 Street right Street right--ofof--way. way. This corner property was not included in the original closure application in 2015 due to lack of This corner property was not included in the original closure application in 2015 due to lack of participation by the abutting property owner. In the interest of moving forward with the El Toro project, participation by the abutting property owner. In the interest of moving forward with the El Toro project, that corner piece was carved out of the closure application. Subsequent to those initial discussions in that corner piece was carved out of the closure application. Subsequent to those initial discussions in 2015, the abutting property owner did agree to participate in the closure and signed the appropriate 2015, the abutting property owner did agree to participate in the closure and signed the appropriate documents to allow the closure to move forward. The exhibits for the closure were never updated to documents to allow the closure to move forward. The exhibits for the closure were never updated to reflect the agreement of the credit union. reflect the agreement of the credit union. As such, staff has considered this secondary closure as a phase two of the initial application. The 75% As such, staff has considered this secondary closure as a phase two of the initial application. The 75% valuation calculation method has been applied to this closure and no additional application fees were valuation calculation method has been applied to this closure and no additional application fees were charged to the applicant. The charged to the applicant. The no objectionno objectionletters from the utilities are valid for two years from the date letters from the utilities are valid for two years from the date of issue, so all letters are still applicable. The ordinance to close this additional 1,800 square foot area of issue, so all letters are still applicable. The ordinance to close this additional 1,800 square foot area is a companion item on this agenda.is a companion item on this agenda.